Trans-Pacific Partnership (TPP) (2016)
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7. Nothing in this Article shall require a Party to regulate rates or conditions for international mobile roaming services.

(8) For greater certainty, no Party shall, solely on the basis of any obligations owed to it by the first Party under a most-favoured-nation provision, or under a telecommunications-specific non- discrimination provision, in any existing international trade agreement, seek or obtain for its suppliers the access to regulated rates or conditions for wholesale international mobile roaming services that is provided under this Article.
(9) For preater certainty, access under this subparagraph to the rates or conditions regulated by the first Party shall be available to a supplier of the second Party only if such regulated rates or conditions are reasonably comparable to those reciprocally regulated under the arrangement referred to in this subparagraph. The telecommunications regulatory body of the first Party shall, in the case of disagreement, determine whether the rates or conditions are reasonably comparable.
(10) For the purposes of this subparagraph, rates or conditions that are reasonably comparable means rates or conditions agreed to be such by the relevant suppliers or, in the case of disagreement, determined to be such by the telecommunications regulatory body of the first Party.
(11) For greater certainty, such additional requirements may include, for example, that the rates provided to the supplier of the second Party reflect the reasonable cost of supplying international mobile roaming services by a supplier of the first Party to a supplier of the second Party, as determined through the methodology of the first Party.

Article 13.7. Treatment by Major Suppliers of Public Telecommunications Services

Each Party shall ensure that a major supplier in its territory accords suppliers of public telecommunications services of another Party treatment no less favourable than that major supplier accords in like circumstances to its subsidiaries, its affiliates or non-affiliated service suppliers regarding:

(a) the availability, provisioning, rates or quality of like public telecommunications services; and

(b) the availability of technical interfaces necessary for interconnection.

Article 13.8. Competitive Safeguards

1. Each Party shall maintain appropriate measures for the purpose of preventing suppliers of public telecommunications services that, alone or together, are a major supplier in its territory from engaging in or continuing anti-competitive practices.

2. The anti-competitive practices referred to in paragraph 1 include in particular:

(a) engaging in anti-competitive cross-subsidisation;

(b) using information obtained from competitors with anti-competitive results; and

(c) not making available, on a timely basis, to suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information that are necessary for them to provide services.

Article 13.9. Resale

1. No Party shall prohibit the resale of any public telecommunications service. (12)

2. Each Party shall ensure that a major supplier in its territory:

(a) offers for resale, at reasonable rates (13), to suppliers of public telecommunications services of another Party, public telecommunications services that the major supplier provides at retail to end-users; and

(b) does not impose unreasonable or discriminatory conditions or limitations on the resale of those services. (14)

3. Each Party may determine, in accordance with its laws and regulations, which public telecommunications services must be offered for resale by major suppliers pursuant to paragraph 2, based on the need to promote competition or to benefit the long-term interests of end-users.

4. If a Party does not require that a major supplier offer a specific public telecommunications service for resale, it nonetheless shall allow service suppliers to request that the service be offered for resale consistent with paragraph 2, without prejudice to the Party's decision on the request.

(12) Brunei Darussalam may require that licensees who purchase public telecommunications services on a wholesale basis only resell their services to an end-user.
(13) For the purposes of this Article, each Party may determine reasonable rates through any methodology it considers appropriate.
(14) Where provided in its laws or regulations, a Party may prohibit a reseller that obtains, at wholesale rates, a public telecommunications service available at retail to only a limited category of subscribers from offering the service to a different category of subscribers.

Article 13.10. Unbundling of Network Elements by Major Suppliers

Each Party shall provide its telecommunications regulatory body or another appropriate body with the authority to require a major supplier in its territory to offer to public telecommunications service suppliers access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory and transparent for the supply of public telecommunications services. Each Party may determine the network elements required to be made available in its territory, and the suppliers that may obtain those elements, in accordance with its laws and regulations.

Article 13.11. Interconnection with Major Suppliers General Terms and Conditions

1. Each Party shall ensure that a major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications services of another Party:

(a) at any technically feasible point in the major supplier's network;

(b) under non-discriminatory terms, conditions (including technical standards and specifications) and rates;

(c) of a quality no less favourable than that provided by the major supplier for its own like services, for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates;

(d) in a timely manner, on terms and conditions (including technical standards and specifications), and at cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers do not have to pay for network components or facilities that they do not require for the service to be provided; and

(e) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

Options for Interconnecting with Major Suppliers

2. Each Party shall ensure that a major supplier in its territory provides suppliers of public telecommunications services of another Party with the opportunity to interconnect their facilities and equipment with those of the major supplier through the following options:

(a) a reference interconnection offer or another standard interconnection offer containing the rates, terms and conditions that the major supplier offers generally to suppliers of public telecommunications services; or

(b) the terms and conditions of an interconnection agreement that is in effect.

