Each Party shall provide, in accordance with its respective legislation, temporary admission, free of import duties and taxes, of technical equipment for the making of co-production films.
Article 13. Film and Television Mixed Commission
1. There shall be a Film and Television Mixed Commission composed of representatives of the Parties, including the competent authorities and industry representatives.
2. The role of the Film and Television Mixed Commission shall be to supervise and review the operation of this Chapter and to make any proposals considered necessary to improve its effectiveness.
3. The Film and Television Mixed Commission shall be convened, whether physically or by teleconference or otherwise, at the request of either of the Parties within six months of such a request.
Article 14. Implementing Arrangement
1. The Implementing Arrangement on Film and Television Co-Production shall be read in conjunction with the provisions of this Chapter.
2. The Implementing Arrangement on Film and Television Co-Production may be modified or amended by mutual consent of the competent authorities following consultations with the Film and Television Mixed Commission. Modification or amendment to the Implementing Arrangement on Film and Television Co-Production shall be consistent with the rights and obligations of the Parties under this Chapter and shall not constitute amendments to this Agreement under Article 2 (Amendments) of Chapter 25 (Final Provisions).
3. Modifications or amendments to the Implementing Arrangement on Film and Television Co-Production shall be confirmed by the competent authorities in writing and shall take effect on the date they specify.
Article 15. Non-application of Dispute Settlement
Neither Party shall have recourse to Chapter 21 (Dispute Settlement) in respect of any issue arising from or relating to this Chapter.
Chapter 19. Cooperation on Indigenous Issues
Article 1. Objectives
The objectives of this Chapter are to:
(a) seek to enhance cultural and people-to-people contacts between the indigenous peoples in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand's Māori; and
(b) expand and facilitate trade and economic relations between the indigenous peoples in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand's Māori.
Article 2. Implementation
1. The coordinating authorities responsible for the implementation of this Chapter are:
(a) for New Zealand: the Ministry of Māori Development (Te Puni Kōkiri); and
(b) for Chinese Taipei: the Council of Indigenous Peoples.
2. The Parties shall, through their coordinating authorities:
(a) hold at least one meeting each year for the planning of measures designed to enhance economic, cultural and people-to-people contacts between the indigenous peoples in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand's Māori;
(b) promote and facilitate the exchange of experiences relating to indigenous peoples' issues, including the following areas: economic and business development, tourism, natural resource development, artistic performances, agricultural production, culture, language promotion, education, human rights, land ownership issues, employment, social policy, biodiversity, sports and traditional medicine;
(c) promote and facilitate the development of direct contacts with or between academic institutions, non-governmental organisations, local government bodies and tribal authorities, to support these endeavours;
(d) promote indigenous personnel exchanges in academic, cultural and business exchanges through conferences on a rotation basis, including educators, cultural workers, language instructors, writers and artists, linguists, and ethnologists;
(e) promote stronger relationships between Māori exporters and importers in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;
(f) promote stronger relationships between indigenous exporters in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand importers;
(g) encourage stronger institutional relationships in tourism, including cooperation and exchange mechanisms, workshops, and internships with the participation of the public and private sectors;
(h) advance exchanges in translation and the publication of indigenous research and literary works;
(i) promote exchanges and relations between their indigenous peoples on broadcasting, including television and other media, licensing and the release of indigenous music recordings, films and multimedia productions in the context of Chapter 18 (Film and Television Co-Production); and
(j) arrange funding for any exchanges facilitated under this Chapter on a case-by-case basis.
Article 3. Consultation
1. At the request of either Party, the Parties agree to consult each other concerning any policies or decisions which may adversely impact the indigenous peoples' aspects of trade between the Parties.
2. Neither Party shall have recourse to Chapter 21 (Dispute Settlement) in respect of any issue arising from or relating to this Chapter.
