Australia - Japan EPA (2014)
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(a) if the Party complained against considers that the level of concessions or other obligations suspended by the complaining Party is manifestly excessive, it may request in writing to the complaining Party the reconvening of the arbitral tribunal to examine the matter; and

(b) if the Party complained against considers that it has complied with paragraph 1 of Article 19.13, it may request consultations with the complaining Party. The complaining Party shall enter into consultations within 10 days after the date of receipt of the request. If the Parties fail to resolve the matter within 30 days after the date of receipt of the request for consultations pursuant to this subparagraph, the Party complained against may request in writing to the complaining Party the reconvening of the arbitral tribunal to examine the matter.

8. When a request for the reconvening of the arbitral tribunal is made by the Party complained against in accordance with subparagraph 7(a), the arbitral tribunal shall be reconvened within 15 days after the date of receipt of the request and shall issue, within 45 days after the date on which it is reconvened, its award containing a determination on the appropriate level of suspension to be applied by the complaining Party.

9. When a request for the reconvening of the arbitral tribunal is made by the Party complained against in accordance with subparagraph 7(b), the arbitral tribunal shall be reconvened and shall issue its award, applying, mutatis mutandis, paragraphs 3 through 8 of Article 19.14. In the event of a finding that the Party complained against has not complied with paragraph 1 of Article 19.13, the reconvened arbitral tribunal may also, on request of either Party, examine whether the level of the existing suspension of concessions or other obligations is still appropriate and, if not, provide a determination on the appropriate level of suspension.

10. With respect to the terms of reference, functions and proceedings of the arbitral tribunal reconvened in accordance with this Article, Article 19.7, Article 19.8 other than subparagraph (b), Article 19.9 other than paragraph 6, Article 19.10, Article 19.11 other than paragraph 3, and Article 19.12 other than paragraphs 2, 3 and 6, shall apply mutatis mutandis.

Article 19.16. Rules of Procedure

1. The Joint Committee shall adopt the Rules of Procedure, including the Indicative Timetable and Code of Conduct, upon the entry into force of this Agreement. The Rules of Procedure provide the details of the rules and procedures of arbitral tribunals established under this Chapter.

2. Unless the Parties otherwise agree, the arbitral tribunal shall follow the Rules of Procedure adopted by the Joint Committee and may, after consulting the Parties, adopt additional rules of procedure not inconsistent with the Rules of Procedure adopted by the Joint Committee.

3. Where an arbitral tribunal is reconvened in accordance with Article 19.14 or 19.15, it may, after consulting the Parties, determine the rules of procedure for the proceedings, drawing as it deems appropriate on the Rules of Procedure adopted by the Joint Committee in accordance with paragraph 1.

Article 19.17. Modifications of Time Periods, Rules and Procedures

Any time period or other rules and procedures for arbitral tribunals provided for in this Chapter, including the Rules of Procedure referred to in Article 19.16, may be modified for a particular dispute by the arbitral tribunal established for that particular dispute, provided that the Parties consent to such modifications.

Article 19.18. Expenses

Unless the Parties otherwise agree, the expenses of an arbitral tribunal, including the remuneration of the arbitrators, shall be borne by the Parties in equal shares.

Chapter 20. Final Provisions

Article 20.1. Table of Contents and Headings

The table of contents and headings of the Chapters, Sections and the Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.

Article 20.2. Annexes and Notes

The Annexes and Notes to this Agreement shall form an integral part of this Agreement.

Article 20.3. Amendment

1. This Agreement may be amended by written agreement between the Parties.

2. Such amendment shall be approved by the Parties in accordance with their respective legal procedures and shall enter into force on the date to be agreed by the Parties.

Article 20.4. Entry Into Force

This Agreement shall enter into force on the thirtieth day after the date on which the Governments of the Parties exchange diplomatic notes informing each other that their respective legal procedures necessary for entry into force of this Agreement have been completed. It shall remain in force unless terminated as provided for in Article 20.6.

Article 20.5. General Review

Unless the Parties otherwise agree, the Parties shall undertake a general review of the implementation and operation of this Agreement in the sixth year following the date of entry into force of this Agreement, or at any time agreed by the Parties.

Article 20.6. Termination

Either Party may terminate this Agreement by giving one year's advance notice in writing to the other Party.

Article 20.7. Authentic Texts

1. The texts of this Agreement in the Japanese and English languages shall be equally authentic.

2. Notwithstanding paragraph 1, Part 2 of Annex 1 (Schedules in Relation to Article 2.4 (Elimination or Reduction of Customs Duties)), Part 1 of Annex 6 (Non- Conforming Measures Relating to Paragraph 1 of Articles 9.7 and 14.10), Part 1 of Annex 7 (Non-Conforming Measures Relating to Paragraph 2 of Articles 9.7 and 14.10), Part 1 of Annex 10 (Specific Commitments on the Movement of Natural Persons) and Part 1 of Annex 13 (Government Procurement) are written only in the English language.

