Trans-Pacific Partnership (TPP) (2016)
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6. For a verification under paragraphs 1(a) through 1(c), the importing Party shall:

(a) ensure that a written request for information, or for documentation to be reviewed during a verification visit, is limited to information and documentation to determine whether the good is originating;

(b) describe the information or documentation in sufficient detail to allow the importer, exporter or producer to identify the information and documentation necessary to respond;

(c) allow the importer, exporter or producer at least 30 days from the date of receipt of the written request for information under paragraph 1(a) or 1(b) to respond;

(d) allow the exporter or producer 30 days from the date of receipt of the written request for a visit under paragraph 1(c) to consent or refuse the request; and

(e) make a determination following a verification as expeditiously as possible and no later than 90 days after it receives the information necessary to make the determination, including, if applicable, any information received under paragraph 9, and no later than 365 days after the first request for information or other action under paragraph 1. If permitted by its law, a Party may extend the 365 day period in exceptional cases, such as where the technical information concerned is very complex.

7. If an importing Party makes a verification request under paragraph 1(b), it shall, on request of the Party where the exporter or producer is located and in accordance with the importing Party's laws and regulations, inform that Party. The Parties concerned shall decide the manner and timing of informing the Party where the exporter or producer is located of the verification request. In addition, on request of the importing Party, the Party where the exporter or producer is located may, as it deems appropriate and in accordance with its laws and regulations, assist with the verification. This assistance may include providing a contact point for the verification, collecting information from the exporter or producer on behalf of the importing Party, or other activities in order that the importing Party may make a determination as to whether the good is originating. The importing Party shall not deny a claim for preferential tariff treatment solely on the ground that the Party where the exporter or producer is located did not provide requested assistance.

8. If an importing Party initiates a verification under paragraph 1(c), it shall, at the time of the request for the visit, inform the Party where the exporter or producer is located and provide the opportunity for the officials of the Party where the exporter or producer is located to accompany them during the visit.

9. Prior to issuing a written determination, the importing Party shall inform the importer and any exporter or producer that provided information directly to the importing Party, of the results of the verification and, if the importing Party intends to deny preferential tariff treatment, provide those persons a period of at least 30 days for the submission of additional information relating to the origin of the good.

10. The importing Party shall:

(a) provide the importer with a written determination of whether the good is originating that includes the basis for the determination; and

(b) provide the importer, exporter or producer that provided information during the verification or certified that the good was originating with the results of the verification and the reasons for that result.

11. During verification, the importing Party shall allow the release of the good, subject to payment of duties or provision of security as provided for in its law. If as a result of the verification the importing Party determines that the good is an originating good, it shall grant preferential tariff treatment to the good and refund any excess duties paid or release any security provided, unless the security also covers other obligations.

12. If verifications of identical goods by a Party indicate a pattern of conduct by an importer, exporter or producer of false or unsupported representations relevant to a claim that a good imported into its territory qualifies as an originating good, the Party may withhold preferential tariff treatment to identical goods imported, exported or produced by that person until that person demonstrates that the identical goods qualify as originating. For the purposes of this paragraph, "identical goods" means goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating.

13. For the purpose of a verification request, it is sufficient for a Party to rely on the contact information of an exporter, producer or importer in a Party provided in a certification of origin.

Article 3.28. Determinations on Claims for Preferential Tariff Treatment

1. Except as otherwise provided in paragraph 2 or Article 4.7 (Determinations), cach Party shall grant a claim for preferential tariff treatment made in accordance with this Chapter for a good that arrives in its territory on or after the date of entry into force of this Agreement for that Party. In addition, if permitted by the importing Party, the importing Party shall grant a claim for preferential tariff treatment made in accordance with this Chapter for a good which is imported into its territory or released from customs control on or after the date of entry into force of this Agreement for that Party.

