Trans-Pacific Partnership (TPP) (2016)
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1. A Party may apply a transitional safeguard measure described in paragraph 2, during the transition period only, if as a result of the reduction or elimination of a customs duty pursuant to this Agreement:

(a) an originating good of another Party, individually, is being imported into the Party’s territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to cause serious injury to the domestic industry that produces a like or directly competitive good; or

(b) an originating good of two or more Parties, collectively, is being imported into the Party’s territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to cause serious injury to the domestic industry that produces a like or directly competitive good, provided that the Party applying the transitional safeguard measure demonstrates, with respect to the imports from each such Party against which the transitional safeguard measure is applied, that imports of the originating good from each of those Parties have increased, in absolute terms or relative to domestic production, since the date of entry into force of this Agreement for those Parties.

2. If the conditions in paragraph 1 are met, the Party may, to the extent necessary to prevent or remedy serious injury and to facilitate adjustment:

(a) suspend the further reduction of any rate of customs duty provided for under this Agreement on the good; or

(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:

(i) the most-favoured-nation applied rate of customs duty in effect at the time the measure is applied; and

(ii) 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 that Party.

The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of transitional safeguard measure.

Article 6.4. Standards for a Transitional Safeguard Measure

1. A Party shall maintain a transitional safeguard measure only for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment.

2. That period shall not exceed two years, except that the period may be extended by up to one year if the competent authority of the Party that applies the measure determines, in conformity with the procedures set out in Article 6.5 (investigation Procedures and Transparency Requirements), that the transitional safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment.

3. No Party shall maintain a transitional safeguard measure beyond the expiration of the transition period.

4. In order to facilitate adjustment in a situation where the expected duration of a transitional safeguard measure is over one year, the Party that applies the measure shall progressively liberalise it at regular intervals during the period of application.

5. On the termination of a transitional safeguard measure, the Party that applied the measure shall apply the rate of customs duty set out in the Party's Schedule to Annex 2-D (Tariff Commitments) as if that Party had never applied the transitional safeguard measure.

6. No Party shall apply a transitional safeguard measure more than once on the same good.

Article 6.5. Investigation Procedures and Transparency Requirements

1. A Party shall apply a transitional safeguard measure only following an investigation by the Party’s competent authorities in accordance with Article 3 and Article 4.2(c) of the Safeguards Agreement; to this end, Article 3 and Article 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.

2. In the investigation described in paragraph 1, the Party shall comply with the requirements of Article 4.2(a) and Article 4.2(b) of the Safeguards Agreement; to this end, Article 4.2(a) and Article 4.2(b) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.

Article 6.6. Notification and Consultation

1. A Party shall promptly notify the other Parties, in writing, if it:

(a) initiates a transitional safeguard investigation under this Chapter;

(b) makes a finding of serious injury, or threat of serious injury, caused by increased imports, as set out in Article 6.3 (Imposition of a Transitional Safeguard Measure);

(c) takes a decision to apply or extend a transitional safeguard measure; and

(d) takes a decision to modify a transitional safeguard measure previously undertaken.

2. A Party shall provide to the other Parties a copy of the public version of the report of its competent authorities that is required under Article 6.5.1 (Investigation Procedures and Transparency Requirements).

3. When a Party makes a notification pursuant to paragraph 1(c) that it is applying or extending a transitional safeguard measure, that Party shall include in that notification:

(a) evidence of serious injury, or threat of serious injury, caused by increased imports of an originating good of another Party or Parties as a result of the reduction or elimination of a customs duty pursuant to this Agreement;

(b) a precise description of the originating good subject to the transitional safeguard measure including its heading or subheading under the HS Code, on which the schedules of tariff commitments in Annex 2-D (Tariff Commitments) are based;

(c) a precise description of the transitional safeguard measure;

(d) the date of the transitional safeguard measure's introduction, its expected duration and, if applicable, a timetable for progressive liberalisation of the measure; and

(ec) in the case of an extension of the transitional safeguard measure, evidence that the domestic industry concerned is adjusting.

4. On request of a Party whose good is subject to a transitional safeguard proceeding under this Chapter, the Party that conducts that proceeding shall enter into consultations with the requesting Party to review a notification under paragraph 1 or any public notice or report that the competent investigating authority issued in connection with the proceeding.

Article 6.7. Compensation

1. A Party applying a transitional safeguard measure shall, after consultations with each Party against whose good the transitional safeguard measure is applied, provide mutually agreed trade liberalising compensation in the form of concessions that have substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the transitional safeguard measure. The Party shall provide an opportunity for those consultations no later than 30 days after the application of the transitional safeguard measure.

2. If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days, any Party against whose good the transitional safeguard measure is applied may suspend the application of substantially equivalent concessions to the trade of the Party applying the transitional safeguard measure.