Chapter 20. Transparency
Article 1. Definitions
For the purposes of this Chapter: administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations and that is relevant to the implementation of this Agreement but does not include:
(a) a determination or ruling made in administrative or quasi-judicial proceedings that applies to a particular person, good, or service of another Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 2. Publication
1. Each Party shall ensure that its laws, regulations, administrative guidance, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly, but in no case later than 90 days after implementation or enforcement, published or otherwise made available 15 in such a manner as to enable (15) Including through the internet or in print form. interested persons and the other Party to become acquainted with them.
2. When possible, each Party shall:
(a) publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and
(b) provide, where appropriate, interested persons and the other Party with a reasonable opportunity to comment on such proposed measures.
Article 3. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals, or procedures, for the purpose of the prompt review and correction of final administrative actions regarding matters covered by this Agreement, other than those taken for prudential reasons. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceedings 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 or, where required by domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that decisions referred to in paragraph 1 of this Article shall be implemented by, and shall govern the practice of, the offices or authorities with respect to the administrative action at issue.
Article 4. Contact Points
1. Each Party shall designate a contact point or points, and provide details of such contact points to the other Party, to facilitate communications between the Parties on any matter covered by this Agreement.
2. The Parties shall notify each other promptly of any amendments to the details of their contact points.
3. Each Party shall ensure that its contact points are able to coordinate and facilitate a response on any matter covered by this Agreement, including any enquiries referred to in Article 6 (Notification and Provision of Information).
4. On the request of the other Party, the contact points shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communications with the requesting Party.
Article 5. Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable manner all measures affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures referred to in paragraph 1 of Article 2 (Publication) to particular persons, goods, or services of the other Party in specific cases, that: (a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in question;
(b) persons of the other Party that are directly affected by a proceeding are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with its law.
Article 6. Notification and Provision of Information
1. Where a Party considers that any actual or proposed measure might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement, that Party shall notify the other Party, to the extent possible, of the actual or proposed measure.
2. On request of the other Party, the requested Party shall within 30 days of receipt of the request provide information and respond to questions pertaining to any actual or proposed measure.
3. Any notification, request, information or response provided under this Article shall be conveyed to the other Party through its contact points.
4. The notification referred to in paragraph 1 of this Article shall be regarded as having been conveyed in accordance with paragraph 3 of this Article when the actual or proposed measure has been appropriately notified to the WTO.
5. Any notification, information or response provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
Chapter 21. Dispute Settlement
Article 1. Objectives
The objective of this Chapter is to provide an effective, efficient and transparent process for consultations and the settlement of disputes arising under this Agreement.
Article 2. Scope and Coverage
1. Except as otherwise provided in this Agreement, the rules and procedures of this Chapter shall apply:
(a) with respect to the avoidance or settlement of disputes between the Parties regarding the interpretation or application of this Agreement;
(b) wherever a Party considers that an actual or proposed measure of the other Party is not or would not be in conformity with the obligations of this Agreement or that the other Party has otherwise failed to carry out its obligations under this Agreement; or
(c) wherever a Party considers that any benefit it could reasonably have expected to accrue to it under any provision of this Agreement is being nullified or impaired as a result of the application of any actual or proposed measure, whether or not such measure is in conformity with this Agreement.
2. Subject to Article 4 (Choice of Forum), this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under other agreements to which they are party.
Article 3. General Provisions
For the purpose of this Chapter: arbitral tribunal means an arbitral tribunal established pursuant to Article 7 (Establishment of an Arbitral Tribunal); complaining Party means the Party that requests consultations under Article 5 (Consultations); and responding Party means the Party to which the request for consultations is made under Article 5 (Consultations).
Article 4. Choice of Forum
1. Where a dispute regarding any matter arises under this Agreement and under another agreement to which both Parties are party, the complaining Party may select the forum in which to settle the dispute.
2. Once the complaining Party has selected a particular forum, the forum selected shall be used to the exclusion of other possible fora in respect of the dispute.
3. For the purposes of this Article, the complaining Party shall be deemed to have selected a forum when it has requested the establishment of, or referred a matter to, a dispute settlement panel or arbitral tribunal.
Article 5. Consultations
1. Each Party shall accord adequate opportunity for consultations with respect to any matter referred to in Article 2 (Scope and Coverage). Any differences shall, as far as possible, be settled by consultation between the Parties.
