Indonesia - Japan EPA (2007)
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Title

Indonesia - Japan Economic Partnership Agreement

Preamble

Japan and the Republic of Indonesia (hereinafter referred to as "Indonesia"),

Conscious of their longstanding friendship and strong political and economic ties that have developed through many years of fruitful and mutually beneficial cooperation between the Parties;

Believing that such bilateral relationship will be enhanced by forging mutually beneficial economic partnership through, inter alia, cooperation, trade and investment facilitation, and trade liberalization;

Reaffirming that the economic partnership will provide a useful framework for enhanced cooperation and serve the common interests of the Parties in various fields as agreed in this Agreement and lead to the improvement of economic efficiency and the development of trade, investment and human resources;

Recognizing that such partnership would create larger and new market, and enhance the competitiveness, attractiveness and vibrancy of their markets;

Acknowledging that a dynamic and rapidly changing global environment brought about by globalization and technological progress presents various economic and strategic challenges and opportunities to the Parties;

Recalling Article XXIV of the General Agreement on Tariffs and Trade 1994 and Article V of the General Agreement on Trade in Services in Annex 1A and Annex 1B,respectively, to the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, April 15,1994;

Bearing in mind the Framework for Comprehensive Economic Partnership between Japan and the Association of Southeast Asian Nations (hereinafter referred to as"ASEAN") signed in Bali, Indonesia on October 8, 2003;

Convinced that this Agreement would open a new era for the relationship between the Parties; and
Determined to establish a legal framework for an economic partnership between the Parties;

HAVE AGREED as follows:

Body

Chapter 1. General Provisions

Article 1. Objectives

The objectives of this Agreement are to:
(a) facilitate, promote and liberalize trade in goods and services between the Parties;
(b) increase investment opportunities and promote investment activities through strengthening protection for investments and investment activities in the Parties;
(c) ensure protection of intellectual property and promote cooperation in the field thereof; (d) enhance transparency of government procurement regimes of the Parties, and promote cooperation for mutual benefits of the Parties in the field of government procurement;
(e) promote competition by addressing anticompetitive activities, and cooperate on the promotion of competition;
(f) improve business environment in the Parties;
(g) establish a framework to enhance closer cooperation in the fields agreed in this Agreement; and
(h) create effective procedures for the implementation and application of this Agreement and for the resolution of disputes.

Article 2. General Definitions

1. For the purposes of this Agreement:

(a) the term “Area” means:

(i) with respect to Japan, the territory of Japan, and all the area beyond its territorial sea, including the sea-bed and subsoil thereof, over which Japan exercises sovereign rights or jurisdiction in accordance with international law and the laws and regulations of Japan; and

(ii) with respect to Indonesia, the land territories, territorial sea including sea- bed and subsoil thereof, archipelagic waters, internal waters, airspace over such territories, sea and waters, as well as continental shelf and exclusive economic zone, over which Indonesia has sovereignty, sovereign rights or jurisdiction, as defined in its laws, and in accordance with the United Nations Convention on the Law of the Sea, done at Montego Bay, December 10, 1982;

(b) the term “customs authority” means the authority that is responsible for the administration and enforcement of customs laws and regulations. In the case of Japan, the Ministry of Finance, and in the case of Indonesia, the Directorate General of Customs and Excise;

(c) the term “GATS” means the General Agreement on Trade in Services in Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, April 15, 1994;

(d) the term “GATT 1994” means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, April 15, 1994.

For the purposes of this Agreement, references to articles in the GATT 1994 include the

interpretative notes;

(e) the term “Harmonized System” or “HS” means the Harmonized Commodity Description and Coding System set out in the Annex to the International Convention on the Harmonized Commodity Description and Coding System, and adopted and implemented by the Parties in their respective laws;

(f) the term “Parties” means Japan and Indonesia and the term “Party” means either Japan or Indonesia; and

(g) the term “WTO Agreement” means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, April 15, 1994.

2. Nothing in subparagraph 1(a) shall affect the rights and obligations of the Parties under international law, including those under the United Nations Convention on the Law of the Sea, done at Montego Bay, December 10, 1982.

