Turkey - United Kingdom FTA (2020)
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4. When requested by the other Party, a Party shall, to the extent possible, promptly provide information and respond to questions pertaining to measures of general application that materially affect the operation of this Agreement.

5. The Parties recognise that the responses provided to the enquiries referred to in paragraph 4 may not be definitive or legally binding but for information purposes only, unless otherwise provided for in the laws and regulations of the Party providing the responses.

6. Information provided under paragraph 4 is without prejudice as to whether the measure is consistent with this Agreement.

7. To administer a measure of general application in a consistent, impartial and reasonable manner, each Party shall ensure that its administrative proceedings applying such a measure to a particular person, good or service of the other Party in a specific case:

(a) whenever possible, provide reasonable notice to persons that are directly affected by a proceeding, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of the issues in controversy;

(b) provide a person referred to in subparagraph (a) a reasonable opportunity to present facts and arguments in support of its position prior to any final administrative action, when permitted by time, the nature of the proceeding and public interest; and

(c) are conducted in accordance with its law.

8. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of a prompt review and, if warranted, correction of final administrative actions regarding matters covered by this Agreement. Each Party shall ensure that its tribunals are impartial and independent of the office or authority entrusted with administrative enforcement and that they do not have any substantial interest in the outcome of the matter.

9. Each Party shall ensure that, in any tribunals or procedures referred to in paragraph 8, the parties to the proceeding are provided with the right to:

(a) areasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and submissions of record or, if required by its law, the record compiled by the administrative authority.

10. Each Party shall ensure, subject to appeal or further review as provided for in its law, that such decisions are implemented by and govern the practice of the offices or authorities with respect to the administrative action at issue.

11. Nothing in this Agreement shall require either Party to disclose confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of any economic operator.

12. This Article applies without prejudice to any other specific provisions of this Agreement.

Article 13.2. Review and Further Negotiations

1. With the objective of maintaining and developing close economic and trade relations between them, no later than two years after the date of entry into force of this Agreement, the Parties shall commence a review of this Agreement with a view to replacing, modernising or expanding it.

2. The review shall include, but not be limited to: trade in agricultural goods, trade in services, investment, subsidies, sustainable development, environment, climate change, labour, anti-corruption, digital economy, small and medium-sized enterprises and intellectual property.

3. A Party shall give due consideration to any proposal, by the other Party, of topics to be included in the scope of the review.

4. Following the review specified in paragraph 1, the Parties shall endeavour to hold further negotiations on replacing or modernising any existing areas of this Agreement, and expanding the coverage of this Agreement to additional areas agreed upon.

5. The Joint Committee shall be responsible for identifying any barriers to such negotiation and setting timescales for the resolution of such barriers.

Article 13.3. Entry Into Force and Termination

1. This Agreement is subject to ratification. The Parties shall notify each other in writing, through diplomatic channels, of the completion of their respective legal requirements for the entry into force of this Agreement.

2. This Agreement shall enter into force on the date of the receipt of the later of the notifications between the Parties pursuant to the first paragraph.

3. Pending entry into force, this Agreement or specific provisions thereof shall apply as of 1 January 2021 for both Parties, on the condition that the Parties notify each other to that effect through diplomatic channels before that date.

4. Either Party may terminate this Agreement after it has entered into force by providing written notice through diplomatic channels of its intent to terminate the Agreement to the other Party. Termination shall take effect six months after the date on which a Party has provided that written notice to the other Party, or on such other date as the Parties may agree.

Article 13.4. Annexes, Appendices and Protocols

The Annexes, Appendices and Protocols to this Agreement shall form an integral part thereof.

Article 13.5. Authentic Texts

This Agreement is drawn up in duplicate in the English and Turkish languages, each of these texts being equally authentic. In case of inconsistency, the English text shall prevail.

Conclusion

IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this Agreement.