2. A request for consultations shall be submitted in writing and shall give the reasons for the request, including identification of any actual or proposed measure or other matter at issue and an indication of the legal basis for the complaint. The complaining Party shall deliver the request to the responding Party.
3. If a request for consultations is made, the responding Party shall reply to the request in writing within seven days after the date of its receipt and shall enter into consultations in good faith with a view to reaching a mutually satisfactory solution within a period of no more than:
(a) 15 days after the date of receipt of the request for urgent matters, including those concerning perishable goods; or (b) 30 days after the date of receipt of the request for all other matters.
4. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. To this end, the Parties shall:
(a) provide sufficient information to enable a full examination of how the actual or proposed measure or other matter might affect the operation or application of this Agreement; and
(b) treat any information exchanged in the course of consultations which is designated by a Party as confidential or proprietary in nature, on the same basis as the Party providing the information.
5. If the responding Party does not reply within the required seven days, or does not enter into consultations within the timeframes specified in subparagraph 3(a) or 3(b), or a period otherwise mutually agreed by the Parties, the complaining Party may proceed directly to request the establishment of an arbitral tribunal under Article 7 (Establishment of an Arbitral Tribunal).
6. The consultations shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
7. The complaining Party may request the responding Party to make available for the consultations personnel from its agencies or other regulatory bodies who have expertise in the matter under consultation.
Article 6. Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin at any time and be terminated at any time.
2. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the Parties during these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings.
Article 7. Establishment of an Arbitral Tribunal
1. The complaining Party may request, by means of a written notification addressed to the responding Party, the establishment of an arbitral tribunal if:
(a) the consultations fail to settle a dispute within:
(i) 30 days after the date of receipt of the request for consultations regarding urgent matters, including those concerning perishable goods; or
(ii) 60 days after the date of receipt of the request for consultations regarding all other matters; or
(b) paragraph 5 of Article 5 (Consultations) applies.
2. The Parties may agree during the consultations to vary the periods set out in subparagraph 1(a) of this Article.
3. The request to establish an arbitral tribunal shall identify:
(a) the specific measures at issue;
(b) the legal basis of the complaint sufficient to present the problem clearly including, where applicable: (i) any provisions of this Agreement alleged to have been breached;
(ii) whether there is a claim for nullification and impairment; and
(iii) any other relevant provisions; and (c) the factual basis for the complaint.
4. Unless otherwise agreed by the Parties, the arbitral tribunal shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
5. Notwithstanding paragraphs 1 and 3 of this Article, an arbitral tribunal may not be established to review a proposed measure.
Article 8. Composition of Arbitral Tribunals
1. The arbitral tribunal shall consist of three members.
2. Each Party shall appoint an arbitrator within 15 days of the receipt of the request to establish an arbitral tribunal, and shall at the same time nominate up to five candidates to serve as the third arbitrator who shall be the chair of the arbitral tribunal.
3. The Parties shall appoint by common agreement the chair within 30 days of the receipt of the request to establish an arbitral tribunal, taking into account the candidates nominated pursuant to paragraph 2 of this Article.
4. The chair shall be a national of a non-Party who shall not have his or her usual place of residence in either of the Parties.
5. If all three members of the arbitral tribunal have not been appointed in accordance with paragraphs 2 and 3 of this Article within 30 days of receipt of the request to establish an arbitral tribunal, the arbitrator or arbitrators not yet appointed shall be chosen within 10 days by lot drawn from the candidates nominated pursuant to paragraph 2 of this Article. If there is a common candidate or candidates notified by both Parties pursuant to paragraph 2 of this Article, the lot shall be drawn from among the common candidates only.
6. All arbitrators shall:
(a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability and sound judgment;
(c) be independent of, and not be affiliated with or take instructions from, either of the Parties;
(d) not have dealt with the matter under dispute in any capacity; and
(e) comply with the code of conduct for panellists established under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement.