Article 3. Transparency

1. Each Party shall make publicly available its laws and regulations as well as international agreements to which the Party is a party, with respect to any matter covered by this Agreement.
2. Each Party shall make available to the public, the names and addresses of the competent authorities responsible for laws and regulations referred to in paragraph 1.
3. Each Party shall, upon the request by the other Party, within a reasonable period of time, provide information to the other Party with respect to matters referred to in paragraph 1.
4. When introducing or changing its laws and regulations that significantly affect the implementation and operation of this Agreement, each Party shall endeavor to take appropriate measures to enable interested persons to become acquainted with such introduction or change.

Article 4. Public Comment Procedures

The Government of each Party shall, in accordance withthe laws and regulations of the Party, endeavor to makepublic in advance regulations of general application thataffect any matter covered by this Agreement and to providea reasonable opportunity for comments by the public beforeadoption of such regulations.

Article 5. Administrative Procedures

1. Where administrative decisions which pertain to or affect the implementation and operation of this Agreement are taken by the competent authorities of the Government of a Party, the competent authorities shall, in accordance with the laws and regulations of the Party, endeavor to:

(a) inform the applicant of the decision within a reasonable period of time after the submission of the application considered complete under the laws and regulations of the Party, taking into account the established standard period of time referred to in paragraph 3; and

(b) provide, within a reasonable period of time, information concerning the status of the

application, at the request of the applicant.

2. The competent authorities of the Government of a Party shall, in accordance with the laws and regulations of the Party, establish criteria for taking administrative decisions in response to submitted applications. The competent authorities shall endeavor to:

(a) make such criteria as specific as possible; and

(b) make such criteria publicly available except when it would extraordinarily raise administrative difficulties for the Government of the Party.

3. The competent authorities of the Government of a Party shall, in accordance with the laws and regulations of the Party, endeavor to:

(a) establish standard periods of time between the receipt of applications by the competent

authorities and the administrative decisions taken in response to submitted applications; and

(b) make publicly available such periods of time, if established.

4. The competent authorities of the Government of a Party shall, in accordance with the laws and regulations of the Party, prior to any final decision which imposes obligations on or restricts rights of a person, endeavor to provide that person with:

(a) a reasonable notice, including a description of the nature of the measure, specific provisions upon which such measure will be based, and the facts which may be a cause of taking such measure; and

(b) a reasonable opportunity to present facts and arguments in support of position of such person, provided that time, nature of the measure and public interest permit.

Article 6. Review and Appeal

1. Each Party shall, in accordance with its laws and regulations, maintain judicial tribunals or procedures for the purpose of prompt review and, where warranted, correction of actions taken by its Government regarding matters covered by this Agreement. Such tribunals or procedures shall be impartial and independent of the authorities entrusted with the administrative enforcement of such actions.
2. Each Party shall ensure that the parties in any such tribunals or procedures are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and (b) a decision based on the evidence and submissions of record.
3. Each Party shall ensure, subject to appeal or further review as provided for in its laws and regulations, that such decision is implemented by the relevant authorities with respect to the action at issue which is taken by its Government.

Article 7. Administrative Guidance

1. For the purposes of this Article, the term “administrative guidance” means any guidance, recommendation or advice by a competent authority of the Government of a Party which requires a person to do or refrain from doing any act but does not create, impose limitations on or in any way affect rights and obligations of such person in order to pursue administrative objectives.

2. Where a competent authority of the Government of a Party renders administrative guidance with regard to any matter covered by this Agreement, such competent authority shall ensure that the administrative guidance does not exceed the scope of its competence and shall not require the person concerned to comply with the administrative guidance without voluntary cooperation of such person.

3. Such competent authority shall ensure, in accordance with the laws and regulations of its Party, that the person concerned not be treated unfavourably solely on account of non-compliance of such person with such administrative guidance.

4. Such competent authority shall, in accordance with the laws and regulations of its Party, provide to the person concerned in writing, upon the request of such person, the purposes and contents of the administrative guidance.

Article 8. Measures Against Corruption and Bribery

Each Party shall, in accordance with its laws and regulations, take appropriate measures to prevent and combat corruption and bribery regarding matters covered by this Agreement.

