Trans-Pacific Partnership (TPP) (2016)
Previous page Next page
(43) Paragraphs 2 and 3 of this Annex do not apply to any claim under Section B (Investor-State Dispute Settlement) against Singapore or the United States.

ANNEX 9-H.

1. A decision under Australia's foreign investment policy, which consists of the Foreign Acquisitions and Takeovers Act 1975, Foreign Acquisitions and Takeovers Regulations 1989, Financial Sector (Shareholdings) Act 1998 and associated Ministerial Statements by the Treasurer of the Commonwealth of Australia or a minister acting on his or her behalf, on whether or not to approve a foreign investment proposal, shall not be subject to the dispute settlement provisions under Section B (Investor-State Dispute Settlement) or Chapter 28 (Dispute Settlement).

2. A decision by Canada following a review under the Investment Canada Act (R.S.C. 1985, c.28 (1st Supp.)), with respect to whether or not to permit an investment that is subject to review, shall not be subject to the dispute settlement provisions under Section B (Investor-State Dispute Settlement) or Chapter 28 (Dispute Settlement).

3. A decision by the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras) following a review pursuant to the entry at Annex I - Mexico - 6 with respect to whether or not to permit an acquisition that is subject to review, shall not be subject to the dispute settlement provisions of Section B (Investor-State Dispute Settlement) or Chapter 28 (Dispute Settlement).

4. A decision under New Zealand's Overseas Investment Act 2005 to grant consent, or to decline to grant consent, to an overseas investment transaction that requires prior consent under that Act shall not be subject to the dispute settlement provisions under Section B (Investor-State Dispute Settlement) or Chapter 28 (Dispute Settlement).

ANNEX 9-I. NON-CONFORMING MEASURES RATCHET MECHANISM

Notwithstanding Article 9.12.1(c) (Non-Conforming Measures), for Viet Nam for three years after the date of entry into force of this Agreement for it:

(a) Article 9.4 (National Treatment), Article 9.5 (Most-FavouredNation Treatment), Article 9.10 (Performance Requirements) and Article 9.11 (Senior Management and Boards of Directors) shall not apply to an amendment to any non-conforming measure referred to in Article 9.12.1(a) (Non-Conforming Measures) to the extent that the amendment does not decrease the conformity of the measure, as it existed at the date of entry into force of this Agreement for Viet Nam, with Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 9.10 (Performance Requirements) or Article 9.11 (Senior Management and Boards of Directors);

(b) Viet Nam shall not withdraw a right or benefit from an investor or covered investment of another Party, in reliance on which the investor or covered investment has taken any concrete action, (44) through an amendment to any non-conforming measure referred to in Article 9.12.1(a) (Non-Conforming Measures) that decreases the conformity of the measure as it existed immediately before the amendment; and

(c) Viet Nam shall provide to the other Parties the details of any amendment to a non-conforming measure referred to in Article 9.12.1(a) (Non-Conforming Measures) that would decrease the conformity of the measure, as it existed immediately before the amendment, at least 90 days before making the amendment.

(44) Concrete action includes the channelling of resources or capital in order to establish or expand a business and applying for permits and licences.

ANNEX 9-J. SUBMISSION OF A CLAIM TO ARBITRATION

1. An investor of a Party may not submit to arbitration under Section B (Investor-State Dispute Settlement) a claim that Chile, Mexico, Peru or Viet Nam has breached an obligation under Section A either:

(a) on its own behalf under Article 9.19.1(a) (Submission of a Claim to Arbitration); or

(b) on behalf of an enterprise of Chile, Mexico, Peru, or Viet Nam, that is a juridical person that the investor owns or controls directly or indirectly under 9.19.1(b) (Submission of a Claim to Arbitration),

if the investor or the enterprise, respectively, has alleged that breach of an obligation under Section A in proceedings before a court or administrative tribunal of Chile, Mexico, Peru or Viet Nam.

2. For greater certainty, if an investor of a Party elects to submit a claim of the type described in paragraph 1 to a court or administrative tribunal of Chile, Mexico, Peru or Viet Nam, that election shall be definitive and exclusive, and the investor may not thereafter submit the claim to arbitration under Section B (Investor-State Dispute Settlement).

ANNEX 9-K. SUBMISSION OF CERTAIN CLAIMS FOR THREE YEARS AFTER ENTRY INTO FORCE

Malaysia

Without prejudice to a claimant's right to submit other claims to arbitration pursuant to Article 9.19 (Submission of a Claim to Arbitration), Malaysia does not consent to the submission of a claim that Malaysia has breached a government procurement contract with a covered investment, below the specified contract value, for a period of three years after the date of entry into force of this Agreement for Malaysia. The specified contract values are:

(a) for goods, SDR 1,500,000;

(b) for services, SDR 2,000,000; and

(c) for construction, SDR 63,000,000.

ANNEX 9-L. INVESTMENT AGREEMENTS

A. Agreements with selected international arbitration clauses

1. An investor of a Party may not submit to arbitration a claim for breach of an investment agreement under Article 9.19.1(a)(i)(C) (Submission of a Claim to Arbitration) or Article 9.19.1(b)(i)(C) if the investment agreement provides the respondent's consent for the investor to arbitrate the alleged breach of the investment agreement and further provides that:

(a) a claim may be submitted for breach of the investment agreement under at least one of the following alternatives:

(i) the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, provided that both the respondent and the Party of the investor are parties to the ICSID Convention;

(ii) the ICSID Additional Facility Rules, provided that either the respondent or the Party of the investor is a party to the ICSID Convention;

(iii) the UNCITRAL Arbitration Rules;

(iv) the ICC Arbitration Rules; or

(v) the LCIA Arbitration Rules; and

(b) in the case of arbitration not under the ICSID Convention, the legal place of the arbitration shall be:

(i) in the territory of a State that is party to the New York Convention; and

(ii) outside the territory of the respondent.

2. Notwithstanding Article 9.21.2(b) (Conditions and Limitations on Consent of Each Party), if a claimant submits to arbitration a claim that the respondent has breached:

(a) an obligation under Section A pursuant to Article 9.19.1(a)(i)(A) (Submission of a Claim to Arbitration) or Article 9.19.1(b)(i)(A); or

(b) an investment authorisation pursuant to Article 9.19.1(a)(i)(B) (Submission of a Claim to Arbitration) or Article 9.19.1(b)(i)(B),

the claimant's submission of a written waiver shall not preclude its right to initiate or continue an arbitration under an investment agreement, if that investment agreement meets the criteria in paragraph 1, with respect to any measure alleged to constitute a breach referred to in Article 9.19 (Submission of a Claim to Arbitration).

