2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods without unnecessary delay upon receipt of the customs declaration and fulfilment of all applicable requirements and procedures;
(b) provide for the electronic submission and processing of documentation and data, including manifests, prior to the arrival of the goods, in order to expedite the release of goods from customs control upon arrival;
(c) provide for goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and
(d) require that, to the extent permitted by its customs laws and regulations, the importer be informed if a Party does not promptly release goods, including, the reasons why the goods are not released and which border agency, if not the Customs Administration, has withheld release of the goods.
3. Nothing in this Article requires a Party to release a good if its requirements for release have not been met nor prevents a Party from liquidating or requiring a security deposit in accordance with its customs laws and regulations.
4. Each Party may allow, to the extent practicable and in accordance with its customs laws and regulations, goods intended for import to be moved within its territory under customs control from the point of entry into the Party's territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.
Article 6.10. Authorised Economic Operators
in order to facilitate trade and enhance compliance and risk management between them, the Parties shall work towards negotiating, finalizing and implementing the Authorised Economic Operator (AEO) Mutua! Recognition Arrangement (MRA) between the two Parties.
Article 6.11. Border Agency Cooperation
Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this Chapter.
Article 6.12. Expedited Shipments
1. Each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining appropriate customs control and selection. These procedures, subject to TFA commitments, shall:
(a) provide for information necessary to release an expedited shipment to be submitted and processed before the shipment arrives;
(b) minimise the documentation required for the release of expedited shipments, and to the extent possible, provide for release based on a single submission of information on certain shipments through electronic means; (1)
(c) under normal circumstances, provide for expedited shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived and applicable customs duties have been assessed where applicable;
(d) apply to shipments of any weight or value recognizing that a Party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, based on the good's weight or value; and
(e) under normal circumstances, provide that no customs duties will be collected on expedited shipments valued or assessed to duty at or below a fixed amount set under the Party's law. (2) Each Party shall endeavour to review the amount periodically taking into account factors that it may consider relevant.
Article 6.13. Review and Appeal
1. Each Party shall ensure that any person to whom it issues a decision on a customs matter has access to:
(a) an administrative appeal to or review by an administrative authority higher than or independent from the official or office that issued the decision; and/or
(b) judicial appeal or review of the decision.
2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner.
3. Each Party shall ensure that an authority conducting a review or appeal under paragraph 1 notifies the person in writing of its determination or decision in the review or appeal, and the reasons for the determination or decision.
Article 6.14. Customs Cooperation
1. With a view to further enhancing customs cooperation and exchange of information between the Customs Administrations to secure and facilitate lawful trade through the proper application of customs laws and regulations, for the prevention, investigation and combating of customs offences and to ensure the security of the international trade supply chain, each Party shall implement and comply with the obligations in the CMAA.
2. The Parties shall facilitate initiatives for the exchange of pre-arrival customs data as well as information on best practices in relation to the implementation and management of customs procedures described in this Chapter, and in accordance with the CMAA.
Article 6.15. Confidentiality
Nothing in this Agreement shall be construed to require a Party to furnish or allow access to 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 particular enterprises, public or private. Any information received under this Chapter shall be treated as confidential pursuant to the terms of the CMAA.
Article 6.16. Subcommittee on Customs Procedures and Trade Facilitation
The Parties agree to establish a Subcommittee on Customs procedures and Trade Facilitation (CPTF Subcommittee) under the CTG, consisting of government representatives of each Party's competent authorities.
Chapter 7. TRADE REMEDIES
Article 7.1. Definitions
For the purposes of this Chapter:
"Anti-Dumping Agreement" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement.
"Safeguards Agreement" means the Agreement on Safeguards, set out in Annex 1A to the WTO Agreement.
"SCM Agreement2 means the Agreement on Subsidies and Countervailing Measures, set out in Annex 1A to the WTO Agreement.
Article 7.2. Anti-Dumping and Countervailing Measures
General:
1. Except as otherwise provided for in this Agreement, the Parties retain their rights and obligations under Article VI of the GATT 1994, the Anti-Dumping Agreement, and the SCM Agreement.