DONE at Ankara on the 29 December 2020

For the United Kingdom of Great Britain and Northern Ireland:

For the Republic of Turkey: 

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  • Chapter   1 GENERAL DEFINITIONS AND INITIAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Territorial Application 1
  • Article   1.4 Territorial Extension 1
  • Article   1.5 Relation to Multilateral Agreements 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Rules of Origin 1
  • Article   2.6 Elimination of Customs Duties on Industrial Goods 1
  • Article   2.7 Elimination of Customs Duties on Agricultural Goods 1
  • Article   2.8 Export Duties, Taxes and other Charges 1
  • Article   2.9 Fees and Charges 1
  • Article   2.10 Import and Export Restrictions 1
  • Article   2.11 Data Sharing on Preference Utilisation 1
  • Chapter   3 CUSTOMS AND TRADE FACILITATION 1
  • Article   3.1 Scope 1
  • Article   3.2 Definitions 1
  • Article   3.3 Objectives and Principles 1
  • Article   3.4 Transparency and Publication 1
  • Article   3.5 Data, Documentation and Automation 2
  • Article   3.6 Simplified Customs Procedures 2
  • Article   3.7 Release of Goods 2
  • Article   3.8 Risk Management 2
  • Article   3.9 Advance Rulings 2
  • Article   3.10 Customs Valuation 2
  • Article   3.11 Authorised Economic Operator 2
  • Article   3.12 Review and Appeal 2
  • Article   3.13 Penalties 2
  • Article   3.14 Customs Cooperation and Mutual Administrative Assistance 2
  • Article   3.15 Single Window 2
  • Article   3.16 Transit and Transhipment 2
  • Article   3.17 Post-clearance Audit 2
  • Article   3.18 Customs Brokers 2
  • Article   3.19 Pre-shipment Inspections 2
  • Chapter   4 TECHNICAL BARRIERS TO TRADE 2
  • Article   4 General Provisions 2
  • Chapter   5 TRADE REMEDIES 2
  • Article   5.1 Anti-dumping and Countervailing Measures 2
  • Article   5.2 Safeguard Measures 2
  • Article   5.3 Dispute Settlement 2
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   6.1 Relation to the SPS Agreement 2
  • Article   6.2 Cooperation 2
  • Article   6.3 Dispute Settlement 3
  • Chapter   7 COMPETITION POLICY 3
  • Article   7.1 Definition 3
  • Article   7.2 Competition Law 3
  • Article   7.3 Application of Competition Law to Publicly Owned or Controlled Enterprises 3
  • Article   7.4 Dispute Settlement 3
  • Chapter   8 GOVERNMENT PROCUREMENT 3
  • Article   8 General Provisions 3
  • Chapter   9 INTELLECTUAL PROPERTY RIGHTS 3
  • Article   9 General Provisions 3
  • Chapter   10 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 3
  • Article   10.1 Establishment of the United Kingdom-Turkey Joint Committee 3
  • Article   10.2 Decision and Recommendations of the Joint Committee 3
  • Article   10.3 Amendments 3
  • Chapter   11 EXCEPTIONS 3
  • Article   11.1 General Exceptions 3
  • Article   11.2 Security Exceptions 3
  • Article   11.3 Restrictions In Case of Balance of Payments and External Financing Difficulties 3
  • Article   11.4 Taxation Measures 3
  • Chapter   12 DISPUTE SETTLEMENT 3
  • Article   12.1 Scope 3
  • Article   12.2 Definition 3
  • Article   12.3 Referral to the Joint Committee 3
  • Article   12.4 Request for the Establishment of an Arbitration Panel 3
  • Article   12.5 Composition of the Arbitration Panel 3
  • Article   12.6 List of Arbitrators 3
  • Article   12.7 Arbitration Award 3
  • Article   12.8 Compliance with Arbitration Award 3
  • Article   12.9 Compliance Review 3
  • Article   12.10 Compensation and Suspension of Concessions or other Obligations 3
  • Article   12.11 Compliance Review after the Adoption of Temporary Remedies 3
  • Chapter   13 FINAL PROVISIONS 3
  • Article   13.1 Transparency 3
  • Article   13.2 Review and Further Negotiations 4
  • Article   13.3 Entry Into Force and Termination 4
  • Article   13.4 Annexes, Appendices and Protocols 4
  • Article   13.5 Authentic Texts 4