3. If a claimant:

(a) submits to arbitration a claim that the respondent has breached an obligation under Section A pursuant to Article 9.19.1(a)(i)(A) (Submission of a Claim to Arbitration) or Article 9.19.1(b)(i)(A) or an investment authorisation pursuant to Article 9.19.1(a)(i)(B) or Article 9.19.1(b)G)(B); and

(b) submits a claim to arbitration under an investment agreement that meets the criteria in paragraph 1, and the claims have a question of law or fact in common and arise out of the same events or circumstances,

any disputing party may seek a consolidation order in accordance with the agreement of all the disputing parties sought to be covered by the order or the terms of paragraphs 2 through 10 of Article 9.28 (Consolidation).

B. Certain agreements between Peru and covered investments or investors (45)

1. Pursuant to Legislative Decrees 662 and 757, Peru may enter into agreements known as "stability agreements" with covered investments or investors of another Party.

2. As part of a stability agreement referred to in paragraph 1, Peru accords certain benefits to the covered investment or the investor that is a party to the agreement. These benefits typically include a commitment to maintain the existing income tax regime applicable to such covered investment or investor during a specified period of time.

3. A stability agreement referred to in paragraph 1 may constitute one of multiple written instruments that make up an "investment agreement", as defined in Article 9.1 (Definitions). (46) If that is the case, a breach of such a stability agreement by Peru may constitute a breach of the investment agreement of which it is a part.

4. If a stability agreement does not constitute one of multiple instruments that make up an "investment agreement", as defined in Article 9.1 (Definitions), a breach of such a stability agreement by Peru shall not constitute a breach of an investment agreement.

C. Limitation of Mexico's consent to arbitration

1. Without prejudice to a claimant's right to submit other claims pursuant to Article 9.19 (Submission of a Claim to Arbitration), Mexico does not consent to the submission of any claim to arbitration under Article 9.19.1(a)(i)(C) or 9.19.1(b)(i)(C) if the submission to arbitration of that claim would be inconsistent with the following laws with respect to the relevant acts of authority (47):

(a) Hydrocarbons Law, Articles 20 and 21;

(b) Law on Public Works and Related Services, Article 98, paragraph 2;

(c) Public Private Partnerships Law, Article 139, paragraph 3;

(d) Law on Roads, Bridges, and Federal Motor Carriers, Article 80;

(e) Ports Law, Article 3, paragraph 2;

(f) Airports Law, Article 3, paragraph 2;

(g) Regulatory Law of the Railway Service, Article 4, paragraph 2;

(h) Commercial and Navigation Maritimes Law, Article 264, paragraph 2;

(i) Civil Aviation Law, Article 3, paragraph 2; and

(j) Political Constitution of the United Mexican States, Article 28, paragraph 20, subparagraph VII, and Federal Telecommunications and Broadcasting Law, Article 312,

provided, however, that the application of the provisions referred to in subparagraphs (a) through (i) shall not be used as a disguised means to repudiate or breach the investment agreement.

2. If any law referred to in paragraph 1 is amended to permit the submission to arbitration of such a claim after the entry into force of this Agreement for Mexico, the limitation of Mexico's consent specified in paragraph 1 shall not apply with respect to that law. (48)

D. Specific Canadian entities under subpart (c) of definition

For Canada, authority at the central level of government includes entities listed under Schedule III of the Financial Administration Act (R.S.C. 1985, c. F- 11), and port or bridge authorities, that have concluded an investment agreement under subpart (c) of the definition of “investment agreement” only if the government directs or controls the day to day operations or activities of the entity or authority in carrying out its obligations under the investment agreement.

(45) The fact that this Annex addresses only agreements entered into by Peru shall not prejudice the determination by a tribunal established under Section B (Investor-State Dispute Settlement) regarding whether an agreement entered into by the government of another Party meets the definition of "investment agreement" in Article 9.1 (Definitions).
(46) For greater certainty, for multiple written instruments to make up an "investment agreement", as defined in Article 9.1 (Definitions), one or more of those instruments must grant rights to the covered investment or the investor as defined in subparagraph (a), (b) or (c) of that definition. A stability agreement may constitute one of multiple written instruments that make up an "investment agreement" even if the stability agreement is not itself the instrument in which such rights are granted.
(47) For greater certainty, the term "act of authority" includes omissions.
(48) For greater certainty, when any law referred to in paragraph 1 is amended consistent with paragraph 2, any subsequent amendment of that law may not re-establish the applicability of paragraph 1.

Chapter 10. CROSS-BORDER TRADE IN SERVICES

Article 10.1. Definitions

For the purposes of this Chapter:

airport operation services means the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services;

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;

cross-border trade in services or cross-border supply of services means the supply of a service:

(a) from the territory of a Party into the territory of another Party;

(b) in the territory of a Party to a person of another Party; or (c) by a national of a Party in the territory of another Party,

but does not include the supply of a service in the territory of a Party by a covered investment;

enterprise means an enterprise as defined in Article 1.3 (General Definitions), and a branch of an enterprise;

enterprise of a Party means an enterprise constituted or organised under the laws of a Party, or a branch located in the territory of a Party and carrying out business activities there;

ground handling services means the supply at an airport, on a fee or contract basis, of the following services: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering, except the preparation of the food; air cargo and mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning. Ground handling services do not include: self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure, such as de-icing facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport systems;

measures adopted or maintained by a Party means measures adopted or maintained by:

(a) central, regional, or local governments or authorities; or

(b) non-governmental bodies in the exercise of powers delegated by central, regional, or local governments or authorities;

selling and marketing of air transport services means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services or the applicable conditions;

service supplied in the exercise of governmental authority means, for cach Party, any service that is supplied neither on a commercial basis nor in competition with one or more service suppliers;

service supplier of a Party means a person of a Party that seeks to supply or supplies a service; and

specialty air services means any specialised commercial operation using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services.

Article 10.2. Scope

1. This Chapter shall apply to measures adopted or maintained by a Party affecting cross-border trade in services by service suppliers of another Party.

Such measures include measures affecting:

(a) the production, distribution, marketing, sale or delivery of a service;

(b) the purchase or use of, or payment for, a service;

(c) the access to and use of distribution, transport or telecommunications networks and services in connection with the supply of a service;

(d) the presence in the Party's territory of a service supplier of another Party; and

(e) the provision of a bond or other form of financial security as a condition for the supply of a service.

2. In addition to paragraph 1:

(a) Article 10.5 (Market Access), Article 10.8 (Domestic Regulation) and Article 10.11 (Transparency) shall also apply to measures adopted or maintained by a Party affecting the supply of a service in its territory by a covered investment (1); and

(b) Annex 10-B (Express Delivery Services) shall also apply to measures adopted or maintained by a Party affecting the supply of express delivery services, including by a covered investment.