Article 9. Confidential Information

1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of information provided in confidence by the other Party pursuant to this Agreement.

2. Unless otherwise provided for in this Agreement, nothing in this Agreement shall require a Party to provide the other Party with confidential information, the disclosure of which would impede the enforcement of the laws and regulations of the former Party, or otherwise be contrary to the public interest of the former Party, or which would prejudice legitimate commercial interests of xparticular enterprises, public or private.

Article 10. Taxation

1. Unless otherwise provided for in this Agreement, the provisions of this Agreement shall not apply to any taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention in force between the Parties. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency.

3. Articles 3 and 9 shall apply to taxation measures, to the extent that the provisions of this Agreement are applicable to such taxation measures.

Article 11. General and Security Exceptions

1. For the purposes of Chapters 2, 3, 4, 5 other than Article 66, and 8 of this Agreement, Articles XX and XXI of the GATT 1994 are incorporated into and form part of this Agreement, mutatis mutandis.

2. For the purposes of Chapters 5 other than Article 66, 6 and 7 of this Agreement, Articles XIV and XIV bis of the GATS are incorporated into and form part of this Agreement, mutatis mutandis.

3. In cases where a Party takes any measure pursuant to paragraph 1 or 2, that does not conform with the obligations under Chapter 5 other than Article 66, the Party shall make reasonable effort to notify the other Party of the description of such measure either before the measure is taken or as soon as possible thereafter.

4. For the purposes of Chapter 9 of this Agreement, Article 73 of the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement (hereinafter referred to as “the TRIPS Agreement”) is incorporated into and forms part of this Agreement, mutatis mutandis.

Article 12. Relation to other Agreements

1. The Parties reaffirm their rights and obligations under the WTO Agreement or any other agreements to which both Parties are parties.

2. In the event of any inconsistency between this Agreement and the WTO Agreement, the WTO Agreement shall prevail to the extent of the inconsistency.

3. In the event of any inconsistency between this Agreement and any agreements other than the WTO Agreement, to which both Parties are parties, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution, taking into consideration general principles of international law.

Article 13. Implementing Agreement

The Governments of the Parties shall conclude a separate agreement setting forth the details and procedures for the implementation of this Agreement (hereinafter referred to as "the Implementing Agreement").

Article 14. Joint Committee

1. A joint committee (hereinafter referred to as "the Joint Committee") shall be hereby established.
2. The functions of the Joint Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Agreement;
(b) considering and recommending to the Parties any amendments to this Agreement;
(c) supervising and coordinating the work of all Sub-Committees established under this Agreement;
(d) adopting:
(i) the Operational Procedures for Trade in Goods and the Operational Procedures for Rules of Origin, referred to in Article 27 and Article 50, respectively; and (ii) any necessary decisions; and
(e) carrying out other functions as the Parties may agree.
3. The Joint Committee:
(a) shall be composed of representatives of the Governments of the Parties; and
(b) may establish and delegate its responsibilities to Sub-Committees.
4. The Joint Committee shall establish its rules and procedures.
5. The Joint Committee shall meet as such times as may be agreed by the Parties. The venue of the meeting shall be alternately in Japan and Indonesia, unless the Parties agree otherwise.

Article 15. Sub-committees

1. The following sub-committees shall be hereby established:
(a) Sub-Committee on Trade in Goods;
(b) Sub-Committee on Rules of Origin;
(c) Sub-Committee on Customs Procedures;
(d) Sub-Committee on Investment;
(e) Sub-Committee on Trade in Services;
(f) Sub-Committee on Movement of Natural Persons;
(g) Sub-Committee on Energy and Mineral Resources;
(h) Sub-Committee on Intellectual Property;
(i) Sub-Committee on Government Procurement;
(j) Sub-Committee on Improvement of Business Environment and Promotion of Business Confidence;and
(k) Sub-Committee on Cooperation.
2. A Sub-Committee shall:
(a) be composed of representatives of the Governments of the Parties and may, by mutual consent of the Parties, invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed; and (b) be co-chaired by officials of the Governments of the Parties.
3. A Sub-Committee shall meet at such times and venues as may be agreed upon by the Parties.
4. A Sub-Committee may, as necessary, establish its rules and procedures.
5. A Sub-Committee may establish and delegate its responsibilities to Working Groups.