3. In addition to the options provided in paragraph 2, each Party shall ensure that suppliers of public telecommunications services of another Party have the opportunity to interconnect their facilities and equipment with those of the major supplier through the negotiation of a new interconnection agreement.

Public Availability of Interconnection Offers and Agreements

4. Each Party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.

5. Each Party shall provide means for suppliers of another Party to obtain the rates, terms and conditions necessary for interconnection offered by a major supplier. Those means include, at a minimum, ensuring:

(a) the public availability of interconnection agreements that are in effect between a major supplier in its territory and other suppliers of public telecommunications services in its territory;

(b) the public availability of rates, terms and conditions for interconnection with a major supplier set by the telecommunications regulatory body or other competent body; or

(c) the public availability of a reference interconnection offer.

Services for which those rates, terms and conditions are made publicly available do not have to include all interconnection-related services offered by a major supplier, as determined by a Party under its laws and regulations.

Article 13.12. Provisioning and Pricing of Leased Circuits Services by Major Suppliers

1. Each Party shall ensure that a major supplier in its territory provides to service suppliers of another Party leased circuits services that are public telecommunications services in a reasonable period of time on terms and conditions, and at rates, that are reasonable and non-discriminatory, and based on a generally available offer.

2. Further to paragraph 1, each Party shall provide its telecommunications regulatory body or other appropriate bodies the authority to require a major supplier in its territory to offer leased circuits services that are public telecommunications services to service suppliers of another Party at capacity- based and cost-oriented prices.

Article 13.13. Co-Location by Major Suppliers

1. Subject to paragraphs 2 and 3, each Party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications services of another Party in the Party's territory physical co-location of equipment necessary for interconnection or access to unbundled network elements based on a generally available offer, on a timely basis, and on terms and conditions and at cost-oriented rates, that are reasonable and non-discriminatory.

2. Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that a major supplier in its territory provides an alternative solution, such as facilitating virtual co-location, based on a generally available offer, on a timely basis, and on terms and conditions and at cost-oriented rates, that are reasonable and non-discriminatory.

3. A Party may determine, in accordance with its laws and regulations, which premises owned or controlled by major suppliers in its territory are subject to paragraphs 1 and 2. When the Party makes this determination, it shall take into account factors such as the state of competition in the market where co-location is required, whether those premises can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

4. If a Party does not require that a major supplier offer co-location at certain premises, it nonetheless shall allow service suppliers to request that those premises be offered for co-location consistent with paragraph 1, without prejudice to the Party's decision on such a request.

Article 13.14. Access to Poles, Ducts, Conduits and Rights-of-way Owned or Controlled by Major Suppliers  (15)

1. Each Party shall ensure that a major supplier in its territory provides access to poles, ducts, conduits, and rights-of-way or any other structures as determined by the Party, owned or controlled by the major supplier, to suppliers of public telecommunications services of another Party in the Party's territory on a timely basis, on terms and conditions and at rates, that are reasonable, non- discriminatory and transparent, subject to technical feasibility.

2. A Party may determine, in accordance with its laws and regulations, the poles, ducts, conduits, rights-of-way or any other structures to which it requires major suppliers in its territory to provide access in accordance with paragraph 1. When the Party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such structures can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

(15) Chile may comply with this obligation by maintaining appropriate measures for the purpose of preventing a major supplier in its territory from denying access to poles, ducts, conduits and rights-of-way, owned or controlled by the major supplier.

Article 13.15. International Submarine Cable Systems  (16) (17)

Each Party shall ensure that any major supplier who controls international submarine cable landing stations in the Party's territory provides access to those landing stations, consistent with the provisions of Article 13.11 (Interconnection with Major Suppliers), Article 13.12 (Provisioning and Pricing of Leased Circuits Services by Major Suppliers) and Article 13.13 (Co-Location by Major Suppliers), to public telecommunications suppliers of another Party.

(16) For Chile, this provision shall apply when its telecommunications regulatory body obtains the authority to implement this provision. Nonetheless, Chile shall ensure reasonable and non- discriminatory access to international submarine cable systems including landing stations in its territory.
(17) For Viet Nam, co-location for international submarine landing stations owned or controlled by the major supplier in the territory of Viet Nam excludes physical co-location.

Article 13.16. Independent Regulatory Bodies and Government Ownership

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest (18) or maintain an operating or management role (19) in any supplier of public telecommunications services.

2. Each Party shall ensure that the regulatory decisions and procedures of its telecommunications regulatory body or other competent authority related to provisions contained in this Chapter are impartial with respect to all market participants.

3. No Party shall accord more favourable treatment to a supplier of telecommunications services in its territory than that accorded to a like service supplier of another Party on the basis that the supplier receiving more favourable treatment is owned by the national government of the Party.