3. This Chapter shall not apply to:

(a) financial services as defined in Article 11.1 (Definitions), except that paragraph 2(a) shall apply if the financial service is supplied by a covered investment that is not a covered investment in a financial institution as defined in Article 11.1 (Definitions) in the Party's territory;

(b) government procurement;

(c) services supplied in the exercise of governmental authority; or

(d) subsidies or grants provided by a Party, including government- supported loans, guarantees and insurance.

4. This Chapter does not impose any obligation on a Party with respect to a national of another Party who seeks access to its employment market or who is employed on a permanent basis in its territory, and does not confer any right on that national with respect to that access or employment.

5. This Chapter shall not apply to air services, including domestic and international air transportation services, whether scheduled or non-scheduled, or to related services in support of air services, other than the following:

(a) aircraft repair and maintenance services during which an aircraft is withdrawn from service, excluding so-called line maintenance;

(b) selling and marketing of air transport services;

(c) computer reservation system services;

(d) specialty air services;

(e) airport operation services; and

(f) ground handling services.

6. In the event of any inconsistency between this Chapter and a bilateral, plurilateral or multilateral air services agreement to which two or more Parties are party, the air services agreement shall prevail in determining the rights and obligations of those Parties that are party to that air services agreement.

7. If two or more Parties have the same obligations under this Agreement and a bilateral, plurilateral or multilateral air services agreement, those Parties may invoke the dispute settlement procedures of this Agreement only after any dispute settlement procedures in the other agreement have been exhausted.

8. If the Annex on Air Transport Services of GATS is amended, the Parties shall jointly review any new definitions with a view to aligning the definitions in this Agreement with those definitions, as appropriate.

(1) For greater certainty, nothing in this Chapter, including Annexes 10-A (Professional Services), 10-B (Express Delivery Services), and 10-C (Non-Conforming Measures Ratchet Mechanism), is subject to investor-State dispute settlement pursuant to Section B of Chapter 9 (Investment).

Article 10.3. National Treatment  (2)

1. Each Party shall accord to services and service suppliers of another Party treatment no less favourable than that it accords, in like circumstances, to its own services and service suppliers.

2. For greater certainty, the treatment to be accorded by a Party under paragraph 1 means, with respect to a regional level of government, treatment no less favourable than the most favourable treatment accorded, in like circumstances, by that regional level of government to service suppliers of the Party of which it forms a part.

(2) For greater certainty, whether treatment is accorded in “like circumstances” under Article 10.3 (National Treatment) or Article 10.4 (Most-Favoured-Nation Treatment) depends on the totality of the circumstances, including whether the relevant treatment distinguishes between services or service suppliers on the basis of legitimate public welfare objectives.

Article 10.4. Most-Favoured-Nation Treatment

Each Party shall accord to services and service suppliers of another Party treatment no less favourable than that it accords, in like circumstances, to services and service suppliers of any other Party or a non-Party.

Article 10.5. Market Access

No Party shall adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire territory, measures that:

(a) impose limitations on:

(i) the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) the total number of service operations or the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (3) or

(iv) the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; or

(v) restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.

(3) Subparagraph (a)(iii) does not cover measures of a Party which limit inputs for the supply of services.

Article 10.6. Local Presence

No Party shall require a service supplier of another Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border supply of a service.

Article 10.7. Non-Conforming Measures

1. Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.5 (Market Access) and Article 10.6 (Local Presence) shall not apply to:

(a) any existing non-conforming measure that is maintained by a Party at:

(i) the central level of government, as set out by that Party in its Schedule to Annex I;

(ii) a regional level of government, as set out by that Party in its Schedule to Annex I; or

(iii) a local level of government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or

(c) an amendment to any non-conforming measure referred to in subparagraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.5 (Market Access) or Article 10.6 (Local Presence). (4)

2. Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.5 (Market Access) and Article 10.6 (Local Presence) shall not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities, as set out by that Party in its Schedule to Annex II.

3 If a Party considers that a non-conforming measure applied by a regional level of government of another Party, as referred to in subparagraph 1(a)(ii), creates a material impediment to the cross-border supply of services in relation to the former Party, it may request consultations with regard to that measure. These Parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate. (5)

(4) With respect to Viet Nam, Annex 10-C (Non-Conforming Measures Ratchet Mechanism) applies.
(5) For greater certainty, a Party may request consultations with another Party regarding non-conforming measures applied by the central level of government, as referred to in subparagraph 1(a)(i).

Article 10.8. Domestic Regulation

1. Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.

2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, while recognising the right to regulate and to introduce new regulations on the supply of services in order to meet its policy objectives, each Party shall endeavour to ensure that any such measures that it adopts or maintains are:

(a) based on objective and transparent criteria, such as competence and the ability to supply the service; and

