2. The panel process shall, as a general rule, not exceed one hundred twenty (120) days from the date of composition of the panel until the date of the final report, unless the Parties agree otherwise.
3. Should the panel consider there is a need to modify the timetable, it shall consult the Parties in writing regarding the proposed modification and the reason for it and make necessary procedural or administrative adjustments as may be required.
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 ten days (10) days from the date of composition of the panel. The responding Party shall deliver its first written submission to the panel no later than thirty (30) days after the date of delivery of the complaining Party's first written submission. Copies shall be provided for each panellist.
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 five (5) 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. All written documents provided to the panel or by one Party to the other Party shall also be provided in electronic form.
8. Minor errors of a clerical nature in any request, notice, written submission or other document related to the panel proceeding may be corrected as soon as possible by delivery of a new document clearly indicating the changes.
Operation of the Panel
9. The Chair of the panel shali preside at all of its meetings. The panel may delegate to the Chair the authority to make administrative and procedural decisions.
10. Panel deliberations shall be confidential. Only panellists may take part in the deliberations of the panel. The Panel Report shall be drafted without the presence of the Parties in light of the information provided and the statements made.
11. Opinions expressed in the Panel Report by individual panellists shall be anonymous.
12. Except as otherwise provided in this Annex, the panel may conduct its business by any means, including by telephone, facsimile transmission and any other means of electronic communication.
Hearings
13. The timetable established in accordance with Rule 1 shall provide for at least one hearing for the Parties to present their cases to the panel.
14. The panel may convene additional hearings if the Parties so agree.
15. All panellists shall be present at hearings. Panel hearings shall be held in closed session with only the panellists and the Parties in attendance. However, in consultation with the Parties, assistants, translators or designated note takers 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.
16. The hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the responding 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 responding Party; the reply of the complaining Party; the counter-reply of the responding Party; closing statement of the complaining Party; and closing statement of the responding Party. The Chair may set time limits for oral arguments to ensure that each Party is afforded equal time.
17. The Parties to the dispute shall make available to the panel written versions of their oral statements before the panel within one (1) day.
Questions
18. The panel may direct questions to either Party at any time during the proceedings. 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.
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.
21. 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 five (5) days after the date of request.
Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public.
Role of Experts
22. On 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. The panel shall provide the Parties with any information so obtained for comment.
Working Language
23. 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 the English language.
Venue
24. The venue for the hearings of the panel shall be decided by agreement between the Parties. If there is no agreement, the first hearing shall be held in the territory of the responding Party, and any additional hearings shall alternate between the territories of the Parties.
Expenses
25. 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, designated note takers or other individuals that it retains.
lndicative Timetable for the Panel
Pane! established on xx/xx/xxxx.
1 . Receipt of first written submissions of the Parties:
(a) complaining Party: ten (10) days after the date of the composition of the panel;
(b) responding Party: thirty (30) days after (a);
2. Date of the first hearing with the Parties: fifteen (15) days after receipt of the first submission of the responding Party;
3. Receipt of written supplementary submissions of the Parties: (5) days after the date of the first hearing;
4. lssuance of initial report to the Parties. thirty (30) days after receipt of written supplementary submissions;
5. Deadline for the Parties to provide written comments on the initial report: ten (10) days after the issuance of the initial report; and
6. lssuance of final report to the Parties: within thirty (30) days of presentation of the initial report.
Chapter 16. EXCEPTIONS
Article 16.1. General Exceptions
1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 6 (Customs Procedures and Trade Facilitation), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.
2. Without prejudice to the SPS Agreement, for the purpose of Chapter 4 (Sanitary and Phytosanitary Measures), Article XX(b) of the GATT 1994 is incorporated into and forms part of this Agreement, mutatis mutandis.
3. Without prejudice to the TBT Agreement, for the purpose of Chapter 5 (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.
4. For the purpose of Chapter 8 (Trade in Services), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis.
Article 16.2. Security Exceptions
1. Nothing In this Agreement shall be construed:
(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent any 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) relating to the protection of critical public infrastructure, including, but not limited to, critical communications infrastructures, power infrastructures and water infrastructures, from deliberate attempts intended to disable or degrade such infrastructures;
(v) taken in time of domestic emergency, or war or other emergency in international relations; or
(c) to prevent any 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 direct taxation measure.
2. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. In the event of any inconsistency between this Agreement and any tax convention, the 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 Parties;
(b) in addition to the standing committees or subcommittees expressly provided for under this Agreement; may establish or restructure standing or ad hoc subcommittees or working groups as it considers necessary to assist it in accomplishing its tasks and assign any of its powers thereto.
3. The Joint Committee shall meet within one (1) year from the entry into force of this Agreement. Thereafter, it shall meet every two (2) 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, consider, assess, and monitor the results and overall operation of this Agreement, including improving market access in the light of the experiences gained during application of this Agreement and its objectives, including matters reported by the subcommittees or working groups or contact points;
(b) to consider and recommend 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 in connection with the operation or implementation of the Agreement, without prejudice to the rights of the Parties under Chapter 15 (Dispute Settlement);
(d) to supervise and coordinate the work of al! committees, subcommittees and working groups established under this Agreement;
(e) if requested by either Party, to propose interpretation to be given to the provisions of this Agreement;
(f) to review the possibility of further removal of obstacles to trade between the Parties and the further development of the trade relationship;
(g) to explore ways to further enhance trade between the Parties and to further the objectives of this Agreement;
(h) to consider any other matter that may affect the operation of this Agreement:
(i) to adopt decisions or make recommendations as envisaged by this Agreement; and
(j) 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, unless otherwise provided in 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, Footnotes and Side Letters
The Annexes, footnotes, and Side Letters wherever so explicitly provided therein, shall 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 its consideration. After the Joint Committee's recommendation, the Parties shall submit such amendment to this Agreement to the Parties for approval and completion of each Party's internal legal procedures.
2. Where an amendment has been ratified, accepted or approved by a Party, it shall notify the other Party of such approval, in writing, through diplomatic channels.
3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 18.5 (Entry into Force).
Article 18.3. Accession
Any country, group of countries or customs territory (hereinafter referred to as "acceding Party") may accede to this Agreement, subject to such terms and conditions as may be agreed between the acceding Party and the Parties to this Agreement, and following approval in accordance with the applicable internal legal procedures of the acceding Party and the Parties to this Agreement. Such accession shall be effective sixty (60) days from the date of deposit of the instrument of accession with the Joint Committee.
Article 18.4. Duration and Termination
1. This Agreement shall be valid for an indefinite period.
2. Either Party may terminate this Agreement by a written notification to the other Party, and the termination shall take effect six (6) months after the date of such 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 of sixty (60) days.
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.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE in two originals at New Delhi on this 18" day of February, 2022.
For the Government of the Republic of India
H.E. Piyush Goyal
Minister of Commerce & Industry, Consumer Affairs & Food & Public Distribution and Textiles
Government of india
For the Government of the United Arab Emirates
H.E. Abdulla bin Touq Al Marri
Minister of Economy
Government of UAE