Australia - United Kingdom FTA (2021)
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(b) considers that it has complied with the terms and conditions of any compensation agreed pursuant to paragraph 2; or

(c) claims that the complaining Party has failed to follow the principles set out in paragraph 5,

it may request in writing, no later than 30 days after receipt of the notification referred to in paragraph 3, the panel to reconvene to make findings on the matter.

10. If a panel is requested to reconvene pursuant to paragraph 9, it shall reconvene within 15 days of receipt of the request. The panel shall present its decision to the Parties no later than 90 days after the receipt of the request. In exceptional cases, if the panel considers that it cannot present its decision within this time period it shall inform the Parties in writing of the reasons for the delay together with an estimate of when it will present its decision. The panel shall not exceed an additional period of 30 days and in cases of urgency shall make every effort to not exceed 15 days.

11. Concessions or other obligations shall not be suspended until the panel has presented its decision. Any suspension of concessions or other obligations shall be consistent with the panel's decision.

Article 30.17. Compliance Review after the Adoption of Temporary Remedies

1. Compensation and the suspension of concessions or other obligations shall be temporary and shall only be applied until such time as the responding Party has complied with the final panel report or the Parties have reached a mutually agreed solution.

2. If the right to suspend concessions or other obligations has been exercised pursuant to paragraph 7 of Article 30.16 (Temporary Remedies for Non- Compliance), or mutually acceptable compensation has been agreed pursuant to paragraph 2 of Article 30.16 (Temporary Remedies for Non-Compliance), and the responding Party considers that it has complied with the final panel report, the responding Party shall notify the complaining Party of the steps it has taken to comply.

3. Subject to paragraph 4, the complaining Party shall terminate the suspension of concessions or other obligations within 30 days of receipt of the notification in paragraph 2. In cases where compensation has been applied, and subject to paragraph 4, the responding Party may terminate the application of such compensation within 30 days of the complaining Party's receipt of the notification in paragraph 2.

4. If the Parties disagree on the existence or consistency with this Agreement of any steps notified in accordance with paragraph 2, no later than 30 days after the date of the complaining Party's receipt of the notification, a Party may request in writing the panel to reconvene to examine the matter. (4)

5. Paragraphs 4 through 7 of Article 30.15 (Compliance Review) apply if the panel reconvenes pursuant to paragraph 4.

6. If the panel decides that the steps notified in accordance with paragraph 2 achieve compliance with the final panel report, the suspension of concessions or other obligations or the application of the compensation, shall be terminated no later than 30 days after the date of the decision.

7. If the panel decides that the steps notified in accordance with paragraph 2 do not achieve compliance with the final panel report, the suspension of concessions or other obligations, or the application of the compensation, may continue. Where relevant, the level of suspension of concessions or other obligations or of the compensation, shall be adapted in light of the decision of the panel.

(4) Where a panel is reconvened pursuant to this paragraph, it may also, on request of a Party, assess whether the level of any existing suspension of concessions or other obligations by the complaining Party is still appropriate and, if not, assess an appropriate level.

Article 30.18. Suspension or Termination of Proceedings

1. On the request of the Parties, the panel shall suspend its work at any time for a period agreed by the Parties not to exceed 12 consecutive months.

2. The panel shall resume its work at any time on the request of the Parties or at the end of the agreed suspension period on the request of a Party. The request shall be made in writing and notified to the panel, as well as to the other Party, where applicable.

3. In the event of a suspension, the timeframes set out in this Chapter and in the Rules of Procedure shall be extended by the amount of time that the panel's work was suspended.

4. If the work of the panel is suspended for more than 12 consecutive months, the panel proceedings shall lapse, unless the Parties agree otherwise.

5. The panel shall terminate its proceedings if the Parties request it to do so.

Article 30.19. Time Periods and Cases of Urgency

1. Any time period referred to in this Chapter, the Rules of Procedure, or the Code of Conduct may be modified for a dispute by agreement of the Parties.

2. The panel may at any time propose to the Parties to modify any time period, stating the reasons for the proposal.

3. In cases of urgency, the applicable time periods in this Chapter shall not exceed half the time prescribed therein, except:

(a) for the time periods specified in Article 30.9 (Establishment and Reconvening of Panels), Article 30.17 (Compliance Review after the Adoption of Temporary Remedies), and Article 30.18 (Suspension or Termination of Proceedings);

(b) where expressed otherwise in this Chapter; or

(c) where the Parties agree otherwise.

4. On the request of a Party, the panel shall decide, within 15 days of the request, whether a dispute concerns a case of urgency.

Article 30.20. Mutually Agreed Solution

1. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 30.4 (Scope).

2. If a mutually agreed solution is reached during panel proceedings, the Parties shall jointly notify the agreed solution to the panel.

Article 30.21. Administration of the Dispute Settlement Procedure

1. The Parties may agree to jointly entrust an external body with providing support for certain administrative tasks for the dispute settlement procedure under this Chapter.

2. The expenses of the external body shall be borne by the Parties in equal share, unless the Parties agree otherwise.

Article 30.22. Contact Point

1. Each Party shall designate a contact point for this Chapter and shall notify the other Party of the contact details of that contact point within 30 days of entry into force of this Agreement. Each Party shall promptly notify the other Party of any change to those contact details.

2. Any request, notification, written submission, or other document made in accordance with this Chapter shall be delivered to the other Party through its designated contact point.

Chapter 31. GENERAL PROVISIONS AND EXCEPTIONS

Article 31.1. General Exceptions

1. For the purposes of Chapter 2 (Goods), Chapter 4 (Rules of Origin and Origin Procedures), Chapter 5 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 7 (Technical Barriers to Trade), Chapter 13 (Investment), Chapter 14 (Digital Trade), and Chapter 18 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. (1)

2. The Parties understand that the measures referred to in paragraph (b) of Article XX of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that paragraph (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

3. For the purposes of Chapter 8 (Cross-Border Trade in Services), Chapter 9 (Financial Services), Chapter 10 (Professional Services and Recognition of Professional Qualifications), Chapter 11 (Temporary Entry for Business Persons), Chapter 12 (Telecommunications), Chapter 13 (Investment), Chapter 14 (Digital Trade), and Chapter 18 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis. (2) The Parties understand that the measures referred to in paragraph (b) of Article XIV of GATS include environmental measures necessary to protect human, animal or plant life or health.