(b) in the case of licensing procedures, not in themselves a restriction on the supply of the service.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.3 General Definitions 1
  • ANNEX 1-A  PARTY-SPECIFIC DEFINITIONS 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 2
  • Section   A Definitions and Scope 2
  • Article   2.1 Definitions 2
  • Article   2.2 Scope 2
  • Section   B National Treatment and Market Access for Goods 2
  • Article   2.3 National Treatment 2
  • Article   2.4 Elimination of Customs Duties 2
  • Article   2.5 Waiver of Customs Duties 2
  • Article   2.6 Goods Re-entered after Repair and Alteration 2
  • Article   2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Material 2
  • Article   2.8 Temporary Admission of Goods 2
  • Article   2.9 Ad Hoc Discussions 2
  • Article   2.10 Import and Export Restrictions 2
  • Article   2.11 Remanufactured Goods 2
  • Article   2.12 Import Licensing 2
  • Article   2.13 Transparency In Export Licensing Procedures  (7) 3
  • Article   2.14 Administrative Fees and Formalities 3
  • Article   2.15 Export Duties, Taxes or other Charges 3
  • Article   2.16 Publication 3
  • Article   2.17 Trade In Information Technology Products 3
  • Article   2.18 Committee on Trade In Goods 3
  • Section   C Agriculture 3
  • Article   2.19 Definitions 3
  • Article   2.20 Scope 3
  • Article   2.21 Agricultural Export Subsidies 3
  • Article   2.22 Export Credits, Export Credit Guarantees or Insurance Programmes 3
  • Article   2.23 Agricultural Export State Trading Enterprises 3
  • Article   2.24 Export Restrictions - Food Security 3
  • Article   2.25 Committee on Agricultural Trade 3
  • Article   2.26 Agricultural Safeguards 3
  • Article   2.27 Trade of Products of Modern Biotechnology 3
  • Section   D Tariff-Rate Quota Administration 4
  • Article   2.28 Scope and General Provisions 4
  • Article   2.29 Administration and Eligibility 4
  • Article   2.30 Allocation  (18) 4
  • Article   2.31 Return and Reallocation of TRQs 4
  • Article   2.32 Transparency 4
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 4
  • Section   A Rules of Origin 4
  • Article   3.1 Definitions 4
  • Article   3.2 Originating Goods 4
  • Article   3.3 Wholly Obtained or Produced Goods 4
  • Article   3.4 Treatment of Recovered Materials Used In Production of a Remanufactured Good 4
  • Article   3.5 Regional Value Content 4
  • Article   3.6 Materials Used In Production 4
  • Article   3.7 Value of Materials Used In Production 4
  • Article   3.8 Further Adjustments to the Value of Materials 4
  • Article   3.9 Net Cost 4
  • Article   3.10 Accumulation 5
  • Article   3.11 De Minimis 5
  • Article   3.12 Fungible Goods or Materials 5
  • Article   3.13 Accessories, Spare Parts, Tools and Instructional or other Information Materials 5
  • Article   3.14 Packaging Materials and Containers for Retail Sale 5
  • Article   3.15 Packing Materials and Containers for Shipment 5
  • Article   3.16 Indirect Materials 5
  • Article   3.17 Sets of Goods 5
  • Article   3.18 Transit and Transhipment 5
  • Section   B Origin Procedures 5
  • Article   3.19 Application of Origin Procedures 5
  • Article   3.20 Claims for Preferential Treatment 5
  • Article   3.21 Basis of a Certification of Origin 5
  • Article   3.22 Discrepancies 5
  • Article   3.23 Waiver of Certification of Origin 5
  • Article   3.24 Obligations Relating to Importation 5
  • Article   3.25 Obligations Relating to Exportation 5
  • Article   3.26 Record Keeping Requirements 5
  • Article   3.27 Verification of Origin 5
  • Article   3.28 Determinations on Claims for Preferential Tariff Treatment 6
  • Article   3.29 Refunds and Claims for Preferential Tariff Treatment after Importation 6
  • Article   3.30 Penalties 6
  • Article   3.31 Confidentiality 6
  • Section   C Other Matters 6
  • Article   3.32 Committee on Rules of Origin and Origin Procedures 6
  • Chapter   4 TEXTILE AND APPAREL GOODS 6
  • Article   4.1 Definitions 6
  • Article   4.2 Rules of Origin and Related Matters 6
  • Article   4.3 Emergency Actions 6
  • Article   4.4 Cooperation 6
  • Article   4.5 Monitoring 6
  • Article   4.6 Verification 6
  • Article   4.7 Determinations 6
  • Article   4.8 Committee on Textile and Apparel Trade Matters 7
  • Article   4.9 Confidentiality 7
  • Chapter   5 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 7
  • Article   5.1 Customs Procedures and Facilitation of Trade 7
  • Article   5.2 Customs Cooperation 7
  • Article   5.3 Advance Rulings 7
  • Article   5.4 Response to Requests for Advice or Information 7
  • Article   5.5 Review and Appeal 7
  • Article   5.6 Automation 7
  • Article   5.7 Express Shipments 7
  • Article   5.8 Penalties 7
  • Article   5.9 Risk Management 7
  • Article   5.10 Release of Goods 7
  • Article   5.11 Publication 7
  • Article   5.12 Confidentiality 7
  • Chapter   6 TRADE REMEDIES 7
  • Section   A Safeguard Measures 7
  • Article   6.1 Definitions 7
  • Article   6.2 Global Safeguards 7
  • Article   6.3 Imposition of a Transitional Safeguard Measure 8
  • Article   6.4 Standards for a Transitional Safeguard Measure 8
  • Article   6.5 Investigation Procedures and Transparency Requirements 8
  • Article   6.6 Notification and Consultation 8
  • Article   6.7 Compensation 8
  • Section   B Antidumping and Countervailing Duties 8
  • Article   6.8 Antidumping and Countervailing Duties 8
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 8
  • Article   7.1 Definitions 8
  • Article   7.2 Objectives 8
  • Article   7.3 Scope 8
  • Article   7.4 General Provisions 8
  • Article   7.5 Committee on Sanitary and Phytosanitary Measures 8
  • Article   7.6 Competent Authorities and Contact Points 8
  • Article   7.7 Adaptation to Regional Conditions, Including Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence 8
  • Article   7.8 Equivalence 8
  • Article   7.9 Science and Risk Analysis 8
  • Article   7.10 Audits  (6) 8
  • Article   7.11 Import Checks 8
  • Article   7.12 Certification 9
  • Article   7.13 Transparency  (10) 9
  • Article   7.14 Emergency Measures 9
  • Article   7.15 Cooperation 9
  • Article   7.16 Information Exchange 9
  • Article   7.17 Cooperative Technical Consultations 9
  • Article   7.18 Dispute Settlement 9