Conclusion

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

DONE at Canberra on this eighth day of July in the year 2014, in duplicate in the English and Japanese languages.

For Australia:

For Japan:

Attachments

Annex 6. Referred to in chapter 9 (trade in services) and chapter 14 (investment)

NON-CONFORMING MEASURES RELATING TO PARAGRAPH 1 OF ARTICLES 9.7 and 14.10

Part 1. Schedule of Australia

Section 1. Notes for Sections 2 and 3

1. Section 2 of the Schedule of Australia sets out, pursuant to Articles 9.7 (Trade in Services - Non-Conforming Measures) and 14.10 (Investment - Non-Conforming Measures and Exceptions), Australia's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 9.3 (Trade in Services - Market Access);

(b) Article 9.4 (Trade in Services - National Treatment) or 14.3 (Investment - National Treatment) ;

(c) Article 9.5 (Trade in Services - Most-Favoured- Nation Treatment) or 14.4 (Investment - Most- Favoured-Nation Treatment);

(d) Article 9.6 (Trade in Services - Local Presence);

(e) Article 14.8 (Investment - Senior Management and Boards of Directors); or

(f) Article 14.9 (Investment - Prohibition of Performance Requirements).

2. Section 3 of the Schedule of Australia sets out, pursuant to Articles 9.7 (Trade in Services - Non-Conforming Measures) and 14.10 (Investment - Non-Conforming Measures and Exceptions), Australia's additional existing measures with respect to or relating to trade in financial services that are not subject to some or all of the obligations imposed by:

(a) Article 9.3 (Trade in Services - Market Access);

(b) Article 9.4 (Trade in Services - National Treatment) or 14.3 (Investment - National Treatment);

(c) Article 9.5 (Trade in Services - Most-FavouredNation Treatment) or 14.4 (Investment - MostFavoured-Nation Treatment);

(d) Article 9.6 (Trade in Services - Local Presence);

(e) Article 14.8 (Investment - Senior Management and Boards of Directors); or

(f) Article 14.9 (Investment – Prohibition of Performance Requirements).

Note 1: Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 9 (Trade in Services), Chapter 11 (Financial Services), Chapter 14 (Investment), this Section and the Schedule below.

Note 2: To clarify Australia's commitment with respect to Article 9.3 (Trade in Services - Market Access), enterprises supplying financial services and constituted under the laws of Australia are subject to non-discriminatory limitations on juridical form. (1)

(1) For example, partnerships and sole proprietorships are generally not acceptable juridical forms for authorised depository institutions in Australia. This note is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.

Note 3: Without prejudice to other means of prudential regulation of cross-border trade in financial services, Australia reserves the right to require the non-discriminatory licensing or registration of cross-border financial service suppliers of Japan and of financial instruments in accordance with Article 11.4 (Financial Services – Domestic Regulation).

Note 4: Australia reserves the right to adopt or maintain non-discriminatory limitations concerning admission to the market of new financial services where such measures are required to achieve prudential objectives. Australia may determine the institutional and juridical form through which a new financial service may be supplied and may require authorisation for the supply of the service. Where authorisation to supply a new financial service is required, the authorisation may only be refused for prudential reasons.

3. Each Schedule entry sets out the following elements:

(a) "Sector" refers to the sector for which the Schedule entry is made;

(b) "Obligations Concerned" specifies the obligation(s) referred to in paragraph 1 that, pursuant to subparagraph 1(a) of Articles 9.7 (Trade in Services - Non-Conforming Measures) and 14.10 (Investment - Non-Conforming Measures and Exceptions), do not apply to the listed measure (s);

(c) "Level of Government" indicates the level of government maintaining the listed measure(s);

(d) "Source of Measure" means the laws, regulations or other measures that are the source of the non- conforming measure for which the Schedule entry is made. A measure cited in the "Source of Measure" element:

(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement; and

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(e) "Description" sets out the non-conforming measure for which the Schedule entry is made.

Note 1: In accordance with Articles 9.7 (Trade in Services - Non-Conforming Measures) and 14.10 (Investment - Non-Conforming Measures and Exceptions), the articles of this Agreement specified in the "Obligations Concerned" element of an entry do not apply to the non- conforming measure identified in the "Description" element of that entry.