Article 16. Communications

Each Party shall designate a contact point to facilitate communications between the Parties on any matter relating to this Agreement.

Chapter 2. Trade In Goods

Article 17. Definitions

For the purposes of this Chapter:

(a) the term “bilateral safeguard measure” means a bilateral safeguard measure provided for in paragraph 1 of Article 24;

b) the term “customs value of goods” means the value of goods for the purposes of levying ad valorem customs duties on imported goods;

(c) the term “domestic industry” means the producers as a whole of the like or directly competitive goods operating in a Party, or those whose collective output of the like or directly competitive goods constitutes a major proportion of the total domestic production of those goods;

(d) the term “export subsidies” means export subsidies listed in subparagraphs 1(a) through

(f) of Article 9 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”);

(e) the term “originating goods” means goods which qualify as originating goods under the provisions of Chapter 3;

(f) the term “other duties or charges of any kind” means those provided for in subparagraph 1(b) of Article II of the GATT 1994;

(g) the term “provisional bilateral safeguard measure” means a provisional bilateral safeguard

measure provided for in subparagraph 9(a) of Article 24;

(h) the term “serious injury” means a significant overall impairment in the position of a domestic industry; and

(i) the term “threat of serious injury” means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent.

Article 18. Classification of Goods

The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

Article 19. National Treatment

Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994.

Article 20. Elimination of Customs Duties

1. Except as otherwise provided for in this Agreement, each Party shall eliminate or reduce its customs duties on originating goods of the other Party designated for such purposes in its Schedule in Annex 1, in accordance with the terms and conditions set out in such Schedule.
2. Upon the request of either Party, the Parties shall negotiate on issues such as improving market access conditions on originating goods designated for negotiation in the Schedule in Annex 1, in accordance with the terms and conditions set out in such Schedule.
3. Each Party shall eliminate other duties or charges of any kind imposed on or in connection with the importation of goods of the other Party, if any. Neither Party shall introduce other duties or charges of any kind imposed on or in connection with the importation of goods of the other Party.
4. Nothing in this Article shall prevent a Party from imposing, at any time, on the importation of any good of the other Party:
(a) a charge equivalent to an internal tax imposed consistently with the provisions of paragraph 2of Article III of the GATT 1994, in respect of the like domestic good or in respect of a good from which the imported good has been manufactured or produced in whole or in part;
(b) any anti-dumping or countervailing duty applied consistently with the provisions of Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement, and the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement; and (c) fees or other charges commensurate with the cost of services rendered.
5. If, as a result of the elimination or reduction of its customs duty applied on a particular good on a most-favoured-nation basis, the most-favoured-nation applied rate becomes equal to, or lower than, the rate of customs duty to be applied in accordance with paragraph 1 on the originating good which is classified under the same tariff line as that particular good, each Party shall notify the other Party of such elimination or reduction without delay.
6. In cases where its most-favoured-nation applied rate of customs duty on a particular good is lower than the rate of customs duty to be applied in accordance with paragraph1 on the originating good which is classified under the same tariff line as that particular good, each Party shall apply the lower rate with respect to that originating good.

Article 21. Customs Valuation

For the purposes of determining the customs value of goods traded between the Parties, provisions of Part I of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement (hereinafter referred to as “the Agreement on Customs Valuation”), shall apply mutatis mutandis.

Article 22. Export Subsidies

Neither Party shall introduce or maintain any export subsidies on any agricultural good which is listed in Annex1 to the Agreement on Agriculture.

Article 23. Non-tariff Measures

Each Party shall not introduce or maintain any non-tariff measures on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the other Party which are inconsistent with its obligations under the WTO Agreement.

Article 24. Bilateral Safeguard Measures

1. Subject to the provisions of this Article, each Party may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment:

(a) suspend the further reduction of any rate of  customs duty on the originating good provided for in this Chapter; or

(b) increase the rate of customs duty on the originating good to a level not to exceed the  lesser of:

(i) the most-favoured-nation applied rate of customs duty in effect at the time when the bilateral safeguard measure is taken; and

(ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement, if an originating good of the other Party, as a result of the elimination or reduction of a customs duty in accordance with Article 20, is being imported into the former Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good

constitute a substantial cause of serious injury, or threat of serious injury, to a domestic industry of the former Party.

