(a) all the licensing criteria and procedures it applies;
(b) the period it normally requires to reach a decision concerning an application for a license; and
(c) the terms and conditions of all licenses in effect.
27. Each Party shall ensure that, on request, an applicant receives the reasons for the denial of, revocation of, refusal to renew, or imposition of conditions on, a license.
Telecommunications Regulatory Body
28. Each Party shall ensure that its telecommunications regulatory body is separate from and functionally independent of any supplier of public telecommunications networks or services. To this end, each Party shall ensure that its telecommunications regulatory body does not own equity (2) or maintain an operating or management role in any such supplier.
29. Each Party shall ensure that the decisions and procedures of its telecommunications regulatory body are impartial with respect to all market participants.
Allocation and Use of Scarce Resources
30. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers, and rights-of-way, in an objective, timely, transparent, and non-discriminatory manner.
31. Each Party shall make publicly available the current state of allocated frequency bands but retains the right not to provide detailed identification of frequencies allocated or assigned for specific government uses.
32. A Party’s measures allocating and assigning spectrum and managing frequencies shall not be considered inconsistent with Article 8.3. Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may limit the number of suppliers of public telecommunications networks and services. Each Party also retains the right to allocate frequency bands, taking into account present and future needs and spectrum availability.
Resolution of Telecommunications Disputes
33. Each Party shall ensure that:
Recourse
(a) (i) suppliers of public telecommunications networks or services may have recourse to a telecommunications regulatory body or other relevant body of the Party in its territory to resolve disputes between suppliers of public telecommunications networks or services on a timely basis regarding measures relating to matters set out in paragraph 5 through 19;
(ii) suppliers of public telecommunications networks or services of the other Party, which have obtained licenses in accordance with the laws and regulations of the Party, that have requested interconnection with a major supplier in the Party’s territory may have recourse, within a reasonable and publicly specified period after the supplier requests interconnection, to a telecommunications regulatory body or other relevant body to resolve disputes regarding the terms, conditions, and rates for interconnection with such major supplier; and
Judicial Review
(b) any service supplier whose legally-protected interests are adversely affected by a determination or decision of the Party’s telecommunications regulatory body may obtain review of the determination or decision by an impartial and independent judicial authority of the Party according to the laws of the Party.
Neither Party shall permit the making of an application for judicial review to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the relevant judicial body otherwise determines.
Transparency
34. 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 terminal or other equipment; and
(e) requirements for notification or licensing, if any. Flexibility in the Choice of Technology
35. Each Party shall not prevent suppliers of public telecommunications networks or services from having the flexibility to choose the technologies that they use to supply their services.
36. Notwithstanding paragraph 35, a Party may apply a measure that limits the technologies that a supplier of public telecommunications networks or services may use to supply its services, provided that the measure is designed to achieve a legitimate public policy objective and is not prepared, adopted, or applied in a manner that creates unnecessary obstacles to trade.
ANNEX X-C. Movement of Natural Persons Supplying Services (1)
General Principles
1. This Annex reflects the Parties' mutual desire to facilitate entry and temporary stay of natural persons in accordance with their laws and regulations and the commitments in their Schedule of Specific Commitments in this Chapter and of establishing transparent measures affecting the entry and temporary stay of natural persons covered by their respective Schedule of Specific Commitments, while recognizing the need to ensure border security and to protect the domestic labor force and permanent employment in their respective territories.
General Obligations
2. Each Party shall apply its measures related to this Annex in accordance with paragraph 1 and, in particular, shall apply those measures so as to avoid unduly nullifying or impairing the benefits accruing to the other Party or delaying trade in services under this Chapter. Grant of Entry and Temporary Stay
3. The Parties may make commitments in respect of entry and temporary stay of natural persons. Such commitments and the conditions governing them shall be inscribed in the schedule of specific commitments referred to in Article 8.6. 4. In accordance with this Annex and subject to each Party’s Schedule of Specific Commitments, a Party shall grant entry or extension of temporary stay to natural persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 3, provided that those natural persons:
(a) follow the granting Party’s prescribed application procedures under its relevant laws and regulations; and
(b) meet all relevant eligibility requirements for entry and temporary stay or extension of temporary stay.
5. Each Party shall endeavor to ensure that fees charged by its competent authorities for the processing of an application for entry and temporary stay are reasonable, in that they do not unduly nullify or impair the benefits accruing to the other Party or delay trade in services under this Chapter.
6. The sole fact that a Party grants entry to a natural person of the other Party pursuant to this Chapter shall not be construed to exempt that natural person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practice a profession or otherwise engage in business activities.
