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Taiwan - US Trade Initiative (2023)
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Section A. Exceptions

Article 7.1. General Exceptions

1. For the purposes of Chapter 2 (Customs Administration and Trade Facilitation), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis. (1)

2. For the purposes of Chapter 4 (Services Domestic Regulation), paragraphs (a), (b), and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis.

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

(1) For greater certainty, the existing rights and obligations of the United States and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu under the WTO Agreement that are incorporated into this Agreement shall be available to, or carried out by, the Parties, both on their own and through their Designated Representatives.

Article 7.2. Essential Security

Nothing In this Agreement shall be construed to:

(a) require a Party, either on its own or through its Designated Representative, to furnish or allow access to information the disclosure of which the authorities of the territory represented by the Party determine to be contrary to their essential security interests; or

(b) preclude any measure that the authorities of the territory represented by the Party consider necessary for the fulfilment of any obligations with respect to the maintenance or restoration of international peace or security, or for the protection of their own essential security interests.

Article 7.3. Taxation Measures

1. For the purposes of this Article, taxes and taxation measures include excise duties, but do not include:

(a) a "customs duty" as defined in Article 1.4 (General Definitions); or

(b) the measures listed in subparagraphs (b), (c), and (d) of that definition. 2. Except as provided in this Article, this Agreement does not apply to a taxation measure.

3. Chapter 2 (Customs Administration and Trade Facilitation) applies to value added taxes.

Article 7.4. Exceptions for Financial Services

1. Notwithstanding the other provisions of this Agreement except for Chapter 2 (Customs Aduministration and Trade Facilitation), nothing in this Agreement prevents the authorities of the territory represented by a Party from adopting or maintaining a measure for prudential reasons, (2) including for the protection of investors, depositors, policy holders, or persons to whom a fiduciary duty is owed by a supplier of financial services, or to ensure the integrity and stability of the financial system. If the measure does not conform with the provisions of this Agreement to which this exception applies, the measure shall not be used as a means of avoiding the commitments or obligations under those provisions.

2. Nothing in this Agreement applies to any non-discriminatory measure of general application taken by a central bank or monetary authority of the territory represented by a Party or a supplier of financial services owned or controlled by the authorities of the territory represented by the Party in pursuit of monetary and related credit policies or exchange rate policies.

3. Nothing in this Agreement restricts the authorities of the territory represented by a Party from preventing or limiting a transfer by a supplier of financial services to, or for the benefit of, an affiliate of or person related to that supplier, through the equitable, non-discriminatory and good faith application of a measure relating to maintenance of the safety, soundness, integrity, or financial responsibility of a supplier of financial services. Nothing in this paragraph prejudices any other provision of this Agreement that permits the restriction of such transfers.

4. For greater certainty, nothing in this Agreement prevents the authorities of the territory represented by a Party from adopting or maintaining a measure necessary to secure compliance with laws or regulations that are not inconsistent with this Agreement, including those relating to the prevention of deceptive and fraudulent practices or to deal with the effects of a default on financial services contracts.

(2) The term "prudential reasons" includes the maintenance of the safety, soundness, integrity, or financial responsibility of suppliers of financial services as well as the safety, and financial and operational integrity of payment and clearing systems.

Article 7.5. Rights of Indigenous Peoples

Provided that these measures are not used as a means of arbitrary or unjustified discrimination against persons of the territory represented by the other Party or as a disguised restriction on trade in goods, services, and investment, this Agreement does not preclude a Party, either on its own or through its Designated Representative, from adopting or maintaining a measure the authorities of the territory represented by the Party deem necessary to fulfill its obligations to Indigenous peoples.

Section B. General Provisions

Article 7.6. Disclosure of Information

This Agreement does not require a Party, either on its own or through its Designated Representative, to furnish or allow access to information, the disclosure of which would be contrary to law or would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Article 7.7. Contact Points

1. Each Party, in consultation with its Designated Representative, shall designate an overall contact point to facilitate communications between the Parties, their Designated Representatives, and the authorities of the territories represented by the Parties, on any matter covered by this Agreement.

