business by any modem means, including by telephone, video or computer links. The Panel may delegate to the chairperson the authority to make administrative and procedural decisions. 11. Panel deliberations shall be confidential. Only panelists may take part in the deliberations of the Panel. The reports of panels shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 12. Opinions expressed in the panel report by individual panelists shall be anonymous. Hearings 13. The Parties shall be given the opportunity to attend hearings of the Panel. 14. The timetable established in accordance with paragraph I shall provide for at least one hearing and maximum three hearings for the Parties to present their cases to the Panel. 15. The Panel may convene additional hearings if the Parties so agree. 16. All panelists shall be present at hearings. Panel hearings shall be held online or exceptionally in person in closed session with only the panelists and the Parties in attendance. However, in consultation with the Parties, assistants may also be present at hearings to assist the Panel in its work. Any such arrangements established by the Panel may be modified with the agreement of the Parties. 17. The hearing shall be conducted by the Panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The Panel shall conduct the hearing in the following manner: argument of the complaining Party; argument of the respondent Party; the reply of the complaining Party; the counter-reply of the respondent; closing statement of the complaining Party; and closing statement of the respondent Party. The Chairperson may set time limits for oral arguments to ensure that each Party is afforded equal time. Each Party will provide the Panel and the other Party all its oral statements and replies in writing no later than one day after the hearing. Questions 18. The Panel may direct questions to either Party at any time during the proceedings, subject to notification to the other Party. The Parties shall respond promptly and fully to any request by the Panel for such information as the Panel considers necessary and appropriate. 19. Where the question is in writing each Party shall also provide a copy of its response to such questions to the other Party at the same time as it is delivered to the Panel. Each Party shall be given the opportunity to provide written comments on the response of the other Party. 15-A-2
Confidentiality 20. The Panel's hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential information submitted to the Panel by the other Party which that Party has designated as confidential. 2 I. Where a Party designates as confidential its written submissions to the Panel, it shall, on request of the other Party, provide the Panel and the other Party with a non-confidential summary of the information contained in its written submissions that could be disclosed to the public no later than 10 days after the date of request. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public. Working language 22. The working language of the Panel proceedings, including for written submissions, oral arguments or presentations, the report of the Panel and all written and oral communications between the Parties and with the Panel, shall be English. Venue 23. If held in person the venue for the hearings of the Panel shall be decided by agreement between the Parties. lfthere is no agreement, the first hearing shall be held in the territory of the respondent Party, and any additional hearings shall alternate between the territories of the Parties. Expenses 24. The Panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants. Indicative Timetable for the Panel 25. Panel established on xx/xx/xxxx. 26. Receipt of first written submissions of the Parties: (a) complaining Party: 15 days after the date of appointment of the final panelist; (b) respondent Party: 15 days after (a); 27. Date of the first hearing with the Parties: 20 days after receipt of the first submission of the respondent Party against; 15-A-3
28. Receipt of written supplementary submissions of the Parties: IO days after the date of the first hearing; 29. Issuance of interim report to the Parties: 90 days of the date of composition of the Panel; 30. Deadline for the Parties to provide written comments on the interim report: 15 days after the issuance of the interim report; and 31. Issuance of final report to the Parties: within 120 days of the date of composition of the Panel. 1r 15-A-4
APPENDIX 15B. CODE OF CONDUCT FOR PANELISTS
Definitions I. For the purposes of this Appendix: (a) Assistant means a person who, under the tenn of appointment of a panelist, conducts research or provides support for the Panel, which number will be not exceed three; (b) Panelist means a member ofa Panel established under Article 15.8; and ( c) Proceeding, unless otherwise specified, means the proceeding of a Panel under this Chapter. Responsibilities to the Process 2. Every panelist shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved. Fonner panelists shall comply with the obligations established in paragraphs 18 through 22. Disclosure Obligations 3. Prior to confinnation of his or her selection as a panelist under this Chapter, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. 4. Once selected, a panelist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disciose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panelist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding. Performance of Duties by Panelists 5. A panelist shall comply with the provisions of this Chapter and the applicable rules of procedure. 6. On selection, a panelist shall perfonn his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence. 15-B-l
7. A panelist shall not deny other panelists the opportunity to participate in all aspects of the proceeding. 8. A panelist shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person. 9. A panelist shall take all appropriate steps to ensure that the Panel assistants are aware of, and comply with paragraphs 2, 3, 4, 19, 20, and 21. 10. A panelist shall not engage in ex parte contacts concerning the proceeding. 1 I. A panelist shall not communicate matters concerning actual or potential violations of this Appendix by another panelist unless the communication is to both Parties or is necessary to ascertain whether that panelist has violated or may violate this Appendix. Independence and Impartiality of Panelists 12. A panelist shall be independent and impartial. A panelist shall act in a fair manner ar,d shall avoid creating an appearance of impropriety or bias. 13. A panelist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism. 14. A panelist shall not, directly. or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panelist's duties. 15. A panelist shall not use his or her position on the Panel to advance any personal or private interests. A panelist shall avoid actions that may create the impression that others are in a special position to influence the panelist. A panelist shall make every effort to prevent or discourage others from representing themselves as being in such a position. ? 16. A panelist shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the panelist's conduct or judgment. 17. A panelist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the pane.list's impartiality or that might reasonably create an appearance of impropriety or bias. Duties in Certain Situations 18. A panelist or former panelist shall avoid actions that may create the appearance that the panelist was biased in carrying out the panelist's duties or would benefit from the decision or report of the Panel. 15-8-2
Maintenance of Confidentiality 19. A panelist or former panelist shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others. 20. A panelist shall not disclose a Panel report, or parts thereof, prior to its publication. 21. A panelist or former panelist shall not at any time disclose the deliberations of a Panel, or any panelist's view, except as required by legal or constitutional requirements. 22. In the case the disclosure referred in paragraph 21 is required, the persons listed in paragraph 21 shall provide sufficient advance notice to the Parties and the disclosure shall not be broader than necessary to satisfy the legitimate purpose of the disclosure.