2. Each Party shall not apply a bilateral safeguard measure on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1.

3. (a) A Party may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Party in accordance with Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex  1A to the WTO Agreement (hereinafter referred to in this Article as “the Agreement on Safeguards”).

(b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation.

4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure:

(a) A Party shall immediately deliver a written notice to the other Party upon:

(i) initiating an investigation referred to in subparagraph 3(a) relating to serious injury, or threat of serious injury, and the reasons for it; and

(ii) taking a decision to apply or extend a bilateral safeguard measure.

(b) The Party making the written notice referred to in subparagraph (a) shall provide the other Party with all pertinent information, which shall include:

(i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and

(ii) in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat of serious injury caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading of the Harmonized System, a precise description of the bilateral safeguard measure, the proposed date of its introduction and its expected duration.

(c) A Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a), exchanging

views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5.

(d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four years. However, in very exceptional circumstances, a bilateral safeguard measure may be extended, provided that the total period of the bilateral safeguard measure, including such extensions, shall not exceed five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Party maintaining the bilateral safeguard measure shall progressively liberalize the bilateral safeguard measure at regular intervals during the period of application.

(e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to the duration of the previous bilateral safeguard measure or one year, whichever is longer.

(f) Upon the termination of a bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the bilateral safeguard measure.

5. (a) A Party proposing to apply or extend a bilateral safeguard measure shall provide to the other Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the bilateral safeguard measure.

(b) If the Parties are unable to agree on the compensation within 30 days after the commencement of the consultation pursuant to subparagraph 4(c), the Party against whose originating good the bilateral safeguard measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained.

6. Nothing in this Chapter shall prevent a Party from applying safeguard measures to an originating good in accordance with:

(a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or

(b) Article 5 of the Agreement on Agriculture.

7. Each Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure.

8. Each Party shall adopt or maintain equitable, timely, transparent and effective procedures relating to the bilateral safeguard measure.

9. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry.

(b) A Party shall deliver a written notice to the other Party prior to applying a provisional bilateral safeguard measure. Consultations between the Parties on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken.

(c) The duration of the provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d).

(d) Subparagraph 4(f) and paragraphs 7 and 8 shall be applied mutatis mutandis to the provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry.

10. Written notice referred to in subparagraphs 4(a) and 9(b) and any other communication between the Parties shall be done in the English language.

11. The Parties shall review the provisions of this Article, if necessary, five years after the date of entry into force of this Agreement, unless otherwise agreed by the Parties.

Article 25. Restrictions to Safeguard the Balance of Payments

1. Nothing in this Chapter shall be construed to prevent a Party from taking any measure for balance-of-payments purposes. A Party taking such measure shall do so in accordance with the conditions established under Article XII of the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement.

2. Nothing in this Chapter shall preclude the use by a Party of exchange controls or exchange restrictions in accordance with the Articles of Agreement of the International Monetary Fund.

Article 26. Sub-committee on Trade In Goods

For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Trade in Goods (hereinafter referred to in this Article as “the Sub-Committee”) established in accordance with Article 15 shall be:

(a) reviewing and monitoring the implementation and operation of this Chapter;

(b) discussing any issues related to this Chapter;

(c) reporting the findings of the Sub-Committee to the Joint Committee;

(d) reviewing and making appropriate recommendations, as necessary, to the Joint Committee on the Operational Procedures for Trade in Goods referred to in Article 27; and

(e) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14.

Article 27. Operational Procedures for Trade In Goods

Upon the date of entry into force of this Agreement,the Joint Committee shall adopt the Operational Procedures for Trade in Goods that provide detailed regulations pursuant to which the relevant authorities of the Parties shall implement their functions under this Chapter.