(18) This paragraph shall not be construed to prohibit a government entity of a Party other than the telecommunications regulatory body from owning equity in a supplier of public telecommunications services.
(19) Viet Nam€s telecommunications regulatory body assumes the role of representing the government as owner of certain telecommunications suppliers. In this context, Viet Nam shall comply with this provision by ensuring that any regulatory actions with respect to those suppliers do not materially disadvantage any competitor.

Article 13.17. Universal Service

Each Party has the right to define the kind of universal service obligation it wishes to maintain. Each Party shall administer any universal service obligation that it maintains in a transparent, non-discriminatory and competitively neutral manner, and shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined.

Article 13.18. Licensing Process

1. If a Party requires a supplier of public telecommunications services to have a licence, the Party shall ensure the public availability of:

(a) all the licensing criteria and procedures that it applies;

(b) the period that it normally requires to reach a decision concerning an application for a licence; and

(c) the terms and conditions of all licences in effect.

2. Each Party shall ensure that, on request, an applicant receives the reasons for the:

(a) denial of a licence;

(b) imposition of supplier-specific conditions on a licence;

(c) revocation of a licence; or

(d) refusal to renew a licence.

Article 13.19. Allocation and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers and rights- of-way, in an objective, timely, transparent and non-discriminatory manner.

2. Each Party shall make publicly available the current state of frequency bands allocated and assigned to specific suppliers (20) but retains the right not to provide detailed identification of frequencies that are allocated or assigned for specific government uses.

3. For greater certainty, a Party’s measures allocating and assigning spectrum and managing frequency are not per se inconsistent with Article 10.5 (Market Access) either as it applies to cross-border trade in services or through the operation of Article 10.2.2 (Scope) to an investor or covered investment of another Party. Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications services, provided that the Party does so in a manner that is consistent with other provisions of this Agreement. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.

4. When making a spectrum allocation for commercial telecommunications services, each Party shall endeavour to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each Party shall endeavour to rely generally on market-based approaches in assigning spectrum for terrestrial commercial telecommunications services. To this end, each Party shall have the authority to use mechanisms such as auctions, if appropriate, to assign spectrum for commercial use.

(20) For Peru, the commitment to make publicly available assigned bands shall apply only to bands used to provide access to end-users.

Article 13.20. Enforcement

Each Party shall provide its competent authority with the authority to enforce the Party’s measures relating to the obligations set out in Article 13.4 (Access to and Use of Public Telecommunications Services), Article 13.5 (Obligations Relating to Suppliers of Public Telecommunications Services), Article 13.7 (Treatment by Major Suppliers of Public Telecommunications Services), Article 13.8 (Competitive Safeguards), Article 13.9 (Resale), Article 13.10 (Unbundling of Network Elements by Major Suppliers), Article 13.11 (Interconnection with Major Suppliers), Article 13.12 (Provisioning and Pricing of Leased Circuits Services by Major Suppliers), Article 13.13 (Co-Location by Major Suppliers), Article 13.14 (Access to Poles, Ducts, Conduits and Rights-of- way Owned or Controlled by Major Suppliers) and Article 13.15 (International Submarine Cable Systems). That authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension or revocation of licences.

Article 13.21. Resolution of Telecommunications Disputes

1. Further to Article 26.3 (Administrative Proceedings) and Article 26.4 (Review and Appeal), cach Party shall ensure that:

Recourse

(a) enterprises have recourse to a telecommunications regulatory body or other relevant body of the Party to resolve disputes regarding the Party's measures relating to matters set out in Article 13.4 (Access to and Use of Public Telecommunications Services), Article 13.5 (Obligations Relating to Suppliers of Public Telecommunications Services), Article 13.6 (International Mobile Roaming), Article 13.7 (Treatment by Major Suppliers of Public Telecommunications Services), Article 13.8 (Competitive Safeguards), Article 13.9 (Resale), Article 13.10 (Unbundling of Network Elements by Major Suppliers), Article 13.11 (Interconnection with Major Suppliers), Article 13.12 (Provisioning and Pricing of Leased Circuits Services by Major Suppliers), Article 13.13 (Co-Location by Major Suppliers), Article 13.14 (Access to Poles, Ducts, Conduits and Rights-of-way Owned or Controlled by Major Suppliers) and Article 13.15 (International Submarine Cable Systems),

(b) if a telecommunications regulatory body declines to initiate any action on a request to resolve a dispute, it shall, upon request, provide a written explanation for its decision within a reasonable period of time; (21)

(c) suppliers of public telecommunications services of another Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly specified period of time after the supplier requests interconnection, by its telecommunications regulatory body to resolve disputes regarding the terms, conditions and rates for interconnection with that major supplier; and

Reconsideration (22)

(d) any enterprise whose legally protected interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may appeal to or petition the body or other relevant body to reconsider that determination or decision. No Party shall permit the making of an application for reconsideration to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the regulatory or other relevant body issues an order that the determination or decision not be enforced while the proceeding is pending. A Party may limit the circumstances under which reconsideration is available, in accordance with its laws and regulations.

