1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Subcommittee on Economic Cooperation ("Economic Cooperation Subcommittee").
2. The Economic Cooperation Subcommittee shall be chaired on the Serbia side by the Serbian Ministry in charge of bilateral economic cooperation and on the UAE side by the UAE Ministry of Economy.
3. The Economic Cooperation Subcommittee shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Annual Work Programme proposals and their implementation mechanisms;
(d) coordinate, monitor, and review progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter;
(e) suggest amendments to the Annual Work Programme through periodic evaluations;
(f) cooperate with other subcommittees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(h) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
Article 14.4. Annual Work Program on Economic Cooperation Activities
1. The Economic Cooperation Subcommittee shall adopt the Annual Work Program based on proposals submitted by the Parties.
2. Each activity in the Annual Work Program developed under this Chapter shall:
(i) be guided by the objectives agreed in Article 14.1;
(ii) be related to trade or investment and support the implementation of this Agreement;
(iii) involve both Parties;
(iv) address the mutual priorities of the Parties; and
(v) avoid duplicating existing economic cooperation activities.
Article 14.5. Competition Policy
1. The Parties recognise the importance of general cooperation in the area of competition policy. The Parties may cooperate to exchange information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities.
2. The Parties may consult on matters related to anti-competitive practices and their adverse effects on trade. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations.
Article 14.6. Global Value Chains
1. The Parties acknowledge the importance of Global Value Chains ("GVCs"), as a means to modernize and widen bilateral economic relation between their traders and investors.
2. The Parties acknowledge that international trade and investment are engines of economic growth and intend to facilitate their companies' internationalization and their insertion into GVCs.
3. The Parties affirm the relevance of micro, small and medium enterprises in a country's productive structure and their impact on employment, and that their adequate insertion into GVCs will contribute to a better allocation of resources and the economic benefits derived from international trade, including the diversification and enhancing of value added in exports.
4. The Parties acknowledge the importance of the participation of the private sector as well as the entrepreneurial community as fundamental actors within GVCs, and the relevance of creating an adequate environment.
Article 14.7. Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support the implementation of the Annual Work Program.
Article 14.8. Means of Cooperation
The Parties shall endeavour to encourage technical, technological and scientific economic cooperation, through the following:
(a) joint organization of conferences, seminars, workshops, meetings, training sessions and outreach and education programs;
(b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and governmental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties' private sector and agencies involved in trade promotion;
(d) initiation of the knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernization to other countries through UAE's Government Experience Exchange Programme;
(e) promotion of joint business initiatives between entrepreneurs of the Parties; and
(f) any other form of cooperation that may be agreed by the Parties.
Article 14.8. Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.
Chapter 15. DISPUTE SETTLEMENT
Article 15.1: Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article 15.2: Cooperation
The Parties shall endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
Article 15.3: Scope of Application
1. Unless otherwise provided for in this Agreement, this Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation, implementation, or application of this Agreement (hereinafter referred to as "covered provisions''), wherever a Party considers that: (a) a measure of the other Party is inconsistent with its obligations under this Agreement; or (b) the other Party otherwise failed to carry out its obligations under this Agreement.
2. This Chapter shall not cover non-violation complaints and other situation complaints.
Article 15.4: Contact Points
Any request, notification, written submission or other document made in accordance with this Chapter shall be delivered to the other Party through its contact point referred to in Article 17.2 (Communications).
Article 15.5: Request for Information
Before a request for consultations, good offices, conciliation or mediation is made pursuant to Article 15.6 or 15.7 respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date ofreceipt of the request.
Article 15.6: Consultations
1. The Parties shall endeavor to resolve any dispute referred to in Article 15.3 by entering into consultations in good faith with the aim of reaching a mutually agreed solution. 2. A Party shall seek consultations by means of a written request delivered to the other Party giving the reasons for the request, including identification of the measures at issue, a description of the factual basis, and an indication of the legal basis specifying the covered provisions that it considers applicable. 3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than IO days after the date of receipt of the request. Consultations shall be held within 30 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days of the date ofreceipt of the request, unless the Parties agree otherwise. 4. Consultations on matters of urgency, including those which concern perishable goods, shall be held within 15 days of the date of receipt of the request. The consultations shall be deemed to be concluded within those 15 days unless the Parties agree otherwise. 5. During consultations, each Party shall provide sufficient information so as to allow a complete examination of the measure at issue including how that measure is affecting the operation and application of this Agreement. 6. ? Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings. 7. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the territory of the Party to which the request is made. 8. If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4, respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 15.8.