4. Nothing in this Agreement shall be construed to prevent a Party from implementing the suspension of obligations, including maintaining or increasing a customs duty, that is authorised by the Dispute Settlement Body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which both Parties are party.

(1) For the purposes of Chapter 18 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase, production or sale of goods, or affecting activities the end result of which is the production of goods.
(2) For the purposes of Chapter 18 (State-Owned Enterprises and Designated Monopolies), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures ofa Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services.

Article 31.2. Security Exceptions

Nothing In this Agreement shall be construed to:

(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 31.3. Temporary Safeguard Measures

1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers for current account transactions in the event of serious balance of payments and external financial difficulties or threats thereof.

2. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers relating to the movements of capital:

(a) in the event of serious balance of payments and external financial difficulties or threats thereof; or

(b) if, in exceptional circumstances, payments or transfers relating to capital movements cause or threaten to cause serious difficulties for macroeconomic management.

3. Any measure adopted or maintained under paragraph 1 or 2 shall:

(a) not be inconsistent with Article 8.3 (National Treatment - Cross- Border Trade in Services), Article 8.4 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services), Article 9.5 (National Treatment - Financial Services), Article 9.8 (Most-Favoured-Nation Treatment - Financial Services), Article 13.5 (National Treatment — Investment), and Article 13.6 (Most-Favoured-Nation Treatment - Investment); (3)

(b) be consistent with the Articles of Agreement of the International Monetary Fund ("IMF");

(c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(d) not exceed those necessary to deal with the circumstances described in paragraph 1 or 2;

(e) be temporary and be phased out progressively as the situations specified in paragraph 1 or 2 improve;

(f) not be inconsistent with Article 13.9 (Expropriation and Compensation - Investment); (4) and

(g) not be used to avoid necessary macroeconomic adjustment.

4. A Party adopting or maintaining measures under paragraph 1 or 2 shall:

(a) promptly notify, in writing, the other Party of the measures, including any changes therein; and

(b) on request of the other Party, promptly commence consultations with the other Party to review the measures adopted or maintained under paragraph 1 or 2, provided that:

(i) in the case of capital movements, such consultations are not otherwise taking place outside of this Agreement; or

(ii) in the case of current account restrictions, such consultations are not otherwise taking place under the framework of the WTO Agreement.

5. Any consultations pursuant to paragraph 4 shall take into account all relevant findings of a statistical nature and other facts presented by the IMF relating to foreign exchange, monetary reserves, balance-of-payments, and their conclusions shall take into account the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.

(3) Without prejudice to the general interpretation of Article 8.3 (National Treatment - Cross Border Trade in Services), Article 8.4 (Most-Favoured-Nation Treatment - Cross Border Trade in Services), Article 9.5 (National Treatment – Financial Services), Article 9.8 (Most-Favoured-Nation Treatment – Financial Services), Article 13.5 (National Treatment – Investment), and Article 13.6 (MostFavoured-Nation Treatment – Investment), the fact that a measure adopted or maintained pursuant to paragraph 1 or 2 differentiates between investors on the basis of residency does not necessarily mean that the measure is inconsistent with Article 8.3 (National Treatment – Cross Border Trade in Services), Article 8.4 (Most-Favoured-Nation Treatment – Cross Border Trade in Services), Article 9.5 (National Treatment – Financial Services), Article 9.8 (Most-Favoured-Nation Treatment – Financial Services), Article 13.5 (National Treatment – Investment), and Article 13.6 (MostFavoured-Nation Treatment - Investment)
(4) For greater certainty, measures referred to in paragraph 1 or 2 may be non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives as referred to in subparagraph 3(b) of Annex 13B (Expropriation - Investment).

Article 31.4. Taxation Measures

1. For the purposes of this Article: "competent Authority" Means:

(a) for Australia, the Secretary to the Treasury or a successor or an authorised representative; and

(b) for the United Kingdom, the Commissioners for Reveme and Customs or a successor or an authorised representative;

"listed taxes" means taxes on income, on capital gains, on the taxable capital of corporations, on the value of an investment or property (5) (other than the transfer of that investment or property), on estates, on inheritances, on gifts, or on generation-skipping transfers;

"tax convention" means a convention for the avoidance of double taxation, or any other international taxation agreement or arrangement; and

"taxes" and "taxation measures" include excise duties, but do not include:

(a) a "customs duty" as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions);

(b) a fee or other charge in comnection with the importation commensurate with the cost of services rendered; or

(c) an antidumping or countervailing duty.

2. Except as provided in this Article, nothing in this Agreement applies to taxation measures.

3. The following provisions apply to taxation measures:

(a) Article 2.3 (National Treatment -Trade in Goods), and such other provisions of this Agreement as are necessary to give effect to that Article, to the same extent as does Article III of GATT 1994;

(b) Article 2.12 (Export Duties, Taxes or other Charges - Trade in Goods);

(c) Article 13.9 (Expropriation and Compensation - Investment); and

(d) Article 13.11 (Performance Requirements - Investment).

4. The following provisions apply to taxation measures other than listed taxes:

(a) Article 8.3 (National Treatment - Cross-Border Trade in Services);

(b) Article 8.4 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services);

(c) Article 9.5 (National Treatment - Financial Services);

(d) Article 9.8 (Most-Favoured-Nation Treatment - Financial Services);

(e) Article 13.5 (National Treatment - Investment); and

(f) Article 13.6 (Most-Favoured-Nation Treatment - Investment).

5. The following provisions also apply, in relation to the purchase or consumption of particular services, to taxation measures on income, on capital gains, on the taxable capital of corporations, or on the value of an investment or property (5) other than the transfer of that investment or property):

(a) Article 8.3 (National Treatment - Cross-Border Trade in Services; and

(b) Article 9.5 (National Treatment - Financial Services),

except that nothing in this paragraph prevents a Party from conditioning the receipt or continued receipt of an advantage that relates to the purchase or consumption of particular services on requirements to provide the service in its territory.

6. Nothing in the provisions referred to in paragraph 4 or 5 applies to:

(a) a non-conforming provision of any existing taxation measure;

(b) the continuation or prompt renewal of a non-conforming provision of any existing taxation measure;

(c) an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles;

(d) the adoption or enforcement of any new taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes, including any taxation measure that differentiates between persons based on their place of residence for tax purposes, provided that the taxation measure does not arbitrarily discriminate between persons, goods or services of the Parties (6);

(e) a provision that conditions the receipt or continued receipt of an advantage relating to the contributions to, or income of, a pension trust, pension plan, superannuation fund or other arrangement to provide pension, superannuation or similar benefits, on a requirement that the Party maintain continuous jurisdiction, regulation or supervision over that trust, plan, fund or other arrangement; or

(f) any taxation measure of a Party with respect to the acquisition of an interest in residential property, where that measure is directed at facilitating home ownership for that Party's residents.

