India - United Arab Emirates CEPA (2022)
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4. The Parties recognise the importance of transparent measures regarding government procurement, of carrying out procurements in a transparent and impartial manner and of avoiding conflicts of interest and corrupt practices, in accordance with applicable international instruments, such as the United Nations Convention Against Corruption.

Article 10.3. Scope

Application of Chapter

1. This Chapter applies to any measure regarding covered procurement.

2. The provisions of this Chapter do not affect the rights and obligations provided for in Chapter 2 (Trade in Goods) and Chapter 8 (Trade in Services).

3. For the purposes of this Chapter, except when done with a view to commercial sale or resale or for use in the production or supply of goods or services for commercial sale or resale, covered procurement means government procurement:

(a) of a good, service or any combination thereof as specified in each Party's Schedule in Annex 10A (for India) or Annex 10B (for the UAE);

(b) by any contractual means, including: purchase; rental or lease, with or without an option to buy;

(c) for which the value, as estimated in accordance with paragraphs 7 and 8, equals or exceeds the relevant threshold specified in a Party's Schedule under Annex 10A (for India) or Annex 10B (for the UAE), at the time of publication of a notice of intended procurement;

(d) by a procuring entity; and

(e) that is not otherwise excluded from coverage under this Agreement.

Activities Not Covered

4. Unless otherwise provided in a Party's Schedule under Annex 10A (for India) or Annex 10B (for the UAE), this Chapter does not apply to:

(a) the acquisition or renta! of land, existing buildings or other immovable property or the rights thereon;

(b) non-contractual agreements or any form of assistance that a Party, including its procuring entities, provides, including cooperative agreements, grants, loans, equity infusions, guarantees, subsidies, fiscal incentives, and sponsorship arrangements;

(c) the procurement or acquisition of: fiscal agency or depository services; liquidation and management services for regulated financial institutions; or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;

(d) public employment contracts; or

(e) procurement:

(i) conducted for the specific purpose of providing international assistance, including development aid;

(ii) funded under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Agreement; or

(iii) conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project.

Schedules

5. Each Party shall specify the following information in its Schedule under Annex 10A (for India) or Annex 10B (for the UAE):

(a) in Section A, the central government entities for which procurement is covered by this Chapter;

(b) in Section B, the services, other than construction services, covered by this Chapter;

(c) in Section C, the construction services covered by this Chapter;

(d) in Section D, General Notes;

(e) in Section E, Procurement Information.

Compliance

6. Each Party shall ensure that its procuring entities comply with this Chapter in conducting covered procurements. No procuring entity shall prepare or design a procurement, or otherwise structure or divide a procurement into separate procurements in any stage of the procurement, or use a particular method to estimate the value of a procurement, in order to avoid the obligations of this Chapter.

Valuation

7. In estimating the value of a procurement for the purposes of ascertaining whether it is a covered procurement, a procuring entity shall include the estimated maximum total value of the procurement over its entire duration, taking into account:

(a) all forms of remuneration, including any premium, fee, commission, interest or other revenue stream that may be provided for under the contract such as taxes, duties, logistical support, financing cost, staff, remuneration rates;

(b) the value of any option clause; and

(c) any contract awarded at the same time or over a given period to one or more suppliers under the same procurement.

8. If the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be deemed a covered procurement, unless otherwise excluded under this Agreement.

Article 10.4. Exceptions.

1 . Nothing in this Chapter shall be construed to prevent any Party from taking any action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.

2. For the purpose of this Chapter, Article XX of the GATT 1994 and its interpretative note shall apply mutatis mutandis to the procurement of goods, and Article XIV of the GATS including its footnotes shall apply mutatis mutandis to the procurement of services.

3. Additionally, subject to the requirement that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail, or a disguised restriction on international trade between the Parties, nothing in this Chapter shall be construed to prevent a Party, including its procuring entities, from adopting or maintaining a measure relating to the good or service of a person with disabilities, of philanthropic or not-for-profit institutions, or of prison labour.

Article 10.5. General Principles

National Treatment and Non-Discrimination

1. With respect to any measure regarding covered procurement, unless otherwise specified in this Chapter, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party, treatment no less favourable than the treatment that the Party, including its procuring entities, accords to domestic goods, services, and suppliers.

2. With respect to a measure regarding covered procurement, no Party, including its procuring entities, shall:

(a) treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign affiliation to or ownership by a person of the other Party; or

(b) discriminate against a locally established supplier on the basis that the good or service offered by that supplier for a particular procurement is a good or service of the other Party.