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 9
  • Article   8.1 Definitions 9
  • Article   8.2 Objective 9
  • Article   8.3 Scope 9
  • Article   8.4 Incorporation of Certain Provisions of the TBT Agreement 9
  • Article   8.5 International Standards, Guides and Recommendations 9
  • Article   8.6 Conformity Assessment 9
  • Article   8.7 Transparency 9
  • Article   8.8 Compliance Period for Technical Regulations and Conformity Assessment Procedures 10
  • Article   8.9 Cooperation and Trade Facilitation 10
  • Article   8.10 Information Exchange and Technical Discussions 10
  • Article   8.11 Committee on Technical Barriers to Trade 10
  • Article   8.12 Contact Points 10
  • Article   8.13 Annexes 10
  • ANNEX 8-B  INFORMATION AND COMMUNICATIONS TECHNOLOGY PRODUCTS 10
  • Section   A Information and Communication Technology (ICT) Products That Use Cryptography 10
  • Section   B Electromagnetic Compatibility of Information Technology Equipment (ITE) Products 10
  • Section   C Regional Cooperation Activities on Telecommunications Equipment 10
  • Chapter   9 INVESTMENT 10
  • Section   9.1 Definitions 10
  • Article   9.2 Scope 11
  • Article   9.3 Relation to other Chapters 11
  • Article   9.4 National Treatment  (14) 11
  • Article   9.5 Most-Favoured-Nation Treatment 11
  • Article   9.6 Minimum Standard of Treatment  (15) 11
  • Article   9.7 Treatment In Case of Armed Conflict or Civil Strife 11
  • Article   9.8 Expropriation and Compensation  (16) 11
  • Article   9.9 Transfers  (20) 11
  • Article   9.10 Performance Requirements 11
  • Article   9.11 Senior Management and Boards of Directors 11
  • Article   9.12 Non-Conforming Measures 11
  • Article   9.13 Subrogation 12
  • Article   9.14 Special Formalities and Information Requirements 12
  • Article   9.15 Denial of Benefits 12
  • Article   9.16 Investment and Environmental, Health and other Regulatory Objectives 12
  • Article   9.17 Corporate Social Responsibility 12
  • Section   B Investor-State Dispute Settlement 12
  • Article   9.18 Consultation and Negotiation 12
  • Article   9.19 Submission of a Claim to Arbitration 12
  • Article   9.20 Consent of Each Party to Arbitration 12
  • Article   9.21 Conditions and Limitations on Consent of Each Party 12
  • Article   9.22 Selection of Arbitrators 12
  • Article   9.23 Conduct of the Arbitration 12
  • Article   9.24 Transparency of Arbitral Proceedings 12
  • Article   9.25 Governing Law 12
  • Article   9.26 Interpretation of Annexes 12
  • Article   9.27 Expert Reports 12
  • Article   9.28 Consolidation 12
  • Article   9.29 Awards 13
  • Article   9.30 Service of Documents 13
  • ANNEX 9-A  CUSTOMARY INTERNATIONAL LAW 13
  • ANNEX 9-B  EXPROPRIATION 13
  • ANNEX 9-C  EXPROPRIATION RELATING TO LAND 13
  • ANNEX 9-D  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B (INVESTOR-STATE DISPUTE SETTLEMENT) 13
  • ANNEX 9-E  TRANSFERS  (40) 13
  • ANNEX 9-F  DL 600. Chile 13
  • ANNEX 9-G  PUBLIC DEBT 13
  • ANNEX 9-H  14
  • ANNEX 9-I  NON-CONFORMING MEASURES RATCHET MECHANISM 14
  • ANNEX 9-J  SUBMISSION OF A CLAIM TO ARBITRATION 14
  • ANNEX 9-K  SUBMISSION OF CERTAIN CLAIMS FOR THREE YEARS AFTER ENTRY INTO FORCE 14
  • ANNEX 9-L  INVESTMENT AGREEMENTS 14
  • Chapter   10 CROSS-BORDER TRADE IN SERVICES 14
  • Article   10.1 Definitions 14
  • Article   10.2 Scope 14
  • Article   10.3 National Treatment  (2) 14
  • Article   10.4 Most-Favoured-Nation Treatment 14
  • Article   10.5 Market Access 14
  • Article   10.6 Local Presence 14
  • Article   10.7 Non-Conforming Measures 14
  • Article   10.8 Domestic Regulation 14
  • Article   10.9 Recognition 15
  • Article   10.10 Denial of Benefits 15
  • Article   10.11 Transparency 15
  • Article   10.12 Payments and Transfers  (9) 15
  • Article   10.13 Other Matters 15
  • ANNEX 10-A   PROFESSIONAL SERVICES 15
  • Chapter   11 FINANCIAL SERVICES 15
  • Article   11.1 Definitions 15
  • Article   11.2 Scope 15
  • Article   11.3 National Treatment  (5) 15
  • Article   11.4 Most-Favoured-Nation Treatment 16
  • Article   11.5 Market Access for Financial Institutions 16
  • Article   11.6 Cross-Border Trade 16
  • Article   11.7 New Financial Services  (7) 16
  • Article   11.8 Treatment of Certain Information 16
  • Article   11.9 Senior Management and Boards of Directors 16
  • Article   11.10 Non-Conforming Measures 16
  • Article   11.11 Exceptions 16
  • Article   11.12 Recognition 16
  • Article   11.13 Transparency and Administration of Certain Measures 16
  • Article   11.14 Self-Regulatory Organisations 16
  • Article   11.15 Payment and Clearing Systems 16
  • Article   11.16 Expedited Availability of Insurance Services 16
  • Article   11.17 Performance of Back-Office Functions 16
  • Article   11.18 Specific Commitments 16
  • Article   11.19 Committee on Financial Services 16
  • Article   11.20 Consultations 16
  • Article   11.21 Dispute Settlement 16
  • Article   11.22 Investment Disputes In Financial Services 16
  • ANNEX 11-A   CROSS-BORDER TRADE 16
  • ANNEX 11-B   SPECIFIC COMMITMENTS 17
  • Section   A Portfolio Management 17
  • Section   B Transfer of Information 18
  • Section   C Supply of Insurance by Postal Insurance Entities 18
  • Section   D Electronic Payment Card Services 18
  • Section   E Transparency Considerations 18
  • ANNEX 11-C   NON-CONFORMING MEASURES RATCHET MECHANISM 18
  • ANNEX  11-D   AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 18
  • ANNEX 11-E   18
  • Chapter   12 TEMPORARY ENTRY FOR BUSINESS PERSONS 18
  • Article   12.1 Definitions 18
  • Article   12.2 Scope 19
  • Article   12.3 Application Procedures 19
  • Article   12.4 Grant of Temporary Entry 19
  • Article   12.5 Business Travel 19
  • Article   12.6 Provision of Information 19
  • Article   12.7 Committee on Temporary Entry for Business Persons 19
  • Article   12.8 Cooperation 19
  • Article   12.9 Relation to other Chapters 19
  • Article   12.10 Dispute Settlement 19
  • Chapter   13 TELECOMMUNICATIONS 19
  • Article   13.1 Definitions 19
  • Article   13.2 Scope  19
  • Article   13.3 Approaches to Regulation 19
  • Article   13.4 Access to and Use of Public Telecommunications Services  (3) 19
  • Article   13.5 Obligations Relating to Suppliers of Public Telecommunications Services 19
  • Article   13.6 International Mobile Roaming 19