Note 2: A reference to National Treatment in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 9.4 (Trade in Services - National Treatment) and Article 14.3 (Investment - National Treatment) .

4. Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence (such as residency requirements) has not been reserved against National Treatment.

5. Where Australia maintains a measure that requires that a service supplier be a citizen, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a Schedule entry for that measure taken with respect to Article 9.4 (Trade in Services - National Treatment), 9.5 (Trade in Services - Most-Favoured-Nation Treatment) or 9.6 (Trade in Services - Local Presence) shall operate as a Schedule entry with respect to Article 14.3 (Investment - National Treatment), 14.4 (Investment - Most-Favoured-Nation Treatment) or 14.9 (Investment - Prohibition of Performance Requirements) to the extent of that measure.

6. Australia reserves the right to maintain and to add to this Schedule any non-conforming measure at the regional level of government that existed at 1 January 2005, but was not listed in this Schedule at the date of entry into force of this Agreement, against the following obligations:

(a) Article 9.4 (Trade in Services - National Treatment) or 14.3 (Investment - National Treatment) ;

(b) Article 9.5 (Trade in Services - Most-Favoured- Nation Treatment) or 14.4 (Investment - Most- Favoured-Nation Treatment);

(c) Article 9.6 (Trade in Services - Local Presence);

(d) Article 14.8 (Investment - Senior Management and Boards of Directors); or

(e) Article 14.9 (Investment – Prohibition of Performance Requirements).

Section 2.

1.

Sector: All Sectors

Obligations Concerned: Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central and Regional

Source of Measure: Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth) and Ministerial Statements. Land Act 1994 (Qld); Foreign Ownership of Land Register Act 1988 (Qld)

Description: Commonwealth

A. The following investments may be subject to objections by the Australian Government and may also require notification to the Government (2):

(a) investments by foreign persons (3) of 5 per cent or more in the media sector, regardless of the value of the investment;

(b) investments by foreign persons in existing (4) Australian businesses, or prescribed corporations, (5) the value of whose assets exceeds 248 million# Australian Dollars in the following sectors:

(i) the telecommunications sector;

(ii) the transport sector, including airports, port facilities, rail infrastructure, international and domestic aviation and shipping services provided either within, or to and from, Australia;

(iii) the supply of training or human resources, or the manufacture or supply of military goods, equipment, or technology, to the Australian or other defence forces;

(iv) the manufacture or supply of goods, equipment or technologies able to be used for a military purpose;

(v) the development, manufacture or supply of, or provision of services relating to, encryption and security technologies and communication systems; and

(vi) the extraction of (or rights to extract) uranium or plutonium, or the operation of nuclear facilities;

(c) investments by foreign persons in existing Australian businesses, or prescribed corporations, in all other sectors, excluding financial sector companies (6), the value of whose total assets exceeds 1078 million # Australian Dollars;

(d) acquisitions by foreign persons of developed non-residential commercial real estate valued at more than1078 million # Australian Dollars;

(e) direct investments by foreign government investors, irrespective of size;

Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions. Investments referred to in (a) through (e) for which no notification is required or received may be subject to orders under Sections 18 through 21 and 21A of the FATA.

B. The acquisition of a stake in an existing financial sector company by a foreign investor, or entry into an arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control (7) of an existing financial sector company, may be refused, or be subject to certain conditions (8)

C. In addition to the measures identified in this entry, other entries in Annex 6 or Annex 7 set out additional non-conforming measures imposing specific limits on, or requirements relating to, foreign investment in the following areas:

(a) Telstra;

(b) Commonwealth Serum Laboratories;

(c) Qantas Airways Ltd.;

(d) Australian international airlines, other than Qantas;

(e) urban land;

(f) agricultural land;

(g) agribusiness;

(h) federal leased airports; and

(i) shipping.