7. The date of establishment of the arbitral tribunal shall be the date on which the last arbitrator is appointed.
8. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed within 15 days from the date written notice is received by the Parties of the need for a successor in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended pending the appointment of the successor arbitrator.
9. Where an arbitral tribunal is established under Articles 13 (Implementation), 14 (Compliance within Reasonable Period of Time) and 16 (Review), it shall, where possible, have the same arbitrators as the original arbitral tribunal and the same arbitrators shall be confirmed by the same timeline under this Article. Where having the same arbitrators is not possible, any replacement arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and shall have all the powers and duties of the original arbitrator. The arbitral tribunal may comprise only the chair of the original arbitral tribunal if the Parties so agree.
Article 9. Functions of Arbitral Tribunals
1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an objective assessment of the facts of the case and the applicability of and conformity with this Agreement, and make such other findings and rulings necessary for the resolution of the dispute referred to it as it thinks fit. The findings and rulings of the arbitral tribunal shall be binding on the Parties.
2. The arbitral tribunal shall, apart from the matters set out in Article 10 (Proceedings of Arbitral Tribunals) and Annex 8 (Model Rules of Procedure for Arbitral Tribunals), regulate its own procedures in relation to the rights of Parties to be heard and its deliberations, in consultation with the Parties.
3. The arbitral tribunal shall make its decisions to which paragraph 2 of this Article applies and its findings and rulings by consensus, provided that where an arbitral tribunal is unable to reach consensus these may be made by majority vote. The arbitral tribunal shall not disclose which arbitrators are associated with majority or minority opinions.
4. The findings and rulings of the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement.
Article 10. Proceedings of Arbitral Tribunals
1. The arbitral tribunal proceedings shall be conducted in accordance with the provisions in this Chapter and, unless the Parties agree otherwise, the Model Rules of Procedure for Arbitral Tribunals set out at Annex 8.
2. Unless the Parties otherwise agree within 20 days from the date of receipt of the request for the establishment of the arbitral tribunal, the terms of reference shall be: "To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitral tribunal pursuant to Article 7 and to make findings and rulings of law and fact together with the reasons therefore for the resolution of the dispute."
3. At the request of a Party or on its own initiative, the arbitral tribunal may seek information and technical advice from any individual or body which it deems appropriate. Any information or technical advice so obtained shall be submitted to the Parties for comment. Where the arbitral tribunal takes the information or technical advice into account in the preparation of its report, it shall also take into account any comments by the Parties on the information or technical advice.
Article 11. Termination of Proceedings
1. The Parties may agree to terminate the proceedings of an arbitral tribunal in the event that a mutually satisfactory solution to the dispute has been found. In such event the Parties shall jointly notify the chair of the arbitral tribunal.
2. The Parties may agree that the arbitral tribunal suspend its work at any time for a period not exceeding 12 months from the date of such agreement. In such event the Parties shall jointly notify the chair of the arbitral tribunal. If the work of the arbitral tribunal has been suspended for more than 12 months, the authority for establishment of the arbitral tribunal shall lapse unless the Parties agree otherwise.
Article 12. Reports of the Arbitral Tribunal
1. The reports of the arbitral tribunal shall be drafted without the presence of the Parties and shall be based on the relevant provisions of this Agreement, the submissions and arguments of the Parties and any other information provided to it in accordance with paragraph 3 of Article 10 (Proceedings of Arbitral Tribunals).
2. The arbitral tribunal shall present to the Parties its initial report within 90 days of the date of establishment of the arbitral tribunal or in cases of urgency, including those concerning perishable goods, within 60 days of the date of establishment of the arbitral tribunal. The initial report shall contain: (a) findings of fact; and (b) the determination of the arbitral tribunal as to whether a Party has not conformed with its obligations under this Agreement or that a Party's measure is causing nullification or impairment and any other determination requested in the terms of reference or required to perform its functions under Article 9 (Functions of Arbitral Tribunals).
3. In exceptional cases, if the arbitral tribunal considers it cannot release its initial report within 90 days, or within 60 days in cases of urgency, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.
4. A Party may submit written comments on the initial report to the arbitral tribunal within 10 days of receiving the initial report or within such other period as the Parties may agree.