Termination of Anti-dumping and Countervailing Duty Measures:
2.A. Where an anti-dumping or countervailing duty investigation in respect of goods from the other Party is terminated with a negative final determination, or pursuant to a review under Articles 11.2 and 11.3 of the Anti-Dumping Agreement and Articles 21.2 and 21.3 of the SCM Agreement, no anti-dumping or countervailing duty shall be imposed on the same goods during one (1) year after the termination of the previous investigation or measure, if that other Party is the only subject country involved.
2.B. Notwithstanding paragraph 2.A., the investigating authority of the importing Party may initiate an investigation in an exceptional case, provided that the authority is satisfied, on the basis of evidence available to it, that dumping or injury has recurred as a result of withdrawal of the duties and that initiation of such an investigation is necessary to prevent material injury or threat thereof to the domestic industry as a consequence of such dumped imports from the exporting Party.
Practices Relating to Anti-dumping and Countervailing Duty Proceedings:
3. The Parties recognise the following practices as promoting the goals of transparency and due process in anti-dumping and countervailing duty proceedings:
(a) the importing Party shall not include the other Party among subject countries in anti-dumping investigations where products are merely transhipped (1) through the other Party;
(b) upon receipt by a Party's investigating authority of a properly documented anti-dumping or countervailing duty application with respect to imports from the other Party, and no later than ten (10) days before initiating an investigation, the Party shall provide written notification of its receipt of the application to the other Party;
(c) as soon as possible and no later than ten (10) days, after receiving the notification of the receipt of the application, the exporting Party may request pre-initiation consultations with the importing Party, with the aim of clarifying all possible concerns regarding the matters referred to in the application and arriving at a mutually agreed solution;
(d) without prejudice to the obligation to afford reasonable opportunity for consultation, these provisions regarding consultations are not intended to prevent the authorities of a Party from proceeding expeditiously with regard to initiating an investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with the Party's national laws;
(e) in any proceeding in which the investigating authority determines to conduct an in-person verification of information that is provided by a respondent (2) and that is pertinent to the calculation of dumping margins or the level of a countervailable subsidy, the investigating authority shall promptly notify each respondent of its intent, and, in normal circumstances:
(i) provide to each respondent ten (10) days advance notice of the dates on which the authorities intend to conduct an in-person verification of the information;
(ii) five (5) days prior to an in-person verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for review; and
(iii) after the verification is completed, prepare a written report describing the methods and procedures that it followed in carrying out the verification and the results of the verification and make the report available to the concerned interested parties, in sufficient time for the interested parties to defend their interests in the segment of a proceeding;
(f) if, in an anti-dumping or countervailing duty action that involves imports from the other Party, a Party's investigating authority determines that a timely response to a request for information does not comply with the request, the investigating authority shall inform the interested party that submitted the response of the nature of the deficiency and, to the extent practicable, in light of time limits established to complete the anti-dumping or countervailing duty action, provide the interested party with an opportunity to remedy or explain the deficiency. If that interested party submits further information in response to that deficiency and the investigating authority finds that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authority disregards all or part of the original and subsequent responses, the investigating authority shall explain in the determination or other written document the reasons for disregarding the information;
(g) before a final determination is made, the investigating authority shall inform the Parties participating in the investigation of the essential facts that form the basis of the decision whether to apply definitive measures. Subject to the protection of confidential information, the investigating authority may use any reasonable means to disclose the essential facts. Such disclosure shall be made in writing, and should take place within sufficient time for interested parties to defend their interests; and
(h) the investigating authority shall provide an adequate and timely opportunity to the concerned interested parties to present arguments on the reports and disclosures.
Article 7.3. Bilateral Safeguard Measures
Definitions:
For the purposes of this Article:
"domestic industry" means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating within the territory of a Party, or those producers whose collective production of the fike or directly competitive good constitutes a major proportion of the total domestic production of that good;
"serious injury" means a significant overall impairment in the position of a domestic industry;
"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; and
"bilateral safeguard measure" means a measure described in paragraph 1.