2. The importing Party may deny a claim for preferential tariff treatment if:

(a) it determines that the good does not qualify for preferential treatment;

(b) pursuant to a verification under Article 3.27 (Verification of Origin), it has not received sufficient information to determine that the good qualifies as originating;

(c) the exporter, producer or importer fails to respond to a written request for information in accordance with Article 3.27 (Verification of Origin);

(d) after receipt of a written notification for a verification visit, the exporter or producer does not provide its written consent in accordance with Article 3.27 (Verification of Origin); or

(e) the importer, exporter or producer fails to comply with the requirements of this Chapter.

3. If an importing Party denies a claim for preferential tariff treatment, it shall issue a determination to the importer that includes the reasons for the determination.

4. A Party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice was issued in a non-Party. If an invoice is issued in a non- Party, a Party shall require that the certification of origin be separate from the invoice.

Article 3.29. Refunds and Claims for Preferential Tariff Treatment after Importation

1. Each Party shall provide that an importer may apply for preferential tariff treatment and a refund of any excess duties paid for a good if the importer did not make a claim for preferential tariff treatment at the time of importation, provided that the good would have qualified for preferential tariff treatment when it was imported into the territory of the Party.

2. As a condition for preferential tariff treatment under paragraph 1, the importing Party may require that the importer:

(a) make a claim for preferential tariff treatment;

(b) provide a statement that the good was originating at the time of importation;

(c) provide a copy of the certification of origin; and

(d) provide such other documentation relating to the importation of the good as the importing Party may require,

no later than one year after the date of importation or a longer period if specified in the importing Party's law.

Article 3.30. Penalties

A Party may establish or maintain appropriate penalties for violations of its laws and regulations related to this Chapter.

Article 3.31. Confidentiality

Each Party shall maintain the confidentiality of the information collected in accordance with this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information.

Section C. Other Matters

Article 3.32. Committee on Rules of Origin and Origin Procedures

1. The Parties hereby establish a Committee on Rules of Origin and Origin Procedures (Committee), composed of government representatives of each Party, to consider any matters arising under this Chapter.

2. The Committee shall consult regularly to ensure that this Chapter is administered effectively, uniformly and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter.

3. The Committee shall consult to discuss possible amendments or modifications to this Chapter and its Annexes, taking into account developments in technology, production processes or other related matters.

4. Prior to the entry into force of an amended version of the Harmonized System, the Committee shall consult to prepare updates to this Chapter that are necessary to reflect changes to the Harmonized System.

5. With respect to a textile or apparel good, Article 4.8 (Committee on Textile and Apparel Trade Matters) applies in place of this Article.

6. The Committee shall consult on the technical aspects of submission and the format of the electronic certification of origin.

Chapter 4. TEXTILE AND APPAREL GOODS

Article 4.1. Definitions

For the purposes of this Chapter:

customs offence means any act committed for the purpose of, or having the effect of, avoiding a Party's laws or regulations pertaining to the terms of this Agreement governing importations or exportations of textile or apparel goods between the Parties, specifically those that violate a customs law or regulation for restrictions or prohibitions on imports or exports, duty evasion, falsification of documents relating to the importation or exportation of goods, fraud or smuggling; and

transition period means the period beginning on the date of entry into force of this Agreement between the Parties concerned until five years after the date on which the importing Party eliminates duties on a good for the exporting Party pursuant to this Agreement.

Article 4.2. Rules of Origin and Related Matters

Application of Chapter 3

1. Except as provided in this Chapter, Chapter 3 (Rules of Origin and Origin Procedures) shall apply to textile and apparel goods.

De Minimis

2. A textile or apparel good classified outside of Chapters 61 through 63 of the Harmonized System that contains non-originating materials that do not satisfy the applicable change in tariff classification requirement specified in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin), shall nonetheless be considered to be an originating good if the total weight of all those materials is not more than 10 per cent of the total weight of the good and the good meets all the other applicable requirements of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures).