  • Article   13.7 Treatment by Major Suppliers of Public Telecommunications Services 20
  • Article   13.8 Competitive Safeguards 20
  • Article   13.9 Resale 20
  • Article   13.10 Unbundling of Network Elements by Major Suppliers 20
  • Article   13.11 Interconnection with Major Suppliers General Terms and Conditions 20
  • Article   13.12 Provisioning and Pricing of Leased Circuits Services by Major Suppliers 20
  • Article   13.13 Co-Location by Major Suppliers 20
  • Article   13.14 Access to Poles, Ducts, Conduits and Rights-of-way Owned or Controlled by Major Suppliers  (15) 20
  • Article   13.15 International Submarine Cable Systems  (16) (17) 20
  • Article   13.16 Independent Regulatory Bodies and Government Ownership 20
  • Article   13.17 Universal Service 20
  • Article   13.18 Licensing Process 20
  • Article   13.19 Allocation and Use of Scarce Resources 20
  • Article   13.20 Enforcement 20
  • Article   13.21 Resolution of Telecommunications Disputes 20
  • Article   13.22 Transparency 20
  • Article   13.23 Flexibility In the Choice of Technology 20
  • Article   13.24 Relation to other Chapters 20
  • Article   13.25 Relation to International Organisations 20
  • Article   13.26 Committee on Telecommunications 20
  • Chapter   14 ELECTRONIC COMMERCE 20
  • Article   14.1 Definitions 20
  • Article   14.2 Scope and General Provisions 21
  • Article   14.3 Customs Duties 21
  • Article   14.4 Non-Discriminatory Treatment of Digital Products 21
  • Article   14.5 Domestic Electronic Transactions Framework 21
  • Article   14.6 Electronic Authentication and Electronic Signatures 21
  • Article   14.7 Online Consumer Protection 21
  • Article   14.8 Personal Information Protection  (5) 21
  • Article   14.9 Paperless Trading     21
  • Article   14.10 Principles on Access to and Use of the Internet for Electronic Commerce 21
  • Article   14.11 Cross-Border Transfer of Information by Electronic Means 21
  • Article   14.12 Internet Interconnection Charge Sharing 21
  • Article   14.13 Location of Computing Facilities 21
  • Article   14.14 Unsolicited Commercial Electronic Messages  (8) 21
  • Article   14.15 Cooperation 21
  • Article   14.16 Cooperation on Cybersecurity Matters  21
  • Article   14.17 Source Code 21
  • Article   14.18 Dispute Settlement 21
  • Chapter   15 GOVERNMENT PROCUREMENT 21
  • Article   15.1 Definitions    21
  • Article   15.2 Scope Application of Chapter 21
  • Article   15.3 Exceptions 22
  • Article   15.4 General Principles 22
  • Article   15.5 Transitional Measures 22
  • Article   15.6 Publication of Procurement Information 22
  • Article   15.7 Notices of Intended Procurement 22
  • Article   15.8 Conditions for Participation 22
  • Article   15.9 Qualification of Suppliers 22
  • Article   15.10 Limited Tendering 22
  • Article   15.11 Negotiations 23
  • Article   15.12 Technical Specifications 23
  • Article   15.13 Tender Documentation 23
  • Article   15.14 Time Periods General 23
  • Article   15.15 Treatment of Tenders and Awarding of Contracts 23
  • Article   15.16 Post-Award Information 23
  • Article   15.17 Disclosure of Information 23
  • Article   15.18 Ensuring Integrity In Procurement Practices 23
  • Article   15.19 Domestic Review 23
  • Article   15.20 Modifications and Rectifications of Annex 23
  • Article   15.21 Facilitation of Participation by SMEs 23
  • Article   15.22 Cooperation 23
  • Article   15.23 Committee on Government Procurement 23
  • Article   15.24 Further Negotiations 24
  • Chapter   16 COMPETITION POLICY 24
  • Article   16.1 Competition Law and Authorities and Anticompetitive Business Conduct  (1) 24
  • Article   16.2 Procedural Fairness In Competition Law Enforcement  (3) 24
  • Article   16.3 Private Rights of Action  (6) 24
  • Article   16.4 Cooperation 24
  • Article   16.5 Technical Cooperation 24
  • Article   16.6 Consumer Protection 24
  • Article   16.7 Transparency 24
  • Article   16.8 Consultations 24
  • Article   16.9 Non-Application of Dispute Settlement 24
  • ANNEX 16-A   APPLICATION OF ARTICLE 16.2 (PROCEDURAL FAIRNESS IN COMPETITION LAW ENFORCEMENT), ARTICLE 16.3 (PRIVATE RIGHTS OF ACTION) AND ARTICLE 16.4 (COOPERATION) TO BRUNEI DARUSSALAM 24
  • Chapter   17 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 24
  • Article   17.1 Definitions 24
  • Article   17.2 Scope  (8) 24
  • Article   17.3 Delegated Authority 25
  • Article   17.4 Non-discriminatory Treatment and Commercial Considerations 25
  • Article   17.5 Courts and Administrative Bodies 25
  • Article   17.6 Non-commercial Assistance 25
  • Article   17.7 Adverse Effects 25
  • Article   17.8 Injury 25
  • Article   17.9 Party-Specific Annexes 25
  • Article   17.10 Transparency (26) (27) 25
  • Article   17.11 Technical Cooperation 25
  • Article   17.12 Committee on State-Owned Enterprises and Designated 25
  • Article   17.13 Exceptions 25
  • Article   17.14 Further Negotiations 26
  • Article   17.15 Process for Developing Information 26
  • Chapter   18 INTELLECTUAL PROPERTY 26
  • Section   A General Provisions 26
  • Article   18.1 Definitions 26
  • Article   18.2 Objectives 26
  • Article   18.3 Principles 26
  • Article   18.4 Understandings In Respect of this Chapter 26
  • Article   18.5 Nature and Scope of Obligations 26
  • Article   18.6 Understandings Regarding Certain Public Health Measures 26
  • Article   18.7 International Agreements 26
  • Article   18.8 National Treatment 26
  • Article   18.9 Transparency 26
  • Article   18.10 Application of Chapter to Existing Subject Matter and Prior Acts 26
  • Article   18.11 Exhaustion of Intellectual Property Rights 26
  • Section   B Cooperation 26
  • Article   18.12 Contact Points for Cooperation 26
  • Article   18.13 Cooperation Activities and Initiatives 26
  • Article   18.14 Patent Cooperation and Work Sharing 26
  • Article   18.15 Public Domain 26
  • Article   18.16 Cooperation In the Area of Traditional Knowledge 26
  • Article   18.17 Cooperation on Request Cooperation 26
  • Section   C Trademarks 26
  • Article   18.18 Types of Signs Registrable as Trademarks 26
  • Article   18.19 Collective and Certification Marks 26
  • Article   18.20 Use of Identical or Similar Signs 26
  • Article   18.21 Exceptions 26
  • Article   18.22 Well-Known Trademarks 26