General:
1. lf, as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other Party causes serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the Party may:
(a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement;
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
(i) the most-favoured-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and
(ii) the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force.
2. The Parties agree that neither tariff rate quotas nor quantitative restrictions are permissible forms of bilateral safeguard measures.
3. The Parties agree that the bilateral safeguard measure will be permanent for the duration of this Agreement. Nonetheless, upon a request of either Party, the CTG may, not less than five (5) years after the date on which the elimination or reduction of the customs duty on all the goods is completed, discuss and review the implementation and operation of the bilateral safeguard measure.
Notification and Consultation:
4. A Party shall notify the other Party in writing or by electronic communication:
(a) within seven (7) days of initiation of an investigation described in paragraph 8,
(b) immediately upon making a finding of serious injury or threat thereof caused by increased imports; and
(c) immediately upon application of provisional or a definitive bilateral safeguard measure or extending the measure.
5. In making the notification referred to in subparagraphs 4(b), and 4(c) the Party proposing to apply a safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by the increased imports, precise description of the good involved and the proposed measure and expected duration.
6. A Party shall make a notification to the other Party upon making a finding of serious injury or threat thereof caused by increased imports. Consultations shall be initiated immediately after the measure is taken.
7. A Party proposing to apply a definitive safeguard measure shall provide adequate opportunity for prior consultations with the other Party as far in advance, of taking any such measure, with a view to reviewing the information arising from the investigation, exchanging views on the measure and reaching an agreement on the compensation set out in paragraph 21. The Parties shall in such consultations, review, inter alia, the information provided under paragraph 4, to determine:
(a) compliance with this Article;
(b) whether any proposed measure should be taken; and
(c) the appropriateness of the proposed measure, including consideration of alternative measures.
Conditions and Limitations:
8. A Party shall apply a safeguard measure only following an investigation by the Party's competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and form part of this Agreement, mutatis mutandis.
9. In the investigation described in paragraph 8, the Party shall comply with the requirements of Article 4.2(a) of the Safeguards Agreement, and to this end, Article 4.2(a) of the Safeguards Agreement is incorporated into and form part of this Agreement, mutatis mutandis.
10. Each Party shall ensure that its competent authorities complete any such investigation within eight (8) months of its date of initiation which may be extended up to one (1) year by the competent authority.
11. Neither Party may apply a bilateral safeguard measure:
(a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment; or
(b) for a period exceeding two (2) years, except that the period may be extended by up to two (2) years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a bilateral safeguard measure, including the period of initial application and any extension thereof, shall not exceed four (4) years.
12. No bilateral safeguard measure shall be applied to the import of an originating good for a period of one (1) year from the date of commencement of tariff reduction or tariff elimination for that originating good provided for under this Agreement.
13. When a Party terminates a bilateral safeguard measure, the rate of customs duty for the originating good subject to that bilateral safeguard measure shall be the rate that, according to that Party's Schedule of Tariff Commitments in Annex 2A (for India) or Annex 2B (for the UAE), would have been in effect but for that bilateral safeguard measure.
14. No bilateral safeguard measure shall be applied again to the import of a product that has been previously subject to such measure for a period of time equal to the period during which the previous measure was applied or one (1) year since the expiry of such measure, whichever is longer.
15. Notwithstanding the provisions of paragraph 15, a safeguard measure with a duration of one hundred and eighty (180) days or less may be applied again to the import of a product if:
(a) at least one (1) year has elapsed since the date of introduction of a safeguard measure on the import of that product; and
(b) such a safeguard measure has not been applied on the same product more than twice in the four (4) year period immediately preceding the date of introduction of the measure.
16. Where the expected duration of the bilateral safeguard measures is over one (1) year, the Party applying the bilateral safeguard measure shall progressively liberalise it at regular intervals during its period of application.
Provisional Measures:
17. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports have caused serious injury, or threat thereof, to the domestic industry.
