Article 11.27. Right of Communication to the Public
Without prejudice to Article 11(1)(ii), Article 11bis(1)(i) and (ii), Article 11ter(1)(ii), Article 14(1)(ii), and Article 14bis(1) of the Berne Convention, each Party shall provide to authors the exclusive right to authorise or prohibit the communication to the public of their works, (49) by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them. (50)
Article 11.28. Related Rights
1. In accordance with their rights and obligations under the Rome Convention, 1961, and the TRIPS Agreement, each Party shall provide that the protection provided for performers shall at least include the possibility of preventing:
(a) the broadcasting and communication to the public, without their consent, of their live performance, except where the performance used in the broadcasting or public communication is itself already a broadcast performance or is made; and
(b) the fixation, without their consent, of their unfixed performance.
2. A Party may provide to performers the exclusive right to authorise or prohibit the broadcasting or any communication to the public of their performances, by wire or wireless means, and the making available to the public of those performances in such a way that members of the public may access them from a place and at a time individually chosen by them.
3. A Party may provide to producers of phonograms the exclusive right to authorise or prohibit the broadcasting or any communication to the public of their phonograms, by wire or wireless means. Each Party shall provide phonogram producers with the exclusive right of authorizing the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.
Article 11.29. Limitations and Exceptions
1. With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.
2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the Rome Convention, the WIPO Copyright Treaty (WCT) (1996) or the WIPO Performances and Phonograms Treaty (WPPT) (1996).
Section G. Enforcement
Article 11.30. General Obligation In Enforcement
Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
Article 11.31. Border Measures
Each Party shall, in conformity with its domestic law and regulations and the provisions of Part III, Section 4 of the TRIPS Agreement, adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark or pirated copyright goods (51) may take place, to lodge an application in writing with the competent authorities in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part III, Section 4 of the TRIPS Agreement are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from its territory as per its domestic laws and regulation.
Chapter 12. INVESTMENT
Article 12.1. Relation to the Bilateral Investment Agreement
The Parties note the existence of and reaffirm the Agreement between the Government of the United Arab Emirates and the Government of the State of Israel on Promotion and Protection of Investments signed in Tel Aviv on 20 October 2020 (hereinafter "the BIT") and any subsequent amendments thereto.
Article 12.2. Objective
The Parties affirm their desire to promote an attractive investment climate and acknowledge the relationship between investment and the expansion of trade in goods and services under this Agreement. The Parties shall take appropriate measures to maintain favorable conditions for the diversification of trade and investment between the two countries.
Article 12.3. Committee on Investment
In order to promote a constructive dialogue, the Joint Committee on Investment, established pursuant to Article 27 of the BIT, will periodically, or upon request, report to the Joint Committee of this Agreement established pursuant to Article 17.1 (Establishment of the Joint Committee) on matters related to the facilitation of bilateral investments and any other issues discussed in relation to the BIT.
Article 12.4. Non-Application of Dispute Settlement
This Chapter shall not be subject to Chapter 15 (Dispute Settlement).
Chapter 13. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 13.1. General Principles
1. The Parties, recognizing the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognize the key role of the private sector in carrying out cooperation activities under this Chapter.
Article 13.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, the Parties may:
(a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities under this Agreement;
(b) collaborate on activities to promote SMEs owned by women and their participation in international trade;
(c) exchange and discuss each Party's experiences and best practices in supporting and assisting SMEs with respect to, among other things, training programs, trade education, trade finance, identifying commercial partners in the other Party, and establishing good business credentials;
(d) discuss current issues relating to SMEs; and
(e) promote the participation of SMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets.
Article 13.3. Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement including all annexes, tariff schedules, and product specific rules of origin;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be of particular interest to SMEs; and
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website referred to in paragraph 1 links to:
(a) the equivalent websites of the other Party; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, or doing business in that Party's territory.
3. The information described in paragraph 2(b) may include:
(a) customs regulations, procedures, and enquiry points;
(b) regulations and procedures concerning intellectual property;
(c) technical regulations, standards, and conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) investment regulations;
(f) business registration;
(g) trade promotion programs;
(h) SME financing programs; and
(i) government procurement opportunities.
4. Each Party should endeavor to ensure that the information and links on the website referred to in paragraph 1 are up-to-date and accurate.