5. After considering any written comments by the Parties and making any further examination it considers necessary, the arbitral tribunal shall present to the Parties its final report within 30 days of presentation of the initial report, unless the Parties otherwise agree.
6. If in its final report, the arbitral tribunal finds that a Party's measure does not conform with this Agreement or is causing nullification or impairment, it shall include in its findings and rulings a requirement to remove the non-conformity or address the nullification or impairment.
7. The Parties shall release the final report of the arbitral tribunal as a public document within 15 days from the date of its presentation to the Parties, subject to the protection of confidential information.
Article 13. Implementation
1. The findings and rulings of the arbitral tribunal shall be final and binding on the Parties.
2. The Parties shall immediately comply with the findings and rulings of the arbitral tribunal. Where it is not practicable to comply immediately, the Parties shall comply with the findings and rulings within a reasonable period of time. The reasonable period of time shall be mutually determined by the Parties. Where the Parties fail to agree on the reasonable period of time within 45 days of the presentation to the Parties of the arbitral tribunal's final report, either Party may refer the matter, in accordance with paragraph 9 of Article 8 (Composition of Arbitral Tribunals), to the original arbitral tribunal, which shall determine the reasonable period of time following consultation with the Parties.
3. The arbitral tribunal shall provide its report to the Parties within 60 days of the date on which the arbitral tribunal is established to consider the matter referred to in paragraph 2 of this Article. The report shall contain the determination of the arbitral tribunal as to the reasonable period of time and the reasons for its determination. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.
Article 14. Compliance Within Reasonable Period of Time
1. Where there is disagreement as to the existence or consistency with this Agreement of measures taken within a reasonable period of time to comply with the findings and rulings of the arbitral tribunal, such dispute shall be decided through recourse to the dispute settlement procedures in this Chapter, including wherever possible by resort to the original arbitral tribunal, in accordance with paragraph 9 of Article 8 (Composition of Arbitral Tribunals).
2. The arbitral tribunal shall provide its report to the Parties within 90 days of the date on which the arbitral tribunal is established to consider the matter referred to in paragraph 1 of this Article. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.
Article 15. Compensation and Suspension of Benefits
1. If a failure to comply with the findings and rulings of the arbitral tribunal has been established in accordance with paragraph 1 of Article 14 (Compliance with Reasonable Period of Time) or the responding Party notifies the complaining Party in writing that it does not intend to comply with the findings and rulings, the responding Party shall, if so requested, enter into negotiations with the complaining Party within 10 days of the receipt of such request with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment.
2. If no mutually satisfactory agreement on compensatory adjustment as set out in paragraph 1 of this Article is reached within 20 days of entering into negotiations, the complaining Party may at any time thereafter notify the responding Party that it intends to suspend the application to the responding Party of benefits of equivalent effect and shall have the right to begin suspending those benefits 30 days after the receipt of notification. Benefits shall not be suspended while the complaining Party is pursuing negotiations under paragraph 1 of this Article.
3. Compensation and the suspension of benefits shall be temporary measures. Neither compensation nor the suspension of benefits is preferred to full compliance with the findings and rulings of the arbitral tribunal. Compensation and suspension of benefits shall only be applied until such time as the measure found to be not in conformity with this Agreement has been brought into conformity, or the Party that must comply with the arbitral tribunal's findings and rulings has done so, or a mutually satisfactory solution is reached.
4. In considering what benefits to suspend pursuant to paragraph 2 of this Article:
(a) the complaining Party shall first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be not in conformity with this Agreement or to have caused nullification or impairment; and
(b) the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend benefits in the same sector or sectors. The communication in which it announces such a decision shall indicate the reasons on which it is based.
5. Any suspension of benefits shall be restricted to benefits accruing to the responding Party under this Agreement.
Article 16. Review
1. Where the right to suspend benefits has been exercised under Article 15 (Compensation and Suspension of Benefits), upon written request of the responding Party, the arbitral tribunal shall decide whether:
(a) the level of benefits suspended by the complaining Party is not of equivalent effect pursuant to Article 15 (Compensation and Suspension of Benefits); or
(b) the responding Party has complied with the findings and rulings of the original arbitral tribunal.