3. A textile or apparel good classified in Chapters 61 through 63 of the Harmonized System that contains non-originating fibres or yarns in the component of the good that determines the tariff classification of the good that do not satisfy the applicable change in tariff classification set out in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin), shall nonetheless be considered to be an originating good if the total weight of all those fibres or yarns is not more than 10 per cent of the total weight of that component and the good meets all the other applicable requirements of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures).

4. Notwithstanding paragraphs 2 and 3, a good described in paragraph 2 containing elastomeric yarn or a good described in paragraph 3 containing elastomeric yarn in the component of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed in the territory of one or more of the Parties. (1) (2)

Treatment of Sets

5. Notwithstanding the textile and apparel product-specific rules of origin set out in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin), textile and apparel goods put up in sets for retail sale, classified as a result of the application of Rule 3 of the General Rules for the Interpretation of the Harmonized System, shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non-originating goods in the set does not exceed 10 per cent of the value of the set.

6. For the purposes of paragraph 5:

(a) the value of non-originating goods in the set shall be calculated in the same manner as the value of non-originating materials in Chapter 3 (Rules of Origin and Origin Procedures); and

(b) the value of the set shall be calculated in the same manner as the value of the good in Chapter 3 (Rules of Origin and Origin Procedures).

Treatment of Short Supply List Materials

7. Each Party shall provide that, for the purposes of determining whether a textile or apparel good is originating under Article 3.2(c) (Originating Goods), a material listed in Appendix 1 (Short Supply List of Products) to Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin) is originating provided that the material meets any requirement, including any end use requirement, specified in the Appendix 1 (Short Supply List of Products) to Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

8. If a claim that a textile or apparel good is originating relies on the incorporation of a material listed in Appendix 1 (Short Supply List of Products) to Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin), the importing Party may require in the importation documentation, such as a certification of origin, the number or description of the material on Appendix 1 (Short Supply List of Products) to Annex 4-A (Textiles and Apparel Product- Specific Rules of Origin).

9. Non-originating materials marked as temporary in Appendix 1 (Short Supply List of Products) to Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin) may be considered as originating under paragraph 7 for five years from the date of entry into force of this Agreement.

Treatment for Certain Handmade or Folkloric Goods

10. An importing Party may identify particular textile or apparel goods of an exporting Party to be eligible for duty-free or preferential tariff treatment that the importing and exporting Parties mutually agree fall within:

(a) hand-loomed fabrics of a cottage industry;

(b) hand-printed fabrics with a pattern created with a wax-resistance technique;

(c) hand-made cottage industry goods made of such hand-loomed or hand-printed fabrics; or

(d) traditional folklore handicraft goods;

provided that any requirements agreed by the importing and exporting Parties for such treatment are met.

(1) For greater certainty, this paragraph shall not be construed to require a material listed in Appendix 1 (Short Supply List of Products) to Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin) to be produced from elastomeric yarns wholly formed in the territory of one or more of the Parties.
(2) For the purposes of this paragraph, "wholly formed" means all production processes and finishing operations, beginning with the extrusion of filaments, strips, film or sheet, and including drawing to fully orient a filament or slitting a film or sheet into strip, or the spinning of all fibres into yarn, or both, and ending with a finished yarn or plied yarn.

Article 4.3. Emergency Actions

1. Subject to this Article if, as a result of the reduction or elimination of a customs duty under this Agreement, a textile or apparel good benefiting from preferential tariff treatment under this Agreement is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the extent and for such time as may be necessary to prevent or remedy such damage and to facilitate adjustment, take emergency action in accordance with paragraph 6, consisting of an increase in the rate of duty on the good of the exporting Party or Parties to a level not to exceed the lesser of:

(a) the most-favoured-nation applied rate of customs duty in effect at the time the action is taken; and

(b) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement for the importing Party.

2. Nothing in this Article shall be construed to limit the rights and obligations of a Party under Article XIX of GATT 1994 and the Safeguards Agreement, or Chapter 6 (Trade Remedies).