5. When possible, each Party shall endeavor to make the information referred to in this Article available in English.
Article 13.4. Contact Points
1. The Parties shall designate contact points to facilitate communication on possible cooperation activities. Contact points will work with their respective government ministries and agencies, business sector representatives, and educational and research institutions for the operation of this Chapter.
2. For the implementation of this Chapter, the following contact points are designated:
(a) for the UAE: Foreign Trade Sector, Ministry of Economy, or its successor; and
(b) for Israel: Foreign Trade Administration, Ministry of Economy and Industry, or its successor;
or the office that the Parties otherwise notify.
Article 13.5. Non-Application of Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 14. ECONOMIC COOPERATION
Article 14.1. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit.
2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits.
3. Cooperation between the Parties should contribute to achieving the objectives of this Agreement through the identification and development of cooperation initiatives capable of providing added value to the bilateral relationship.
4. Cooperation between the Parties under this Chapter will involve both Parties and complement the cooperation referred to in other chapters of this Agreement.
Article 14.2. Scope
1. Economic cooperation under this Chapter shall support the effective implementation and utilisation of this Agreement through activities mutually beneficial to the Parties.
2. Economic cooperation under this Chapter shall cover areas agreed by the Parties.
3. Cooperation shall be led by the Contact Points responsible for this Chapter in accordance with Article 14.5, by means of the instruments, resources and mechanisms made available by the Parties to that end and in conformity with each Party's law.
Article 14.3. Means of Cooperation
The Parties will endeavour to encourage technical, technological, and scientific economic cooperation through the following ways:
(a) joint organization of conferences, seminars, workshops, meetings, training sessions, and outreach and education programs;
(b) exchange of delegations, professionals, technicians, and specialists from the academic sector, institutions dedicated to research, private sector, and governmental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties' private sector and agencies involved in trade promotion;
(d) promotion of joint business initiatives between entrepreneurs of the Parties; and
(e) any other form of cooperation that may be agreed by the Parties.
Article 14.4. Competition Policy
The Parties recognize the importance of general cooperation and consultations in the area of competition policy. The Parties may cooperate to exchange non-confidential information may cooperate to exchange non-confidential information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities. Cooperation and consultations shall be without prejudice to the autonomy of each Party to develop, maintain, and enforce its domestic competition laws and regulations.
Article 14.5. Contact Points
1. The Parties shall designate contact points to facilitate communication on possible cooperation activities. Contact points will work with their respective government ministries and agencies, business sector representatives, and educational and research institutions for the operation of this Chapter.
2. For the implementation of this Chapter, the following contact points are designated:
(a) for the UAE: Foreign Trade Sector, Ministry of Economy, or its successor; and
(b) for Israel: Foreign Trade Administration, Ministry of Economy and Industry, or its successor;
or the offices that the Parties otherwise notify.
Article 14.6. Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 15. DISPUTE SETTLEMENT
Section A. Dispute Settlement
Article 15.1. Definitions
For the purposes of this Chapter:
adviser means a person retained by a Party to advise or assist the Party in connection with the panel proceeding;
assistant means, in respect of a panelist, a natural person under the direction and control of the panelist;
candidate means a natural person who is under consideration for appointment as a panelist of a panel;
Complaining Party means a Party that requests the establishment of a panel under Article 15.8;
decision includes a determination of a question in the proceeding, including an initial, interlocutory or final decision;
expert means an expert from whom the panel seeks information and technical advice pursuant to Rule 22 of the Rules of Procedure in Annex 15B;
former panelist means a natural person who served as a panelist on a panel;
legal holiday means every Friday, Saturday and Sunday and any other day designated by a Party as a holiday for the purposes of procedures under this Chapter;
panel means a panel established under Article 15.8;
panelist means a member of a panel established under Article 15.8;
Responding Party means the Party that receives the request for the establishment of a panel under Article 15.8;
proceeding means a panel proceeding under this Chapter; and
representative means an employee of, or any person appointed by, a government department or agency or of another government entity of a Party.
Article 15.2. Objective
The objective of this Chapter is to provide an effective and efficient dispute settlement process between the Parties regarding their rights and obligations under this Agreement.