2. Such matters shall be decided through recourse to the dispute settlement procedures in this Chapter, including wherever possible by resort to the original arbitral tribunal in accordance with paragraph 9 of Article 8 (Composition of Arbitral Tribunals).
3. The arbitral tribunal shall provide its report to the Parties within 90 days of the date on which the arbitral tribunal is established to consider the matters referred to in paragraph 1 of this Article. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.
4. If the arbitral tribunal finds that the level of benefits suspended by the complaining Party is not of equivalent effect, the complaining Party shall modify the level of suspension of benefits accordingly. If the arbitral tribunal finds that the responding Party has complied with the findings and rulings, the complaining Party shall promptly reinstate any benefits it has suspended under Article 15 (Compensation and Suspension of Benefits).
Article 17. Expenses
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, each Party shall bear the cost of its appointed arbitrator and its own expenses. The cost of the chair of the arbitral tribunal and other expenses associated with the conduct of arbitral tribunal proceedings shall be borne by the Parties in equal shares.
Chapter 22. Institutional Provisions
Article 1. Establishment of the Joint Commission
The Parties hereby establish a Joint Commission.
Article 2. Functions of the Joint Commission
1. The Joint Commission shall:
(a) consider any matters relating to the implementation of this Agreement;
(b) review the general functioning of this Agreement;
(c) consider any proposal to amend this Agreement or its Annexes;
(d) supervise the work of all committees and working groups established under this Agreement and supervise other activities conducted under this Agreement; and
(e) consider any other matter that may affect the operation of this Agreement.
2. The Joint Commission may:
(a) establish additional committees and working groups, refer matters to any committee or working group for advice, and consider matters raised by any committee or working group established under this Agreement;
(b) further the implementation of the Agreement's objectives through implementing arrangements, provided that the negotiation, modification or amendment of implementing arrangements shall be consistent with the rights and obligations of the Parties under this Agreement and shall not constitute amendments to this Agreement under Article 2 (Amendments) of Chapter 25 (Final Provisions);
(c) further the implementation of the Agreement's objectives by approving any modifications of, inter alia, the lists of entities and thresholds in Annex 3 to Chapter 11 (Government Procurement);
(d) explore measures for the further expansion of trade and investment among the Parties;
(e) facilitate dialogue on Good Regulatory Practices between the Parties;
(f) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement; (g) seek the expert advice of any persons or groups on any matter falling within its responsibilities where this would help the Joint Commission make an informed decision; and
(h) take such other action in the exercise of its functions as the Parties may agree.
Article 3. Transposition of Tariff Schedules and Technical Revisions to Psr Schedule
1. To accommodate periodic amendments to the Harmonised System, or changes to a Party's Tariff for any other technical reason, the Joint Commission shall adopt procedures for the transposition of the tariff schedules (including the TRQ Appendix) in Annex 1 (Schedule of Tariff Commitments) and technical revisions to Annex 2 (Product Specific Rules Schedule).
2. Transposition of tariff schedules (including the TRQ Appendix) in Annex 1 (Schedule of Tariff Commitments) or technical revisions to Annex 2 (Product Specific Rules Schedule) shall be carried out on a neutral basis, and market access conditions shall not be impaired by the process or outcomes.
3. Each Party shall notify the other of any proposed transposition of tariff schedules (including the TRQ Appendix) in Annex 1 (Schedule of Tariff Commitments) or technical revisions to Annex 2 (Product Specific Rules Schedule) that it considers are necessary as a consequence of an amendment to the Harmonised System or other change described in paragraph 1 at least 6 months before the new HS nomenclature is to be implemented.