3. A Party against whose good the transitional safeguard measure is applied shall notify the Party applying the transitional safeguard measure in writing at least 30 days before it suspends concessions in accordance with paragraph 2.

4. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 terminates on the termination of the transitional safeguard measure.

Section B. Antidumping and Countervailing Duties

Article 6.8. Antidumping and Countervailing Duties

1. Each Party retains its rights and obligations under Article VI of GATT 1994, the AD Agreement and the SCM Agreement.

2. Nothing in this Agreement shall confer any rights or impose any obligations on the Parties with regard to proceedings or measures taken pursuant to Article VI of GATT 1994, the AD Agreement or the SCM Agreement.

3. No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Section or Annex 6-A (Practices Relating to Antidumping and Countervailing Duty Proceedings).

Chapter 7. SANITARY AND PHYTOSANITARY MEASURES

Article 7.1. Definitions

1. The definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis.

2. In addition, for the purposes of this Chapter:

competent authority means a government body of each Party responsible for measures and matters referred to in this Chapter;

emergency measure means a sanitary or phytosanitary measure that is applied by an importing Party to another Party to address an urgent problem of human, animal or plant life or health protection that arises or threatens to arise in the Party applying the measure;

import check means an inspection, examination, sampling, review of documentation, test or procedure, including laboratory, organoleptic or identity, conducted at the border by an importing Party or its representative to determine if a consignment complies (1) with the sanitary and phytosanitary requirements of the importing Party;

import programme means mandatory sanitary or phytosanitary policies, procedures or requirements of an importing Party that govern the importation of goods;

primary representative means the government body of a Party that is responsible for the implementation of this Chapter and the coordination of that Party's participation in Committee activities under Article 7.5 (Committee on Sanitary and Phytosanitary Measures);

risk analysis means the process that consists of three components: risk assessment; risk management; and risk communication;

risk communication means the exchange of information and opinions concerning risk and risk-related factors between risk assessors, risk managers, consumers and other interested parties; and

risk management means the weighing of policy alternatives in light of the results of risk assessment and, if required, selecting and implementing appropriate control options, including regulatory measures.

(1) For greater certainty, the Parties recognise that import checks are one of many tools available to assess compliance with an importing Party's sanitary and phytosanitary measures.

Article 7.2. Objectives

The objectives of this Chapter are to:

(a) protect human, animal or plant life or health in the territories of the Parties while facilitating and expanding trade by utilising a variety of means to address and seek to resolve sanitary and phytosanitary issues;

(b) reinforce and build on the SPS Agreement;

(c) strengthen communication, consultation and cooperation between the Parties, and particularly between the Parties' competent authorities and primary representatives;

(d) ensure that sanitary or phytosanitary measures implemented by a Party do not create unjustified obstacles to trade;

(e) enhance transparency in and understanding of the application of each Party’s sanitary and phytosanitary measures; and

(f) encourage the development and adoption of international standards, guidelines and recommendations, and promote their implementation by the Parties.

Article 7.3. Scope

1. This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.

2. Nothing in this Chapter prevents a Party from adopting or maintaining halal requirements for food and food products in accordance with Islamic law.

Article 7.4. General Provisions

1. The Parties affirm their rights and obligations under the SPS Agreement.

2. Nothing in this Agreement shall limit the rights and obligations that each Party has under the SPS Agreement.

Article 7.5. Committee on Sanitary and Phytosanitary Measures

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Sanitary and Phytosanitary Measures (Committee), composed of government representatives of cach Party responsible for sanitary and phytosanitary matters.

2. The objectives of the Committee are to:

(a) enhance each Party's implementation of this Chapter;

(b) consider sanitary and phytosanitary matters of mutual interest; and

(c) enhance communication and cooperation on sanitary and phytosanitary matters.

3. The Committee:

(a) shall provide a forum to improve the Parties' understanding of sanitary and phytosanitary issues that relate to the implementation of the SPS Agreement and this Chapter,

(b) shall provide a forum to enhance mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;

(c) shall exchange information on the implementation of this Chapter;

(d) shall determine the appropriate means, which may include ad hoc working groups, to undertake specific tasks related to the functions of the Committee;

(e) may identify and develop technical assistance and cooperation projects between the Parties on sanitary and phytosanitary measures;

(f) may serve as a forum for a Party to share information on a sanitary or phytosanitary issue that has arisen between it and another Party or Parties, provided that the Parties between which the issue has arisen have first attempted to address the issue through discussions between themselves; and

(g) may consult on matters and positions for the meetings of the Committee on Sanitary and Phytosanitary Measures established under Article 12 of the SPS Agreement (WTO SPS Committee), and meetings held under the auspices of the Codex Alimentarius Commission, the World Organisation for Animal Health and the International Plant Protection Convention.