3. All purchase orders under contracts awarded for covered procurement shall be subject to paragraphs 1 and 2.

Procurement Methods

4. A procuring entity shall use an open tendering procedure for covered procurement unless Article 10.9 (Qualification of Suppliers) or Article 10.11 (Limited Tendering) applies.

Rules of Origin

5. For the purposes of covered procurement, a Party shall not apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party agreed to in Chapter 3 (Rules of Origin) of this Agreement. For those goods not incorporated in Chapter 3 (Rules of Origin), the relevant rules of origin in the laws and regulations of the Parties shall apply.

Measures Not Specific to Procurement

6. Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on or in connection with importation, the method of levying such duties and charges, other import regulations or formalities, and measures affecting trade in services other than measures governing covered procurement.

Use of Electronic Means

7. The Parties shall endeavour, within the context of their commitment, to promote electronic commerce with the view to providing opportunities for e- procurement.

8. When conducting covered procurement by electronic means, a procuring entity shall:

(a) ensure that the procurement is conducted using financial systems, information technology systems, and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available financial systems, information technology systems, and software; and

(b) establish and maintain mechanisms that ensure the integrity of information which provide opportunities to suppliers, including requests for participation in tenders.

Article 10.6. Publication of Procurement Information

1. Each Party shall promptly publish any measure of general application relating to covered procurement, and any change or addition to this information.

2. Each Party shall list in Section E of its Schedule under Annex 10A (for India) or Annex 10B (for the UAE) the paper or electronic means through which the Party publishes the information described in paragraph 1 and the notices required by Article 10.7 (Notices of Intended Procurement), paragraph 3 of Article 10.9 (Qualification of Suppliers), and paragraph 3 of Article 10:17 (Transparency and Post-Award Information).

3. Each Party shall, on request, provide an explanation in response to an inquiry relating to the information referred to in paragraph 1.

Article 10.7. Notices of Intended Procurement

1. For each covered procurement, except in the circumstances described in Articie 10.11 (Limited Tendering), a procuring entity shall publish a notice of intended procurement through the appropriate paper or electronic means listed in Annex 10A (for India) or Annex 10B (for the UAE). The notices shall remain readily accessible to the public until at least the expiration of the time period for responding to the notice or the deadline for submission of the tender.

2. The notices shall, if accessible by electronic means, be provided free of charge for central government entities that are covered under Annex 10A (for India) or Annex 10B (for the UAE), through a single point of access or through links in a single electronic portal.

3. Unless otherwise provided in this Chapter, each notice of intended procurement shall include the following information, unless that information is provided in the tender documentation that is made available free of charge to all interested suppliers at the same time as the notice of intended procurement:

(a) the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and the cost and terms of payment to obtain the relevant documents, if any;

(b) a description of the procurement, including, if appropriate, the nature and quantity of the goods or services to be procured and a description of any options, or the estimated quantity if the quantity is not known;

(c) if applicable, the time-frame for delivery of goods or services or the duration of the contract;

(d) if applicable, the address and any final date for the submission of requests for participation in the procurement;

(e) the address and the final date for the submission of tenders;

(f) the language or languages in which tenders or requests for participation may be submitted, if other than an official language of the Party of the procuring entity;

(g) a list and a brief description of any conditions for participation of suppliers, that may include any related requirements for specific documents or certifications that suppliers must provide;

(h) if, pursuant to Article 10.9 (Qualification of Suppliers), a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, if applicable, any limitation on the number of suppliers that will be permitted to tender;

(i) if, pursuant to Article 10.10 (Electronic Reverse Auction), a procuring entity intends to use an electronic reverse auction, all conditions, including the date and time of the auction, rules for participation, valid bid increments, how to bid, and whether the auction is divided into successive phases; technical information needed to particinate in the auction; the relevant information concerning the electronic equipment used; and the arrangements and technical specifications for connection; and

(j) an indication that the procurement is covered by this Chapter.

4. For greater certainty, paragraph 3 does not preclude a Party from charging a fee for tender documentation if the notice of intended procurement includes all of the information set out in paragraph 3.

Notice of Planned Procurement

5. Each Party shall encourage its procuring entities to publish, as early as possible in the fiscal year, information regarding the entities' indicative procurement plans in the e-procurement portal.