7. Nothing in this Agreement affects the rights and obligations of the Parties under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, the tax convention prevails to the extent of the inconsistency.

8. In the case of a tax convention between the Parties, if an issue arises as to whether any inconsistency exists between this Agreement and the tax convention, the issue shall be referred by the Parties to the competent authorities. The competent authorities shall have 12 months beginning with the date of that referral to make a determination as to the existence and extent of any inconsistency. If the competent authorities agree, that period may be extended by no more than a further 12 months. No procedures concerning the measure giving rise to the issue may be initiated under this Agreement before the expiry of that 12 month period or any extension of that period of no more than a further 12 months as may have been agreed by the competent authorities. Any panel established under this Agreement to consider a dispute related to a taxation measure shall accept as binding a determination made by the competent authorities under this paragraph.

9. Nothing in this Agreement shall oblige a Party to apply any most-favoured-nation obligation in this Agreement with respect to an advantage accorded by a Party pursuant to a tax convention.

(5) This is without prejudice to the methodology used to determine the value of such investment or property under the respective law of the Parties.
(6) The Parties understand that this subparagraph must be interpreted by reference to the footnote to paragraph (d) of Article XIV of GATS as if the Article was not restricted to services or direct taxes.

Article 31.5. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to information, the disclosure of which would be contrary to its law or would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Article 31.6. Confidentiality of Information

Each Party shall, subject to its laws and regulations, maintain the confidentiality of information provided in confidence by the other Party pursuant to this Agreement.

Article 31.7. The National Health Service and Australia's Health System

The Parties recall the exclusions and exceptions in this Agreement that are applicable to the National Health Service of the United Kingdom (7) and to Australia's health system, including as set out in the relevant provisions of this Chapter, of Chapter 8 (Cross-Border Trade in Services), Chapter 13 (Investment), Chapter 15 (Intellectual Property), Chapter 16 (Government Procurement), and of Annex I (Schedules of Non-Conforming Measures for Services and Investment) and Annex II (Schedules of Non- Conforming Measures for Services and Investment).

(7) For greater certainty, the National Health Service of the United Kingdom includes the National Health Service in England, Scotland, Wales, and Health and Social Care in Northern Ireland.

Chapter 32. FINAL PROVISIONS

Article 32.1. Annexes, Appendices and Footnotes

The Annexes, Appendices, and footnotes to this Agreement shall constitute an integral part of this Agreement.

Article 32.2. Amendments

The Parties may agree, in writing, to amend this Agreement. Such amendments shall enter into force 30 days after the date on which the Parties exchange written notifications confirming that they have completed their respective domestic requirements necessary for the entry into force of the amendments, or on such other date as the Parties may agree.

Article 32.3. Amendment of International Agreements

If any international agreement, or a provision therein, that has been referred to in this Agreement or incorporated into this Agreement is amended, the Parties shall, at the request of either Party, consult each other on whether to amend this Agreement, unless this Agreement otherwise provides.

Article 32.4. Territorial Extension

1. This Agreement, or specified provisions of it, may be extended to any such territories for whose international relations the United Kingdom is responsible as may be agreed between Australia and the United Kingdom. Upon delivery of a written request by the United Kingdom, the Parties shall hold consultations promptly to consider and agree the extension. Any amendment to this Agreement required to accommodate an extension shall be made in accordance with Article 32.2 (Amendments).

2. For greater certainty, an extension in accordance with paragraph 1 may include extension of further provisions of this Agreement to the Bailiwicks of Guernsey and Jersey and the Isle of Man, as well as any extension to any other territories for whose international relations the United Kingdom is responsible, including, but not limited to, Gibraltar.

Article 32.5. Territorial Disapplication

The United Kingdom may at any time give notice in writing to Australia that this Agreement is, or specified provisions of it are, no longer to apply to a territory for whose international relations the United Kingdom is responsible. If the United Kingdom gives notice in writing pursuant to this Article, the Parties shall hold consultations promptly to agree a mutually satisfactory solution. Notwithstanding such consultations, if notice in writing is given that this Agreement as a whole is no longer to apply to a territory for whose international relations the United Kingdom is responsible, the notification shall take effect 12 months after the date on which the United Kingdom has provided written notice to Australia, or on such other date as the Parties may agree. Any amendment to this Agreement required as a result of the Agreement, or specified provisions of it, no longer applying to a territory for whose international relations the United Kingdom is responsible shall be made in accordance with Article 32.2 (Amendments).

Article 32.6. General Review

1. The Parties shall undertake a general review of this Agreement in the seventh year following the date of entry into force of this Agreement, or at such times as may be agreed by the Parties.

2. A review pursuant to paragraph 1 shall be undertaken with a view to updating and enhancing this Agreement, to ensure that the disciplines contained in this Agreement remain relevant to the trade and investment issues and challenges confronting the Parties.

3. A review pursuant to paragraph 1 shall take into account:

(a) developments in innovation;

(b) the work of all committees, working groups, dialogues and any other subsidiary bodies established under this Agreement; and

(c) relevant developments in international fora.

Article 32.7. Entry Into Force

This Agreement shall enter into force 30 days after the date on which the Parties exchange written notifications confirming that they have completed their respective domestic requirements necessary for the entry into force of this Agreement, or on such other date as the Parties may agree.

Article 32.8. Termination

1. A Party may terminate this Agreement by giving the other Party notice in writing. Such termination shall take effect six months after the date of the notification, or on such date as the Parties may agree.

