The Parties recognise the importance of strengthening their stable relationship in trade in food.
Article 7.2. Definitions
For the purposes of this Chapter, the term "essential food" means any good listed in Annex 4 (List of Essential Food).
Article 7.3. Export Restrictions on Essential Food
1. Each Party shall endeavour not to introduce or maintain any prohibitions or restrictions on the exportation or sale for export of any essential food to the other Party as set out in paragraph 2(a) of Article XI of the GATT 1994.
2. Where a Party intends to adopt an export prohibition or restriction on an essential food to the other Party in accordance with paragraph 2(a) of Article XI of the GATT 1994, it shall:
(a) seek to limit such prohibition or restriction to the extent necessary, giving due consideration to its possible negative effects on the other Party's food security;
(b) before adopting such a prohibition or restriction, provide notice in writing, as far in advance as practicable, to the other Party of such prohibition or restriction and its reasons, together with its nature and expected duration; and
(c) on request, provide the other Party with reasonable opportunity for consultation with respect to any matter related to such prohibition or restriction with a view to minimising the negative effects on the other Party's food security.
3. The Parties shall review this Article with a view to considering the approach on avoiding the introduction or maintenance of any prohibition or restriction on the exportation or sale for export of essential food ten years after the date of entry into force of this Agreement, unless the Parties otherwise agree.
Article 7.4. Promotion and Facilitation of Investment
In order to promote investment in the food sector, each Party shall designate a contact point to respond to all enquiries from interested parties in the other Party regarding investment in the food sector and, if appropriate, to provide the relevant information.
Article 7.5. Consultations for Supply of Essential Food
1. Each Party shall designate a contact point for each essential food for prompt communication.
2. Each Party shall promptly notify the other Party when a significant decrease in the export volume of any essential food is forescen.
3. The Parties shall enter into consultations with respect to the matters specified in paragraph 2 with a view to supporting stable trade in essential food. Such consultations shall be held by representatives of the Governments of the Parties, and the Governments of the Parties may invite representatives of other public and private entities with necessary expertise relevant to the issues to be discussed.
Chapter 8. Energy and Mineral Resources
Article 8.1. Basic Principle
The Parties recognise the importance of strengthening their stable and mutually beneficial relationship in the energy and mineral resources sector.
Article 8.2. Definitions
For the purposes of this Chapter:
(a) the term "energy and mineral resource good" means any good listed in Annex 5 (List of Energy and Mineral Resource Goods),
(b) the term "energy and mineral resource regulatory body" means any body responsible for the regulation of energy and mineral resources;
(c) the term "energy and mineral resource regulatory measure" means any measure by one or more energy and mineral resource regulatory body that directly affects the exploration, extraction, processing, production, transportation, distribution or sale of an energy and mineral resource good; and
(d) the term "export licensing procedures" means administrative procedures, whether or not referred to as "licensing", used by a Party for the operation of export licensing regimes requiring the submission of an application or other documentation, other than that required for customs clearance purposes, to the relevant administrative body, as a prior condition for exportation from that Party.
Article 8.3. Stable Supply of Energy and Mineral Resources
1. Recognising the importance of a stable supply of energy and mineral resource goods and the role that trade, investment and cooperation (including on infrastructure development) play in achieving long term security, cach Party shall take reasonable measures as may be available to it for that purpose.
2. Without prejudice to Article 19.4 (Dispute Settlement — Consultations), if there arises a severe and sustained disruption to supply of an energy and mineral resource good or threat thereof, a Party may request consultations with the other Party. When such a request is made, the other Party shall reply promptly to the request and enter into consultations to discuss the matter within a reasonable period of time after the date of receipt of that request. The Parties shall explore and endeavour to take any appropriate actions available to them that would contribute to the resolution of the disruption or threat thereof described above.
Article 8.4. Export Restrictions
1. Each Party shall endeavour not to introduce or maintain any prohibitions or restrictions on the exportation or sale for export of any energy and mineral resource goods as set out in paragraph 2(a) of Article XI, or taken consistently with Article XX(g), of the GATT 1994.