Article 10.8. Conditions for Participation

1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to fulfil the requirements of that procurement.

2. A procuring entity shall ensure that all conditions of participation and exclusion of suppliers are present in the tender documentation.

3. In establishing the conditions for participation, a procuring entity:

(a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party; and

(b) may require relevant prior experience if essential to meet the requirements of the procurement.

4. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall:

(a) evaluate the financial capacity and the commercial! and technical abilities of a supplier;

(b) base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation.

5. If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:

(a) bankruptcy or insolvency;

(b) false declarations;

(c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts;

(d) final judgments in respect of serious crimes or other serious offences;

(e) professional misconduct or actions or omissions that adversely reflect on the commercial integrity of the supplier; or

(f) failure to pay taxes.

Article 10.9. Qualification of Suppliers

Registration Systems and Qualification Procedures

1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information and documentation.

2. No Party, including its procuring entities, shall adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.

Selective Tendering

3. If a procuring entity intends to use selective tendering, the procuring entity shall:

(a) publish a notice of intended procurement that invites qualified suppliers to submit a request for participation in a covered procurement; and

(b) include in the notice of intended procurement the information specified in subparagraphs 3(a), (b), (d), (g), (h), (i) and (j) of Article 10.7 (Notices of Intended Procurement).

The procuring entity shall:

(a) publish the notice sufficiently in advance of the procurement to allow interested suppliers to request participation in the procurement;

(b) provide, by the commencement of the time period for tendering, at least the information in subparagraphs 3(c), (e), and (f) of Article 10.7 (Notices of Intended Procurement) to the qualified suppliers that it notifies as specified in Article 10.15 (Time Periods); and

(c) allow all qualified suppliers to submit a tender, unless the procuring entity stated in the notice of intended procurement a limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers.

5. If the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 3, the procuring entity shall ensure that the tender documentation is made available at the same time to all the qualified suppliers selected in accordance with subparagraph 4(c).

Multi-Use Lists

6. A Party, including its procuring entities, may establish or maintain a multi-use list, provided that it publishes annually, or otherwise makes continuously available by electronic means, a notice inviting interested suppliers to apply for inclusion in the list. The notice shall include:

(a) a description of the goods and services, or categories thereof, for which the list may be used;

(b) the conditions for participation to be satisfied by suppliers for inclusion in the fist and the methods that the procuring entity or other government agency will use to verify a supplier's satisfaction of those conditions;

(c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain ail relevant documents relating to the list;

(d) the period of validity of the list and the means for its renewal or termination or, if the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the fist;

(e) the deadline for submission of applications for inclusion in the list, if applicable; and

(f) an indication that the list may be used for procurement covered by this Chapter, unless that indication is publicly available through information published pursuant to paragraph 2 of Article 10.6 (Publication of Procurement Information).

7. A Party, including its procuring entities, that establishes or maintains a multi- use list, shall include in the list, within a reasonable period of time, all suppliers that satisfy the conditions for participation set out in the notice referred to in paragraph 6.

8. If a supplier that is not included in a multi-use list submits a request for participation in a procurement based on the multi-use list and submits all required documents, within the time period provided for in Article 10.15 (Time Periods), a procuring entity shall examine tne request. The procuring eritity shali not exciude the supplier from consideration in respect of the procurement unless the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.

Information on Procuring Entity Decisions

9. A procuring entity or other entity of a Party shal! promptly inform any supplier that submits a request for participation in a procurement or application for inclusion in a multi-use list of the decision with respect to the request or application.

10. If a procuring entity or other entity of a Party rejects a supplier's request for participation or application for inclusion in a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and on request of the supplier, promptly provide the supplier with a written explanation of the reason for its decision.

Article 10.10. Electronic Reverse Auction

1. A procuring entity may use electronic reverse auctions only under the following circumstances:

(a) it is feasible for the procuring entity to formulate a detailed description of the subject matter of the procurement;

(b) there is a competitive market of bidders anticipated to be qualified to participate in the electronic reverse auction, so that effective competition is ensured; and

(c) the sole criterion to be used by the procuring entity in determining the successful bid is price.

2. If a procuring entity intends to use electronic reverse auctions, the procuring entity shall:

(a) solicit bids through an invitation to the electronic reverse auction to be published or communicated; and

(b) include in the invitation details relating to access to and registration for the auction, opening and closing of the auction, and norms for conduct of the auction.