Judicial Review

2. No Party shall permit the making of an application for judicial review to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the judicial body issues an order that the determination or decision not be enforced while the proceeding is pending.

(21) For the United States, this subparagraph applies only to the national regulatory body.
(22) With respect to Peru, enterprises may not petition for reconsideration of rulings of general application, as defined in Article 26.1 (Definitions), unless provided for under its laws and regulations. For Australia, paragraph 1(d) does not apply.

Article 13.22. Transparency

1. Further to Article 26.2.2 (Publication), each Party shall ensure that when its telecommunications regulatory body seeks input (23) for a proposal for a regulation, that body shall:

(a) make the proposal public or otherwise available to any interested persons;

(b) include an explanation of the purpose of and reasons for the proposal;

(c) provide interested persons with adequate public notice of the ability to comment and reasonable opportunity for such comment;

(d) to the extent practicable, make publicly available all relevant comments filed with it; and

(e) respond to all significant and relevant issues raised in comments filed, in the course of issuance of the final regulation. (24)

2. Further to Article 26.2.1 (Publication), each Party shall ensure that its measures relating to public telecommunications services are made publicly available, including:

(a) tariffs and other terms and conditions of service;

(b) specifications of technical interfaces;

(c) conditions for attaching terminal or other equipment to the public telecommunications network;

(d) licensing, permit, registration or notification requirements, if any;

(e) general procedures relating to resolution of telecommunications disputes provided for in Article 13.21 (Resolution of Telecommunications Disputes); and

(f) any measures of the telecommunications regulatory body if the government delegates to other bodies the responsibility for preparing, amending and adopting standards-related measures affecting access and use.

(23) For greater certainty, seeking input does not include internal governmental deliberations.
(24) For greater certainty, a Party may consolidate its responses to the comments received from interested persons. Viet Nam may comply with this obligation by responding to any questions regarding its decisions upon request.

Article 13.23. Flexibility In the Choice of Technology

1. No Party shall prevent suppliers of public telecommunications services from choosing the technologies they wish to use to supply their services, subject to requirements necessary to satisfy legitimate public policy interests, provided that any measure restricting that choice is not prepared, adopted or applied in a manner that creates unnecessary obstacles to trade. For greater certainty, a Party adopting those measures shall do so consistent with Article 13.22 (Transparency).

2. When a Party finances the development of advanced networks (25), it may make its financing conditional on the use of technologies that meet its specific public policy interests.

(25) For preater certainty, "advanced networks" includes broadband networks.

Article 13.24. Relation to other Chapters

In the event of any inconsistency between this Chapter and another Chapter of this Agreement, this Chapter shall prevail to the extent of the inconsistency.

Article 13.25. Relation to International Organisations

The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks and services and undertake to promote those standards through the work of relevant international organisations.

Article 13.26. Committee on Telecommunications

1. The Parties hereby establish a Committee on Telecommunications (Committee) composed of government representatives of each Party.

2. The Committee shall:

(a) review and monitor the implementation and operation of this Chapter, with a view to ensuring the effective implementation of the Chapter by enabling responsiveness to technological and regulatory developments in telecommunications to ensure the continuing relevance of this Chapter to Parties, service suppliers and end users;

(b) discuss any issues related to this Chapter and any other issues relevant to the telecommunications sector as may be decided by the Parties;

(c) report to the Commission on the findings and the outcomes of discussions of the Committee; and

(d) carry out other functions delegated to it by the Commission.

3. The Committee shall meet at such venues and times as the Parties may decide.

4. The Parties may decide to invite representatives of relevant entities other than the Parties, including representatives of private sector entities, having the necessary expertise relevant to the issues to be discussed, to attend meetings of the Committee.

Chapter 14. ELECTRONIC COMMERCE

Article 14.1. Definitions

For the purposes of this Chapter:

computing facilities means computer servers and storage devices for processing or storing information for commercial use;

covered person (1) means:

(a) a covered investment as defined in Article 9.1 (Definitions);

(b) an investor of a Party as defined in Article 9.1 (Definitions), but does not include an investor in a financial institution; or

(c) a service supplier of a Party as defined in Article 10.1 (Definitions),

but does not include a "financial institution" or a "cross-border financial service supplier of a Party" as defined in Article 11.1 (Definitions);

digital product means a computer programme, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distribution, and that can be transmitted electronically; (2) (3)

electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication;

electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means;

personal information means any information, including data, about an identified or identifiable natural person;

trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods; and

unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.

(1) For Australia, a covered person does not include a credit reporting body.
(2) For greater certainty, digital product does not include a digitised representation of a financial instrument, including money.
  • 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