  • Article   18.23 Procedural Aspects of Examination, Opposition and Cancellation 26
  • Article   18.24 Electronic Trademarks System Each Party Shall Provide: 27
  • Article   18.25 Classification of Goods and Services 27
  • Article   18.26 Term of Protection for Trademarks 27
  • Article   18.27 Non-Recordal of a Licence 27
  • Article   18.28 Domain Names 27
  • Section   D Country Names 27
  • Article   18.29 Country Names 27
  • Section   E Geographical Indications 27
  • Article   18.30 Recognition of Geographical Indications 27
  • Article   18.31 Administrative Procedures for the Protection or Recognition of Geographical Indications 27
  • Article   18.32 Grounds of Opposition and Cancellation  (20) 27
  • Article   18.33 Guidelines for Determining Whether a Term Is the Term Customary In the Common Language 27
  • Article   18.34 Multi-Component Terms 27
  • Article   18.35 Date of Protection of a Geographical Indication 27
  • Article   18.36 International Agreements 27
  • Section   F Patents and Undisclosed Test or other Data 27
  • Subsection   A General Patents 27
  • Article   18.37 Patentable Subject Matter 27
  • Article   18.38 Grace Period 27
  • Article   18.39 Patent Revocation 27
  • Article   18.40 Exceptions 27
  • Article   18.41 Other Use without Authorisation of the Right Holder 27
  • Article   18.42 Patent Filing 27
  • Article   18.43 Amendments, Corrections and Observations 27
  • Article   18.44 Publication of Patent Applications 27
  • Article   18.45 Information Relating to Published Patent Applications and Granted Patents 27
  • Article   18.46 Patent Term Adjustment for Unreasonable Granting Authority Delays 27
  • Subsection   B Measures Relating to Agricultural Chemical Products 27
  • Article   18.47 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 27
  • Subsection   C Measures Relating to Pharmaceutical Products 27
  • Article   18.48 Patent Term Adjustment for Unreasonable Curtailment 27
  • Article   18.49 Regulatory Review Exception 28
  • Article   18.50 Protection of Undisclosed Test or other Data  (50) 28
  • Article   18.51 Biologics (58) 28
  • Article   18.52 Definition of New Pharmaceutical Product 28
  • Article   18.53 Measures Relating to the Marketing of Certain Pharmaceutical Products 28
  • Article   18.54 Alteration of Period of Protection 28
  • Section   G Industrial Designs 28
  • Article   18.55 Protection 28
  • Article   18.56 Improving Industrial Design Systems 28
  • Section   H Copyright and Related Rights 28
  • Article   18.57 Definitions 28
  • Article   18.58 Right of Reproduction 28
  • Article   18.59 Right of Communication to the Public 28
  • Article   18.60 Right of Distribution 28
  • Article   18.61 No Hierarchy 28
  • Article   18.62 Related Rights 28
  • Article   18.63 Term of Protection for Copyright and Related Rights 28
  • Article   18.64 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 28
  • Article   18.65 Limitations and Exceptions 28
  • Article   18.66 Balance In Copyright and Related Rights Systems 28
  • Article   18.67 Contractual Transfers 28
  • Article   18.68 Technological Protection Measures (TPMs)  (82) 28
  • Article   18.69 Rights Management Information (RMI)  (96) 29
  • Article   18.70 Collective Management 29
  • Section   I Enforcement 29
  • Article   18.71 General Obligations 29
  • Article   18.72 Presumptions 29
  • Article   18.73 Enforcement Practices with Respect to Intellectual Property Rights 29
  • Article   18.74 Civil and Administrative Procedures and Remedies 29
  • Article   18.75 Provisional Measures 29
  • Article   18.76 Special Requirements Related to Border Measures 29
  • Article   18.77 Criminal Procedures and Penalties 29
  • Article   18.78 Trade Secrets (136) 30
  • Article   18.79 Protection of Encrypted Program-Carrying Satellite and Cable Signals 30
  • Article   18.80 Government Use of Software 30
  • Section   J Internet Service Providersœ  (148) 30
  • Article   18.81 Definitions 30
  • Article   18.82 Legal Remedies and Safe Harbours (149) 30
  • Section   K Final Provisions 30
  • Article   18.83 Final Provisions 30
  • Chapter   19 LABOUR 31
  • Article   19.1 Definitions 31
  • Article   19.2 Statement of Shared Commitment 31
  • Article   19.3 Labour Rights 31
  • Article   19.4 Non Derogation 31
  • Article   19.5 Enforcement of Labour Laws 31
  • Article   19.6 Forced or Compulsory Labour 31
  • Article   19.7 Corporate Social Responsibility 31
  • Article   19.8 Public Awareness and Procedural Guarantees 31
  • Article   19.9 Public Submissions 31
  • Article   19.10 Cooperation 31
  • Article   19.11 Cooperative Labour Dialogue 31
  • Article   19.12 Labour Council 31
  • Article   19.13 Contact Points 32
  • Article   19.14 Public Engagement 32
  • Article   19.15 Labour Consultations 32
  • Chapter   20 ENVIRONMENT 32
  • Article   20.1 Definitions 32
  • Article   20.2 Objectives 32
  • Article   20.3 General Commitments 32
  • Article   20.4 Multilateral Environmental Agreements 32
  • Article   20.5 Protection of the Ozone Layer 32
  • Article   20.6 Protection of the Marine Environment from Ship Pollution 32
  • Article   20.7 Procedural Matters 32
  • Article   20.8 Opportunities for Public Participation 32
  • Article   20.9 Public Submissions 32
  • Article   20.10 Corporate Social Responsibility 32
  • Article   20.11 Voluntary Mechanisms to Enhance Environmental Performance 32
  • Article   20.12 Cooperation Frameworks 32
  • Article   20.13 Trade and Biodiversity 33
  • Article   20.14 Invasive Alien Species 33
  • Article   20.15 Transition to a Low Emissions and Resilient Economy 33
  • Article   20.16 Marine Capture Fisheries (10) 33
  • Article   20.17 Conservation and Trade 33
  • Article   20.18 Environmental Goods and Services 33
  • Article   20.19 Environment Committee and Contact Points 33
  • Article   20.20 Environment Consultations 33
  • Article   20.21 Senior Representative Consultations 33
  • Article   20.22 Ministerial Consultations 33
  • Article   20.23 Dispute Resolution 33
  • ANNEX 20-A  33
  • ANNEX 20-B  33
  • Chapter   21 COOPERATION AND CAPACITY BUILDING 34
  • Article   21.1 General Provisions 34
  • Article   21.2 Areas of Cooperation and Capacity Building 34
  • Article   21.3 Contact Points for Cooperation and Capacity Building 34