2. Where a Party intends to adopt an export prohibition or restriction on an energy and mineral resource good in accordance with paragraph 2(a) of Article XI or Article XX(g) of the GATT 1994, the Party shall:
(a) seek to limit such prohibition or restriction to the extent necessary, giving due consideration to its possible negative effects on the other Party's energy and mineral resources security;
(b) provide notice in writing, as far in advance as practicable, to the other Party of such prohibition or restriction and its reasons together with its nature and expected duration; and
(c) on request, provide the other Party with a reasonable opportunity for consultation with respect to any matter related to such prohibition or restriction.
Note: For greater certainty, nothing in this Article shall be construed to require the Parties to take any measures inconsistent with the relevant provisions of the GATT 1994.
Article 8.5. Export Licensing Procedures and Administrations
If a Party adopts or maintains export licensing procedures with respect to an energy and mineral resource good:
(a) the implementation shall be undertaken in a transparent and predictable manner, in accordance with its laws and regulations;
(b) all information concerning procedures for the submission of applications, the administrative bodies to be approached and the lists of products subject to the licensing requirement shall be published, as soon as possible, in such a manner as to enable the other Party and traders of the other Party to become acquainted with them. Any modification to export licensing procedures or the list of products subject to export licensing shall also be published in the same manner;
(c) the Party shall provide, on request of the other Party, all relevant information concerning the administration of the restrictions in accordance with its laws and regulations;
(d) when administering quotas by means of export licensing, the Party shall inform the other Party of the overall amount of quotas to be applied and any change thereof;
(e) the Party shall hold consultations on request of the other Party, on the ules for such procedures with the other Party; and
(f) if a licence application is not approved, an applicant of the other Party shall, on request, be given the reason therefor and shall have a right of appeal or review in accordance with the legislation or procedures of the Party to which the licence application is submitted.
Article 8.6. Energy and Mineral Resource Regulatory Measures
1. In the introduction of any energy and mineral resource regulatory measure of general application after the date of entry into force of this Agreement, a Party shall take into consideration the impact on commercial activities and implement such measure in an orderly and equitable manner in accordance with its laws and regulations.
2. Onrequest of a Party, the other Party shall promptly provide information and respond to questions pertaining to any new energy and mineral resource regulatory measure of general application.
3. In cases where a Party adopts any new energy and mineral resource regulatory measure of general application that might materially affect the operation of this Chapter or otherwise substantially affect the other Party's interests under this Chapter, the Party shall notify the other Party of such measure prior to the implementation of such measure, or as soon as possible thereafter.
4. Where a Party adopts any new energy and mineral resource regulatory measure under paragraph 3, it shall, on request of the other Party, hold consultations with the other Party. Each Party shall accord due consideration to views presented by the other Party in the course of such consultations.
Article 8.7. Cooperation
The Parties shall, in accordance with their respective laws and regulations andsubject to their available resources, promote cooperation for strengthening stable and mutually beneficial relationships in the energy and mineral resources sector.
Article 8.8. Sub-committee on Energy and Mineral Resources
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Energy and Mineral Resources (hereinafter referred to in this Article as "the Sub-Committee").2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) exchanging information on any matters related to this Chapter;
(c) reviewing the provisions of this Chapter, taking into account developments in the energy and mineral resources sector;
(d) discussing any issues related to this Chapter, in cooperation, where appropriate, with other relevant Sub-Committees established in accordance with this Agreement;
(e) as appropriate, reporting the findings of the Sub-Committee, and making recommendations to the Joint Committee; and
(f) carry out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall meet at such venues and times and by such means as may be agreed by the Parties.
4. The Sub-Committee shall be composed of and co-chaired by representatives of the Governments of the Parties.
5. The Sub-Committee may invite, by consensus, representatives of relevant entities other than the Governments of the Parties, including from the private sector, or regional or local governments, with expertise relevant to the issues to be discussed, to attend meetings of the Sub-Committee.
Chapter 9. Trade In Services
Article 9.1. Scope
1. This Chapter shall apply to measures adopted or maintained by a Party affecting trade in services, including measures with respect to:
(a) the supply of a service;
Note: Measures with respect to the supply of a service include those with respect to the provision of any financial security as a condition for the supply of a service.