Article 15.7: Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to enter into procedures for good offices, conciliation or mediation. They may begin at any time and be terminated by either Party at any time.
2. Proceedings involving good offices, conciliation or mediation, and the particular positions taken by the Parties in these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties.
3. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the panel procedures proceed.
Article 15.8: Establishment of a Panel
1. The complaining Party may request the establishment of a Panel if: (a) the respondent Party does not reply to the request for consultations within the time frames in Article 15.6; (b) the consultations referred to in Article 15.6 are not held or fail to settle a dispute within 30 days, or 15 days in relation to urgent matters including those which concern perishable goods, after the date of the receipt of the request for consultations by the respondent Party. 2. The request for the establishment of a Panel shall be made by means of a written request delivered to the other Party and shall identify the measure at issue and indicate the factual basis of the complaint and the legal basis specifying the relevant covered provisions in a manner sufficient to present how such measure is inconsistent with those provisions. 3. When a request is made by the complaining Party in accordance with paragraph 1, a Panel shall be established. Article 15.9: Composition of a Panel 1. Unless the Parties agree otherwise, a Panel shall consist of three panelists. 2. Within 20 days after the establishment of a Panel, each Party shall appoint a panelist. The Parties shall, by common agreement, appoint the third panelist, who shall serve as the chairperson of the Panel, within 40 days after the establishment ofa Panel. 3. If either Party fails to appoint a panelist within the time period established in paragraph 2, the other Party may request that the Director-General of the WTO designate the unappointed panelist within 20 days of that request. 4. If the Parties do not agree on the chairperson of the Panel within the time period established in paragraph 2, they shall within the next 10 days, exchange their respective lists comprising three nominees each who shall not be nationals or permanent residents of either Party. The chairperson shall then be appointed by draw oflot from the lists within 10 days after the expiry of the time period during which the Parties shall exchange their respective lists ofnominees. The selection by lot of the chairperson of the Panel shall be made by the Joint Committee. 15-3
5. If a Party fails to submit its list of three nominees within the time period established in paragraph 4, the chairperson shall be appointed by draw of lot from the list submitted by the other Party. 6. The date of composition of the Panel shall be the date on which the last of the three selected panelists has notified to the Parties the acceptance of his or her appointment. Article 15.10: Decision on Urgency If a Party so requests, the Panel shall decide, within 15 days of its composition, whether the dispute concerns matters of urgency. Article I 5.11: Requirements for Panelists I. Each panelist shall: (a) have demonstrated expertise in law, international trade, and other matters covered by this Agreement; (b) be independent of, and not be affiliated with or take instructions from, either Party; ( c) serve in their individual capacities and not take instructions from any organization or government with regard to matters related to the dispute; (d) comply with the Code of Conduct for Panelists established in Appendix 158; and (e) be chosen strictly on the basis of objectivity, reliability, and sound judgment. 2. The chairperson shall also have experience in dispute settlement procedures. 3. Persons who provided good offices, conciliation or mediation to the Parties pursuant to Article 15.7, in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as panelists in that matter. Article 15.12: Replacement of Panelists If any of the panelists of the original Panel becomes unable to act, withdraws or needs to be replaced because that panelist does not comply with the requirements of the Code of Conduct, a successor panelist shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have the powers and duties of the original panelist. The work of the Panel shall be suspended during the appointment of the successor panelist. Article 15.13: Functions of the Panel Unless the Parties otherwise agree, the Panel: 15-4
(a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions; (b) shall set out, in its decisions and reports, the findings of fact and law and the rationale behind any findings and conclusions that it makes; (c) may make recommendations on the means to resolve the dispute; and (d) should consult regularly and simultaneously with the Parties and provide adequate opportunities for the development of a mutually agreed solution. Article 15.14: Terms of Reference 1. Unless the Parties otherwise agree within 15 days after the date of establishment of the Panel, the terms of reference of the Panel shall be: "to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the Panel, to make findings on the conformity of the measure at issue with the relevant covered provisions of this Agreement, as well as recommendations, if any, on the means to resolve the dispute, and to deliver a report in accordance with Articles 15.18 and 15.19." 2. If the Parties agree on other terms of reference than those referred to in paragraph I, they shall notify the agreed terms of reference to the Panel no later than five days after their agreement. Article 15.15: Rules of Interpretation I. The Panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law. 2. When appropriate, the Panel may also take into account relevant interpretations in reports of prior panels established under this Agreement and reports of panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO. Article 15.16: Procedures of the Panel I. Unless the Parties otherwise agree, the Panel shall follow the model rules of procedure set out in Appendix 15A. 2. The Panel may, after consulting with the Parties, adopt additional rules of procedure consistent with the model rules of procedure and which ensure equal treatment between the Parties. 3. There shall be no ex parte communications with the Panel. 15-5