4. In accordance with paragraph 3, each Party shall provide the other:
(a) A draft Tariff Schedule (including TRQ Appendix) in the new HS nomenclature;
(b) Two way transpositions setting out in detail at the tariff line level:
(i) a concordance between the current Tariff Schedule and the proposed tariff schedule in the new HS nomenclature covering both changes arising from the new nomenclature and any additional national changes to the Tariff; and
(ii) a concordance between the proposed tariff schedule in the new HS nomenclature and the current Tariff Schedule covering both changes arising from the new nomenclature and any additional national changes to the Tariff;
(c) A list of proposed changes to the current Product Specific Rules Schedule.
5. The Joint Commission shall record the final outcomes of any transposition of schedules (including TRQ Appendix) in Annex 1 (Schedule of Tariff Concessions) or technical revisions to Annex 2 (Product Specific Rules Schedule) made in accordance with this Article. Such outcomes shall be considered technical modifications to those Annexes and shall not constitute an amendment to this Agreement.
6. The Joint Commission may delegate any of the functions in this Article to relevant committees as it sees fit.
Article 4. Meetings of the Joint Commission
1. The Joint Commission shall meet within one year of the date of entry into force of this Agreement and annually thereafter, or as otherwise mutually determined by the Parties.
2. Meetings of the Joint Commission shall be held alternately in each Party and shall be chaired successively by each Party. The Party chairing a meeting of the Joint Commission shall provide any necessary administrative support for such meeting.
3. Each Party shall be responsible for the composition of its delegation.
4. The Joint Commission shall take decisions on any matter within its functions by mutual agreement.
Article 5. General Reviews
1. The Parties shall undertake a general review of the Agreement, with a view to furthering its objectives, within two years of its entry into force and at least every three years thereafter, unless the Parties agree otherwise.
2. The conduct of general reviews shall normally coincide with regular meetings of the Joint Commission.
Chapter 23. General Provisions
Article 1. Application
1. This Agreement shall apply to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.
2. This Agreement shall apply to the territory of New Zealand, but shall not include Tokelau.
3. Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by its regional and local governments and authorities, and non-governmental bodies (in the exercise of governmental powers delegated to them).
Article 2. Disclosure of Information
Nothing in this Agreement shall be construed to require either Party to furnish or allow access to information, the disclosure of which it considers would:
(a) be contrary to the public interest as determined by its law;
(b) be contrary to any of its legislation, including those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;
(c) impede law enforcement; or
(d) prejudice legitimate commercial interests of particular enterprises, public or private.
Article 3. Relation to other International Agreements
1. Nothing in this Agreement shall derogate from the existing rights and obligations of a Party under the WTO Agreement or any other international agreement to which it is a party.
2. In the event of any inconsistency between this Agreement and any other agreement to which both Parties are party, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution in accordance with customary rules of public international law.
Article 4. Succession of International Agreements
Where this Agreement refers to or incorporates any other international agreement, it shall apply in the same way to any amendments or successor international agreements to which the Parties are party, unless the Parties otherwise agree.
Article 5. Confidentiality
Where a Party provides information to the other Party in accordance with this Agreement and designates the information as confidential, the other Party shall maintain the confidentiality of the information. Such information shall be used only for the purposes specified, and shall not be otherwise disclosed without the specific permission of the Party providing the information, except to the extent that the Party receiving the information is required under its domestic law to provide the information, including for the purpose of judicial proceedings.
Article 6. Financial Provisions
Any cooperative activities envisaged or undertaken under this Agreement shall be subject to the availability of resources and to the domestic law and policies of the Parties. Costs of cooperative activities shall be borne in such manner as may be mutually determined from time to time between the Parties.
Chapter 24. General Exceptions
Article 1. General Exceptions
1. For the purposes of this Agreement, Article XX of GATT 1994 and its interpretive notes and Article XIV of GATS (including its footnotes) are incorporated into and made part of this Agreement, mutatis mutandis.
2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 and Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
3. For the purposes of this Agreement, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in goods or services and investment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect that Party's works or specific sites of historical or archaeological value, or to support creative arts (16) of significant value to that Party as a whole.
Article 2. Security Exceptions
For the purposes of this Agreement, Article XXI of GATT 1994 and its interpretative notes and Article XIV bis of GATS are incorporated into and made part of this Agreement, mutatis mutandis.