Article 10.11. Limited Tendering

1. Subject to paragraph 2 and provided that it does not use this provision to protect domestic suppliers, or in a manner that discriminates against suppliers of the other Party, a procuring entity may use limited tendering.

2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not ie apply Article 10.7 (Notices of intended Procurement), Article 10.8 (Conditions for Participation), Article 10.9 (Qualification of Suppliers), Article 10.12 (Negotiations), Article 10.13 (Technical Specifications), Article 10.14 (Tender Documentation), Article 10.15 (Time Periods), or Article 10.16 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances:

(a) if, in response to a prior notice, invitation to participate, or invitation to tender:

(i) no tenders were submitted or no suppliers requested participation,

(ii) no tenders were submitted that conform to the essential requirements in the tender documentation,

(iii) no suppliers satisfied the conditions for participation, or

(iv) the tenders submitted were collusive,

provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation;

(b) if the good or service can be supplied only by particular supplier(s) and no reasonable alternative or substitute good or service exists for any of the following reasons:

(i) the requirement is for a work of art,

(ii) the protection of patents, copyrights, or other exclusive rights, or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier or its authorised agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services:

(i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, or due to conditions under original supplier warranties, and

(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity;

(d) if a procuring entity procures a prototype or a first good or service that is intended for limited trial or that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. Original development of a prototype or a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the prototype or the first good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter;

(e) if additional services that were not included in the initial contract conducted through methods other than limited tendering, but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional services may not exceed fifty percent (50%) of the value of the initial contract, except in rare situations;

(f) for new services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded and for which the entity has indicated in the notice of intended procurement concerning the initial service that limited tendering procedures might be used in awarding contracts for such new services;

(g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy, or receivership, but not for routine purchases from regular suppliers;

(h) if a contract is awarded to the winner of a design contest, provided that:

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 ObjectivesThe Objectives of this Agreement Are: 1
  • Article   1.3 General Definitions 1
  • Article   1.4 Geographical Scope 1
  • Article   1.5 Relation to other Agreements 1
  • Article   1.6 Regional and Local Government 1
  • Article   1.7 Transparency 1
  • Article   1.8 Confidential Information 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 DefinitionsFor the Purposes of this Chapter: 1
  • Article   2.3 National Treatment on Internal Taxation and Regulation 1
  • Article   2.4 Customs Duties 1
  • Article   2.5 Classification of Goods and Transposition of Schedules 1
  • Article   2.6 Temporary Admission 1
  • Article   2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.8 Goods Returned or Re-Entered after Repair or Alteration 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Import Licensing 1
  • Article   2.11 Customs Valuation 1
  • Article   2.12 Export Subsidies 1
  • Article   2.13 Transparency 1
  • Article   2.14 Restrictions to Safeguard the Balance-of-Payments 1
  • Article   2.15 Administrative Fees and Formalities 2
  • Article   2.16 Non-Tariff Measures 2
  • Article   2.17 State Trading Enterprises 2
  • Article   2.18 Revision Clause 2
  • Article   2.19 Exchange of Data 2
  • Article   2.20 Committee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Article   3.2 Origin Criteria 2
  • Article   3.3 Wholly Obtained or Produced Product 2
  • Article   3.4 De Minimis 2
  • Article   3.5 Minimal or Insufficient Operations and Processes 2
  • Article   3.6 Non-Qualifying Operations 2
  • Article   3.7 Bilateral Cumulation 2
  • Article   3.8 Packages, Packing Materials and Containers 2
  • Article   3.9 Accessories, Spare Parts, Tools 2
  • Article   3.10 Indirect Materials 2
  • Article   3.11 Accounting Segregation 2
  • Article   3.12 Transport 2
  • Article   3.13 Proof of Origin 2
  • Article   3.14 Certificate of Origin and Certification Procedures 3
  • Article   3.15 Third-Party Invoicing 3
  • Article   3.16 Authorities 3
  • Article   3.17 Application for Certificate of Origin 3
  • Article   3.18 Preservation of Documents 3
  • Article   3.19 Obligation of the Exporter/Producer/Manufacturer 3
  • Article   3.20 Presentations of the Certificate of Origin 3
  • Article   3.21 Verification of Certificates of Origin 3
  • Article   3.22 Procedure for Verification 3
  • Article   3.23 Release of Products 3
  • Article   3.24 Confidentiality 3
  • Article   3.25 Denial of Preferential Treatment 3
  • Article   3.26 Products Complying with Rules of Origin 3
  • Article   3.27 Prospective Restoration of Preferential Benefits 3
  • Article   3.28 Temporary Suspension of Preferential Treatment 3
  • Article   3.29 Non-Compliance of Products with Rules of Origin and Penalties 3
  • Article   3.30 Relevant Dates 3
  • Article   3.31 Cooperation 3
  • Article   3.32 Consultation and Modifications 3
  • Article   3.33 Application and Interpretation 3
  • Article   3.34 Exchange of Electronic Data on Origin 3
  • Article   3.35 Origin Declaration 4
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   4.1 Definitions 4
  • Article   4.2 Objectives 4
  • Article   4.3 Scope 4
  • Article   4.4 General Provision 4
  • Article   4.5 Equivalence 4
  • Article   4.6 Adaptation to Regional Conditions, Including Pest or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 4
  • Article   4.7 Risk Analysis 4
  • Article   4.8 Audit, Certification and Import Checks 4
  • Article   4.9 Emergency Measures 4
  • Article   4.10 Transparency 4
  • Article   4.11 Cooperation and Capacity Building 4
  • Article   4.12 Technical Discussions 4
  • Article   4.13 Contact Points and Competent Authorities 4
  • Article   4.14 Subcommittee on SPS 4
  • Chapter   5 TECHNICAL BARRIERS TO TRADE 4
  • Article   5.1 Definitions 4
  • Article   5.2 Objectives 4
  • Article   5.3 Scope 4
  • Article   5.4 Incorporation of the TBT Agreement 5
  • Article   5.5 Standards 5
  • Article   5.6 Technical Regulations 5
  • Article   5.7 Conformity Assessment Procedures 5
  • Article   5.8 Cooperation 5
  • Article   5.9 Information Exchange and Technical Discussions 5
  • Article   5.10 Transparency 5
  • Article   5.11 Contact Points 5
  • Article   5.12 Subcommittee on Standards, Technical Regulations and Conformity Assessment Procedures 5
  • Article   5.13 Annexes 5
  • Chapter   6 CUSTOMS PROCEDURES AND TRADE FACILITATION 5
  • Article   6.1 Definitions 5
  • Article   6.2 Scope 5
  • Article   6.3 General Provisions 5
  • Article   6.4 Publication and Availability of Information 5
  • Article   6.5 Risk Management 5
  • Article   6.6 Paperless Communications 5
  • Article   6.7 Advance Rulings 5