Chapter 3. Rules of Origin

Article 28. Definitions

For the purposes of this Chapter:

Page 1 Next page
  • Chapter   1 General Provisions 1
  • Article   1 Objectives 1
  • Article   2 General Definitions 1
  • Article   3 Transparency 1
  • Article   4 Public Comment Procedures 1
  • Article   5 Administrative Procedures 1
  • Article   6 Review and Appeal 1
  • Article   7 Administrative Guidance 1
  • Article   8 Measures Against Corruption and Bribery 1
  • Article   9 Confidential Information 1
  • Article   10 Taxation 1
  • Article   11 General and Security Exceptions 1
  • Article   12 Relation to other Agreements 1
  • Article   13 Implementing Agreement 1
  • Article   14 Joint Committee 1
  • Article   15 Sub-committees 1
  • Article   16 Communications 1
  • Chapter   2 Trade In Goods 1
  • Article   17 Definitions 1
  • Article   18 Classification of Goods 1
  • Article   19 National Treatment 1
  • Article   20 Elimination of Customs Duties 1
  • Article   21 Customs Valuation 1
  • Article   22 Export Subsidies 1
  • Article   23 Non-tariff Measures 1
  • Article   24 Bilateral Safeguard Measures 1
  • Article   25 Restrictions to Safeguard the Balance of Payments 1
  • Article   26 Sub-committee on Trade In Goods 1
  • Article   27 Operational Procedures for Trade In Goods 1
  • Chapter   3 Rules of Origin 1
  • Article   28 Definitions 1
  • Article   29 Originating Goods 2
  • Article   30 Accumulation 2
  • Article   32 Non-qualifying Operations 2
  • Article   33 Consignment Criteria 2
  • Article   34 Unassembled or Disassembled Goods 2
  • Article   35 Fungible Goods and Materials 2
  • Article   36 Indirect Materials 2
  • Article   37 Accessories, Spare Parts and Tools 2
  • Article   38 Packaging Materials and Containers for Retail Sale 2
  • Article   39 Packing Materials and Containers for Shipment 2
  • Article   40 Claim for Preferential Tariff Treatment 2
  • Article   41 Certificate of Origin 2
  • Article   42 Obligations Regarding Exportations 2
  • Article   43 Request for Checking of Certificate of Origin 2
  • Article   44 Verification Visit 2
  • Article   45 Determination of Origin and Preferential Tariff Treatment 2
  • Article   46 Confidentiality 2
  • Article   47 Penalties and Measures Against False Declaration 2
  • Article   48 Miscellaneous 2
  • Article   49 Sub-committee on Rules of Origin 2
  • Article   50 Operational Procedures for Rules of Origin 3
  • Chapter   4 Customs Procedures 3
  • Article   51 Scope 3
  • Article   52 Definition 3
  • Article   53 Transparency 3
  • Article   54 Customs Clearance 3
  • Article   55 Cooperation and Exchange of Information 3
  • Article   56 Sub-committee on Customs Procedures 3
  • Chapter   5 Investment 3
  • Article   57 Scope 3
  • Article   58 Definitions 3
  • Article   59 National Treatment 3
  • Article   60 Most-favoured-nation Treatment 3
  • Article   61 General Treatment 3
  • Article   62 Access to the Courts of Justice 3
  • Article   63 Prohibition of Performance Requirements 3
  • Article   64 Reservations and Exceptions 3
  • Article   65 Expropriation and Compensation 3
  • Article   66 Protection from Strife 3
  • Article   67 Transfers 3
  • Article   68 Subrogation 3
  • Article   69 Settlement of Investment Disputes between a Party and an Investor of the other Party 3
  • Article   70 Temporary Safeguard Measures 4
  • Article   71 Prudential Measures 4
  • Article   72 Denial of Benefits 4
  • Article   73 Taxation Measures as Expropriation 4
  • Article   74 Environmental Measures 4
  • Article   75 Sub-committee on Investment 4
  • Chapter   6 Trade In Services 4
  • Article   76 Scope 4
  • Article   77 Definitions 4
  • Article   78 Market Access 4
  • Article   79 National Treatment 4
  • Article   80 Additional Commitments 4
  • Article   81 Schedule of Specific Commitments 4
  • Article   82 Most-favoured-nation Treatment 4