Article 15.3. Scope and Coverage
Except for matters arising under Chapter 12 (Investment), Chapter 13 (Small and Medium-sized Enterprises) and Chapter 14 (Economic Cooperation), and unless otherwise provided in this Agreement, the provisions of this Chapter apply with respect to the settlement of disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:
(a) a measure of the other Party is inconsistent with one of its obligations under this Agreement; or
(b) the other Party has otherwise failed to carry out one of its obligations under this Agreement.
Article 15.4. Cooperation
1. The Parties shall endeavour to agree regarding the interpretation and application of this Agreement and shall make all efforts through cooperation ,consultation, or other means, to reach a mutually agreed solution concerning any matter that might affect its operation.
2. A solution mutually acceptable to the Parties to a dispute and consistent with this Agreement is clearly preferable. In the absence of a mutually agreed solution, the first objective of this Chapter will generally be to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of this Agreement.
Article 15.5. Choice of Forum
1. Where a dispute regarding any matter arises both under this Agreement and under the WTO Agreement or any other trade agreement to which both Parties are party, the Complaining Party may select the forum in which to settle the dispute.
2.Once the Complaining Party has requested the establishment of, or referred a matter to, a dispute settlement panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of other fora.
3. For the purposes of paragraph 2:
(a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 15.8;
(b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, contained in Annex 2 to the WTO Agreement; and
(c) dispute settlement proceedings under any other agreement are deemed to be initiated when a Party requests the establishment of a dispute settlement panel in accordance with the relevant provisions of that agreement.
Article 15.6. Consultations
1. A Party may request, in writing, consultations with the other Party regarding a matter referred to in Article 15.3.
2. The Party requesting consultations shall deliver the written request to the other Party, setting out the reasons for the request, identifying the measure at issue, a general description of its factual basis and indicating the legal basis of the request under Article 15.3, including the provisions of the Agreement considered to be applicable.
3. The Party to which the request for consultations is made shall reply to the request within 15 days after the date of receipt of the request and consultations shall be held within 30 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days of the date of receipt of the request, unless the Parties agree otherwise.
4. In cases of urgency, including those involving a good that rapidly loses its trade value, such as perishable goods or seasonal goods, consultations shall commence no later than 15 days after the date of receipt of the request by the other Party. The consultations shall be deemed to be concluded within 25 days of the date of the receipt of the request unless the Parties agree otherwise.
5. The Parties shall endeavour to arrive at a mutually satisfactory resolution of the matter through consultations under this Article. To this end, each Party shall:
(a) provide to the other Party sufficient information that the Party has reasonably available to it to enable a full examination of the measure or matter at issue; and
(b) treat confidential or proprietary information received in the course of consultations on the same basis as the Party providing the information.
6. Consultations may be held in person or by any other means that the Parties choose. If consultations are held in person, they shall take place in the territory of the Responding Party, unless the Parties decide otherwise.
Article 15.7. Good Offices, Conciliation, and Mediation
1. The Parties may, at any time, agree to enter into procedures for good offices, conciliation, or mediation or any other alternative method of dispute resolution. Such procedures may begin at any time and be suspended or terminated by either Party at any time.
2. Proceedings involving good offices, conciliation, and mediation, and the particular positions taken by the Parties in these proceedings, including documents prepared specifically for the purposes of those procedures, are confidential and without prejudice to the rights of the Parties under this Chapter or any other proceedings.
3. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the panel procedures set out in Article 15.11 proceed.
Article 15.8. Request for the Establishment of a Panel
1. The Complaining Party may request the establishment of a Panel if:
(a) the Responding Party does not reply to the request for consultations in accordance with the timeframes provided in Article 15.6;
(b) consultations are not held within 30 days of the date of receipt of the request for consultations; or
(c) the Parties have failed to settle the dispute through consultations within 30 days of the date of receipt of the request for consultations and in matters referred to in Article 15.6.4 within 25 days after the date of receipt of the request for consultations;
2. The complaining Party shall deliver a notice of the request for the establishment of a panel in writing to the Agreement Coordinator of the Responding Party and to the Joint Committee. The Complaining Party shall identify in its request the specific measure at issue and shall explain how that measure constitutes a violation of the provisions of this Agreement in a manner that clearly presents the legal basis for the complaint, including by indicating the relevant provisions of this Agreement.