(2) Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). "Investments" means activities covered by Part II of FATA or, where applicable, ministerial statements on foreign investment policy. Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investment.
(3) A "foreign person" means, as defined in section 5 of the FATA: (a) a natural person not ordinarily resident in Australia; (b) a corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; (c) a corporation in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate controlling interest; (d) the trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or (e) the trustee of a trust estate in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest.
(4) For the purposes of this entry, "existing" means in existence at the time the investment is proposed or made.
(5) For the purposes of this entry, "prescribed corporation" means: (a) a trading corporation; (b) a financial corporation; (c) a corporation incorporated in a Territory under the law in force in that Territory relating to companies; (d) a foreign corporation that, on its last accounting date, held assets the sum of the values of which exceeded 248 million Australian Dollars (for item (b) of the entry) or 1078 million Australian Dollars (for item (c) of the entry), being assets consisting of all or any of the following: (i) land situated in Australia (including legal and equitable interests in such land); (ii) mineral rights; (iii) shares in a corporation incorporated in Australia; (e) a foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of the Australian corporation or Australian corporations exceeded 248 million Australian Dollars (for item (b) of the entry) or 1078 million Australian Dollars (for item (c) of the entry); (f) a corporation that was, on its last accounting date, a holding corporation of a foreign corporation referred to in paragraph (d) or (e) of this footnote; (g) a foreign corporation that, on its last accounting date, held assets of a kind or kinds referred to in paragraph (d) of this footnote, where the sum of the values on that date of those assets was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation; or (h) a foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of that Australian corporation or those Australian corporations was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation.
(6) A "financial sector company" means, as defined in section 3 of the Financial Sector (Shareholdings) Act 1998: (a) an authorised deposit-taking institution; or (b) an authorised insurance company; or (c) a holding company of a company covered by paragraph (a) or (b) of this footnote.
(7) "Unacceptable shareholding situation" and "practical control" as defined in the Financial Sector (Shareholdings) Act 1998.
(8) Ministerial statements on foreign investment policy including the Treasurer's Press Release No. 28 of 9 April 1997.
# This is the figure as at 1 January 2014. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2015, this fiqure will be indexed on the date of entry into force.

Queensland

Certain leases (obtained at ballot), and other leases at the discretion of the Minister, may be subject to a condition that the lessee personally lives on the lease for the first seven years of its term.

While all changes to ownership of land must be registered, there is an additional duty on foreign land holders to disclose, through a prescribed notification, present interests in and acquisitions of land, disposal of interests in land and notification on ceasing to be or becoming a foreign person.

Failure to provide the information causes a breach of the Act that may result in prosecution, the imposition of financial penalties and/or forfeiture of the interest in the land to the Crown.

2.

Sector: All Sectors

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Central

Source of Measure: Corporations Act 2001 (Cth)

Corporations Regulations 2001 (Cth)

Description: At least one director of a private company must be ordinarily resident in Australia.

At least two directors of a public company must be ordinarily resident in Australia.

At least one secretary of a private company (if such a private company appoints one or more secretaries) must be ordinarily resident in Australia.

At least one secretary of a public company must be ordinarily resident in Australia.

3.

Sector: All Sectors

Obligations Concerned: National Treatment Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)

Level of Government: Regional

Source of Measure: Associations Act (NT) Associations Incorporations Act 1991 (ACT) Associations Incorporations Act 1981 (Qld) Association Incorporations Act 1985 (SA) Associations Incorporation Act 1964 (Tas) Associations Incorporation Reform Act 2012 (Vic)

Description:

Northern Territory

An application for the incorporation of an association (9) must be made by a person who is a resident of the Northern Territory.

The public officer of an incorporated association must be a person who is a resident of the Northern Territory.

(9) "Association" includes a trading association.

Australian Capital Territory

An application for incorporation of an association must be made by a person who is a resident of the Australian Capital Territory.

The public officer of an incorporated association must be a person who is a resident of the Australian Capital Territory.

Queensland

The office of secretary shall become vacant if the person holding that office ceases to be a resident in Queensland, or in another State but not more than 65 km from the Queensland border.

The management committee of an incorporated association must ensure the secretary is an individual residing in Queensland, or in another State but not more than 65 km from the Queensland border.

The members of the management committee of an incorporated association must ensure that the association has an address nominated for the service of documents on the association. The nominated address must be a place in the State where a document can be served personally on a person. A post office box is not a place that can be shown as a nominated address.

South Australia

The public officer of an incorporated association must be a person who is a resident of South Australia.