18. If a Party's competent authorities make a preliminary determination, the Party shall make such determination available to interested parties, and shall provide interested parties at least fifteen (15) days to comment and submit their arguments with respect to such determinations.
19. The duration of any provisional measure shall not exceed two hundred (200) days, during which time the Party shail comply with the requirements of paragraphs 5, 6, 8 and 9.
20. The Party shall promptly refund any tariff increases if the investigation described in paragraph 6 does not result in a finding that the requirements of paragraph 1 are met. The duration of any provisional measure shall be counted as part of the period described in paragraph 11({b).
Compensation:
21. No later than thirty (30) days after it applies a bilateral safeguard measure, a Party shall afford an opportunity for the other Party to consult regarding appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The applying Party shall provide such compensation as the Parties mutually agree.
22. If the Parties are unable to agree on compensation within thirty (30) days in the consultations, the Party against whose originating good the measure is applied may suspend the application of concessions with respect to originating goods of the applying Party that have trade effects substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects.
23. A Party against whose good the bilateral safeguard measure is applied shall notify the Party applying the bilateral safeguard measure in writing at least thirty (30) days before it suspends concessions in accordance with paragraph 22.
24. The right to take action to suspend the application of concessions referred to in the second sentence of paragraph 22 shall not be exercised for:
(a) The first two (2) years that the measure is in effect; and
(b) The first three (3) years during which the bilateral safeguard measure is in effect, where it has been extended beyond two (2) years, provided that the measure has been taken as a result of an absolute increase in imports and that such measure conforms to the provisions of this Section.
25. The applying Party's obligation to provide compensation under paragraph 21 and the other Party's right to suspend concessions under paragraph 22 shall cease on the termination of the bilateral safeguard measure.
Article 7.4. Globai Safeguard Measures
1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken under Article XIX of the GATT 1994 and the Safeguards Agreement, except that a Party taking a global safeguard measure may exclude imports of an originating good of the other Party if such imports are not a cause of serious injury or threat thereof.
2. Neither Party shall apply, with respect to the same good, at the same time:
(a) a bilateral safeguard measure as provided in Article 7.3 (Bilateral Safeguard Measures); and
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement
Article 7.5. Subcommittee on Trade Remedies
The Parties agree to establish a Subcommittee on Trade Remedies (TR Committee) under the CTG, consisting of government representatives of each Party's competent authorities.
Chapter 8. TRADE IN SERVICES
Article 8.1. Definitions
For the purposes of this Chapter:
"a service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers;
"aircraft repair and maintenance services" means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
"commercial presence" means any type of business or professional establishment, including through:
(a) the constitution, acquisition or maintenance of a juridical person, or
(b) the creation or maintenance of a branch or a representative office, within the territory of a Party for the purpose of supplying a service;
"computer reservation system services" means services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
"juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association;
A "juridical person" is:
(a) owned by persons of a Party if more than 50 per cent of the equity interest in it is beneficially owned by persons of that Party;
(b) controlled by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions;
(c) affiliated with another person when it controls, or is controlled by, that other person, or when it and the other person are both controlled by the same person;
"juridical person of the other Party" means a juridical person which is either:
(a) constituted or otherwise organised under the law of the other Party, and is engaged in substantive business operations in the territory of that Party; or
(b) in the case of the supply of a service through commercial presence, owned or controlled by:
(i) natural persons of that other Party; or
(ii) juridical persons of that other Party as identified under sub paragraph (g) (i);
"measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
"measures by a Party" means measures taken by:
(a) central, regional, or local governments and authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
In fulfilling its obligations and commitments under this Chapter, each Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non-governmental bodies within its territory;
"measures by a Party affecting trade in services" include measures in respect of:
(a) the purchase, payment or use of a service;
(b) the access to and use of, in connection with the supply of a service, services which are required by the Party to be offered to the public generally; and
(c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;
"monopoly supplier of a service" means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;
"natural person of the other Party" means a natural person who resides in the territory of that Party or elsewhere, and who under the law of that Party: