Canada - Ukraine Modernized Free Trade Agreement (2023)
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Each Party has the right to define the kind of universal service obligations it wishes to maintain. Such obligations shall not be regarded as anti-competitive per se, provided that they are administered in a transparent, non-discriminatory, and competitively neutral manner, and are not more burdensome than necessary for the kind of universal service defined by the Party.

Article 22.16. Licensing

1. If a Party requires a supplier of public telecommunications services to have a licence, the Party shall ensure the public availability of:

(a) all the licensing criteria and procedures that it applies;

(b) the period that it normally requires to reach a decision concerning an application for a licence; and

(c) the terms and conditions of all licences in effect.

2. The Party shall notify an applicant of the outcome of its application without undue delay after a decision has been taken.

3. Each Party shall ensure that, upon request, an applicant or a licensee is provided with the reasons for the:

(a) denial of a licence;

(b) imposition of supplier-specific conditions on a licence;

(c) refusal to renew a licence; or

(d) revocation of a licence.

Article 22.17. Allocation and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation and use of scarce resources related to telecommunications, including frequencies, numbers, and rights of way, in an objective, timely, transparent, and non-discriminatory manner.

2. Each Party shall make publicly available the current state of frequency bands allocated and assigned to specific suppliers, but shall not be required to provide detailed identification of frequencies allocated for specific government uses.

3. For greater certainty, a measure of a Party that allocates or assigns spectrum or manages frequency is not in itself inconsistent with Article 18.5 (Market Access), either as it applies to cross-border trade in services or through the operation of Article 18.2 (Scope) to an investor or covered investment of the other Party. Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications networks or services, provided that the Party does so in a manner that is consistent with this Agreement. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.

4. When making a spectrum allocation for commercial telecommunications services, each Party shall endeavour to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each Party shall endeavour to rely generally on market-based approaches in assigning spectrum for terrestrial commercial telecommunications services, if appropriate. To this end, each Party may use mechanisms such as auctions, administrative incentive pricing, or unlicensed use, if appropriate, to assign spectrum for commercial use.

Article 22.18. Transparency

1. Further to Article 15.2(2) (Publication), each Party shall endeavour to ensure that when its telecommunications regulatory body seeks input on a proposal for a law or regulation, that body provides relevant suppliers of public telecommunications networks or services of the other Party operating in its territory an opportunity to comment. That body shall:

(a) make the proposal public or otherwise available to any interested persons;

(b) include an explanation of the purpose of and reasons for the proposal;

(c) provide interested persons with adequate public notice of the ability to comment and reasonable opportunity for such comment;

(d) to the extent practicable, make publicly available all relevant comments filed with it; and

(e) respond to all significant and relevant issues raised in comments filed, in the course of issuance of the final regulation.

2. Each Party shall ensure that relevant information on conditions affecting access to and use of public telecommunications networks or services is publicly available, including:

(a) tariffs and other terms and conditions of service;

(b) specifications of technical interfaces with such networks and services;

(c) information on bodies responsible for the preparation and adoption of standards affecting such access and use;

(d) conditions for attaching terminals or other equipment; and

(e) requirements for notification or licensing, if any.

Article 22.19. Enforcement

Each Party shall provide its competent authority with the authority to enforce the Party's measures relating to the obligations set out in Article 22.4 (Access to and Use of Public Telecommunications Networks or Services), Article 22.5 (Number Portability), Article 22.6 (Competitive Safeguards), Article 22.7 (Treatment by Major Suppliers), Article 22.8 (Resale), Article 22.9 (Interconnection: Obligations Relating to Suppliers of Public Telecommunications Services), Article 22.10 (Interconnection: Obligations Relating to Major Suppliers), Article 22.11 (Access to Essential Facilities), Article 22.12 (Co‑Location), and Article 22.13 (International Submarine Cable Systems). That authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension or revocation of licences.

Article 22.20. Resolution of Telecommunications Disputes

1. Each Party shall ensure that an enterprise of the other Party may have timely recourse to a telecommunications regulatory body or other relevant body of the Party to resolve disputes arising under this Chapter.

2. Each Party shall ensure that suppliers of public telecommunications services of the other Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly specified period of time after the supplier requests interconnection, by its telecommunications regulatory body to resolve disputes regarding the terms, conditions and rates for interconnection with that major supplier.

3. Each Party shall ensure that any supplier of public telecommunications networks or services aggrieved by a final determination or decision of its relevant telecommunications regulatory body may obtain a review of such determination or decision in accordance with its laws and regulations.

4. A Party shall not permit the making of an application for review to constitute grounds for non-compliance with the determination or decision of its telecommunications regulatory body, unless its relevant body determines otherwise.

Article 22.21. Relation to International Organisations

The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks and services, and undertake to promote such standards through the work of relevant international bodies.

Article 22.22. Relation to other Chapters

In the event of any inconsistency between this Chapter and another Chapter of this Agreement, this Chapter shall prevail to the extent of the inconsistency.

Chapter 23. Trade and Gender

Article 23.1. General Understandings

1. The Parties acknowledge the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that coherent gender responsive domestic and international trade policies can play in achieving sustainable socioeconomic development. Inclusive economic growth aims to distribute benefits across the entire population by providing equitable opportunities for the participation of diverse groups of women and men in business, industry, and the labour market.