2. Within 30 days of the date of a notification issued under paragraph 1, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect on a date later than that provided in paragraph 1. Such consultations shall commence within 30 days of the date of the request, or on such date as the Parties may agree.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at , in duplicate, this day of

For the United Kingdom of Great Britain and Northern Ireland:

For Australia:

Attachments

ANNEX I. EXPLANATORY NOTES

The Schedule of a Party to this Annex sets out, pursuant to Article 8.7 (Non- Conforming Measures - Cross-Border Trade in Services) and Article 13.13 (Non-Conforming Measures - Investment), a Party's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 8.3 (National Treatment – Cross-Border Trade in Services) or Article 13.5 (National Treatment – Investment);

(b) Article 8.4 (Most-Favoured-Nation Treatment – Cross-Border Trade in Services) or Article 13.6 (Most-Favoured-Nation Treatment – Investment);

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Laws and Regulations and Their Amendments 1
  • Article   1.4 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Treatment of Customs Duties 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Application of Non-Tariff Measures 1
  • Article   2.8 Technical Consultations on Non-Tariff Measures 1
  • Article   2.9 Import and Export Restrictions 2
  • Article   2.10 Import Licensing 2
  • Article   2.11 Administrative Fees and Formalities 2
  • Article   2.12 Export Duties, Taxes or other Charges 2
  • Article   2.13 Export Subsidies 2
  • Article   2.14 Export Licensing 2
  • Article   2.15 Remanufactured Goods 2
  • Article   2.16 Committee on Trade In Goods 2
  • Chapter   3 TRADE REMEDIES 2
  • Section   A General Provisions 2
  • Article   3.1 Definitions 2
  • Section   B Anti-dumping and Countervailing Measures 2
  • Article   3.2 General Provision 2
  • Article   3.3 Investigations 2
  • Article   3.4 Lesser-duty Rule 2
  • Section   C Global Safeguard Measures 2
  • Article   3.5 General Provisions and Transparency 2
  • Section   D Bilateral Safeguard Measures 2
  • Article   3.6 Application of a Bilateral Safeguard Measure 2
  • Article   3.7 Duration and Scope 2
  • Article   3.8 Investigation Procedure 2
  • Article   3.9 Notification and Consultation 2
  • Article   3.10 Provisional Application of a Bilateral Safeguard Measure 2
  • Article   3.11 Compensation 2
  • Article   3.12 Non-cumulation 2
  • Article   3.13 Non-application of Dispute Settlement 2
  • Chapter   4 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Origin Criteria 2
  • Article   4.3 Wholly Obtained or Produced Goods 3
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Materials Used In Production 3
  • Article   4.6 Value of Materials Used In Production 3
  • Article   4.7 Further Adjustments to the Value of Materials 3
  • Article   4.8 Recovered Materials and Remanufactured Goods 3
  • Article   4.9 Accumulation 3
  • Article   4.10 Tolerance 3
  • Article   4.11 Fungible Goods or Materials 3
  • Article   4.12 Accessories, Spare Parts, Tools, and Instructional or other Information Materials 3
  • Article   4 Packaging Materials and Containers for Retail Sale 3
  • Article   4.14 Packing Materials and Containers for Shipment 3
  • Article   4.15 Indirect Materials 3
  • Article   4.16 Sets of Goods 3
  • Article   4.17 Non-Alteration 3
  • Section   B Origin Procedures 3
  • Article   4.18 Claims for Preferential Tariff Treatment 3
  • Article   4.19 Basis of a Declaration of Origin or Importer's Knowledge 3
  • Article   4.20 Discrepancies 3
  • Article   4.21 Waiver of Declaration of Origin 3
  • Article   4.22 Obligations Relating to Importation 3
  • Article   4.23 Record Keeping Requirements 3
  • Article   4.24 Verification of Origin 4
  • Article   4.25 Determinations on Claims for Preferential Tariff Treatment 4
  • Article   4.26 Refunds and Claims for Preferential Tariff Treatment after Importation 4
  • Article   4.27 Penalties 4
  • Article   4.28 Confidentiality 4
  • Section   C Other Matters 4
  • Article   4.29 Working Group on Rules of Origin and Customs and Trade Facilitation 4
  • Chapter   5 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   5.1 Definitions 4
  • Article   5.2 Scope 4
  • Article   5.3 Customs Procedures and Facilitation of Trade 4
  • Article   5.4 Data, Documentation and Automation 4
  • Article   5.5 Transparency and Publication 4
  • Article   5.6 Simplified Customs Procedures 4
  • Article   5.7 Expedited Shipments 4
  • Article   5.8 Release of Goods 4
  • Article   5.9 Risk Management 5
  • Article   5.10 Advance Rulings 5
  • Article   5.11 Customs Valuation 5
  • Article   5.12 Review and Appeal 5
  • Article   5.13 Penalties 5
  • Article   5.14 Customs Cooperation 5
  • Article   5.15 Single Window 5
  • Article   5.16 Transit and Transhipment 5
  • Article   5.17 Post-clearance Audit 5
  • Article   5.18 Customs Brokers 5
  • Article   5.19 Temporary Admission of Goods 5
  • Article   5.20 Perishable Goods 5
  • Article   5.21 Confidentiality 5
  • Article   5.22 Working Group on Rules of Origin and Customs and Trade Facilitation 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Definitions 5
  • Article   6.2 Objectives 5
  • Article   6.3 Scope 5
  • Article   6.4 Affirmation of the SPS Agreement 5
  • Article   6.5 Science and Risk Assessment 5
  • Article   6.6 Adaption to Regional Conditions 5
  • Article   6.7 Equivalence 5
  • Article   6.8 Trade Conditions 5
  • Article   6.9 Audit and Verification 5
  • Article   6.10 Certification 6
  • Article   6.11 Import Checks and Fees 6
  • Article   6.12 Emergency SPS Measures 6
  • Article   6.13 Cooperation 6
  • Article   6.14 Transparency, Notification and Information Exchange 6
  • Article   6.15 Technical Consultations 6
  • Article   6.16 Committee on SPS Measures 6
  • Article   6.17 Competent Authorities and Contact Points 6