3. In determining serious damage, or actual threat thereof, the importing Party:

(a) shall examine the effect of increased imports from the exporting Party or Parties of a textile or apparel good benefiting from preferential tariff treatment under this Agreement on the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilisation of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and investment, none of which cither alone or combined with other factors shall necessarily be decisive; and

(b) shall not consider changes in technology or consumer preference in the importing Party as factors supporting a determination of serious damage, or actual threat thereof.

4. The importing Party may take an emergency action under this Article only following its publication of procedures that identify the criteria for a finding of serious damage, or actual threat thereof, and an investigation by its competent authorities. Such an investigation must use data based on the factors described in paragraph 3(a) that serious damage or actual threat thereof is demonstrably caused by increased imports of the product concerned as a result of this Agreement.

5. The importing Party shall submit to the exporting Party or Parties, without delay, written notice of the initiation of the investigation provided for in paragraph 4, as well as of its intent to take emergency action and, on the request of the exporting Party or Parties, shall enter into consultations with that Party or Parties regarding the matter. The importing Party shall provide the exporting Party or Parties with the full details of the emergency action to be taken. The Parties concerned shall begin consultations without delay and, unless otherwise decided, shall complete them within 60 days of receipt of the request. After completion of the consultations, the importing Party shall notify the exporting Party or Parties of any decision. If it decides to take an emergency action, the notification shall include the details of the emergency action, including when it will take effect.

6. The following conditions and limitations shall apply to any emergency action taken under this Article:

(a) no emergency action shall be maintained for a period exceeding two years unless extended for an additional period of up to two years;

(b) no emergency action shall be taken or maintained beyond the expiration of the transition period;

(c) no emergency action shall be taken by an importing Party against any particular good of another Party or Parties more than once; and

(d) on termination of the emergency action, the importing Party shall accord to the good that was subject to the emergency action the tariff treatment that would have been in effect but for the emergency action.

7. The Party taking an emergency action under this Article shall provide to the exporting Party or Parties against whose goods the emergency action is taken mutually agreed trade liberalising compensation in the form of concessions either having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the emergency action. Such concessions shall be limited to textile and apparel goods, unless the Parties concerned otherwise agree. If the Parties concerned are unable to agree on compensation within 60 days or a longer period agreed by the Parties concerned, the Party or Parties against whose good the emergency action is taken may take tariff action that has trade effects substantially equivalent to the trade effects of the emergency action taken under this Article. The tariff action may be taken against any goods of the Party taking the emergency action. The Party taking the tariff action shall apply it only for the minimum period necessary to achieve the substantially equivalent trade effects. The importing Party's obligation to provide trade compensation and the exporting Party's right to take tariff action shall terminate when the emergency action terminates.

8. No Party shall take or maintain an emergency action under this Article against a textile or apparel good that is subject, or becomes subject, to a transitional safeguard measure under Chapter 6 (Trade Remedies), or to a safeguard measure that a Party takes pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.

9. The investigations referred to in this Article shall be carried out according to procedures established by cach Party. Each Party shall, on the date of entry into force of this Agreement for that Party or before it initiates an investigation, notify the other Parties of these procedures.

10. Each Party shall, in any year where it takes or maintains an emergency action under this Article, provide a report on such actions to the other Parties.

Article 4.4. Cooperation

1. Each Party shall, in accordance with its laws and regulations, cooperate with other Parties for the purposes of enforcing or assisting in the enforcement of their respective measures concerning customs offences for trade in textile or apparel goods between the Parties, including ensuring the accuracy of claims for preferential tariff treatment under this Agreement.

2. Each Party shall take appropriate measures, which may include legislative, administrative, judicial or other action for:

(a) enforcement of its laws, regulations and procedures related to customs offences; and

(b) cooperation with an importing Party in the enforcement of its laws, regulations and procedures related to the prevention of customs offences.