  • Article   21.4 Committee on Cooperation and Capacity Building 34
  • Article   21.5 Resources 34
  • Article   21.6 Non-Application of Dispute Settlement 34
  • Chapter   22 COMPETITIVENESS AND BUSINESS FACILITATION 34
  • Article   22.1 Definitions 34
  • Article   22.2 Committee on Competitiveness and Business Facilitation 34
  • Article   22.3 Supply Chains 34
  • Article   22.4 Engagement with Interested Persons 34
  • Article   22.5 Non-Application of Dispute Settlement 34
  • Chapter   23 DEVELOPMENT 34
  • Article   23.1 General Provisions 34
  • Article   23.2 Promotion of Development 34
  • Article   23.3 Broad-Based Economic Growth 34
  • Article   23.4 Women and Economic Growth 34
  • Article   23.5 Education, Science and Technology, Research and Innovation 34
  • Article   23.6 Joint Development Activities 34
  • Article   23.7 Committee on Development 34
  • Article   23.8 Relation to other Chapters 34
  • Article   23.9 Non-Application of Dispute Settlement 34
  • Chapter   24 SMALL AND MEDIUM-SIZED ENTERPRISES 34
  • Article   24.1 Information Sharing 34
  • Article   24.2 Committee on SMEs 34
  • Article   24.3 Non-Application of Dispute Settlement 35
  • Chapter   25 REGULATORY COHERENCE 35
  • Article   25.1 Definitions 35
  • Article   25.2 General Provisions 35
  • Article   25.3 Scope of Covered Regulatory Measures 35
  • Article   25.4 Coordination and Review Processes or Mechanisms 35
  • Article   25.5 Implementation of Core Good Regulatory Practices 35
  • Article   25.6 Committee on Regulatory Coherence 35
  • Article   25.7 Cooperation 35
  • Article   25.8 Engagement with Interested Persons 35
  • Article   25.9 Notification of Implementation 35
  • Article   25.10 Relation to other Chapters 35
  • Article   25.11 Non-Application of Dispute Settlement 35
  • Chapter   26 TRANSPARENCY AND ANTI-CORRUPTION 35
  • Section   A Definitions 35
  • Article   26.1 Definitions 35
  • Section   B Transparency 35
  • Article   26.2 Publication 35
  • Article   26.3 Administrative Proceedings 35
  • Article   26.4 Review and Appeal  (3) 35
  • Article   26.5 Provision of Information 35
  • Section   C Anti-Corruption 35
  • Article   26.6 Scope 35
  • Article   26.7 Measures to Combat Corruption 35
  • Article   26.8 Promoting Integrity Among Public Officials 36
  • Article   26.9 Application and Enforcement of Anti-Corruption Laws 36
  • Article   26.10 Participation of Private Sector and Society 36
  • Article   26.11 Relation to other Agreements 36
  • Article   26.12 Dispute Settlement 36
  • Chapter   27 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 36
  • Article   27.1 Establishment of the Trans-Pacific Partnership Commission 36
  • Article   27.2 Functions of the Commission 36
  • Article   27.3 Decision-Making 36
  • Article   27.4 Rules of Procedure of the Commission 36
  • Article   27.5 Contact Points 36
  • Article   27.6 Administration of Dispute Settlement Proceedings 36
  • Article   27.7 Reporting In Relation to Party-specific Transition Periods 36
  • Chapter   28 DISPUTE SETTLEMENT 36
  • Section   A Dispute Settlement 36
  • Article   28.1 Definitions 36
  • Article   28.2 Cooperation 36
  • Article   28.3 Scope 36
  • Article   28.4 Choice of Forum 36
  • Article   28.5 Consultations 36
  • Article   28.6 Good Offices, Conciliation and Mediation 36
  • Article   28.7 Establishment of a Panel 36
  • Article   28.8 Terms of Reference 37
  • Article   28.9 Composition of Panels 37
  • Article   28.10 Qualifications of Panellists 37
  • Article   28.11 Roster of Panel Chairs and Party Specific Lists Roster of Panel Chairs 37
  • Article   28.12 Function of Panels 37
  • Article   28.13 Rules of Procedure for Panels 37
  • Article   28.14 Third Party Participation 37
  • Article   28.15 Role of Experts 37
  • Article   28.16 Suspension or Termination of Proceedings 37
  • Article   28.17 Initial Report 37
  • Article   28.18 Final Report 37
  • Article   28.19 Implementation of Final Report 37
  • Article   28.20 Non-Implementation - Compensation and Suspension of Benefits 37
  • Article   28.21 Compliance Review 37
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 38
  • Article   28.22 Private Rights 38
  • Article   28.23 Alternative Dispute Resolution 38
  • Chapter   29 EXCEPTIONS AND GENERAL PROVISIONS 38
  • Section   A Exceptions 38
  • Article   29.1 General Exceptions 38
  • Article   29.2 Security Exceptions 38
  • Article   29.3 Temporary Safeguard Measures 38
  • Article   29.4 Taxation Measures 38
  • Article   29.5 Tobacco Control Measures  (11) 38
  • Article   29.6 Treaty of Waitangi 38
  • Section   B General Provisions 38
  • Article   29.7 Disclosure of Information 38
  • Article   29.8 Traditional Knowledge and Traditional Cultural Expressions 38
  • Chapter   30 FINAL PROVISIONS 38
  • Article   30.1 Annexes, Appendices and Footnotes 38
  • Article   30.2 Amendments 38
  • Article   30.3 Amendment of the WTO Agreement 38
  • Article   30.4 Accession 38
  • Article   305 Entry Into Force 38
  • Article   30.6 Withdrawal 38
  • Article   30.7 Depositary 38
  • Article   308 Authentic Texts 38
  • ANNEX I 39
  • SCHEDULE OF AUSTRALIA 39
  • SCHEDULE OF BRUNEI DARUSSALAM 39
  • APPENDIX I-A  Work Categories 41
  • SCHEDULE OF CANADA INTRODUCTORY 41
  • APPENDIX I-A  Illustrative List of Canada’s Regional Non-conforming Measures  (1) 43
  • SCHEDULE OF CHILE 43
  • SCHEDULE OF JAPAN 44
  • SCHEDULE OF MALAYSIA 48
  • SCHEDULE OF MEXICO 50
  • SCHEDULE OF NEW ZEALAND 52
  • SCHEDULE OF PERU 53
  • SCHEDULE OF SINGAPORE 55
  • APPENDIX I-A  Illustrative list of U.S. regional non-conforming measures  (3) 57
  • APPENDIX I-A  Illustrative list of U.S. regional non-conforming measures  (4) 57
  • SCHEDULE OF VIET NAM 57
  • ANNEX II  EXPLANATORY NOTES 59
  • SCHEDULE OF AUSTRALIA 59
  • APPENDIX A  Australia 60
  • SCHEDULE OF BRUNEI DARUSSALAM 60
  • SCHEDULE OF CANADA 61
  • APPENDIX II  Canada 62
  • SCHEDULE OF CHILE 62
  • SCHEDULE OF JAPAN 64
  • SCHEDULE OF MALAYSIA 64
  • SCHEDULE OF MEXICO 65
  • SCHEDULE OF NEW ZEALAND 66
  • APPENDIX A  New Zealand 67
  • SCHEDULE OF PERU 68
  • SCHEDULE OF SINGAPORE 69
  • SCHEDULE OF THE UNITED STATES 71
  • APPENDIX II-A  United States 72
  • SCHEDULE OF VIET NAM 72
  • APPENDIX II-A  Viet Nam 74