  • Article   6.18 Non-Application of Dispute Settlement 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Definitions 6
  • Article   7.2 Objective 6
  • Article   7.3 Scope 6
  • Article   7.4 Affirmation of the TBT Agreement 6
  • Article   7.5 Technical Regulations 6
  • Article   7.6 International Standards, Guides, and Recommendations 6
  • Article   7.7 Conformity Assessment Procedures 6
  • Article   7.8 Marking and Labelling 6
  • Article   7.9 Transparency 6
  • Article   7.10 Cooperation and Trade Facilitation 6
  • Article   7.11 Information Exchange 6
  • Article   7.12 Committee on Technical Barriers to Trade 6
  • Article   7.13 Contact Points 6
  • Article   7.14 Dispute Settlement 6
  • Article   7.15 Annex 6
  • Chapter   8 CROSS-BORDER TRADE IN SERVICES 6
  • Article   8.1 Definitions 6
  • Article   8.2 Scope 7
  • Article   8.3 National Treatment  (5) 7
  • Article   8.4 Most-Favoured-Nation Treatment 7
  • Article   8.5 Market Access 7
  • Article   8.6 Local Presence 7
  • Article   8.7 Non-Conforming Measures 7
  • Article   8.8 Domestic Regulation 7
  • Article   8.9 Recognition 7
  • Article   8.10 Denial of Benefits 7
  • Article   8.11 Transparency 7
  • Article   8.12 Payments and Transfers 8
  • Article   8.13 Committee on Services and Investment 8
  • Chapter   9 FINANCIAL SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope 8
  • Article   9.3 Prudential Exception 8
  • Article   9.4 Specific Exceptions 8
  • Article   9.5 National Treatment  (4) 8
  • Article   9.6 Market Access 8
  • Article   9.7 Local Presence 8
  • Article   9.8 Most-Favoured-Nation Treatment 8
  • Article   9.9 Senior Management and Boards of Directors 8
  • Article   9.10 Non-Conforming Measures 9
  • Article   9.11 Transparency 9
  • Article   9.12 Financial Data and Information  (17) 9
  • Article   9.13 Payment and Clearing 9
  • Article   9.14 Performance of Back-Office Functions 9
  • Article   9.15 Self-Regulatory Organisations 9
  • Article   9.16 Electronic Payments 9
  • Article   9.17 Financial Services New to the Territory of a Party 9
  • Article   9.18 Financial Services New to the Territories of Both Parties 9
  • Article   9.19 Sustainable Finance 9
  • Article   9.20 Recognition of Prudential Measures 9
  • Article   9.21 Institutional Provisions 9
  • Article   9.22 Consultations 9
  • Article   9.23 Dispute Settlement 9
  • Article   9.24 Financial Services Regulatory Cooperation 9
  • ANNEX 9A  Cross-Border Trade in Financial Services 9
  • ANNEX 9B  Authorities Responsible for Financial Services 10
  • ANNEX 9C  Financial Services Regulatory Cooperation 10
  • Article   9C.1 Objectives of Regulatory Cooperation 10
  • Article   9C.2 Scope of Regulatory Cooperation 10
  • Article   9C.3 Principles of Regulatory Cooperation 10
  • Article   9C.4 Joint Financial Regulatory Forum 10
  • Article   9C.5 Framework for Regulatory Cooperation 10
  • Article   9C.6 Mediation 10
  • Article   9C.7 Termination of Deference 10
  • Article   9C.8 Emerging Issues 10
  • Article   9C.9 Non-Application of Dispute Settlement 11
  • Chapter   10 PROFESSIONAL SERVICES AND RECOGNITION OF PROFESSIONAL QUALIFICATIONS 11
  • Article   10.1 Definitions 11
  • Article   10.2 Scope 11
  • Article   10.3 Objectives 11
  • Article   10.4 General Principles for Professional Services 11
  • Article   10.5 Recognition of Professional Qualifications 11
  • Article   10.6 Professional Services Working Group 11
  • Article   10.7 Legal Services 11
  • Article   10.8 Legal Services Regulatory Dialogue 11
  • Chapter   11 TEMPORARY ENTRY FOR BUSINESS PERSONS 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope 11
  • Article   11.3 Application Procedures 11
  • Article   11.4 Grant of Temporary Entry 11
  • Article   11.5 Provision of Information 11
  • Article   11.6 Relation to other Chapters 11
  • Article   11.7 Dispute Settlement 11
  • Article   11.8 Cooperation on Return and Readmissions 11
  • Chapter   12 TELECOMMUNICATIONS 12
  • Article   12.1 Definitions 12
  • Article   12.2 Scope 12
  • Article   12.3 Approaches to Regulation 12
  • Article   12.4 Access and Use 12
  • Article   12.5 Access to Essential Facilities and Unbundled Network Elements 12
  • Article   12.6 Resale 12
  • Article   12.7 Competitive Safeguards 12
  • Article   12.8 Treatment by Major Suppliers 12
  • Article   12.9 Interconnection with Suppliers 12
  • Article   12.10 Interconnection with Major Suppliers 12
  • Article   12.11 Number Portability 12
  • Article   12.12 Access to Numbers 12
  • Article   12.13 International Mobile Roaming 12
  • Article   12.14 Submarine Cable Landing Stations and Systems 12
  • Article   12.15 Independent Regulatory Authorities 12
  • Article   12.16 Universal Service 12
  • Article   12.17 Licensing and Authorisation Process 12
  • Article   12.18 Scarce Resources 12
  • Article   12.19 Flexibility In the Choice of Technology 12
  • Article   12.20 Resolution of Telecommunications Disputes 13
  • Article   12.21 Transparency 13
  • Article   12.22 Enforcement 13
  • Article   12.23 Relation to International Organisations 13
  • Article   12.24 Cooperation 13
  • Article   12.25 Confidentiality 13
  • Chapter   13 INVESTMENT 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 13
  • Article   13.3 Relation to other Chapters 13
  • Article   13.4 Market Access 13
  • Article   13.5 National Treatment  (9) 13
  • Article   13.6 Most-Favoured-Nation Treatment 13
  • Article   13.7 Minimum Standard of Treatment  (11) 13
  • Article   13.8 Treatment In Case of Armed Conflict or Civil Strife 13
  • Article   13.9 Expropriation and Compensation  (12) 13
  • Article   13.10 Transfers 13
  • Article   13.11 Performance Requirements 14
  • Article   13.12 Senior Management and Boards of Directors 14
  • Article   13.13 Non-Conforming Measures 14
  • Article   13.14 Subrogation 14
  • Article   13.15 Special Formalities and Information Requirements 14
  • Article   13.16 Denial of Benefits  (23) 14
  • Article   13.17 Investment and Environmental, Health, and other Regulatory Objectives 14