Chapter 16. EXCEPTIONS
Article 16.1: General Exceptions
1. For the purposes of Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Sanitary and Phytosanitary Measures), 5 (Technical Barriers to Trade), and 6 (Customs Procedures and Trade Facilitation), and Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis. 2. For the purposes of Chapters 8 (Trade in Services) and Chapter 9 (Digital Trade)35, Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis. Article 16.2: Security Exceptions Nothing in this Agreement shall be construed: (a) to require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; (b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: (i) relating to fissionable and fusionable materials or the materials from which they are derived; (ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; (iv) taken in time of war or other emergency in international relations; or ( c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. Article 16.3: Taxation I. Nothing in this Agreement shall apply to any taxation measure.36 35 This paragraph is without prejudice to whether a Party considers a digital product to be a product or service. 36 For the avoidance of doubt, provisions 0fthis Agreement where corresponding rights and obligations are also granted or imposed under the WTO Agreement shall apply to taxation measures 16-1
2. Nothing in this Agreement shall affect the rights and obligations of a Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency. 16-2
Chapter 17. ADMINISTRATION OF THE AGREEMENT
Article 17.1: Joint Committee 1. The Parties hereby establish a Joint Committee. 2. The Joint Committee: (a) shall be composed of representatives of the Serbia and UAE; and (b) may establish standing or ad hoc subcommittees or working groups and assign any of its powers thereto. 3. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet every two years unless the Parties agree otherwise, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of the Parties. 4. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party. 5. The functions of the Joint Committee shall be as follows: (a) to review and assess the results and overall operation of this Agreement in the light of its objectives and the experience gained during its application; (b) to consider any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement; (c) to endeavour to amicably resolve disputes between the Parties arising from the interpretation or application of this Agreement; (d) to supervise and coordinate the work of all subcommittees and working groups established under this Agreement; ( e) to consider any other matter that may affect the operation of this Agreement; (t) if requested by either Party, to propose a mutually agreed interpretation to be given to the provisions of this Agreement; (g) to adopt decisions or make recommendations as envisaged by this Agreement; and (h) to carry out any other functions as may be agreed by the Parties. 6. The Joint Committee shall establish its own working procedures. 17-1
7. Meetings of the Joint Committee and of any standing or ad hoc subcommittees or working groups may be conducted in person or by any other means as determined by the Parties. Article 17.2: Communications I. Each Party shall designate a contact point to receive and facilitate official communications between the Parties on any matter relating to this Agreement. 2. All official communications in relation to this Agreement shall be in the English language.
Chapter 18. FINAL PROVISIONS
Article 18.1. Annexes, Side Letters, and Footnotes
The Annexes, Side letters, and footnotes to this Agreement constitute an integral part of this Agreement.
Article 18.2. Amendments
1. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration.
2. Amendments to this Agreement shall be submitted to the Parties for ratification, acceptance or approval in accordance with the constitutional requirements or legal procedures of the respective Parties.
3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 18.5, unless otherwise agreed by the Parties.
Article 18.3. Accession
Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between the country or group of countries and the Parties and following approval in accordance with the applicable legal requirements and procedures of each Party and acceding country.
Article 18.4. Duration and Termination
1. This Agreement shall be valid for an indefinite period.
2. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six months after the date of the notification.
Article 18.5. Entry Into Force
1. The Parties shall ratify this Agreement in accordance with their internal legal procedures.
2. When a Party has ratified this Agreement in accordance with its internal legal procedures, that Party shall notify the other Party of such ratification, approval or acceptance in writing, through diplomatic channels, within a period of60 days from such ratification, approval or acceptance.
3. Unless the Parties agree otherwise, where both Parties have notified each other of such ratification, approval or acceptance, this Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification.
Article 18.6. Authentic Texts
This Agreement is done in Arabic, Serbian and English languages. All texts shall be equally authentic. In case of any divergence, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
For the Government of the United Arab Emirates
For the Government of the Republic of Serbia