4. The deliberations of the Panel and the documents submitted to it shall be kept confidential. 5. A Party asserting that a measure of the other Party is inconsistent with the provisions of this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies. 6. The Panel should consult with the Parties as appropriate and provide adequate opportunities and simultaneous participation for the development of a mutually agreed solution. 7. The Panel shall adopt its decisions, including its reports, by consensus, but if consensus is not possible then by a majority of its members. Any member of the Panel may furnish separate opinions on matters not unanimously agreed, but dissenting opinions of members shall in no case be disclosed. Article 15.17: Receipt of Information I. Upon the request of a Party, or on its own initiative, the Panel may seek from the Parties relevant information it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the Panel for information. 2. Upon request of a Party or on its own initiative, the Panel may seek from any source any information that it considers appropriate. The Panel also has the right to seek the opinion of experts, as it considers appropriate, and subject to any terms and conditions agreed by the Parties, where applicable. 3. Upon request of a Party, or on its own initiative, the Panel may seek information and technical advice from any individual or body that it deems appropriate, provided that the Parties agree and subject to such terms and conditions as the Parties agree. 4. Any request submitted and information obtained by the Panel under this Article shall be made simultaneously available to bnth the Parties and the Parties may provide comments on that information. Article 15.18: Interim Report I. The Panel shall deliver an interim report to the Parties within 90 days after the date of composition of the Panel. When the Panel considers that this deadline cannot be met, the chairperson of the Panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the Panel plans to deliver its interim report. Under no circumstances shall the delay exceed 30 days after the deadline. 2. The interim report shall set out a descriptive part and the Panel's findings, and conclusions and may make recommendations. 15-6
3. Each Party may submit to the Panel written comments and a written request to review precise aspects of the interim report within 15 days of the date of issuance of the interim report, subject to notification to the other Party. A Party may comment on the others Party's request within six days of the delivery of the request. 4. After considering any written comments and requests by each Party on the interim report, the Panel may modify the interim repmt and make any further examination it considers appropriate. Article 15.19: Final Report I. The Panel shall deliver its final report to the Parties within 120 days of the date of composition of the Panel. When the Panel considers that this deadline cannot be met, the chairperson of the Panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the Panel plans to deliver its final report. Under no circumstances shall the delay exceed 30 days after the deadline. 2. The final report shall include a discussion of any written comments and requests made by the Parties on the interim report. The Panel may, in its final report, suggest ways in which the final report should be implemented. 3. The final report shall be made public within 15 days of its delivery to the Parties, unless the Parties otherwise agree to publish the final report only in parts or not to publish the final report. Upon request of a Party, the published version of the final report shall not contain confidential information, in accordance with its legislation. Article 15.20: Implementation of the Final Report I. Where the Panel finds that the respondent Party has acted inconsistently with a covered provision, the respondent Party shail take any measure necessary to comply promptly and in good faith with the findings and conclusions in the final report. 2. The respondent Party� shall promptly comply with the ruling of the Panel. If it is impracticable to comply immediately, the respondent Party shall, no later than 30 days after the delivery of the final report, notify the complaining Party of the length of the reasonable period of time necessary for compliance with the final report and the Parties shall endeavour to agree on the reasonable period of time required for compliance with the final report. Article 15.21: Reasonable Period of Time for Compliance l. If the Parties have not agreed on the duration of the reasonable period of time, the complaining Party may, no later than 20 days after the date of receipt of the notification made by the respondent Party in accordance with Article 15.20.2 request in writing the original Panel to determine the length of the reasonable period of time. Such request shall +-15-7