  • Article   13.18 Investment and the Environment 14
  • Article   13.19 Corporate Social Responsibility 14
  • ANNEX 13A  CUSTOMARY INTERNATIONAL LAW 14
  • ANNEX 13B  EXPROPRIATION 14
  • ANNEX 13C  FOREIGN INVESTMENT FRAMEWORK 14
  • Chapter   14 DIGITAL TRADE 14
  • Article   14.1 Definitions 14
  • Article   14.2 Scope and General Provisions 14
  • Article   14.3 Customs Duties 15
  • Article   14.4 Domestic Electronic Transactions Framework 15
  • Article   14.5 Conclusion of Contracts by Electronic Means 15
  • Article   14.6 Electronic Authentication and Electronic Trust Services 15
  • Article   14.7 Digital Identities 15
  • Article   14.8 Paperless Trading 15
  • Article   14.9 Electronic Invoicing 15
  • Article   14.10 Cross-Border Transfer of Information by Electronic Means 15
  • Article   14.11 Location of Computing Facilities 15
  • Article   14.12 Personal Information Protection 15
  • Article   14.13 Open Government Data 15
  • Article   14.14 Data Innovation 15
  • Article   14.15 Open Internet Access 15
  • Article   14.16 Online Consumer Protection 15
  • Article   14.17 Unsolicited Commercial Electronic Messages 15
  • Article   14.18 Source Code 15
  • Article   14.19 Commercial Information and Communication Technology Products That Use Cryptography 15
  • Article   14.20 Cybersecurity 15
  • Article   14.21 Cooperation 15
  • Chapter   15 INTELLECTUAL PROPERTY 16
  • Section   A General Provisions 16
  • Article   15.1 Definitions 16
  • Article   15.2 Objectives 16
  • Article   15.3 Principles 16
  • Article   15.4 Understandings In Respect of this Chapter 16
  • Article   15.5 Nature and Scope of Obligations 16
  • Article   15.6 Understandings Regarding Certain Public Health Measures 16
  • Article   15.7 International Agreements 16
  • Article   15.8 National Treatment 16
  • Article   15.9 Transparency 16
  • Article   15.10 Application of Chapter to Existing Subject Matter and Prior Acts 16
  • Article   15.11 Exhaustion of Intellectual Property Rights 16
  • Article   15.12 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions 16
  • Section   B Cooperation 16
  • Article   15.13 Contact Points for Cooperation 16
  • Article   15.14 Cooperation 16
  • Article   15.15 Committee on Intellectual Property Rights 16
  • Article   15.16 Patent Cooperation and Work Sharing 16
  • Article   15.17 Public Domain 16
  • Article   15.18 Cooperation In the Area of Traditional Knowledge Associated with Genetic Resources 16
  • Article   15.19 Cooperation on Request 17
  • Section   C Trade Marks 17
  • Article   15.20 Types of Signs Registrable as Trade Marks 17
  • Article   15.21 Collective and Certification Marks 17
  • Article   15.22 Rights Conferred 17
  • Article   15.23 Exceptions 17
  • Article   15.24 Well-Known Trade Marks 17
  • Article   15.25 Procedural Aspects of Examination, Opposition and Cancellation 17
  • Article   15.26 Bad Faith Applications 17
  • Article   15.27 Electronic Trade Marks Systems 17
  • Article   15.28 Term of Protection for Trade Marks 17
  • Article   15.29 Efforts Toward the Harmonisation of Trade Mark Systems 17
  • Article   15.30 Domain Names 17
  • Section   D Geographical Indications 17
  • Article   15.31 Procedures for the Recognition and Protection of Geographical Indications 17
  • Article   15.32 System and Standard of Protection for Geographical Indications 17
  • Article   15.33 Protection of Geographical Indications 17
  • Article   15.34 Consultations on Geographical Indications 17
  • Article   15.35 Amendments Relating to Geographical Indications 17
  • Section   E Patents and Data 17
  • Article   15.36 Rights Conferred 17
  • Article   15.37 Patentable Subject Matter 17
  • Article   15.38 Exceptions 17
  • Article   15.39 Experimental Use 17
  • Article   15.40 Regulatory Review Exception 17
  • Article   15.41 Other Use without Authorisation of the Right Holder 17
  • Article   15.42 Patent Filing 17
  • Article   15.43 Amendments, Corrections and Observations 17
  • Article   15.44 Publication of Patent Applications 17
  • Article   15.45 Information Relating to Published Patent Applications and Granted Patents 17
  • Article   15.46 Conditions on Patent Applicants 17
  • Article   15.47 Extension of the Duration of Rights Conferred by a Patent 17
  • Section   F Undisclosed Test or other Data 17
  • Article   15.48 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 17
  • Article   15.49 Protection of Undisclosed Test or other Data for Pharmaceutical Products 17
  • Section   G Registered Industrial Designs 17
  • Article   15.50 Protection of Registered Industrial Designs 17
  • Article   15.51 Duration of Protection 17
  • Article   15.52 Multiple Design Applications 17
  • Article   15.53 Improving Industrial Design Systems 17
  • Article   15.54 International Classification System for Industrial Designs 17
  • Article   15.55 International Registration of Industrial Designs 17
  • Section   H Copyright and Related Rights 18
  • Article   15.56 Authors 18
  • Article   15.57 Performers 18
  • Article   15.58 Producers of Phonograms 18
  • Article   15.59 Broadcasting Organisations 18
  • Article   15.60 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes 18
  • Article   15.61 Artist's Resale Right 18
  • Article   15.62 Limitations and Exceptions 18
  • Article   15.63 Balance In Copyright and Related Rights Systems 18
  • Article   15.64 Term of Protection 18
  • Article   15.65 Collective Management Organisations 18
  • Article   15.66 Technological Protection Measures 18
  • Article   15.67 Rights Management Information 18
  • Article   15.68 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 18
  • Section   I Trade Secrets 18
  • Article   15.69 Trade Secrets 18
  • Section   J Enforcement 18
  • Subsection   J.1 General Obligations 18
  • Article   15.70 General Obligations 18
  • Subsection   J.2 Enforcement - Civil Remedies 18
  • Article   15.71 Availability of Civil Enforcement 18