Transparency
7. Further to Article 1.7 (Transparency), each Party shall:
(a) provide to the other Party such information, to the extent practicable, as will enable the other Party to become acquainted with its measures relating to this Annex;
(b) no later than one year after the date of entry into force of this Agreement, to the extent possible, prepare, publish, and make available explanatory information regarding the requirements for entry and temporary stay under this Annex including applicable laws and regulations in such a manner as will enable natural persons of the other Party specified in the Schedule of Specific Commitments to become acquainted with them; and
(c) upon modifying or amending a measure that affects the entry and temporary stay of natural persons specified in the Schedule of Specific Commitments, ensure that such modifications or amendments are, to the extent possible, promptly published or made available in such a manner as will enable natural persons of the other Party to become acquainted with them.
8. Each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding applications and procedures related to the entry and temporary stay of natural persons specified in the Party’s Schedule of Specific Commitments.
9. Upon the request of the applicant, the Party shall endeavor to provide, without undue delay, information on the status of the application or the decision about the outcome of the application.
Cooperation
10. The Parties may discuss mutually agreed areas of cooperation to further facilitate the entry and temporary stay of natural persons of the other Party in line with their respective laws and regulations, which shall take into consideration areas proposed by either Party during the course of negotiations or other areas as may be identified by the Parties. Dispute Settlement
11. The relevant authorities of both Parties shall endeavor to favorably resolve any problems that may arise from the implementation and administration of this Annex through consultations.
12. If both Parties cannot reach agreement with regard to any specific issues raised from the implementation and administration of this Annex as provided for in paragraph 11, Chapter Fifteen (Dispute Settlement) shall apply to the issues.
13. A Party shall not initiate proceedings under Chapter Fifteen (Dispute Settlement) regarding a refusal to grant entry under this Annex unless:
(a) the matter involves a pattern of practice; and
(b) the affected natural persons have exhausted the available administrative remedies regarding the particular matter.
14. The remedies referred to in subparagraph 13(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the natural person.
Chapter NINE. DIGITAL TRADE
Article 9.1. Definitions
For purposes of this Chapter:
computing facilities means computer servers and storage devices for processing or storing information for commercial use;
covered person means a service supplier of a Party as defined in Article 8.1 (Definitions);
digital product means a computer programs, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distribution, and that can be transmitted electronically; (1) (2)
electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication;
electronic invoicing means the automated creation, exchange, and processing of a request for payment between a supplier and a buyer using a structured digital format;
electronic payments means a payer’s transfer of a monetary claim acceptable to a payee made through electronic means;
electronic signature means data in electronic form that is in, affixed to, or logically or cryptographically associated with, an electronic document, and that may be used to identify or verify the signatory in relation to the electronic document and indicate the signatory’s approval of the information contained in the electronic document;
electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means;
FinTech means the use of technology to improve and automate the delivery and use of financial services;
open data means digital data that is made available with the technical and legal characteristics necessary for it to be freely used, reused, and redistributed. This definition relates only to information held or processed by or on behalf of a Party;
personal data means any information about an identified or identifiable natural person;
trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods; and
unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address of a person, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.
Article 9.2. Objectives
1. The Parties recognize the economic growth and opportunity that digital trade provides, the importance of avoiding barriers to its use and development, the importance of frameworks that promote consumer confidence in digital trade, and the applicability of the WTO Agreement to measures affecting digital trade.
2. The Parties seek to foster an environment conducive to the further advancement of digital trade, including electronic commerce and the digital transformation of the global economy, by strengthening their bilateral relations on these matters.
Article 9.3. Scope and General Provisions
1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.
2. This Chapter shall not apply to:
(a) government procurement;
(b) except for Article 9.15, information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection.
3. For greater certainty, the Parties affirm that measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter Eight (Trade in Services) and its Annexes, including any exceptions set out in this Agreement that are applicable to those obligations. 4. Articles 9.5, 9.13, and 9.14 shall not apply to aspects of a Party’s measures that do not conform with an obligation in Chapter Eight (Trade in Services) to the extent that such measures are adopted or maintained in accordance with:
(a) any terms, limitations, qualifications, and conditions specified in a Party’s commitments, or are with respect to a sector that is not subject to a Party’s commitments, made in accordance with Article 8.6 (Schedules of Specific Commitments); or
(b) any exception that is applicable to the obligations in Chapter Eight (Trade in Services).
Article 9.4. Customs Duties
1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party.
2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on content transmitted electronically, provided that such taxes, fees, or charges are imposed in a manner consistent with this Agreement.
Article 9.5. Non-discriminatory Treatment of Digital Products
1. Neither Party shall accord less favorable treatment to a digital product created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other like digital products. (3)
2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter Ten (Intellectual Property).