be notified simultaneously to the respondent Party. The 20-day period referred to in this paragraph may be extended by mutual agreement of the Parties. 2. The original Panel shall deliver its decision to the Parties within 20 days from the relevant request. 3. The duration of the reasonable period of time for compliance with the final report may be extended by mutual agreement of the Parties. Article 15.22: Compliance Review 1. The respondent Party shall deliver a written notification of its progress in complying with the final report to the complaining Party at least one month before the expiry of the reasonable period of time for compliance with the final report unless the Parties agree otherwise. 2. The respondent Party shall, no later than at the date of expiry of the reasonable period of time, deliver a notification to the complaining Party of any measure that it has taken to comply with the final report along with a description of how the measure ensures compliance sufficient to allow the complaining Party to assess the measure before the expiry of the reasonable period of time. 3. Where the Parties disagree on the existence of measures to comply with the final report, or their consistency with the covered provisions, the complaining Party may request in writing the original panel to decide on the matter before compensation can be sought or suspension of benefits can be applied in accordance with Article 15.23. l(c). Such request shall be notified simultaneously to the respondent Party. 4. The request shall provide the factual and legal basis for the complaint, including the identification of the specific measures at issue and an indication of why any measures taken by the respondent fail to comply with the final report or are otherwise inconsistent with the covered provisions. 5. The Panel shall deliver its decision to the Parties within 60 days of the date of delivery of the request. Article 15.23: Temporary Remedies in Case of Non-Compliance 1. If the respondent Party: (a) fails to notify any measure taken to comply with the final report before the expiry of the reasonable period of time; (b) notifies the complaining Party in writing that it is not possible to comply with the final report within the reasonable period of time; or 1r 15-8
(c) the original Panel finds that no measure taken to comply exists or that the measure taken to comply with the final report as notified by the Party complained against is inconsistent with the covered provisions; the respondent Party shall, on request of the complaining Party, enter into consultations with a view to agreeing on a mutually satisfactory agreement or any necessary compensation. 2. If the Parties fail to reach a mutual satisfactory agreement or to agree on compensation within 20 days after the date ofreceipt of the request made in accordance with paragraph I, the complaining Party may deliver a written notification to the respondent Party that it intends to suspend the application to that Party of benefits or other obligations under this Agreement. The notification shall specify the level of intended suspension of benefits or other obligations. 3. The complaining Party may begin the suspension of benefits or other obligations referred to in the preceding paragraph 20 days after the date when it served notice on the Party complained against, unless the respondent Party made a request under paragraph 6. 4. The suspension of benefits or other obligations: (a) shall be at a level equivalent to the nullification or impairment that is caused by the failure of the respondent Party to comply with the final report; and (b) shall be restricted to benefits accruing to the respondent Party under this Agreement. 5. In considering what benefits to suspend in accordance with paragraph 2, the complaining Party shall apply the following principles: (a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the Panel has found to be inconsistent with this Agreement or have caused nullification or impairment;34 (b) the complaining Party may suspend benefits in other sectors, if it considers that it is not practicable or effective to suspend benefits or other obligations in the same sector; (c) in the selection of the benefits to suspend, the complaining Party shall endeavor to take into consideration those which least disturb the implementation of this Agreement. 6. The suspension of benefits or other obligations shall be temporary and shall only apply until the inconsistency of the measure with the relevant covered provisions which has been 34 For purposes of this paragraph, "sector" means: (i) with respect to goods, all goods; (ii) with respect to services, a principal sector as identified in the current "Services Sectoral Classification List" which identifies such sectors. 0 15-9
found in the final report has been removed, the Parties have reached a mutually satisfactory agreement, or have agreed on any necessary compensation. 7. If the respondent Party considers that the suspension of benefits does not comply with paragraphs 4 and 5, that Party may request in writing the original Panel to examine the matter no later than 15 days after the date of receipt of the notification referred to in paragraph 2. That request shall be notified simultaneously to the complaining Party. The original Panel shall notify to the Parties its decision on the matter no later than 30 days of the receipt of the request from the respondent Party. Benefits or other obligations shall not be suspended until the original Panel has delivered its decision. The suspension of benefits or other obligations shall be consistent with this decision. Article 15.24: Review of any Measure Taken to Comply After the Adoption of Temporary Remedies I . Upon the notification by the respondent Party to the complaining Party of the measure taken to comply with the final report: (a) in a situation where the right to suspend benefits or other obligations has been exercised by the complaining Party in accordance with Article 15.23, the complaining Party shall terminate the suspension of benefits or other obligations no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2; or (b) in a situation where necessary compensation has been agreed, the respondent Party shall terminate the application of such compensation no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2. 2. If the Parties do not reach an agreement on whether the measure notified in accordance with paragraph I is consistent with the relevant covered provisions within 30 days after the date ofreceipt of the notification, the complaining Party shall request in writing the original Panel to examine the matter. That request shall be notified simultaneously to the respondent Party. The decision of the Panel shall be notified to the Parties no later than 30 days after the date of submission of the request. If the Panel decides that the measure notified in accordance with paragraph I is consistent with the relevant covered provisions, the suspension of benefits or other obligations, or the application of the compensation, shall be terminated no later than 15 days after the date of the decision. If the Panel determines that the notified measure achieves only partial compliance with the covered provisions, the level of suspension of benefits or other obligations, or of the compensation, shall be adapted in light of the decision of the Panel. Article 15.25: Suspension and Termination of Proceedings If both Parties so request, the Panel shall suspend its work for a period agreed by the Parties and not exceeding 12 consecutive months. In the event of a suspension of the work of the Panel, the <elevsn~s undec this Chaptec shall 1:~1:xtended by the same peclod of time foe which