4. The Committee shall establish its terms of reference at its first meeting and may revise those terms as needed.

5. The Committee shall meet within one year of the date of entry into force of this Agreement and once a year thereafter unless Parties agree otherwise.

Article 7.6. Competent Authorities and Contact Points

Each Party shall provide the other Parties with a written description of the sanitary and phytosanitary responsibilities of its competent authorities and contact points within cach of these authorities and identify its primary representative within 60 days of the date of entry into force of this Agreement for that Party. Each Party shall keep this information up to date.

Article 7.7. Adaptation to Regional Conditions, Including Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence

1. The Parties recognise that adaptation to regional conditions, including regionalisation, zoning and compartmentalisation, is an important means to facilitate trade.

2. The Parties shall take into account the relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.

3. The Parties may cooperate on the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence.

4. When an importing Party receives a request for a determination of regional conditions from an exporting Party and determines that the information provided by the exporting Party is sufficient, it shall initiate an assessment within a reasonable period of time.

5. When an importing Party commences an assessment of a request for a determination of regional conditions under paragraph 4, that Party shall promptly, on request of the exporting Party, explain its process for making the determination of regional conditions.

6. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the assessment of the exporting Party's request for a determination of regional conditions.

7. When an importing Party adopts a measure that recognises specific regional conditions of an exporting Party, the importing Party shall communicate that measure to the exporting Party in writing and implement the measure within a reasonable period of time.

8. The importing and exporting Parties involved in a particular determination may also decide in advance the risk management measures that will apply to trade between them in the event of a change in the status.

9. The Parties involved in a determination recognising regional conditions are encouraged, if mutually agreed, to report the outcome to the Committee.

10. If the evaluation of the evidence provided by the exporting Party does not result in a determination to recognise pest- or disease-free areas, or areas of low pest and disease prevalence, the importing Party shall provide the exporting Party with the rationale for its determination.

11. If there is an incident that results in the importing Party modifying or revoking the determination recognising regional conditions, on request of the exporting Party, the Parties involved shall cooperate to assess whether the determination can be reinstated.

Article 7.8. Equivalence

1. The Parties acknowledge that recognition of the equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. Further to Article 4 of the SPS Agreement, the Parties shall apply equivalence to a group of measures or on a systems-wide basis, to the extent feasible and appropriate. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures or on a systems-wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.

2. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and clearly identify the risk the sanitary or phytosanitary measure is intended to address.

3. When an importing Party receives a request for an equivalence assessment and determines that the information provided by the exporting Party is sufficient, it shall initiate the equivalence assessment within a reasonable period of time.

4. When an importing Party commences an equivalence assessment, that Party shall promptly, on request of the exporting Party, explain its equivalence process and plan for making the equivalence determination and, if the determination results in recognition, for enabling trade.

5. In determining the equivalence of a sanitary or phytosanitary measure, an importing Party shall take into account available knowledge, information and relevant experience, as well as the regulatory competence of the exporting Party.

6. The importing Party shall recognise the equivalence of a sanitary or phytosanitary measure if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure:

(a) achieves the same level of protection as the importing Party's measure; or

(b) has the same effect in achieving the objective as the importing Party's measure.(2)

7. When an importing Party adopts a measure that recognises the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures or measures on a systems-wide basis, the importing Party shall communicate the measure it has adopted to the exporting Party in writing and implement the measure within a reasonable period of time.

8. The Parties involved in an equivalence determination that results in recognition are encouraged, if mutually agreed, to report the outcome to the Committee.

9. If an equivalence determination does not result in recognition by the importing Party, the importing Party shall provide the exporting Party with the rationale for its decision.

(2) No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for this subparagraph.

Article 7.9. Science and Risk Analysis

1. The Parties recognise the importance of ensuring that their respective sanitary and phytosanitary measures are based on scientific principles.

2. Each Party shall ensure that its sanitary and phytosanitary measures cither conform to the relevant international standards, guidelines or recommendations or, if its sanitary and phytosanitary measures do not conform to international standards, guidelines or recommendations, that they are based on documented and objective scientific evidence that is rationally related to the measures, while recognising the Parties' obligations regarding assessment of risk under Article 5 of the SPS Agreement (3)

3. Recognising the Parties' rights and obligations under the relevant provisions of the SPS Agreement, nothing in this Chapter shall be construed to prevent a Party from:

(a) establishing the level of protection it determines to be appropriate;

(b) establishing or maintaining an approval procedure that requires a risk analysis to be conducted before the Party grants a product access to its market; or

(c) adopting or maintaining a sanitary or phytosanitary measure on a provisional basis.