3. The Parties understand that this Article shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.
4. Paragraph 1 shall not apply to broadcasting.
Article 9.6. Domestic Electronic Transactions Framework
1. Each Party shall maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce (1996) or the United Nations Convention on the Use of Electronic Communications in International Contracts, done at New York, on 23 November 2005.
2. Each Party shall endeavor to:
(a) avoid any unnecessary regulatory burden on electronic transactions; and
(b) facilitate input by interested persons in the development of its legal framework for electronic transactions.
Article 9.7. Electronic Authentication and Electronic Signatures
1. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. Neither Party shall adopt or maintain measures regarding electronic authentication that would:
(a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
(b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.
3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law.
4. The Parties shall encourage the use of interoperable electronic authentication.
Article 9.8. Paperless Trading
1. Each Party shall:
(a) to the extent practicable, make trade administration documents available to the public in electronic form;
(b) to the extent practicable, accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents; and
(c) to the extent practicable, provide electronic versions of trade administration documents referred to in subparagraph (a) in English.
2. Noting the obligations in the Agreement on Trade Facilitation in Annex 1A to the WTO Agreement, each Party shall establish or maintain a single window that enables persons to submit trade administration documents and data requirements for importation, exportation, or transit of goods through a single entry point to the participating authorities or agencies.
3. Each Party shall endeavor to establish or maintain a seamless, trusted and secure interface with the other Party’s single window to facilitate the exchange of data relating to trade administration documents, which may be agreed by the Parties.
4. The Parties shall endeavor to develop data exchange systems to support the exchange of data relating to the trade administration documents referred to in paragraph 3 between the competent authorities of each Party.
5. The Parties recognize that the data exchange systems referred to in paragraph 4 should, as far as possible, be compatible and interoperable with each other. To this end, the Parties shall endeavor to work towards the development and adoption of internationally recognized standards in the development and governance of the data exchange systems.
6. In developing initiatives that provide for the use of paperless trading, each Party shall endeavor to take into account the methods agreed by international organizations.
Article 9.9. Online Consumer Protection
1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from misleading, deceptive, and fraudulent commercial practices when they engage in digital trade.
2. Each Party shall adopt or maintain consumer protection laws to proscribe misleading, deceptive, and fraudulent commercial activities that cause harm or potential harm to consumers engaged in digital trade. (4)
3. Each Party shall publish information on the consumer protection it provides to users of electronic commerce, including how:
(a) consumers can pursue remedies; and
(b) business can comply with any legal requirements.
Article 9.10. Personal Data Protection
1. The Parties recognize the economic and social benefits of protecting the personal data of users of digital trade and the contribution that this makes to enhancing consumer confidence in digital trade.
2. To this end, each Party shall adopt or maintain a legal framework that provides for the protection of the personal data of the users of digital trade. (5) In the development of any legal framework for the protection of personal data, each Party should endeavor to take into account principles and guidelines of relevant international organizations or bodies.
3. Each Party shall endeavor to adopt non-discriminatory practices in protecting users of digital trade from personal data protection violations occurring within its jurisdiction.
4. Each Party shall publish information on the personal data protections it provides to users of digital trade, including how:
(a) individuals can pursue remedies; and
(b) business can comply with any legal requirements.
Article 9.11. Principles on Access to and Use of the Internet for Digital Trade
To support the development and growth of digital trade, each Party recognizes that consumers in its territory should be able to:
(a) access and use services and applications of their choice, unless prohibited by the Party’s law;
(b) run services and applications of their choice, subject to the Party’s law, including the needs of legal and regulatory enforcement activities; and
(c) connect their choice of devices to the Internet, provided that such devices do not harm the network and are not otherwise prohibited by the Party’s law.
Article 9.12. Unsolicited Commercial Electronic Messages
1. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages sent to an electronic mail address that:
(a) require a supplier of unsolicited commercial electronic messages to facilitate the ability of a recipient to prevent ongoing reception of those messages;
(b) require the consent, as specified in the laws and regulations of each Party, of recipients to receive commercial electronic messages; or
(c) otherwise provide for the minimization of unsolicited commercial electronic messages.
2. Each Party shall provide recourse against a supplier of unsolicited commercial electronic messages that does not comply with a measure adopted or maintained in accordance with paragraph 1.
3. The Parties shall endeavor to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
Article 9.13. Article 9.13: Cross-Border Flow of Information (6)
1. The Parties recognize that each Party may have its own regulatory requirements concerning the transfer of information by electronic means.
2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal data, if this activity is for the conduct of business of a covered person.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and
(b) does not impose restrictions on transfers of information greater than are required to achieve the objective.