  • Article   15.72 Measures for Preserving Evidence 18
  • Article   15.73 Provisional and Precautionary Measures 18
  • Article   15.74 Right to Information 18
  • Article   15.75 Injunctions 18
  • Article   15.76 Corrective Measures 18
  • Article   15.77 Damages 18
  • Article   15.78 Costs 18
  • Article   15.79 Safeguards 19
  • Article   15.80 Administrative Procedures 19
  • Subsection   J.3 Enforcement - Border Measures 19
  • Article   15.81 Border Measures 19
  • Subsection   J.4 Enforcement - Criminal Remedies 19
  • Article   15.82 Criminal Offences 19
  • Article   15.83 Penalties 19
  • Article   15.84 Seizure, Forfeiture and Destruction 19
  • Article   15.85 Ex Officio Enforcement 19
  • Article   15.86 Liability of Legal Persons 19
  • Subsection   J.5 Enforcement In the Digital Environment 19
  • Article   15.87 General Obligations on Enforcement In the Digital Environment 19
  • Article   15.88 Limitations on Liability of Internet Service Providers 19
  • Article   15.89 Blocking Orders 19
  • Article   15.90 Procedures for Domain Registrars 19
  • Article   15.91 Disclosure of Information 19
  • Subsection   J.6 Enforcement Practices with Respect to Intellectual Property Rights 19
  • Article   15.92 Transparency of Judicial Decisions and Administrative Rulings 19
  • Article   15.93 Voluntary Stakeholder Initiatives 19
  • Article   15.94 Public Awareness 19
  • Article   15.95 Specialised Enforcement Expertise, Information and Domestic Coordination 19
  • Article   15.96 Environmental Considerations In Destruction and Disposal of Infringing Goods 19
  • Chapter   16 GOVERNMENT PROCUREMENT 19
  • Article   16.1 Definitions 19
  • Article   16.2 Scope 19
  • Article   16.3 General Exceptions. 20
  • Article   16.4 General Principles 20
  • Article   16.5 Information on the Procurement System 20
  • Article   16.6 Notices 20
  • Article   16.7 Conditions for Participation 20
  • Article   16.8 Qualification of Suppliers 20
  • Article   16.9 Technical Specifications and Tender DocumentationTechnical Specifications 20
  • Article   16.10 Time-Periods 21
  • Article   16.11 Negotiations 21
  • Article   16.12 Limited Tendering 21
  • Article   16.13 Electronic Auctions 21
  • Article   16.14 Treatment of Tenders and Awarding of ContractsTreatment of Tenders 21
  • Article   16.15 Transparency of Procurement 21
  • Article   16.16 Disclosure of Information 21
  • Article   16.17 Environmental, Social and Labour Considerations 21
  • Article   16.18 Ensuring Integrity In Procurement Practices 21
  • Article   16.19 Domestic Review Procedures 21
  • Article   16.20 Modifications and Rectifications to Annex 21
  • Article   16.21 Facilitation of Participation by SMEs 22
  • Article   16.22 Cooperation 22
  • Chapter   17 COMPETITION POLICY AND CONSUMER PROTECTION 22
  • Article   17.1 Competition Law and Authorities 22
  • Article   17.2 Procedural Fairness In Competition Law Enforcement 22
  • Article   17.3 Private Rights of Action 22
  • Article   17.4 Transparency 22
  • Article   17.5 Consumer Protection 22
  • Article   17.6 Cooperation on Competition Policy and Consumer Protection 22
  • Article   17.7 Consultation 22
  • Article   17.8 Non-Application of Dispute Settlement 22
  • Chapter   18 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 22
  • Article   18.1 Definitions 22
  • Article   18.2 Scope  (8) 22
  • Article   18.3 Delegated Authority 23
  • Article   18.4 Non-discriminatory Treatment and Commercial Considerations 23
  • Article   18.5 Courts and Administrative Bodies 23
  • Article   18.6 Non-commercial Assistance 23
  • Article   18.7 Adverse Effects 23
  • Article   18.8 Injury 23
  • Article   18.9 Application to Sub Central State-Owned Enterprises and Designated Monopolies 23
  • Article   18.10 Transparency 23
  • Article   18.11 Cooperation 23
  • Article   18.12 Contact Points 23
  • Article   18.13 Exceptions 23
  • Article   18.14 Further Negotiations 24
  • Article   18.15 Process for Developing Information 24
  • Chapter   19 SMALL AND MEDIUM-SIZED ENTERPRISES 24
  • Article   19.1 General Provisions 24
  • Article   19.2 Information Sharing 24
  • Article   19.3 Contact Points on SMEs 24
  • Article   19.4 Cooperation to Increase Trade and Investment Opportunities for SMEs 24
  • Article   19.5 Other Provisions That Benefit SMEs 24
  • Article   19.6 Non-Application of Dispute Settlement 24
  • Chapter   20 INNOVATION 24
  • Article   20.1 Definitions 24
  • Article   20.2 Objective 24
  • Article   20.3 General Provisions 24
  • Article   20.4 Artificial Intelligence and Emerging Technologies 24
  • Article   20.5 Strategic Innovation Dialogue 24
  • Article   20.6 Review of this Agreement 24
  • Article   20.7 Non-Application of Dispute Settlement 24
  • Chapter   21 LABOUR 24
  • Article   21.1 Definitions 24
  • Article   21.2 Right to Regulate and Levels of Protection 25
  • Article   21.3 Statement of Shared Commitment 25
  • Article   21.4 Labour Rights 25
  • Article   21.5 Non Derogation 25
  • Article   21.6 Enforcement of Labour Laws 25
  • Article   21.7 Modern Slavery 25
  • Article   21.8 Non-Discrimination and Gender Equality In the Workplace 25
  • Article   21.9 Corporate Social Responsibility 25
  • Article   21.10 Public Awareness and Procedural Guarantees 25
  • Article   21.11 Public Submissions 25
  • Article   21.12 Cooperation 25
  • Article   21.13 Committee on Cooperation 25
  • Article   21.14 Contact Points 25
  • Article   21.15 Public Engagement 25
  • Article   21.16 Labour Consultations and Dispute Settlement 25
  • Chapter   22 ENVIRONMENT 25
  • Article   22.1 Definitions 25
  • Article   22.2 Objectives 25
  • Article   22.3 General Commitments 25
  • Article   22.4 Multilateral Environmental Agreements 26
  • Article   22.5 Climate Change 26
  • Article   22.6 Environmental Goods and Services 26
  • Article   22.7 Circular Economy 26
  • Article   22.8 Ozone Depleting Substances and Hydrofluorocarbons 26
  • Article   22.9 Air Quality 26