  • Article   6.8 Penalties 5
  • Article   6.9 Release of Goods 5
  • Article   6.10 Authorised Economic Operators 6
  • Article   6.11 Border Agency Cooperation 6
  • Article   6.12 Expedited Shipments 6
  • Article   6.13 Review and Appeal 6
  • Article   6.14 Customs Cooperation 6
  • Article   6.15 Confidentiality 6
  • Article   6.16 Subcommittee on Customs Procedures and Trade Facilitation 6
  • Chapter   7 TRADE REMEDIES 6
  • Article   7.1 Definitions 6
  • Article   7.2 Anti-Dumping and Countervailing Measures 6
  • Article   7.3 Bilateral Safeguard Measures 6
  • Article   7.4 Globai Safeguard Measures 6
  • Article   7.5 Subcommittee on Trade Remedies 6
  • Chapter   8 TRADE IN SERVICES 6
  • Article   8.1 Definitions 6
  • Article   8.2 Scope and Coverage 7
  • Article   8.3 Market Access 7
  • Article   8.4 National Treatment 7
  • Article   8.5 Additional Commitments 7
  • Article   8.6 Most Favoured Nation Treatment 7
  • Article   8.7 Schedule of Specific Commitments 7
  • Article   8.8 Modification of Schedules 7
  • Article   8.9 Review 7
  • Article   8.10 Domestic Regulation 7
  • Article   8.11 Recognition 7
  • Article   8.12 Monopolies and Exclusive Service Suppliers 7
  • Article   8.13 Business Practices 7
  • Article   8.14 Safeguard Measures 7
  • Article   8.15 Subsidies 7
  • Article   8.16 Payments and Transfers 7
  • Article   8.17 Restrictions to Safeguard the Balance of Payments 7
  • Article   8.18 Denial of Benefits 7
  • Article   8.19 Movement of Natural Persons 7
  • Chapter   9 DIGITAL TRADE 7
  • Article   9.1 Definitions 7
  • Article   9.2 Objectives 8
  • Article   9.3 General Provisions 8
  • Article   9.4 Paperless Trading 8
  • Article   9.5 Domestic Electronic Transactions Framework 8
  • Article   9.6 Authentication 8
  • Article   9.7 Digital Identities 8
  • Article   9.8 Online Consumer Protection 8
  • Article   9.9 Unsolicited Commercial Electronic Messages 8
  • Article   9.10 Personal Data Protection 8
  • Article   9.11 Cross-Border Flow of Information 8
  • Article   9.12 Open Data 8
  • Article   9.13 Digital Government 8
  • Article   9.14 Cooperation on Digital Products 8
  • Article   9.15 Customs Duties 8
  • Article   9.16 Digital and Electronic Invoicing 8
  • Article   9.17 Digital and Electronic Payments 8
  • Article   9.18 Principles on Access to and Use of the Internet for Digital Trade 8
  • Article   9.19 Cyber Security 8
  • Article   9.20 Cooperation 8
  • Chapter   10 GOVERNMENT PROCUREMENT 8
  • Article   10.1 Definitions 8
  • Article   10.2 General Provisions 8
  • Article   10.3 Scope 9
  • Article   10.4 Exceptions. 9
  • Article   10.5 General Principles 9
  • Article   10.6 Publication of Procurement Information 9
  • Article   10.7 Notices of Intended Procurement 9
  • Article   10.8 Conditions for Participation 9
  • Article   10.9 Qualification of Suppliers 9
  • Article   10.10 Electronic Reverse Auction 9
  • Article   10.11 Limited Tendering 9
  • Article   10.12 Negotiations 10
  • Article   10.13 Technical Specifications 10
  • Article   10.14 Tender Documentation 10
  • Article   10.15 Time Periods 10
  • Article   10.16 Treatment of Tenders and Awarding of Contracts 10
  • Article   10.17 Transparency and Post-Award Information 10
  • Article   10.18 Disclosure of Information 10
  • Article   10.19 Ensuring Integrity In Procurement Practices 10
  • Article   10.26 Domestic Review. 10
  • Article   10.21 Modifications and Rectifications of Annex 10
  • Article   10.22 Facilitation of Participation by Micro, Small and Medium Enterprises (MSMEs) 10
  • Article   10.23 Financial Obligations. 10
  • Article   10.24 Language. 10
  • Article   10.25 Dispute Settlement Mechanism 10
  • Chapter   11 INTELLECTUAL PROPERTY 10
  • Section   A General Provisions 10
  • Article   11.1 Definitions 10
  • Article   11.2 Objectives 10
  • Article   11.3 Principles 10
  • Article   11.4 Understandings In Respect of this Chapter 10
  • Article   11.5 Nature and Scope of Obligations 10
  • Article   11.6 TRIPS and Public Health 10
  • Article   11.7 National Treatment 11
  • Article   11.8 Most-Favoured-Nation Treatment 11
  • Article   11.9 Transparency and Ease of Access 11
  • Article   11.10 Application of Chapter to Existing Subject Matter and Prior Acts 11
  • Article   11.11 Exhaustion of Intellectual Property Rights 11
  • Section   B Cooperation 11
  • Article   11.12 Cooperation Activities and Initiatives 11
  • Article   11.13 Cooperation In the Field of Patents 11
  • Article   11.14 Cooperation on Request 11
  • Section   C Trademarks 11
  • Article   11.15 Use of Identical or Similar Signs 11
  • Article   11.16 Scope of Protection In Trademarks 11
  • Article   11.17 Well-Known Trademarks 11