2. The Parties affirm the importance of promoting gender equality policies and practices, building and strengthening the capacity of the Parties in this area, including in non-government sectors, to promote equal rights, equal treatment and opportunities for women and men, and the elimination of all forms of discrimination against women.

3. The Parties acknowledge that international trade and investment are engines of economic prosperity and sustainable development, and that improving women's access to opportunities, eliminating all forms of discrimination against women, and removing gender-related and other barriers to international trade and investment, enhance women's participation in national and international economies and contribute to sustainable economic development.

4. Each Party affirms its commitment to promoting gender equality through, as appropriate, laws, regulations, policies, and practices.

5. The Parties affirm that all women and other genders have the right to the full range of economic rights, without the consent of another person in any relationship capacity.

6. Each Party shall domestically promote public knowledge of its gender equality laws, regulations, policies, and practices.

7. The Parties acknowledge the important work being done on trade and gender in multilateral forums, such as the WTO. The Parties shall endeavour to work together in these forums, if possible, to advance knowledge and understanding of the trade and gender nexus and ensure that women can participate in and benefit from trade. If possible, the Parties may consider voluntary reporting on women in trade at the WTO Trade Policy Review Mechanism.

Article 23.2. International Instruments

1. Each Party affirms its commitment to implement its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979, and to give due consideration to the general comments made by its Committee.

2. The Parties recognize Goal 5 of the Sustainable Development Goals in the United Nations 2030 Agenda for Sustainable Development, which is to achieve gender equality and empower all women and girls.

3. Each Party affirms its commitment to implement its obligations under the Convention on the Rights of Persons with Disabilities, done at New York on 13 December 2006, and to give due consideration to the general recommendations made by its Committee.

4. The Parties recognize the importance to promote the objectives of the Beijing Declaration and Platform for Action (1995), in particular its strategic objective to promote women's economic rights and independence.

5. Each Party affirms its commitment to implement the Buenos Aires Joint Declaration on Trade and Women's Economic Empowerment (2017) of the Eleventh WTO Ministerial Conference (MC11).

6. Each Party affirms its commitment to implement the obligations addressing gender equality or women's rights under any other international agreement to which it is a party.

7. For the purpose of this Agreement, the Parties shall use the definitions to the extent possible of women-owned business, women-led business, and women-led cooperative, established on 8 March 2021 by the International Organisation for Standardisation (ISO) and the International Trade Centre (ITC).

Article 23.3. Non-Derogation

1. A Party shall not fail to implement its laws that ensure equal rights and equal opportunities for women and men through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties.

2. A Party shall not weaken or reduce the protection afforded to women and men in its gender equality laws, regulations, and policies in order to encourage trade or investment between the Parties or between them and any other economy.

Article 23.4. Cooperation Activities

1. The Parties acknowledge the benefit of sharing their respective experiences and practices in designing, implementing, monitoring, evaluating, and strengthening policies and programs to encourage women's participation in national and international economies.

2. The Parties shall carry out cooperation activities designed to improve the capacity, competitiveness, аnd conditions for women, including workers, business women, business owners, and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement. The Parties shall carry out these activities with the inclusive participation of women in all their diversity.

3. The Parties shall be proactive and results-oriented in carrying out cooperation activities under this Chapter, and shall be guided by the principles of:

(a) equity, diversity, inclusivity, intersectionality, and gender balance;

(b) evidence-based decision-making;

(c) stakeholder engagement;

(d) accountability and transparency; and

(e) openness, flexibility, and reasonableness.

4. The Parties shall carry out cooperation activities on issues and topics determined by the Parties through the interaction of their respective government institutions, businesses, labour unions, education and research organizations, other non-governmental organizations, and their representatives, as appropriate.

5. Areas of cooperation may include:

(a) developing programs that encourage capacity-building and skills enhancement of women at work, in business, and at leadership levels in all sectors, to promote women's full participation and advancement in the economy and international trade, including on corporate boards;

(b) improving women's access to, and participation and leadership in, science, technology, and innovation, including education in science, technology, engineering, mathematics, and business;

(c) promoting financial inclusion, education, and training for women, as well as promoting access to financial assistance including trade and microfinancing;

(d) promoting business development services for women, and programs to improve women's digital skills and access to online business tools;

(e) developing better practices to promote gender equality within institutions and businesses;

(f) fostering women's representation in decision-making positions in public, private, and not-for-profit sectors;

(g) promoting women-owned businesses, competitiveness, and internationalization, in order to enhance their access to government procurement markets and local, regional, and global supply chains;

(h) developing trade missions for business women and women entrepreneurs;

(i) supporting economic opportunities for under-represented women;

(j) promoting women's participation in standards development and implementation, including through standards bodies and sharing best practices;

(k) sharing methods and procedures for the collection of sex-disaggregated data, the use of indicators, and the analysis of gender-focused statistics related to trade;

(l) sharing information on advancing non-discrimination in the workplace; and

(m) other issues as decided by the Parties.