the work of the Panel was suspended. The Panel shall resume its work before the end of the suspension period at the written request of both Parties. If the work of the Panel has been suspended for more than 12 consecutive months, the authority of the Panel shall lapse and the dispute settlement procedure shall be terminated. Article 15.26: Choice of Forum I. Unless otherwise provided in this Article, this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under other international trade agreements to which they are both parties. 2. When a dispute arises with regard to the alleged inconsistency of a particular measure with an obligation under this Agreement and a substantially equivalent obligation under another international trade agreement to which both Parties are party, including the WTO agreements, the complaining Party may select the forum in which to settle the dispute. 3. Once the complaining Party has requested the establishment of, or referred a matter to, a dispute settlement Panel under an agreement referred to paragraph 2, the forum selected shall be to the exclusion of other fora. 4. For the purpose of paragraph 3: (a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment ofa Panel in accordance with Article 15.8; (b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the DSU; and (c) dispute settlement proceedings under any other agreement are deemed to be initiated when a Party requests the establishment of a dispute settlement panel in accordance with the relevant provisions of that agreement. Article 15.27: Costs 1. Unless the Parties otherwise agree, the costs of the Panel and other expenses associated with the conduct of its proceedings shall be borne in equal parts by both Parties. 2. Each Party shall bear its own expenses and legal costs in the Panel proceedings.
Article 15.28: Mutually Agreed Solution
1. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 15.3.
2. If a mutually agreed solution is reached during the Panel procedure, the Parties shall jointly notify that solution to the chairperson of the Panel. Upon such notification, the Panel shall be terminated.
3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
4. No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.
Article 15.29: Time Periods
1. All time periods laid down in this Chapter shall be counted in calendar days from the day following the act to which they refer.
2. Any time period referred to in this Chapter may be modified by mutual agreement of the Parties. Article 15.30: Appendices The Joint Committee may modify Appendicesl5A (Rules of Procedure) and 158 (Code of Conduct for Panelists).
APPENDIX 15A. RULES OF PROCEDURE
Timetable I. After consulting the Parties, the Panel shall, whenever possible within seven days of the appointment of the final panelist, fix the timetable for the panel process. The indicative timetable set out in paragraph 25 to 31 below should be used as a guide. 2. The Panel process shall, as a general rule, not exceed 120 days from the date of establishment of the Panel until the date of the final report, unless the Parties otherwise agree. 3. Should the Panel consider there is a need to modify the timetable, it shall inform the Parties in writing of the proposed modification and the reason for it. Written Submissions and other Documents 4. Unless the Panel otherwise decides, the complaining Party shall deliver its first written submission to the Panel no later than 15 days after the date of appointment of the final panelist. The Party complained against shall deliver its first written submission to the Panel no later than 20 days after the date of delivery of the complaining Party's first written submission. Copies shall be provided for each panelist. 5. Each Party shall also provide a copy of its first written submission to the other Party at the same time as it is delivered to the Panel. 6. Within 10 days of the conclusion of the hearing, each Party may deliver to the Panel and the other Party a supplementary written submission responding to any matter that arose during the hearing. 7. The Parties shall transmit all information or written submissions, written versions of oral statements and responses to questions put by the Panel to the other Party to the dispute at the same time as it is submitted to the Panel. 8. All written documents provided to the Panel or by one Party to the other Party shall be provided by electronic means. 9. Minor errors of a clerical nature in any request, notice, written submission or other document related to the Panel proceeding may be corrected by delivery of a new document clearly indicating the changes. Operation of the Panel 10. The Chairperson of the Panel shall preside at all of its meetings which will be held on line and exceptionally in person upon an agreement of the Parties. The Panel will conduct its 15-A-1
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
1. 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
1. Nothing in this Agreement shall apply to any taxation measure. (36)
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.
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;
(f) 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.
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
1. 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