Article 3. Measures to Safeguard the Balance of Payments
1. Where a Party is in serious balance of payments and external financial difficulties or under threat thereof, it may:
(a) in the case of trade in goods, in accordance with GATT 1994 and the WTO Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994, adopt restrictive import measures;
(b) in the case of services, in accordance with GATS, adopt or maintain restrictions on trade in services on which it has undertaken commitments, including on payments or transfers for transactions related to such commitments; and
(c) in the case of investments, adopt or maintain restrictions with regard to the transfer of funds related to investment, including those on capital account and the financial account.
2. Restrictions adopted or maintained under subparagraph 1 (b) or 1 (c) shall:
(a) be consistent with the Articles of Agreement of the International Monetary Fund;
(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
(c) not exceed those necessary to deal with the circumstances described in paragraph 1 of this Article;
(d) be temporary and be phased out progressively as the situation specified in paragraph 1 of this Article improves; and
(e) be applied on a national treatment basis and such that the other Party is treated no less favourably than any non-Party.
3. In determining the incidence of such restrictions, the Parties may give priority to economic sectors which are more essential to their economic development. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular sector.
4. Any restrictions adopted or maintained by a Party under paragraph 1 of this Article, or any changes therein, shall be notified to the other Party within 14 days from the date such measures are taken.
5. The Party adopting or maintaining any restrictions under paragraph 1 of this Article shall commence consultations with the other Party within 45 days from the date of notification in order to review the measures adopted or maintained by it.
Article 4. Prudential Measures
Notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financial system. Where such measures do not conform with the provisions of the Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under the Agreement.
Article 5. Taxation Measures
1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. This Agreement shall only grant rights or impose obligations with respect to taxation measures:
(a) where corresponding rights or obligations are also granted or imposed under the WTO Agreement; or
(b) under Article 13 (Expropriation) of Chapter 12 (Investment).
3. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax agreement relating to the avoidance of double taxation in force between the Parties.
4. In the event of any inconsistency relating to a taxation measure between this Agreement and the Agreement Between the New Zealand Commerce and Industry Office and the Taipei Economic and Cultural Office in New Zealand For the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income, done at Auckland on 11 November 1996, the latter shall prevail. Any consultations between the Parties about whether an inconsistency relates to a taxation measure shall include representatives of the competent authorities of the aforesaid latter agreement.
5. Nothing in this Agreement shall be regarded as obliging a Party to extend to the other Party the benefit of any treatment, preference or privilege arising from any existing or future agreement on the avoidance of double taxation or from the provisions on the avoidance of double taxation in any other international agreement or arrangement by which the Party is bound.
Article 6. Treaty of Waitangi
1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods and services, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Māori in respect of matters covered by this Agreement including in fulfilment of its obligations under the Treaty of Waitangi.
2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 21 (Dispute Settlement) shall otherwise apply to this Article. An arbitral tribunal established under Article 7 (Establishment of an Arbitral Tribunal) may be requested by Chinese Taipei to determine only whether any measure (referred to in paragraph 1 of this Article) is inconsistent with its rights under this Agreement.
Chapter 25. Final Provisions
Article 1. Annexes and Footnotes
The Annexes and footnotes to this Agreement shall constitute an integral part of this Agreement.
Article 2. Amendments
This Agreement may be amended by agreement in writing by the Parties and such amendments shall come into force on such date or dates as may be agreed between them.
Article 3. Entry Into Force, Duration and Termination
1. Entry into force of this Agreement shall be subject to the completion of the necessary domestic procedures of both Parties. The Parties shall notify each other in writing upon the completion of such procedures. This Agreement shall enter into force on the date specified in such written notification.
2. This Agreement shall remain in force until one Party gives written notice of its intention to terminate it, in which case this Agreement shall terminate 180 days after the date of the notice of termination.
Conclusion
Article Article
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement. DONE in duplicate in the English language, on _____________________, at ____________________. ________________________ ________________________ For New Zealand For the Separate Customs Territory Of Taiwan, Penghu, Kinmen And Matsu