(b) the purchase or use of, or payment for, a service;
(c) the access to services offered to the public generally and the use of them, in connection with the supply of a service; and
(d) the presence in its Area of a service supplier of the other Party.
2. This Chapter shall not apply to:
(a) with respect to air transport services, measures affecting traffic rights, however granted, or measures affecting services directly related to the exercise of traffic rights, other than measures affecting:
(i) aircraft repair and maintenance services;
ii) the selling and marketing of air transport services; and
(iii) computer reservation system services;
Note: The Parties note the multilateral negotiations with respect to the review of the Annex on Air Transport Services of the GATS. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.
(b) government procurement;
(c) subsidies provided by a Party or a state enterprise thereof including grants, government-supported loans, guarantees and insurance, except as provided for in Article 9.11;
(d) measures affecting natural persons of a Party seeking access to the employment market of the other Party, or measures regarding nationality or citizenship, or residence or employment on a permanent basis; and services supplied in the exercise of governmental authority.
Article 9.2. Definitions
For the purposes of this Chapter:
(a) the term "aircraft repair and maintenance services" means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and does not include so-called line maintenance;
(b) the term "commercial presence" means any type of business or professional establishment, including through:
(i) the constitution, acquisition or maintenance of an enterprise; or
ii) the creation or maintenance of a branch or a representative office,
within the Area of a Party for the purposes of supplying a service;
(c) the term "computer reservation system services" means services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
(d) the term "enterprise of the other Party" means an enterprise which is either:
(i) constituted or otherwise organised in accordance with the law of the other Party; or
(ii) in the case of the supply of a service through commercial presence, owned or controlled by:
(A) natural persons of the other Party; or
(B) enterprises of the other Party identified under subparagraph (i);
(e) the term "measure adopted or maintained by a Party" means any measure adopted or maintained by:
(i) central, regional or local governments or authorities of a Party; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities of a Party;
(f) the term "monopoly supplier of a service" means any person, public or private, which in the relevant market of the Area of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;
(g) the term "selling and marketing of air transport services" means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions;
(h) the term "service consumer" means any person that receives or uses a service;
(i) the term "services of the other Party" means services which are supplied:
(i) from or in the Area of the other Party, or in the case of maritime transport services, by a vessel registered in accordance with the law of the other Party, or by a person of the other Party which supplies the services through the operation of a vessel or its use in whole or in part; or
(ii) in the case of the supply of services through commercial presence or through the presence of natural persons, by service suppliers of the other Party;
(j) the term "service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers;
(k) the term "service supplier" means any person that seeks to supply or supplies a service;
Note: Where the service is not supplied or sought to be supplied directly by an enterprise but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.c. the enterprise) shall, nonetheless, through such commercial presence be accorded the treatment provided for service suppliers in accordance with this Chapter. Such treatment shall be extended to the commercial presence through which the service is supplied or sought to be supplied and need not be extended to any other parts of the supplier located outside the Area of a Party where the service is supplied or sought to be supplied.
(l) the term "state enterprise" means an enterprise owned or controlled by a Party;
(m) the term "supply of a service" includes the production, distribution, marketing, sale and delivery of a service;
(n) the term "trade in services" means the supply of a service:
(i) from the Area of a Party into the Area of the other Party "cross-border supply mode");
(ii) in the Area of a Party to the service consumer of the other Party ("consumption abroad mode");
(iii) by a service supplier of a Party, through commercial presence in the Area of the other Party ("commercial presence mode"); and
(iv) by a service supplier of a Party, through presence of natural persons of that Party in the Area of the other Party ("presence of natural persons mode"); and
(o) the term "traffic rights" means the rights for scheduled and non- scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over a Party, including points to be served, routes to be operated, types of traffic to be carried, capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership and control.
Article 9.3. Market Access
1. With respect to market access through the modes of supply defined in subparagraph (n) of Article 9.2, a Party shall not adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire Area, measures that are defined as:
(a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;
(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirements of an economic needs test;
(c) limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirements of an economic needs test;
Note: This subparagraph shall not apply to measures of a Party which limit inputs for the supply of services.