2. Each Party, in consultation with its Designated Representative, shall designate contact points as may be required by this Agreement.

3. Unless otherwise provided in this Agreement, each Party shall notify the other Party in writing of any contact point provided for in this Agreement no later than 60 days after the date of entry into force of this Agreement.

4. Each Party shall promptly notify the other Party, in writing, of any changes to any contact point.

Chapter 8. FINAL PROVISIONS

Article 8.1. Annex and Footnotes

The annex and footnotes to this Agreement constitute an integral part of this Agreement.

Article 8.2. Amendments

1. The Parties may agree, in writing, to amend this Agreement.

2. An amendment shall enter into force 60 days after the date on which the latter Party has provided written notice to the other Party of the approval of the amendment in accordance with applicable legal procedures, or such other date as the Parties may agree.

Article 8.3. Amendment of the WTO Agreement

In the event of an amendment of the WTO Agreement that amends a provision that the Parties have incorporated into this Agreement, the Parties, in consultation with their Designated Representatives, shall, unless otherwise provided in this Agreement, consult on whether to amend this Agreement.

Article 8.4. Entry Into Force

Each Party shall notify the other Party, in writing, once the internal procedures required for entry into force of this Agreement have been completed. This Agreement shall enter into force the day following the date of the last notification.

Article 8.5. Review

1. The Parties, through their Designated Representatives, shall review implementation and operation of this Agreement no later than 90 days after the date of entry into force of this Agreement and thereafter as appropriate, but not less than annually.

2. Prior to a review, each Party, through its Designated Representative, shall, when appropriate, solicit views from the public, such as through advisory committees, regarding the implementation of this Agreement.

Article 8.6. Consultation

1. If at any time one Party has concerns with the other Party’s implementation of a provision of this Agreement, the concerned Party, in consultation with its Designated Representative, may request in writing consultations with the other Party. The Parties, in consultation with their Designated Representatives, shall make every attempt to arrive at a mutually satisfactory resolution.

2. The Parties, through their Designated Representatives, recognize the importance of implementation of each Chapter of this Agreement and their shared objective of promoting bilateral trade and investment.

Article 8.7. Termination

Either Party may terminate this Agreement by providing written notice of termination to the other Party. Termination shall take effect six months after the date of such notification.

Article 8.8. Authentic Texts

The English and Chinese texts of this Agreement are equally authentic.