Tasmania

  • Chapter   1 General Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Transparency 1
  • Article   1.4 Public Comment Procedures 1
  • Article   1.5 Administrative Proceedings 1
  • Article   1.6 Review and Appeal 1
  • Article   1.7 Confidential Information 1
  • Article   1.8 Taxation 1
  • Article   1.9 General Exceptions 1
  • Article   1.10 Security Exceptions 1
  • Article   1.11 Relation to other Agreements 1
  • Article   1.12 Implementing Agreement 1
  • Article   1.13 Joint Committee 1
  • Article   1.14 Communications 1
  • Chapter   2 Trade In Goods 1
  • Section   1 General Rules 1
  • Article   2.1 Definitions 1
  • Article   2.2 Classification of Goods 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination or Reduction of Customs Duties 1
  • Article   2.5 Customs valuation 1
  • Article   2.6 Export duties 2
  • Article   2.7 Export subsidies 2
  • Article   2.8 Non- tariff measures 2
  • Article   2.9 Administrative fees and charges 2
  • Article   2.10 Administration of trade regulations 2
  • Article   2.11 Import licensing 2
  • Article   2.12 Anti-dumping measures and countervailing measures 2
  • Section   2 Safeguard measures 2
  • Article   2.13 Application of bilateral safeguard measures 2
  • Article   2.14 Investigation 2
  • Article   2.15 Conditions and limitations 2
  • Article   2.16 Compensation 2
  • Article   2.17 Provisional bilateral safeguard measures 2
  • Article   2.18 Special safeguard measures on specific agricultural goods 2
  • Article   2.19 Relation to safeguard measures under the wto agreement 2
  • Section   3 Other provisions 2
  • Article   2.20 Reviews of market access and protection of competitiveness 2
  • Article   2.21 Sub-committee on trade in goods 2
  • Article   2.22 Amendment of annex 2
  • Article   2.23 Operational procedures 2
  • Chapter   3 Rules of origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.5 Calculation of qualifying value content 2
  • Article   3.6 Accumulation 3
  • Article   3.7 Non-qualifying operations 3
  • Article   3.8 Consignment 3
  • Article   3.9 Unassembled or disassembled goods 3
  • Article   3.10 Fungible goods and materials 3
  • Article   3.11 Indirect materials 3
  • Article   3.12 Accessories, spare parts and tools 3
  • Article   3.13 Packing materials and containers 3
  • Article   3.14 Documentary evidence of origin 3
  • Article   3.15 Certificate of origin 3
  • Article   3.16 Origin certification document 3
  • Article   3.17 Claim for preferential tariff treatment 3
  • Article   3.18 Waiver of documentary evidence of origin 3
  • Article   3.19 Measures regarding an erroneous or false documentary evidence of origin 3
  • Article   3.20 Record-keeping requirements 3
  • Article   3.21 Origin verification 3
  • Article   3.22 Verification visit 3
  • Article   3.23 Denial of preferential tariff treatment 3
  • Article   3.24 Non-party invoices 3
  • Article   3.25 Confidentiality 3
  • Article   3.26 Penalties 4
  • Article   3.27 Transitional provisions for goods in transport or storage 4
  • Article   3.28 Sub-committee on rules of origin 4
  • Article   3.29 Amendments to annexes 2 and 3 4
  • Chapter   4 Customs procedures 4
  • Article   4.1 Scope 4
  • Article   4.2 Definitions 4
  • Article   4.3 Transparency 4
  • Article   4.4 Customs clearance 4
  • Article   4.5 Advance rulings 4
  • Article   4.6 Temporary admission and goods in transit 4
  • Article   4.7 Cooperation and exchange of information 4
  • Article   4.8 Review process 4
  • Article   4.9 Sub-committee on customs procedures 4
  • Chapter   5 Sanitary and phytosanitary cooperation 4
  • Article   5.1 Scope 4
  • Article   5.2 Reaffirmation of rights and obligations 4
  • Article   5.3 Cooperation 4
  • Article   5.4 Sub-committee on sanitary and phytosanitary cooperation 4
  • Article   5.5 Chapter coordinator 4
  • Article   5.6 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   6 Technical regulations, standards and conformity assessment procedures 4
  • Article   6.1 Scope 4
  • Article   6.2 Definitions 4
  • Article   6.3 Reaffirmation of rights and obligations 4
  • Article   6.4 International standards, guides or recommendations 4
  • Article   6.5 Technical regulations 4
  • Article   6.6 Conformity assessment procedures 4
  • Article   6.7 Transparency 4
  • Article   6.8 Sub-committee on technical regulations, standards and conformity assessment procedures 4