3. For the purposes of paragraph 2, "appropriate measures" means measures a Party takes, in accordance with its laws, regulations and procedures, such as:

(a) providing its government officials with the legal authority to meet the obligations under this Chapter,

(b) enabling its law enforcement officials to identify and address customs offences;

(c) establishing or maintaining criminal, civil or administrative penalties that are aimed at deterring customs offences;

(d) undertaking appropriate enforcement action when it believes, based on a request from another Party that includes relevant facts, that a customs offence has occurred or is occurring in the requested Party's territory with regard to a textile or apparel good, including in free trade zones of the requested Party; and

(e) cooperating with another Party, on request, to establish facts regarding customs offences in the requested Party's territory with regard to a textile or apparel good, including in free trade zones of the requested Party.

4. A Party may request information from another Party if it has relevant facts, such as historical evidence, indicating that a customs offence is occurring or is likely to occur.

5. Any request under paragraph 4 shall be made in writing, by electronic means or any other method that acknowledges receipt, and shall include a brief statement of the matter at issue, the cooperation requested, the relevant facts indicating a customs offence, and sufficient information for the requested Party to respond in accordance with its laws and regulations.

6. To enhance cooperative efforts under this Article between Parties to prevent and address customs offences, a Party that receives a request under paragraph 4 shall, subject to its laws, regulations and procedures, including those related to confidentiality referred to in Article 4.9.4 (Confidentiality) provide to the requesting Party, upon receipt of a request in accordance with paragraph 5, available information on the existence of an importer, exporter or producer, goods of an importer, exporter or producer, or other matters related to this Chapter. The information may include any available correspondence, reports, bills of lading, invoices, order contracts or other information regarding enforcement of laws or regulations related to the request.

7. A Party may provide information requested in this Article on paper or in electronic form.

8. Each Party shall designate and notify a contact point for cooperation under this Chapter in accordance with Article 27.5 (Contact Points) and shall notify the other Parties promptly of any subsequent changes.

Article 4.5. Monitoring

1. Each Party shall establish or maintain programmes or practices to identify and address textiles and apparel customs offences. This may include programmes or practices to ensure the accuracy of claims for preferential tariff treatment for textile and apparel goods under this Agreement.

2. Through those programmes or practices, a Party may collect or share information related to textiles or apparel goods for use for risk management purposes.

3. In addition to paragraphs 1 and 2, some Parties have bilateral agreements that apply between those Parties.

Article 4.6. Verification

1. An importing Party may conduct a verification with respect to a textile or apparel good pursuant to Article 3.27.1(a), Article 3.27.1(b) or Article 3.27.1(e) (Verification of Origin) and their associated procedures to verify whether a good qualifies for preferential tariff treatment or through a request for a site visit as described in this Article. (3)™

(3) For the purposes of this Article, the information collected in accordance with this Article shall be used for the purpose of ensuring the effective implementation of this Chapter. A Party shall not use these procedures to collect information for other purposes.

2. An importing Party may request a site visit under this Article from an exporter or producer of textile or apparel goods to verify whether:

(a) a textile or apparel good qualifies for preferential tariff treatment under this Agreement; or

(b) customs offences are occurring or have occurred.

3. During a site visit under this Article, an importing Party may request access to:

(a) records and facilities relevant to the claim for preferential tariff treatment; or

(b) records and facilities relevant to the customs offences being verified.

4. If an importing Party secks to conduct a site visit under paragraph 2, it shall notify the host Party, no later than 20 days before the visit, regarding:

(a) the proposed dates;

(b) the number of exporters and producers to be visited in appropriate detail to facilitate the provision of any assistance, but does not need to specify the names of the exporters or producers to be visited;

(c) whether assistance by the host Party will be requested and what type;

(d) if relevant, the customs offences being verified under paragraph 2(b), including relevant factual information available at the time of the notification related to the specific offences, which may include historical information; and.

(e) whether the importer claimed preferential tariff treatment.