  • Article   11.18 Procedural Aspects of Examination, Opposition and Cancellation 11
  • Article   11.19 Classification of Goods and Services 11
  • Article   11.20 Multiclass Application 11
  • Article   11.21 Term of Protection for Trademarks 11
  • Article   11.22 Exceptions 11
  • Section   D Country Names 11
  • Article   11.23 Country Names 11
  • Section   E Geographical Indications 11
  • Article   11.24 Recognition of Geographical Indications 11
  • Article   11.25 Opposition Procedures 11
  • Section   F Patents and Undisclosed Test or other Data 11
  • Subsection   A General Patents 11
  • Article   11.26 Grace Period 11
  • Article   11.27 Exceptions 11
  • Article   11.28 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions 11
  • Subsection   B Protection of Undisclosed Test or other Data 11
  • Article   11.29 Protection of Undisclosed Test or other Data for Pharmaceutical Products 11
  • Section   G Copyright and Related Rights 11
  • Article   11.30 Rights of Reproduction, Distribution and Communication 11
  • Article   11.31 Related Rights 11
  • Article   11.32 Obligations Concerning Protection of Technological Measures and Rights Management Information 11
  • Article   11.33 Limitations and Exceptions 11
  • Section   H Enforcement 11
  • Article   11.34 General Obligation In Enforcement 11
  • Chapter   12 INVESTMENT AND TRADE 11
  • Article   12.1 UAE-India Bilateral Investment Treaty 11
  • Article   12.2 Promotion of Investment 11
  • Article   12.3 Technical Council 12
  • Article   12.4 Objectives of the Council 12
  • Article   12.5 Role of the Council 12
  • Article   12.6 Non-Application of Dispute Settlement 12
  • Chapter   13 MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) 12
  • Article   13.1 General Principles 12
  • Article   13.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 12
  • Article   13.3 Information Sharing 12
  • Article   13.4 Committee on SME Issues 12
  • Article   13.5 Non-Application of Dispute Settlement 12
  • Chapter   14 ECONOMIC COOPERATION 12
  • Article   14.1 Objectives 12
  • Article   14.2 Scope 12
  • Article   14.3 Annual Work Program on Economic Cooperation Activities 12
  • Article   14.4 Competition Policy 12
  • Article   14.5 Environmental Cooperation 12
  • Article   14.6 Air Services Cooperation 12
  • Article   14.7 Resources 12
  • Article   14.8 Committee on Economic Cooperation 12
  • Article   14.9 Non-Application of Chapter 15 (Dispute Settlement) 12
  • Chapter   15 DISPUTE SETTLEMENT 12
  • Section   A OBJECTIVE AND SCOPE 12
  • Article   15.1 Objective 12
  • Article   15.2 Cooperation 12
  • Article   15.3 Scope of Application 12
  • Article   15.4 Contact Points 12
  • Section   B CONSULTATIONS AND MEDIATION 12
  • Article   15.5 Request for Information 12
  • Article   15.6 Consultations 12
  • Article   15.7 Good Offices or Mediation 12
  • Section   C PANEL PROCEDURES 13
  • Article   15.8 Establishment of a Panel 13
  • Article   15.9 Composition of a Panel 13
  • Article   15.10 Requirements for Panellists 13
  • Article   15.11 Replacement of Panellists 13
  • Article   15.12 Functions of the Panel 13
  • Article   15.13 Terms of Reference 13
  • Article   15.14 Decision on Urgency 13
  • Article   15.15 Rules of Interpretation 13
  • Article   15.16 Rules of Procedure of the Panel 13
  • Article   15.17 Receipt of Information 13
  • Article   15.18 Interim Report 13
  • Article   15.19 Final Report 13
  • Article   15.20 Implementation of the Final Report 13
  • Article   15.21 Reasonable Period of Time for Compliance 13
  • Article   15.22 Compliance Review 13
  • Article   15.23 Temporary Remedies In Case of Non-Compliance 13
  • Article   15.24 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies 13
  • Article   15.25 Suspension and Termination of Proceedings 13
  • Section   D GENERAL PROVISIONS 13
  • Article   15.26 Choice of Forum 13
  • Article   15.27 Costs 13
  • Article   15.28 Mutually Agreed Solution 13
  • Article   15.29 Time Periods 13
  • Article   15.30 Annexes 13
  • Annex 15A  Code of Conduct for Panellists (Referred to in Chapter 15) 13
  • Annex 15B  Rules of Procedure for the Panel (Referred to in Chapter 15) 13
  • Chapter   16 EXCEPTIONS 14
  • Article   16.1 General Exceptions 14
  • Article   16.2 Security Exceptions 14
  • Article   16.3 Taxation 14
  • Chapter   17 ADMINISTRATION OF THE AGREEMENT 14
  • Article   17.1 Joint Committee 14
  • Article   17.2 Communications 14
  • Chapter   18 FINAL PROVISIONS 14
  • Article   18.1 Annexes, Footnotes and Side Letters 14
  • Article   18.2 Amendments 14
  • Article   18.3 Accession 14
  • Article   18.4 Duration and Termination 14
  • Article   18.5 Entry Into Force 14