  • Article   6.9 Chapter coordinator 4
  • Article   6.11 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   7 Food supply 4
  • Article   7.1 Basic principle 5
  • Article   7.2 Definitions 5
  • Article   7.3 Export restrictions on essential food 5
  • Article   7.4 Promotion and facilitation of investment 5
  • Article   7.5 Consultations for supply of essential food 5
  • Chapter   8 Energy and mineral resources 5
  • Article   8.1 Basic principle 5
  • Article   8.2 Definitions 5
  • Article   8.3 Stable supply of energy and mineral resources 5
  • Article   8.4 Export restrictions 5
  • Article   8.5 Export licensing procedures and administrations 5
  • Article   8.6 Energy and mineral resource regulatory measures 5
  • Article   8.7 Cooperation 5
  • Article   8.8 Sub-committee on energy and mineral resources 5
  • Chapter   9 Trade in services 5
  • Article   9.1 Scope 5
  • Article   9.2 Definitions 5
  • Article   9.3 Market access 5
  • Article   9.4 National treatment 5
  • Article   9.5 Most-favoured-nation treatment 5
  • Article   9.6 Local presence 5
  • Article   9.7 Non-conforming measures 5
  • Article   9.8 Domestic regulation 5
  • Article   9.9 Recognition 6
  • Article   9.10 Monopolies and exclusive service suppliers 6
  • Article   9.11 Subsidies 6
  • Article   9.12 Payments and transfers 6
  • Article   9.13 Restrictions to safeguard the balance-of-payments 6
  • Article   9.14 Denial of benefits 6
  • Article   9.15 Sub-committee on trade in services 6
  • Chapter   10 Telecommunications services 6
  • Article   10.1 Scope 6
  • Article   10.2 Definitions 6
  • Article   10.3 Access and use 6
  • Article   10.4 Submarine cables 6
  • Article   10.5 Number portability 6
  • Article   10.6 Dialling parity 6
  • Article   10.7 Competitive safeguards 6
  • Article   10.8 Treatment by major suppliers 6
  • Article   10.9 Resale 6
  • Article   10.10 Interconnection 6
  • Article   10.11 Unbundling of network elements 7
  • Article   10.12 Provisioning and pricing of leased circuit services 7
  • Article   10.13 Co-location 7
  • Article   10.15 Independent telecommunications regulatory body 7
  • Article   10.16 Universal service 7
  • Article   10.17 Licensing process 7
  • Article   10.18 Allocation and use of scarce resources 7
  • Article   10.19 Transparency 7
  • Article   10.20 Unsolicited electronic messages 7
  • Article   10.21 Resolution of telecommunications disputes 7
  • Article   10.22 Sub-committee on telecommunications 7
  • Article   10.23 Relation to international organisations 7
  • Chapter   11 Financial services 7
  • Article   11.1 Scope 7
  • Article   11.2 Definitions 7
  • Article   11.4 Domestic regulation 7
  • Article   11.5 Recognition 7
  • Article   11.6 Transfers of information and processing of information 7
  • Article   11.7 Regulatory transparency 7
  • Article   11.8 Self-regulatory organisations 7
  • Article   11.9 Payment and clearing systems 7
  • Article   11.10 Sub-committee on financial services 7
  • Article   11.11 Consultations 7
  • Article   11.12 Dispute settlement 7
  • Chapter   12 Movement of natural persons 7
  • Article   12.1 Scope 7
  • Article   12.2 Definitions 7
  • Article   12.3 Specific commitments 7
  • Article   12.4 Transparency 7
  • Article   12.5 Requirements and procedures relating to the movement of natural persons 7
  • Article   12.6 Dispute settlement 8
  • Chapter   13 Electronic commerce 8
  • Article   13.1 Basic principles 8
  • Article   13.2 Definitions 8
  • Article   13.3 Customs duties 8
  • Article   13.4 Non-discriminatory treatment of digital products 8
  • Article   13.5 Domestic regulation 8
  • Article   13.6 Electronic signature 8
  • Article   13.7 Consumer protection 8
  • Article   13.8 Personal data protection 8
  • Article   13.9 Paperless trade administration 8
  • Article   13.10 Cooperation 8
  • Chapter   14 Investment 8
  • Article   14.1 Scope 8
  • Article   14.2 Definitions 8
  • Article   14.3 National treatment 8
  • Article   14.4 Most-favoured-nation treatment 8
  • Article   14.5 Minimum standard of treatment 8
  • Article   14.6 Access to the courts of justice 8
  • Article   14.7 Special formalities and information requirements 8
  • Article   14.8 Senior management and boards of directors 8
  • Article   14.9 Prohibition of performance requirements 8
  • Article   14.10 Non-conforming measures and exceptions 9