6. The Parties may carry out activities in the cooperation areas set out in paragraph 5 through:

(a) workshops, seminars, dialogues, and other forums for exchanging knowledge, experiences, and best practices;

(b) internships, visits, and research studies to document and study policies and practices;

(c) collaborative research and development of best practices in subject matters of mutual interest;

(d) specific exchanges of specialized technical knowledge and technical assistance; and

(e) other means as decided by the Parties.

7. The Parties shall decide the priorities for cooperation activities based on their interests and available resources.

Article 23.5. Committee on Trade and Gender

1. The Parties hereby establish a Trade and Gender Committee (the "Committee") composed of representatives from each Party, including gender equality experts.

2. The Committee shall:

(a) determine, organize, and facilitate the cooperation activities under Article 23.4;

(b) report and make recommendations, as appropriate, to the Joint Commission referred to in Article 27.1 on any matter related to this Chapter;

(c) facilitate the exchange of information on each Party's experiences and best practices with respect to the establishment and implementation of policies and programs that address trade and gender-related issues, in order to achieve the greatest possible benefit under this Agreement;

(d) facilitate the exchange of information on the Parties' experiences and lessons learned through the cooperation activities carried out under Article 23.4;

(e) discuss joint proposals to support policies and other initiatives on trade and gender;

(f) invite international donor institutions, private sector entities, non-governmental organizations, or other relevant institutions, as appropriate, to assist with the development and implementation of cooperation activities;

(g) encourage multilateral and regional organizations to finance projects to enable women-owned businesses to participate in trade;

(h) consider matters related to the implementation and operation of this Chapter;

(i) at the request of a Party, consider and discuss matters that may arise related to the interpretation and application of this Chapter; and

(j) carry out other duties as determined by the Parties.

3. The Committee shall meet as decided by the Parties, and annually thereafter or as otherwise decided by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter.

4. In the performance of its duties, the Committee may work with any other body established under this Agreement.

5. The Committee may request that the Joint Commission refer work to be conducted under this Article to any other body established under this Agreement.

6. The Parties may invite experts or relevant organizations to Committee meetings to provide information.

7. The Committee shall periodically review the cooperation activities carried out under Article 23.4, as well as the implementation of this Chapter and gender-related provisions of this Agreement. The Committee shall report and make recommendations to the Joint Commission on this review and other matters as necessary.

Article 23.6. Dispute Settlement

1. The Parties shall make all possible efforts, through dialogue, consultations, and cooperation, to resolve any matter that may arise relating to this Chapter.

2. If the Parties cannot resolve the matter in accordance with paragraph 1, they may consent to submit the matter to dispute settlement under Chapter 28 (Dispute Settlement).

Chapter 24. Trade and Small and Medium-Sized Enterprises

Article 24.1. General Provisions

1. The Parties recognize the participation of SMEs in domestic markets, as well as in international trade and investment, and their contribution in achieving inclusive economic growth, sustainable development, and enhanced productivity, and acknowledge the importance of promoting an environment that facilitates and supports the development, growth, and competitiveness of SMEs.

2. The Parties recognize the fundamental role of SMEs in creating and maintaining dynamism and enhancing competitiveness of the economies of the Parties. Accordingly, each Party shall endeavor to develop and promote cooperation on SMEs, with the purpose of contributing to the expansion, diversification, and deepening of economic and commercial ties between the Parties.

3. The Parties recognize that improving the ability of SMEs to participate in trade and investment will enhance their competitiveness. Accordingly, each Party shall endeavor to the extent possible to identify and as appropriate remove barriers to international trade and investment for SMEs.

4. The Parties recognize the importance of innovation for SMEs' competitiveness. Accordingly, each Party shall endeavor to enhance SMEs' access to information, financing, and networking to facilitate the innovation of SMEs.

5. Each Party shall take into account that SMEs may require support when enhancing the growth, competitiveness, and access of SMEs to international trade and investment.

6. Each Party may encourage SMEs operating within its territory or subject to its jurisdiction to observe internationally recognized standards, guidelines, and principles of responsible business conduct (RBC), as appropriate.

7. The Parties recognize the importance of current initiatives on SMEs developed under relevant forums, and the importance of taking into account their findings and recommendations, as appropriate.

Article 24.2. Information Sharing

1. Each Party shall make available, and update to the extent possible and as appropriate, information regarding this Agreement through a digital medium, including:

(a) the text of this Agreement, including annexes, tariff schedules, and product specific rules of origin;

(b) a summary of this Agreement; and

(c) information designed for SMEs that contains:

(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and

(ii) any additional information that the Party considers useful for SMEs interested in benefiting from the opportunities provided by this Agreement.

2. Each Party shall include links to:

(a) the equivalent webpage of the other Party; and

(b) the websites or webpages of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.

3. The information described in paragraph 2(b) may include:

(a) customs regulations and procedures;

(b) regulations and procedures concerning intellectual property rights;

(c) information to enhance SMEs' cybersecurity;

(d) technical regulations, standards, conformity assessment procedures, and sanitary and phytosanitary measures relating to importation and exportation;

(e) foreign investment regulations;

(f) business registration procedures;

(g) trade promotion programs including start-up promotion programs;

(h) SME financing programs;

(i) employment regulations; and

(j) taxation information.

4. Each Party shall ensure that the information referred to in this Article is accessible within the timeframe decided by the Parties.

5. Each Party, as appropriate, shall ensure the information referred to in this Article is available in its own official language(s).

Article 24.3. Cooperation Activities on SMEs

1. The Parties recognize the importance of cooperation activities between the Parties to support the objectives of this Chapter.

2. The Parties shall endeavour to involve the private sector and SME-related support agencies in the development and implementation of these activities, as appropriate.

3. The Parties shall collaborate to identify and as appropriate remove barriers to international trade for SMEs, support productive sectors in which SMEs operate, and promote the growth and creation of higher paying, more productive jobs by SMEs.

4. Cooperation activities may include:

  • Chapter   1 General Provisions and Definitions 1
  • Section   A General Provisions 1
  • Article   1.1 Establishment of the Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Extent of Obligations 1
  • Article   1.4 Reference to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.5 Definitions of General Application 1
  • Article   1.6 Country-specific Definitions 1
  • Chapter   2 National Treatment and Market Access 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   2.3 National Treatment 1
  • Section   B Tariffs 1
  • Article   2.4 Tariff Elimination on Imports 1
  • Section   C Non-Tariff Measures 1
  • Article   2.5 Import and Export Restrictions 1
  • Article   2.6 Customs User Fees and Similar Charges 1
  • Article   2.7 Balance-of Payments Exception 1
  • Article   2.8 Customs Valuation 1
  • Article   2.9 Customs Duties on Exports 1
  • Article   2.10 Agriculture Export Subsides 1
  • Article   2.11 Special Safeguard on Agricultural Goods 1
  • Article   2.12 Distilled Spirits 1
  • Section   D Institutional Provisions 1
  • Article   2.13 Committee on Trade In Goods and Rules of Origin 2
  • Chapter   3 Rules of Origin and Origin Procedures 2
  • Section   A General Provisions 2
  • Article   3.1 Definitions 2
  • Section   B Rules of Origin 2
  • Article   3.2 General Requirements 2
  • Article   3.3 Cumulation of Origin 2
  • Article   3.4 Wholly Obtained Products 2
  • Article   3.5 Sufficient Production 2
  • Article   3.6 Tolerance 2
  • Article   3.7 Unit of Classification 2
  • Article   3.8 Packaging and Packing Materials and Containers 2
  • Article   3.9 Accounting Segregation of Fungible Materials or Products 2
  • Article   3.10 Accessories, Spare Parts and Tools 2
  • Article   3.11 Sets 2
  • Article   3.12 Neutral Elements 2
  • Article   3.13 Transport Through a Non-Party 2
  • Article   3.14 Returned Originating Products 2
  • Section   C Origin Procedures 2
  • Article   3.15 Proof of Origin 2
  • Article   3.16 Obligations Regarding Exportations 2
  • Article   3.17 Validity of the Origin Declaration 2
  • Article   3.18 Obligations Regarding Importations 2
  • Article   3.19 Proof Related to Transport Through a Non-Party 2
  • Article   3.20 Importation by Instalments 3
  • Article   3.21 Exemptions from Origin Declarations 3
  • Article   3.22 Supporting Documents 3
  • Article   3.23 Preservation of Records 3
  • Article   3.24 Discrepancies and Formal Errors 3
  • Article   3.25 Cooperation 3
  • Article   3.26 Origin Verification 3
  • Article   3.27 Review and Appeal 3
  • Article   3.28 Penalties 3
  • Article   3.29 Confidentiality 3
  • Article   3.30 Advance Rulings Relating to Origin 3
  • Article   3.31 The Subcommittee on Origin Procedures 3
  • Chapter   4 Trade Facilitation 3
  • Article   4.1 Objectives, Principles, and General Provisions 3
  • Article   4.2 Transparency 3
  • Article   4.3 Release of Goods 3
  • Article   4.4 Customs Valuation 3
  • Article   4.5 Fees and Charges 3
  • Article   4.6 Risk Management 3
  • Article   4.7 Automation 3
  • Article   4.8 Advance Rulings for Tariff Classification 3
  • Article   4.9 Review and Appeal 3
  • Article   4.10 Penalties 4
  • Article   4.11 Confidentiality 4
  • Article   4.12 Cooperation 4
  • Article   4.13 Future Work Program 4
  • Chapter   5 Trade Remedies 4
  • Section   A Definitions 4
  • Article   5.1 Definitions 4
  • Article   B Global Safeguards and Anti-Dumping and Countervailing Measures 4
  • Article   5.2 Article XIX of the GATT 1994 and the Agreement on Safeguards 4
  • Article   5.3 Relation to other Agreements 4
  • Article   5.4 Transparency 4
  • Chapter   6 Sanitary and Phytosanitary Measures 4
  • Article   6.1 Relation to other Agreements 4
  • Article   6.2 Scope and Coverage 4
  • Article   6.3 Sanitary and Phytosanitary Contact Points 4
  • Article   6.4 Sanitary and Phytosanitary Issue Prevention and Resolution 4
  • Chapter   7 Technical Barriers to Trade 4
  • Article   7.1 Definitions 4
  • Article   7.2 WTO Agreement on Technical Barriers to Trade 4
  • Article   7.3 Scope 4
  • Article   7.4 Joint Cooperation 4
  • Article   7.5 International Standards 4
  • Article   7.6 Conformity Assessment 4
  • Article   7.7 Transparency 4
  • Article   7.8 Contact Points 4
  • Chapter   8 Digital Trade 4
  • Article   8.1 Definitions 4
  • Article   8.2 Scope 4
  • Article   8.3 Access to and Use of the Internet for Digital Trade 5
  • Article   8.4 Electronic Transactions 5
  • Article   8.5 Electronic Authentication and Electronic Signatures 5
  • Article   8.6 Online Consumer Protection 5
  • Article   8.7 Personal Data Protection 5
  • Article   8.8 Unsolicited Commercial Electronic Messages 5
  • Article   8.9 Prohibition of Customs Duties on Digital Products Transmitted Electronically 5
  • Article   8.10 Cross-Border Transfer of Information by Electronic Means 5
  • Article   8.11 Location of Computing Facilities 5
  • Article   8.12 Source Code 5
  • Article   8.13 Open Government Data 5
  • Chapter   9 Competition Policy 5
  • Article   9.1 Objectives 5
  • Article   9.2 Competition Laws and Authorities 5
  • Article   9.3 Procedural Fairness 5
  • Article   9.4 Transparency 5
  • Article   9.5 Confidentiality 5
  • Article   9.6 Cooperation 5
  • Article   9.7 Consultations 5
  • Article   9.8 Non-Application of Dispute Settlement 5
  • Chapter   10 Designated Monopolies and State-Owned Enterprises 5
  • Article   10.1 Definitions 5
  • Article   10.2 Scope 6
  • Article   10.3 Designated Monopolies 6
  • Article   10.4 State-Owned Enterprises 6
  • Article   10.5 Courts and Administrative Bodies 6
  • Article   10.6 Transparency 6
  • Article   10.7 Technical Cooperation 6
  • Article   10.8 Contact Points 6
  • Article   10.9 Exceptions 6
  • Chapter   11 Government Procurement 6
  • Article   11.1 Incorporation and Application of Certain Provisions of the GPA 2012 6
  • Article   11.2 Environmental, Socio-Economic, and Labour-related Considerations 6
  • Article   11.3 Ensuring Integrity In Procurement Practices 6
  • Article   11.4 Facilitation of Participation by Small and Medium Sized Enterprises 6
  • Article   11.5 Cooperation In Government Procurement 6
  • Chapter   12 Intellectual Property 6
  • Article   12.1 Objectives 6
  • Article   12.2 Affirmation of International Agreements 6
  • Article   12.3 Protection of Geographical Indications 6
  • Article   12.4 Enforcement of Intellectual Property Rights 6
  • Article   12.5 Criminal Procedures 6
  • Article   12.6 Camcording 6
  • Article   12.7 Special Measures Against Copyright Infringers on the Internet or other Digital Networks 6
  • Article   12.8 Special Requirements Related to Border Measures 6
  • Article   12.9 Cooperation on Enforcement of Intellectual Property Rights 7
  • Article   12.10 Other Areas of Cooperation 7
  • Article   12.11 Designation of Contact Points 7
  • Article   12.12 Committee on Intellectual Property 7
  • Article   12.13 Transparency 7
  • Article   12.14 Disclosure of Information 7
  • Article   12.15 Consultations 7
  • Article   12.16 Non-Application of Dispute Settlement 7
  • Chapter   13 Environment 7
  • Article   13.1 Definitions 7
  • Article   13.2 Context and Objectives 7
  • Article   13.3 Right to Regulate and Levels of Protection 7
  • Article   13.4 Enforcement of Environmental Laws 7
  • Article   13.5 Public Information and Participation 7
  • Article   13.6 Procedural Matters 7
  • Article   13.7 Scientific and Technical Information 7
  • Article   13.8 Environmental Impact Assessment 7
  • Article   13.9 Multilateral Environmental Agreements 7
  • Article   13.10 Climate Change 7
  • Article   13.11 Protection of the Ozone Layer 7
  • Article   13.12 Protection of the Marine Environment from Ship Pollution 7
  • Article   13.13 Circular Economy 7
  • Article   13.14 Air Quality 7
  • Article   13.15 Chemicals Management 7
  • Article   13.16 Plastic Pollution and Waste 7
  • Article   13.17 Corporate Social Responsibility and Responsible Business Conduct 8
  • Article   13.18 Voluntary Mechanisms to Enhance Environmental Performance 8
  • Article   13.19 Trade and Biological Diversity 8
  • Article   13.20 Sustainable Agriculture 8
  • Article   13.21 Marine Sustainable Fisheries and Aquaculture (14) 8
  • Article   13.22 Sustainable Forest Management and Trade 8
  • Article   13.23 Environmental Goods and Services 8
  • Article   13.24 Cooperation 8
  • Article   13.25 Contact Points and the Committee on the Environment 8
  • Article   13.26 Environment Consultations 8
  • Article   13.27 Senior Representative Consultations 8
  • Article   13.28 Ministerial Consultations 8
  • Article   13.29 Dispute Resolution 8
  • Chapter   14 Labour 8
  • Article   14.1 Definitions 8
  • Section   A Shared Commitments 8
  • Article   14.2 General Commitments 8
  • Section   B Obligations 9
  • Article   14.3 General Obligations 9
  • Article   14.4 Fair and Balanced Labour Laws 9
  • Article   14.5 Levels of Protection 9
  • Article   14.6 Enforcement of Labour Laws 9
  • Article   14.7 Forced or Compulsory Labour 9
  • Article   14.8 Violence Against Workers 9
  • Article   14.9 Public Awareness and Procedural Guarantees 9
  • Section   C Institutional Mechanisms 9
  • Article   14.10 Labour Council 9
  • Article   14.11 National Administrative Office 9
  • Article   14.12 Public Engagement 9
  • Article   14.13 Public Submissions 9
  • Article   14.14 Cooperation 9
  • Article   14.15 Labour Consultations 9
  • Article   14.16 Council Consultations 9
  • Chapter   15 Transparency, Anti-Corruption, and Responsible Business Conduct 9
  • Section   A Definitions 9
  • Article   15.1 Definitions 9
  • Section   B Transparency 10
  • Article   15.2 Publication 10
  • Article   15.3 Notification and Provision of Information 10
  • Article   15.4 Administrative Proceedings 10
  • Article   15.5 Review and Appeal 10
  • Article   15.6 Cooperation on Promoting Increased Transparency 10
  • Section   C Anti-Corruption 10
  • Article   15.7 Scope 10
  • Article   15.8 Measures to Combat Corruption 10
  • Article   15.9 Cooperation In International Fora 10
  • Article   15.10 Promoting Integrity Among Public Officials 10
  • Article   15.11 Participation of Private Sector and Society 10
  • Article   15.12 Application and Enforcement of Anti-Corruption Laws 10
  • Article   15.13 Relation to other Agreements 10
  • Section   D Responsible Business Conduct 10
  • Article   15.14 Responsible Business Conduct 10
  • Chapter   16 Trade-Related Cooperation 10
  • Article   16.1 Trade-Related Cooperation 10
  • Article   16.2 Contact Points 10
  • Chapter   17 Investment 10
  • Section   A Definitions 10
  • Article   17.1 Definitions 10
  • Section   B Investment Protections 11
  • Article   17.2 Scope 11
  • Article   17.3 Relation to other Chapters 11
  • Article   17.4 Right to Regulate 11
  • Article   17.5 Non-Derogation 11
  • Article   17.6 National Treatment 11
  • Article   17.7 Most-Favoured-Nation Treatment 11
  • Article   17.8 Treatment In Case of Armed Conflict, Civil Strife, or Natural Disaster 11
  • Article   17.9 Minimum Standard of Treatment 11
  • Article   17.10 Expropriation 11
  • Article   17.11 Transfer of Funds 11
  • Article   17.12 Performance Requirements 11
  • Article   17.3 Senior Management and Boards of Directors 12
  • Article   17.14 Subrogation 12
  • Article   17.15 Responsible Business Conduct 12
  • Article   17.16 Denial of Benefits 12
  • Article   17.17 Special Formalities and Information Requirements 12
  • Section   C Reservations, Exceptions, Exclusions 12
  • Article   17.18 Non-Conforming Measures 12
  • Article   17.19 Exclusions 12
  • Section   D Investor-State Dispute Settlement 12
  • Article   17.20 Scope and Purpose 12
  • Article   17.21 Request for Consultations 12
  • Article   17.22 Mediation 12
  • Article   17.23 Submission of a Claim to Arbitration 12
  • Article   17.24 Consent to Arbitration 12
  • Article   17.25 Discontinuance 12
  • Article   17.26 Arbitrators 12
  • Article   17.27 Agreement to Appointment of Arbitrators by ICSID 12
  • Article   17.28 Applicable Law and Interpretation 12
  • Article   17.29 Preliminary Objections 12
  • Article   17.30 Consolidation 12
  • Article   17.31 Seat of Arbitration 13
  • Article   17.32 Transparency of Proceedings 13
  • Article   17.33 Participation of a Non-Disputing Party 13
  • Article   17.34 Expert Reports 13
  • Article   17.35 Interim Measures of Protection 13
  • Article   17.36 Final Award 13
  • Article   17.37 Finality and Enforcement of an Award 13
  • Article   17.38 Third Party Funding 13
  • Article   17.39 Service of Documents 13
  • Article   17.40 Establishment of a First Instance Investment Tribunal or an Appellate Mechanism for Investor-State Dispute Settlement 13
  • Section   E Expedited Arbitration 13
  • Article   17.41 Consent to Expedited Arbitration 13
  • Article   17.42 Mediation 13
  • Article   17.43 Constitution of the Tribunal 13
  • Article   17.44 Method of Appointing the Sole Arbitrator 13
  • Article   17.45 First Session In Expedited Arbitration 13
  • Article   17.46 Procedural Schedule for Expedited Arbitration 13
  • Article   17.47 Consolidation 13
  • Annex 17-A  Exclusions from Dispute Settlement 13
  • Annex 17-B  Arbitrator Code of Conduct for Investor-State Dispute Settlement 13
  • Chapter   18 Cross-Border Trade In Services 14
  • Article   18.1 Definitions 14
  • Article   18.2 Scope 14
  • Article   18.3 National Treatment 14
  • Article   18.4 Most-Favoured-Nation Treatment 14
  • Article   18.5 Market Access 14
  • Article   18.6 Formal Requirements 14
  • Article   18.7 Reservations 14
  • Article   18.8 Recognition 15
  • Article   18.9 Denial of Benefits 15
  • Article   18.10 Payments and Transfers 15
  • Annex 18-A  Professional Services 15
  • Appendix 18-A  Guidelines for Mutual Recognition Agreements or Arrangements for Professional Services 15
  • Section   A Conduct of Negotiations and Relevant Obligations 15
  • Section   B Form and Content of MRAs 15
  • Annex 18-B  Understanding on New Services Not Classified in the United Nations Provisional Central Product Classification (CPC), 1991 15
  • Chapter   19 Development and Administration of Measures 15
  • Article   19.1 Definitions 15
  • Article   19.2 Scope 15
  • Article   19.3 Right to Regulate 16
  • Article   19.4 Development of Licensing and Qualification Requirements and Procedures 16
  • Article   19.5 Administration of Licensing and Qualification Requirements and Procedures 16
  • Article   19.6 Fees 16
  • Article   19.7 Review of Administrative Decisions 16
  • Article   19.8 Transparency 16
  • Chapter   20 Financial Services 16
  • Article   20.1 Definitions 16
  • Article   20.2 Scope 16
  • Article   20.3 National Treatment 16
  • Article   20.4 Most-Favoured-Nation Treatment 16
  • Article   20.5 Market Access for Financial Institutions 16
  • Article   20.6 Cross-Border Trade 16
  • Article   20.7 New Financial Services (5) 17
  • Article   20.8 Treatment of Customer Information 17
  • Article   20.9 Senior Management and Boards of Directors 17
  • Article   20.10 Non-Conforming Measures 17
  • Article   20.11 Exceptions 17
  • Article   20.12 Recognition 17
  • Article   20.13 Transparency 17
  • Article   20.14 Processing of Applications 17
  • Article   20.15 Self-Regulatory Organizations 17
  • Article   20.16 Payment and Clearing Systems 17
  • Article   20.17 Expedited Availability of Insurance Services 17
  • Article   20.18 Performance of Back-Office Functions 17
  • Article   20.19 Cross-Border Electronic Payments 17
  • Article   20.20 Transfer of Information 17
  • Article   20.21 Financial Services Committee 17
  • Article   20.22 Consultations 17
  • Article   20.23 Dispute Settlement 17
  • Article   20.24 Investment Disputes In Financial Services 17
  • Annex 20-A  Cross-Border Trade 17
  • Canada (20) 17
  • Ukraine 18
  • Annex 20-B  Authorities Responsible for Financial Services 18
  • Chapter   21 Temporary Entry for Business Persons 18
  • Article   21.1 Definitions 18
  • Article   21.2 Scope 18
  • Article   21.3 Grant of Temporary Entry 18
  • Article   21.4 Application Procedures 18
  • Article   21.5 Provision of Information 18
  • Article   21.6 Contact Points 18
  • Article   21.7 Dispute Settlement 18
  • Article   21.8 Relation to other Chapters 18
  • Article   21.9 Review of Commitments 18
  • Annex 21-A  Temporary Entry for Business Persons 18
  • Section   A Business Visitors 18
  • Section   B Investors 18
  • Section   C Intra-Company Transferees 18
  • Section   D Professionals 19
  • Appendix 21-1  Activities for Business Visitors 19
  • Appendix 21-1  Professionals 19
  • Chapter   22 Telecommunications 19
  • Article   22.1 Definitions 19
  • Article   22.2 Scope of Application 19
  • Article   22.3 Approaches to Regulation 19
  • Article   22.4 Access to and Use of Public Telecommunications Networks or Services 19
  • Article   22.5 Number Portability 19
  • Article   22.6 Competitive Safeguards 19
  • Article   22.7 Treatment by Major Suppliers 19
  • Article   22.8 Resale 19
  • Article   22.9 Interconnection: Obligations Relating to Suppliers of Public Telecommunications Services 19
  • Article   22.10 Interconnection: Obligations Relating to Major Suppliers 19
  • Article   22.11 Access to Essential Facilities 19
  • Article   22.12 Co-location 19
  • Article   22.13 International Submarine Cable Systems 19
  • Article   22.14 Independent Telecommunications Regulatory Body 19
  • Article   22.15 Universal Service 20
  • Article   22.16 Licensing 20
  • Article   22.17 Allocation and Use of Scarce Resources 20
  • Article   22.18 Transparency 20
  • Article   22.19 Enforcement 20
  • Article   22.20 Resolution of Telecommunications Disputes 20
  • Article   22.21 Relation to International Organisations 20
  • Article   22.22 Relation to other Chapters 20
  • Chapter   23 Trade and Gender 20
  • Article   23.1 General Understandings 20
  • Article   23.2 International Instruments 20
  • Article   23.3 Non-Derogation 20
  • Article   23.4 Cooperation Activities 20
  • Article   23.5 Committee on Trade and Gender 20
  • Article   23.6 Dispute Settlement 20
  • Chapter   24 Trade and Small and Medium-Sized Enterprises 20
  • Article   24.1 General Provisions 20
  • Article   24.2 Information Sharing 20
  • Article   24.3 Cooperation Activities on SMEs 20
  • Article   24.4 Committee on SMEs 21
  • Article   24.5 Non-Application of Dispute Settlement 21
  • Chapter   25 Trade and Indigenous Peoples 21
  • Article   25.1 General Provisions 21
  • Article   25.2 Non-Derogation 21
  • Article   25.3 Responsible Business Conduct 21
  • Article   25.4 Cooperation Activities to Facilitate Indigenous Peoples' Participation In International Trade and Investment 21
  • Article   25.5 Committee on Trade and Indigenous Peoples 21
  • Article   25.6 Provisions In the Agreement That Benefit Indigenous Peoples 21
  • Article   25.7 Dispute Settlement 21
  • Chapter   26 Good Regulatory Practices 21
  • Article   26.1 Definitions 21
  • Article   26.2 General Provisions 21
  • Article   26.3 Scope of Application 21
  • Article   26.4 Internal Coordination of Regulatory Development 21
  • Article   26.5 Early Planning 21
  • Article   26.6 Regulatory Impact Assessment 21
  • Article   26.7 Public Consultations and Transparency 21
  • Article   26.8 Use of Plain Language 21
  • Article   26.9 Consideration of other Measures 21
  • Article   26.10 Public Access 21
  • Article   26.11 Retrospective Review 21
  • Article   26.12 Cooperation 21
  • Article   26.13 Report on Implementation and Review 21
  • Article   26.14 Contact Points 22
  • Article   26.15 Relationship to other Chapters 22
  • Article   26.16 Non-Application of Dispute Settlement 22
  • Chapter   27 Administration of the Agreement 22
  • Article   27.1 Joint Commission 22
  • Article   27.2 Agreement Coordinators 22
  • Annex 27-A  Committees, Subcommittees, and Other Bodies 22
  • Chapter   28 Dispute Settlement 22
  • Section   A State to State Dispute Settlement 22
  • Article   28.1 Definitions 22
  • Article   28.2 Cooperation 22
  • Article   28.3 Scope and Coverage 22
  • Article   28.4 Choice of Forum 22
  • Article   28.5 Consultations 22
  • Article   28.6 Good Offices, Conciliation, and Mediation 22
  • Article   28.7 Establishment of a Panel 22
  • Article   28.8 Panel Selection 22
  • Article   28.9 Qualifications of Panellists 22
  • Article   28.10 Rules of Procedure 22
  • Article   28.11 Panel Reports 23
  • Article   28.12 Implementation of the Final Report 23
  • Article   28.13 Non-Implementation – Suspension of Benefits 23
  • Article   28.14 Review of Compliance and Suspension of Benefits 23
  • Article   28.15 Referrals of Matters from Judicial or Administrative Proceedings 23
  • Section   B Other Dispute Settlement 23
  • Article   28.16 Private Rights 23
  • Article   28.17 Alternative Dispute Resolution 23
  • Annex 28-A  Nullification or Impairment 23
  • Annex 28-B  Dispute Settlement for Transparency, Anti-Corruption, and Responsible Business Conduct 23
  • Annex 28-C  Rules of Procedure 23
  • Chapter   29 Exceptions 23
  • Article   29.1 Definitions 23
  • Article   29.2 General Exceptions 24
  • Article   29.3 National Security 24
  • Article   29.4 Taxation 24
  • Article   29.5 Disclosure of Information 24
  • Article   29.6 Indigenous Peoples' Rights 24
  • Article   29.7 Cultural Industries 24
  • Article   29.8 World Trade Organization Waivers 24
  • Chapter   30 Final Provisions 24
  • Article   30.1 Transitional Provision from the 2017 Agreement 24
  • Article   30.2 Annexes, Appendices, and Footnotes 24
  • Article   30.3 Review Clause 24
  • Article   30.4 Amendments 24
  • Article   30.5 Reservations and Unilateral Declarations 24
  • Article   30.6 Entry Into Force 24
  • Article   30.7 Termination of this Agreement 24
  • Article   30.8 Termination of the 2017 Agreement 24
  • Article   30.9 Suspension of other Agreements 24
  • Article   30.10 Accession 24
  • Annex I  Cross-Border Trade in Services and Investment Non-Conforming Measures 24
  • Annex I  Explanatory Note 24
  • Annex I  Schedule of Canada 24
  • Annex I  Schedule of Ukraine 28
  • Annex II  Cross-Border Trade in Services and Investment Non-Conforming Measures 29
  • Annex II  Explanatory Note 29
  • Annex II  Schedule of Canada 29
  • Annex II  Schedule of Ukraine 31