5. On receipt of information on a proposed visit under paragraph 2, the host Party may request information from the importing Party to facilitate planning of the visit, such as logistical arrangements or provision of requested assistance.

6. If an importing Party secks to conduct a site visit under paragraph 2, it shall provide the host Party, as soon as practicable and prior to the date of the first visit to an exporter or producer under this Article, with a list of the names and addresses of the exporters or producers it proposes to visit.

7. If an importing Party seeks to conduct a site visit under paragraph 2:

(a) officials of the host Party may accompany the officials of the importing Party during the site visit;

(b) officials of the host Party may, in accordance with its laws and regulations, on request of the importing Party or on its own initiative, assist the officials of the importing Party during the site visit and provide, to the extent available, information relevant to conduct the site visit;

(c) the importing and host Parties shall limit communication regarding the site visit to relevant government officials and shall not inform the exporter or producer outside the government of the host Party in advance of a visit or provide any other verification or enforcement information not publicly available whose disclosure could undermine the effectiveness of the action;

(d) the importing Party shall request permission from the exporter or producer (4) for access to the relevant records or facilities, no later than the time of the visit. Unless advance notice would undermine the effectiveness of the site visit, the importing Party shall request permission with appropriate advance notice; and

(e) if the exporter or producer of textile or apparel goods denies such permission or access, the visit will not occur. The importing Party shall give consideration to any reasonable alternative dates proposed, taking into account the availability of relevant employees or facilities of the person visited.

(4) The importing Party shall request permission from a person who has the capacity to consent to the visit at the facilities to be visited.

8. On completion of a site visit under paragraph 2, the importing Party shall:

(a) on request of the host Party, inform the host Party of its preliminary findings;

(b) on receiving a written request from the host Party, provide the host Party with a written report of the results of the visit, including any findings, no later than 90 days after the date of the request. If the report is not in English, the importing Party shall provide a translation of it in English on request of the host Party; and

(c) on receiving a written request of the exporter or producer, provide that person with a written report of the results of the visit as it pertains to that exporter or producer, including any findings, no later than 90 days after the date of the request. This may be a report prepared under subparagraph (b), with appropriate changes. The importing Party shall inform the exporter or producer of the entitlement to request this report. If the report is not in English, the importing Party shall provide a translation of it in English on request of that exporter or producer.

9. If an importing Party conducts a site visit under paragraph 2 and, as a result, intends to deny preferential tariff treatment to a textile or apparel good, it shall, before it may deny preferential tariff treatment, provide to the importer and any exporter or producer that provided information directly to the importing Party 30 days to submit additional information to support the claim for preferential tariff treatment. If advance notice was not given under paragraph 7(d), that importer, exporter or producer may request an additional 30 days.

10. The importing Party shall not reject a claim for preferential tariff treatment on the sole grounds that the host Party does not provide the requested assistance or information under this Article.

11. While a verification is being conducted under this Article, the importing Party may take appropriate measures under procedures established in its laws and regulations, including suspending or denying the application of preferential tariff treatment to textile or apparel goods of the exporter or producer subject to a verification.

12. If verifications of identical textile or apparel goods by an importing Party indicate a pattern of conduct by an exporter or producer of false or unsupported representations that a textile or apparel good imported into its territory qualifies for preferential tariff treatment, the importing Party may withhold preferential tariff treatment for identical textile or apparel goods imported, exported or produced by that person until it is demonstrated to the importing Party that those identical textile or apparel goods qualify for preferential tariff treatment. For the purposes of this paragraph, "identical textile or apparel goods" means textile or apparel goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating.

Article 4.7. Determinations

The importing Party may deny a claim for preferential tariff treatment for a textile or apparel good:

(a) for a reason listed in Article 3.28.2 (Determination on Claims for Preferential Tariff Treatment);

(b) if, pursuant to a verification under this Chapter, it has not received sufficient information to determine that the textile or apparel good qualifies as originating; or

  • 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