  • Article   83 Authorization, Licensing or Qualification 4
  • Article   84 Mutual Recognition 4
  • Article   85 Transparency 4
  • Article   86 Monopolies and Exclusive Service Suppliers 4
  • Article   87 Payments and Transfers 4
  • Article   88 Restrictions to Safeguard the Balance of Payments 4
  • Article   89 Emergency Safeguard Measures 4
  • Article   90 Denial of Benefits 4
  • Article   91 Sub-committee on Trade In Services 4
  • Section   7 Movement of Natural Persons 5
  • Article   92 Scope 5
  • Article   93 Definition 5
  • Article   94 Specific Commitments 5
  • Article   95 Requirements and Procedures 5
  • Article   96 Sub-committee on Movement of Natural Persons 5
  • Chapter   8 Energy and Mineral Resources 5
  • Article   97 Definitions 5
  • Article   98 Promotion and Facilitation of Investment 5
  • Article   99 Import and Export Restrictions 5
  • Article   100 Export Licensing Procedures and Administrations 5
  • Article   101 Energy and Mineral Resource Regulatory Measures 5
  • Article   102 Environmental Aspects 5
  • Article   103 Community Development 5
  • Article   104 Cooperation 5
  • Article   105 Sub-committee on Energy and Mineral Resources 5
  • Chapter   9 Intellectual Property 5
  • Article   106 General Provisions 5
  • Article   107 Definitions 5
  • Article   108 National Treatment and Most-favoured-nation Treatment 5
  • Article   109 Procedural Matters 5
  • Article   110 Transparency 5
  • Article   111 Promotion of Public Awareness of Protection of Intellectual Property 5
  • Article   112 Patents 5
  • Article   113 Industrial Designs 5
  • Article   114 Trademarks 5
  • Article   115 Copyright and Related Rights 5
  • Article   116 New Varieties of Plants 5
  • Article   117 Acts of Unfair Competition 5
  • Article   118 Protection of Undisclosed Information 5
  • Article   119 Enforcement – Border Measures 5
  • Article   120 Enforcement – Civil Remedies 5
  • Article   121 Enforcement – Criminal Remedies 5
  • Article   122 Cooperation 5
  • Article   123 Sub-committee on Intellectual Property 5
  • Chapter   10 Government Procurement 5
  • Article   124 Exchange of Information 5
  • Article   125 Sub-committee on Government Procurement 5
  • Chapter   11 Competition 5
  • Article   126 Promotion of Competition by Addressing Anti-competitive Activities 5
  • Article   127 Cooperation on the Promotion of Competition 5
  • Article   128 Non-discrimination 5
  • Article   129 Procedural Fairness 5
  • Article   130 Non-application of Paragraph 2 of Article 9 5
  • Chapter   12 Improvement of Business Environment and Promotion of Business Confidence 5
  • Article   131 Basic Principles 5
  • Article   132 Sub-committee on Improvement of Business Environment and Promotion of Business Confidence 5
  • Article   133 Liaison Office on Improvement of Business Environment 5
  • Chapter   13 Cooperation 6
  • Article   134 Basic Principles 6
  • Article   135 Areas and Forms of Cooperation 6
  • Article   136 Costs of Cooperation 6
  • Article   137 Sub-committee on Cooperation 6
  • Chapter   14 Dispute Settlement 6
  • Article   138 Scope 6
  • Article   139 General Principle 6
  • Article   140 Consultations 6
  • Article   141 Good Offices, Conciliation or Mediation 6
  • Article   142 Establishment of Arbitral Tribunals 6
  • Article   143 Functions of Arbitral Tribunals 6
  • Article   144 Proceedings of Arbitral Tribunals 6
  • Article   145 Suspension and Termination of Proceedings 6
  • Article   146 Implementation of Award 6
  • Article   147 Modification of Time Periods 6
  • Article   148 Expenses 6
  • Chapter   15 Final Provisions 6
  • Article   149 Table of Contents and Headings 6
  • Article   150 Annexes and Notes 6
  • Article   151 General Review 6
  • Article   152 Amendment 6
  • Article   153 Entry Into Force 6
  • Article   154 Termination 6