(d= limitations on the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirements of an economic needs test;
(e) measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; and
(f) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2. With respect to the supply of a service through the mode of supply referred to in subparagraph (n)(i) of Article 9.2, where the cross-border movement of capital is an essential part of the service itself, a Party shall allow such movement of capital. With respect to the supply of a service through the mode of supply referred to in subparagraph (n)(iii) of Article 9.2, a Party shall allow related transfers of capital into its Area.
Article 9.4. National Treatment
1. Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords to its own like services and service suppliers.
Note: Nothing in this Article shall be construed to require either Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.
2. The dispute settlement procedures provided for in Chapter 19 (Dispute Settlement) shall not apply to this Article with respect to a measure of the other Party that falls within the scope of an international agreement between the Parties relating to the avoidance of double taxation.
Article 9.5. Most-favoured-nation Treatment
Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of any non-Party.
Article 9.6. Local Presence
Neither Party shall require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its Area as a condition for the supply of a service.
Note: This Article shall not apply to the supply of a service described in subparagraph (n)(iii) of Article 9.2.
Article 9.7. Non-conforming Measures
1. Articles 9.3, 9.5 and 9.6 and paragraph 1 of Article 9.4 shall not apply to: (a) any non-conforming measure that is maintained by the following on the date of entry into force of this Agreement, as set out in Schedules in Annex 6 (Non-Conforming Measures Relating to Paragraph 1 of Articles 9.7 and 14.10):
(i) the central government of a Party; or (ai) a State or Territory of Australia or a prefecture of Japan;
(b) any non-conforming measure that is maintained by a local government other than a prefecture or a State or Territory referred to in subparagraph (a)(ii) on the date of entry into force of this Agreement;
(c) the continuation or prompt renewal of any non-conforming measure referred to in subparagraphs (a) and (b); or
(d) an amendment or modification to any non-conforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure, as it existed immediately before the amendment or modification, with Articles 9.3, 9.5 and 9.6 and paragraph 1 of Article 9.4.
2. Articles 9.3, 9.5 and 9.6 and paragraph 1 of Article 9.4 shall not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex 7 (Non-Conforming Measures Relating to Paragraph 2 of Articles 9.7 and 14.10).
3. In cases where a Party makes an amendment or modification to any non- conforming measure set out in its Schedule in Annex 6 (Non-Conforming Measures Relating to Paragraph 1 of Articles 9.7 and 14.10) or where a Party adopts any new or more restrictive measure with respect to sectors, sub-sectors or activities set out in its Schedule in Annex 7 (Non-Conforming Measures Relating to Paragraph 2 of Articles 9.7 and 14.10) after the date of entry into force of this Agreement, the Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or as soon as possible thereafter:
(a) on request of the other Party, promptly provide information and respond to questions pertaining to any such proposed or actual amendment, modification or measure;
(b) to the extent possible, provide a reasonable opportunity for comments by the other Party on any such proposed or actual amendment, modification or measure; and
(c) to the maximum extent possible, notify the other Party of any such amendment, modification or measure that may substantially affect the other Party's interests under this Agreement.
4. Each Party shall endeavour, where appropriate, to reduce or eliminate the non- conforming measures set out in its Schedules in Annexes 6 (Non-Conforming Measures Relating to Paragraph 1 of Articles 9.7 and 14.10) and 7 (Non-Conforming Measures Relating to Paragraph 2 of Articles 9.7 and 14.10) respectively.
Article 9.8. Domestic Regulation
1. Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, on request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Paragraph 2 shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
4. With a view to ensuring that any measure adopted or maintained by a Party relating to the authorisation, licensing or qualification of service suppliers or to the technical standards of the other Party does not constitute an unnecessary barrier to trade in services, each Party shall endeavour to ensure that such measure:
(a) is based on objective and transparent criteria, such as the competence and ability to supply services;
(b) is not more burdensome than necessary to ensure the quality of services; and (c) does not constitute a disguised restriction on the supply of services.
5. If the results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, the Parties shall jointly review those results with a view to their incorporation into this Agreement, as considered appropriate by the Parties.