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  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Agreement Regarding Trade 1
  • Article   1.2 Designated Representatives 1
  • Article   1.3 Delegated Authority 1
  • Section   Section B: General Definitions 1
  • Article   1.4 General Definitions 1
  • Chapter   2 CUSTOMS ADMINISTRATION AND TRADE FACILITATION! (1) 1
  • Article   2.1 Definitions 1
  • Article   2.2 Online Publication 1
  • Article   2.3 Communication with Traders 1
  • Article   2.4 Enquiry Points 1
  • Article   2.5 Advance Rulings 1
  • Article   2.6 Electronic Documentation and Systems for Traders 2
  • Article   2.7 E-Invoicing 2
  • Article   2.8 E-Invoicing Networks 2
  • Article   2.9 Exchange of Advance Electronic Data for Postal Shipments of Goods 2
  • Article   2.10 Electronic Payments 2
  • Article   2.11 Authorized Economic Operator (AEO) 2
  • Article   2.12 Single Window 2
  • Article   2.13 Release of Goods 2
  • Article   2.14 Express Shipments 2
  • Article   2.15 Returned Goods 2
  • Article   2.16 Shipping Containers and other Substantial Holders 2
  • Article   2.17 Agricultural and other Goods Vulnerable to Deterioration (AOQGVD) 2
  • Article   2.18 Humanitarian Cargo and Disaster Supplies 2
  • Article   2.19 Consular Transactions 2
  • Article   2.20 Review and Appeal of Customs Determinations 2
  • Article   2.21 Administrative Guidance 3
  • Article   2.22 Penalties 3
  • Article   2.23 Standards of Conduct 3
  • Article   2.24 Protection of Trader Information 3
  • Article   2.25 Cooperation 3
  • Article   2.26 Exchange of Specific Confidential Information 3
  • Article   2.27 Customs Compliance Visit Requests 3
  • Article   2.28 Confidentiality between Parties 3
  • Article   2.29 Trade Facilitation Committee 3
  • Article   2.30 Transitional Period 3
  • Chapter   3 GOOD REGULATORY PRACTICES 3
  • Article   3.1 Definitions 3
  • Article   3.2 Subject Matter and General Provisions 3
  • Article   3.3 Central Regulatory Coordinating Bodies or Mechanisms 3
  • Article   3.4 Internal Consultation, Coordination, and Review 3
  • Article   3.5 Information Quality 3
  • Article   3.6 Early Planning 3
  • Article   3.7 Regulatory Transparency Tools 3
  • Article   3.8 Use of Plain Language 3
  • Article   3.9 Transparent Development of Regulations 3
  • Article   3.10 Expert Advisory Groups and Bodies 3
  • Article   3.11 Regulatory Analysis 4
  • Article   3.12 Final Publication 4
  • Article   3.13 Review of Regulations Currently In Effect 4
  • Article   3.14 Suggestions for Improvement 4
  • Article   3.15 Information About Regulatory Processes and Authorities 4
  • Article   3.16 Encouragement of Regulatory Compatibility and Cooperation 4
  • Article   3.17 Committee on Good Regulatory Practices 4
  • Article   3.18 Contact Points 4
  • Annex 3-A  ADDITIONAL PROVISIONS CONCERNING THE SCOPE OF "REGULATIONS" AND "REGULATORY AUTHORITIES" 4
  • Chapter   4 DEVELOPMENT AND ADMINISTRATION OF SERVICES AUTHORIZATION MEASURES (SERVICES DOMESTIC REGULATION) 4
  • Article   4.1 Definitions 4
  • Article   4.2 Scope 4
  • Article   4.3 Development and Administration of Measures for Supply of a Service other Than a Financial Service 4
  • Article   4.4 Development and Administration of Measures for Supply of a Financial Service 4
  • Chapter   5 ANTICORRUPTION 5
  • Article   5.1 Definitions 5
  • Article   5.2 Scope and General Provisions 5
  • Article   5.3 Measures to Prevent and Combat Bribery and Corruption 5
  • Article   5.4 Persons That Report Bribery or Corruption Offenses 5
  • Article   5.5 Promoting Integrity Among Public Officials (4) 5
  • Article   5.6 Participation of Private Sector, Worker Organizations, and Civil Society 5
  • Article   5.7 Application and Enforcement of Measures Adopted or Maintained to Prevent and Combat Bribery and Corruption 5
  • Chapter   6 SMALL AND MEDIUM-SIZED ENTERPRISES 5
  • Article   6.1 General Principles on Small and Medium-Sized Enterprises 5
  • Article   6.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 5
  • Article   6.3 Information Sharing 5
  • Article   6.4 SME Dialogue 5
  • Chapter   7 EXCEPTIONS AND GENERAL PROVISIONS 6
  • Section   A Exceptions 6
  • Article   7.1 General Exceptions 6
  • Article   7.2 Essential Security 6
  • Article   7.3 Taxation Measures 6
  • Article   7.4 Exceptions for Financial Services 6
  • Article   7.5 Rights of Indigenous Peoples 6
  • Section   B General Provisions 6
  • Article   7.6 Disclosure of Information 6
  • Article   7.7 Contact Points 6
  • Chapter   8 FINAL PROVISIONS 6
  • Article   8.1 Annex and Footnotes 6
  • Article   8.2 Amendments 6
  • Article   8.3 Amendment of the WTO Agreement 6
  • Article   8.4 Entry Into Force 6
  • Article   8.5 Review 6
  • Article   8.6 Consultation 6
  • Article   8.7 Termination 6
  • Article   8.8 Authentic Texts 6
    • Name
    Taiwan - US Trade Initiative (2023)
    PDF Link
    Taiwan - US Trade Initiative (2023)
    Signed date
    01 / Jun / 2023
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    TWA,USA
    PDF
    PDF
    Original PDF
    Original PDF