  • Article   14.11 Expropriation and compensation 9
  • Article   14.12 Treatment in case of strife 9
  • Article   14.13 Transfers 9
  • Article   14.14 Subrogation 9
  • Article   14.15 General exceptions 9
  • Article   14.16 Temporary safeguard measures 9
  • Article   14.17 Denial of benefits 9
  • Article   14.18 Sub-committee on investment 9
  • Article   14.19 Review 9
  • Chapter   15 Competition and consumer protection 9
  • Article   15.1 Objectives 9
  • Article   15.2 Definitions 9
  • Article   15.3 Promotion of competition by addressing anticompetitive activities 9
  • Article   15.4 State-owned enterprises 9
  • Article   15.5 Cooperation on addressing anticompetitive activities 9
  • Article   15.6 Cooperation on consumer protection 9
  • Article   15.7 Consultations 9
  • Article   15.8 Confidentiality of information 9
  • Article   15.9 Non-application of chapter 19 (dispute settlement) 9
  • Chapter   16 Intellectual property 9
  • Article   16.1 General provisions 9
  • Article   16.2 Definitions 9
  • Article   16.3 National treatment 10
  • Article   16.4 Streamlining of procedural matters 10
  • Article   16.5 Acquisition and maintenance of intellectual property rights 10
  • Article   16.6 Transparency 10
  • Article   16.7 Promotion of public awareness of protection of intellectual property 10
  • Article   16.8 Patents 10
  • Article   16.9 Trade marks 10
  • Article   16.10 Geographical indications 10
  • Article   16.11 New varieties of plants 10
  • Article   16.12 Copyright and related rights 10
  • Article   16.13 Protection of undisclosed information 10
  • Article   16.14 Utility models 10
  • Article   16.15 Unfair competition 10
  • Article   16.16 Internet service providers 10
  • Article   16.17 Enforcement — general 10
  • Article   16.18 Enforcement — border measures 10
  • Article   16.19 Enforcement — civil remedies 10
  • Article   16.20 Enforcement — criminal procedures and penalties 10
  • Article   16.21 Sub-committee on intellectual property 10
  • Chapter   17 Government procurement 10
  • Article   17.1 Scope 10
  • Article   17.2 Definitions 10
  • Article   17.3 National treatment and non-discrimination 10
  • Article   17.4 Rules of origin 10
  • Article   17.5 Valuation of contracts 10
  • Article   17.6 Prohibition of offsets 11
  • Article   17.7 Technical specifications 11
  • Article   17.8 Tendering procedures 11
  • Article   17.9 Conditions for participation 11
  • Article   17.10 Notice of procurement 11
  • Article   17.11 Selective tendering 11
  • Article   17.12 Time-limits for tendering 11
  • Article   17.13 Tender documentation 11
  • Article   17.14 Submission, receipt and opening of tenders and awarding of contracts 11
  • Article   17.15 Limited tendering 11
  • Article   17.16 Post-award information 11
  • Article   17.17 Information on the procurement system 11
  • Article   17.18 Non-disclosure of information 11
  • Article   17.19 Challenge procedure 11
  • Article   17.20 Exceptions 11
  • Article   17.21 Ensuring integrity in procurement processes 11
  • Article   17.22 Rectifications or modifications 11
  • Article   17.23 Privatisation of procuring entities 11
  • Article   17.24 Further negotiation 11
  • Article   17.25 Cooperation 11
  • Chapter   18 Promotion of a closer economic relationship 11
  • Article   18.1 Cooperation 11
  • Article   18.2 Sub-committee on promotion of a closer economic relationship 11
  • Article   18.3 Functions of the contact point 12
  • Article   18.4 Non-application of chapter 19 (dispute settlement) 12
  • Chapter   19 Dispute settlement 12
  • Article   19.1 Scope 12
  • Article   19.2 Definitions 12
  • Article   19.3 Choice of dispute settlement procedure 12
  • Article   19.4 Consultations 12
  • Article   19.5 Good offices, conciliation or mediation 12
  • Article   19.6 Establishment and composition of arbitral tribunals 12
  • Article   19.7 Terms of reference of arbitral tribunals 12
  • Article   19.8 Functions of arbitral tribunals 12
  • Article   19.9 Proceedings of arbitral tribunals 12
  • Article   19.10 Information in proceedings 12
  • Article   19.11 Suspension and termination of proceedings 12
  • Article   19.12 Award 12
  • Article   19.13 Implementation of award 12
  • Article   19.14 Disagreement concerning implementation 12
  • Article   19.15 Compensation and suspension of concessions 12
  • Article   19.16 Rules of Procedure 13