4. Each Party shall:

(a) ensure that its sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Parties where identical or similar conditions prevail, including between its own territory and that of other Parties; and

(b) conduct its risk analysis in a manner that is documented and that provides interested persons and other Parties an opportunity to comment, in a manner to be determined by that Party. (4)

5. Each Party shall ensure that each risk assessment it conducts is appropriate to the circumstances of the risk at issue and takes into account reasonably available and relevant scientific data, including qualitative and quantitative information.

6. When conducting its risk analysis, each Party shall:

(a) take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations;

(b) consider risk management options that are not more trade restrictive (5) than required, including the facilitation of trade by not taking any measure, to achieve the level of protection that the Party has determined to be appropriate; and

(c) select a risk management option that is not more trade restrictive than required to achieve the sanitary or phytosanitary objective, taking into account technical and economic feasibility.

7. If an importing Party requires a risk analysis to evaluate a request from an exporting Party to authorise importation of a good of that exporting Party, the importing Party shall provide, on request of the exporting Party, an explanation of the information required for the risk assessment. On receipt of the required information from the exporting Party, the importing Party shall endeavour to facilitate the evaluation of the request for authorisation by scheduling work on this request in accordance with the procedures, policies, resources, and laws and regulations of the importing Party.

8. On request of the exporting Party, the importing Party shall inform the exporting Party of the progress of a specific risk analysis request, and of any delay that may occur during the process.

9. If the importing Party, as a result of a risk analysis, adopts a sanitary or phytosanitary measure that allows trade to commence or resume, the importing Party shall implement the measure within a reasonable period of time.

10. Without prejudice to Article 7.14 (Emergency Measures), no Party shall stop the importation of a good of another Party solely for the reason that the importing Party is undertaking a review of its sanitary or phytosanitary measure, if the importing Party permitted the importation of that good of the other Party when the review was initiated.

(3) No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for this paragraph.
(4) For greater certainty, this subparagraph applies only to a risk analysis for a sanitary or phytosanitary measure that constitutes a sanitary or phytosanitary regulation for the purposes of Annex B of the SPS Agreement.
(5) For the purposes of subparagraphs (b) and (c), a risk management option is not more trade-restrictive than required unless there is another option reasonably available, taking into account technical and economic feasibility, that achieves the appropriate level of sanitary or phytosanitary protection and is significantly less restrictive to trade.

Article 7.10. Audits  (6)

1. To determine an exporting Party's ability to provide required assurances and meet the sanitary and phytosanitary measures of the importing Party, each importing Party shall have the right, subject to this Article, to audit the exporting Party's competent authorities and associated or designated inspection systems. That audit may include an assessment of the competent authorities' control programmes, including: if appropriate, reviews of the inspection and audit programmes; and on-site inspections of facilities.

2. An audit shall be systems-based and designed to check the effectiveness of the regulatory controls of the competent authorities of the exporting Party.

3. In undertaking an audit, a Party shall take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.

4. Prior to the commencement of an audit, the importing Party and exporting Party involved shall discuss the rationale and decide: the objectives and scope of the audit; the criteria or requirements against which the exporting Party will be assessed; and the itinerary and procedures for conducting the audit.

5. The auditing Party shall provide the audited Party the opportunity to comment on the findings of the audit and take any such comments into account before the auditing Party makes its conclusions and takes any action. The auditing Party shall provide a report setting out its conclusions in writing to the audited Party within a reasonable period of time.

6. A decision or action taken by the auditing Party as a result of the audit shall be supported by objective evidence and data that can be verified, taking into account the auditing Party’s knowledge of, relevant experience with, and confidence in, the audited Party. This objective evidence and data shall be provided to the audited Party on request.

7. The costs incurred by the auditing Party shall be borne by the auditing Party, unless both Parties decide otherwise.

8. The auditing Party and audited Party shall each ensure that procedures are in place to prevent the disclosure of confidential information that is acquired during the audit process.

(6) For greater certainty, nothing in this Article prevents an importing Party from performing an inspection of a facility for the purposes of determining if the facility conforms with the importing Party's sanitary or phytosanitary requirements or conforms with sanitary or phytosanitary requirements that the importing Party has determined to be equivalent to its sanitary or phytosanitary requirements.

Article 7.11. Import Checks

1. Each Party shall ensure that its import programmes are based on the risks associated with importations, and the import checks are carried out without undue delay. (7)

2. A Party shall make available to another Party, on request, information on its import procedures and its basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importations.

3. A Party may amend the frequency of its import checks as a result of experience gained through import checks or as a result of actions or discussions provided for in this Chapter.

4. An importing Party shall provide to another Party, on request, information regarding the analytical methods, quality controls, sampling procedures and facilities that the importing Party uses to test a good. The importing Party shall ensure that any testing is conducted using appropriate and validated methods in a facility that operates under a quality assurance programme that is consistent with international laboratory standards. The importing Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample.

  • 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