  • Article   22.10 Protection of the Marine Environment from Ship Pollution 26
  • Article   22.11 Marine Litter 26
  • Article   22.12 Marine Wild Capture Fisheries  (9) 26
  • Article   22.13 Sustainable Forest Management and Trade 26
  • Article   22.14 Trade and Biodiversity 26
  • Article   22.15 Invasive Alien Species 26
  • Article   22.16 Conservation and Illegal Wildlife Trade 27
  • Article   22.17 Corporate Social Responsibility 27
  • Article   22.18 Opportunities for Public Participation 27
  • Article   22.19 Public Submissions 27
  • Article   22.20 Cooperation Frameworks 27
  • Article   22.21 Environment Working Group 27
  • Article   22.22 Environment Contact Points 27
  • Article   22.23 Environment Consultations 27
  • Article   22.24 Joint Committee Consultations 27
  • Article   22.25 Ministerial Consultations 27
  • Article   22.26 Dispute Resolution 27
  • ANNEX 22A  27
  • ANNEX 22.B  27
  • Chapter   23 DEVELOPMENT 27
  • Article   23.1 General Provisions 27
  • Article   23.2 Joint Development Activities 27
  • Article   23.3 Committee on Cooperation 27
  • Article   23.4 Non-Application of Dispute Settlement 27
  • Chapter   24 TRADE AND GENDER EQUALITY 27
  • Article   24.1 Objectives 27
  • Article   24.2 Trade and Gender Equality Cooperation Activities 27
  • Article   24.3 Dialogue on Trade and Gender Equality 27
  • Article   24.4 Non-application of Dispute Settlement 27
  • Chapter   25 ANIMAL WELFARE AND ANTIMICROBIAL RESISTANCE 27
  • Article   25.1 Animal Welfare 27
  • Article   25.2 Antimicrobial Resistance 27
  • Article   25.3 Non-application of Dispute Settlement 27
  • Chapter   26 GOOD REGULATORY PRACTICES 28
  • Article   26.1 Definitions 28
  • Article   26.2 General Provisions 28
  • Article   26.3 Internal Coordination and Review Processes or Mechanisms 28
  • Article   26.4 Descriptions of Regulatory Processes and Mechanisms 28
  • Article   26.5 Impact Assessment 28
  • Article   26.6 Public Consultation 28
  • Article   26.7 Use of Plain Language 28
  • Article   26.8 Regulatory Register 28
  • Article   26.9 Retrospective Review 28
  • Article   26.10 Regulatory Cooperation 28
  • Article   26.11 Contact Points 28
  • Article   26.12 Relation to other Chapters 28
  • Article   26.13 Non-Application of Dispute Settlement 28
  • Chapter   27 COOPERATION 28
  • Article   27.1 General Provisions 28
  • Article   27.2 Areas of Cooperation 28
  • Article   27.3 Contact Points 28
  • Article   27.4 Committee on Cooperation 28
  • Article   27.5 Resources 28
  • Article   27.6 Non-Application of Dispute Settlement 28
  • Chapter   28 TRANSPARENCY AND ANTI-CORRUPTION 28
  • Article   28.1 Definitions 28
  • Section   A Transparency 28
  • Article   28.2 Publication 28
  • Article   28.3 Administrative Proceedings 29
  • Article   28.4 Review and Appeal  (1) 29
  • Article   28.5 Provision of Information 29
  • Article   28.6 Accessible and Open Government 29
  • Section   B Anti-Corruption 29
  • Article   28.7 Scope 29
  • Article   28.8 General Provisions 29
  • Article   28.9 Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.10 Persons That Report Bribery or Corruption Offences 29
  • Article   28.11 Promoting Integrity Among Public Officials 29
  • Article   28.12 Participation of Private Sector and Civil Society 29
  • Article   28.13 Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.14 Relation to other Agreements 29
  • Article   28.15 Cooperation, Consultation, and Dispute Settlement 29
  • Chapter   29 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 29
  • Article   29.1 Establishment of the Joint Committee 29
  • Article   29.2 Functions of the Joint Committee 29
  • Article   29.3 Decision-Making 29
  • Article   29.4 Rules of Procedure of the Joint Committee 29
  • Article   29.5 Contact Points 29
  • Chapter   30 DISPUTE SETTLEMENT 29
  • Article   30.1 Definitions 29
  • Article   30.2 Objective 29
  • Article   30.3 Cooperation 29
  • Article   30.4 Scope 29
  • Article   30.5 Choice of Forum 30
  • Article   30.6 Good Offices, Conciliation, and Mediation 30
  • Article   30.7 Consultations 30
  • Article   30.8 Request for Establishment of a Panel 30
  • Article   30.9 Establishment and Reconvening of Panels 30
  • Article   30.10 Qualifications of Panellists 30
  • Article   30.11 Functions of a Panel  (3) 30
  • Article   30.12 Reports of a Panel 30
  • Article   30.13 Rules of Procedure and Code of Conduct 30
  • Article   30.14 Compliance with the Final Report 30
  • Article   30.15 Compliance Review 30
  • Article   30.16 Temporary Remedies for Non-Compliance 30
  • Article   30.17 Compliance Review after the Adoption of Temporary Remedies 31
  • Article   30.18 Suspension or Termination of Proceedings 31
  • Article   30.19 Time Periods and Cases of Urgency 31
  • Article   30.20 Mutually Agreed Solution 31
  • Article   30.21 Administration of the Dispute Settlement Procedure 31
  • Article   30.22 Contact Point 31
  • Chapter   31 GENERAL PROVISIONS AND EXCEPTIONS 31
  • Article   31.1 General Exceptions 31
  • Article   31.2 Security Exceptions 31
  • Article   31.3 Temporary Safeguard Measures 31
  • Article   31.4 Taxation Measures 31
  • Article   31.5 Disclosure of Information 31
  • Article   31.6 Confidentiality of Information 31
  • Article   31.7 The National Health Service and Australia's Health System 31
  • Chapter   32 FINAL PROVISIONS 31
  • Article   32.1 Annexes, Appendices and Footnotes 31
  • Article   32.2 Amendments 31
  • Article   32.3 Amendment of International Agreements 31
  • Article   32.4 Territorial Extension 31
  • Article   32.5 Territorial Disapplication 31
  • Article   32.6 General Review 31
  • Article   32.7 Entry Into Force 31
  • Article   32.8 Termination 31
  • ANNEX I  EXPLANATORY NOTES 31
  • ANNEX I  SCHEDULE OF AUSTRALIA 32
  • ANNEX I  SCHEDULE OF THE UNITED KINGDOM 35
  • ANNEX II  EXPLANATORY NOTES 36
  • ANNEX II  SCHEDULE OF AUSTRALIA 36
  • ANNEX II  SCHEDULE OF THE UNITED KINGDOM 38