  • Article   19.17 Modifications of Time Periods, Rules and Procedures 13
  • Article   19.18 Expenses 13
  • Chapter   20 Final Provisions 13
  • Article   20.1 Table of Contents and Headings 13
  • Article   20.2 Annexes and Notes 13
  • Article   20.3 Amendment 13
  • Article   20.4 Entry Into Force 13
  • Article   20.5 General Review 13
  • Article   20.6 Termination 13
  • Article   20.7 Authentic Texts 13
  • Annex 6  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 13
  • Part   1 Schedule of Australia 13
  • Section   1 Notes for Sections 2 and 3 13
  • Section   2 13
  • 1 13
  • 2 13
  • 3 13
  • 4 14
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • 11 14
  • 12 14
  • 13 14
  • 14 14
  • 15 14
  • 16 14
  • 17 14
  • 18 15
  • 19 15
  • 20 15
  • 21 15
  • 22 15
  • 23 15
  • 24 15
  • 25 15
  • 26 15
  • 27 15
  • 28 15
  • 29 15
  • 30 15
  • 31 15
  • Section   3 15
  • 32 15
  • 33 15
  • 34 15
  • 35 16
  • Part   2 Schedule of japan 16
  • Section   1 Notes for section 2 16
  • Section   2 16
  • 1 16
  • 2 16
  • 3 16
  • 4 16
  • 5 16
  • 6 16
  • 7 16
  • 8 16
  • 9 16
  • 10 16
  • 11 16
  • 12 16
  • 13 17
  • 14 17
  • 15 17
  • 16 17
  • 17 17
  • 18 17
  • 19 17
  • 20 17
  • 21 17
  • 22 17
  • 23 17
  • 24 17
  • 25 17
  • 26 17
  • 27 18
  • 28 18
  • 29 18
  • 30 18
  • 31 18
  • 32 18
  • 33 18
  • 34 18
  • 35 18
  • 36 18
  • 37 18
  • 38 18
  • 39 18
  • 40 18
  • 41 18
  • 42 19
  • 43 19
  • 44 19
  • 45 19
  • 46 19
  • 47 19
  • 48 19
  • 49 19
  • 50 19
  • 51 19
  • 52 19
  • 53 19
  • 54 19
  • 55 19
  • 56 20
  • Annex 7  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 20
  • Part   1 Schedule of australia 20
  • Section   1 Notes for sections 2 and 3 20
  • Section   2 20
  • 1 20
  • 2 20
  • 3 20
  • 4 20
  • 5 20
  • 6 20
  • 7 20
  • 8 20
  • 9 20
  • 10 20
  • 11 20
  • 12 20
  • 13 20
  • 14 21
  • 15 21
  • 16 21
  • 17 21
  • 18 21
  • 19 21
  • Section   3 21
  • 20 21
  • 21 21
  • 22 21
  • 23 21
  • 24 21
  • Part   2 Schedule of japan 21
  • Section   1 Notes for section 2 21
  • Section   2 21
  • 1 21
  • 2 21
  • 3 21
  • 4 21
  • 5 22
  • 6 22
  • 7 22
  • 8 22
  • 9 22
  • 10 22
  • 11 22
  • 12 22
  • 13 22
  • 14 22
  • 15 22
  • Annex 8  Referred to in chapter 9 (trade in services) 22
  • 1 Scope 22
  • 2 Provision of information 22
  • 3 Recognition of qualifications 22
  • Annex 9  Referred to in chapter 11 (financial services) 22
  • Annex 10  Referred to in chapter 12 (movement of natural persons) 23
  • Part   1 Specific commitments of australia 23
  • Section   1 Business visitors of japan 23
  • Section   2 Intra-corporate transferees of japan 23
  • Section   3 Investors of japan 23
  • Section   4 Contractual service suppliers of japan 23
  • Section   5 Accompanying spouse and dependents 23
  • Part   2 Specific commitments of japan 23
  • Section   1 Short-term business visitors of australia 23
  • Section   2 Intra-corporate transferees of australia 23
  • Section   3 Investors of australia 23
  • Section   4 Natural persons of australia who engage in professional services 23
  • Section   5 Natural persons of australia who engage in business activities, which require technology or knowledge at an advanced level, on the basis of a personal contract with public or private organisations in japan 23
  • Section   6 Accompanying spouse and children 23
  • Annex 12  Referred to in chapter 14 (investment) 23
  • Implementing agreement between the government of japan and the government of australia pursuant to article 1.12 of the agreement between japan and australia for an economic partnership 23
  • Chapter   1 General provisions 23
  • 1.1 Scope and relationship to the basic agreement 23
  • Chapter   2 Rules of origin 23
  • 2.1 Issuance of certificate of origin 23
  • 2.2 Modification 23
  • 2.3 Language of documentary evidence of origin 23
  • 2.4 Consignment 23
  • 2.5 Minor errors 23
  • 2.6 Communications on origin verification 23
  • Chapter   3 Customs procedures 23
  • 3.1 Mutual assistance 23
  • 3.2 Information and communications technology 23
  • 3.3 Risk management 23
  • 3.4 Advance rulings 24
  • 3.5 Enforcement against illegal trafficking 24
  • 3.6 Intellectual property rights 24
  • 3.7 Exchange of information and confidentiality 24
  • Chapter   4 Final provisions 24
  • 4.1 Implementation 24
  • 4.2 Entry into force 24
  • 4.3 Amendment 24