ANNEX 15B. RULES OF PROCEDURE
Application
1. The following rules of procedure apply to a dispute settlement proceeding under Chapter 15 of this Agreement, unless the Parties decide otherwise.
Consultations
2. Both Parties shall make available personnel of their governmental agencies or other regulatory bodies with expertise in the subject matter of the consultations.
Administration of Proceedings
3. The Party in whose territory the proceedings take place shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless the Parties decide otherwise.
Written Submissions and Other Documents
4. Each Party shall deliver the original and a minimum of three copies of any written submission to the panel and one copy to the Coordinator of the other Party. Delivery of submissions and any other document related to the panel proceeding may be made by electronic mail or, if the Parties decide, by other means of electronic transmission, that provides a record of its sending. When a Party delivers physical copies of written submissions or any other document related to the panel proceeding, that Party shall deliver at approximately the same time an electronic version of the submissions or other documents.
5. The Complaining Party shall deliver to the panel an initial written submission no later than 10 days after the date on which the last panelist is appointed. The Responding Party, in turn, shall deliver a written counter-submission to the panel no later than 25 days after the date on which the initial written submission of the Complaining Party is due.
6. Each Party shall also provide a copy of its written submission to the other Party at the same time as it is delivered to the panel
7. The panel, in consultation with the Parties, shall establish dates for the delivery of the subsequent written rebuttal submissions of the Parties and any other written submissions that the panel determines are appropriate.
8. At any time, a Party may correct minor errors of a clerical nature in any written submission or other document related to the panel proceeding by delivering a new document clearly indicating the changes.
9. If the last day for delivery of a document falls on a legal holiday observed by either Party or on another day on which the government offices of either Party are closed by order of the government or by force majeure, the document may be delivered on the next business day.
Operation of Panels
10. The chair of the panel shall preside at all of the panel's meetings.
11. The panel may conduct its business by any appropriate means, including by telephone, video or computer links.
12. The panel, in consultation with the Parties, may employ:
(a) an assistant, interpreter, translator or stenographer as it requires to carry out its functions; and
(b) an additional reasonable number of such natural persons it deems necessary for the proceedings.
13. Only panelists may take part in the deliberations of the panel. The panel may, in consultation with the Parties, permit the natural persons employed by the panel to be present during the panel's deliberations.
14. The panelists and the natural persons employed by the panel shall maintain the confidentiality of the panel's deliberations and any information that is protected under Rule 21 and paragraphs 25 and 26 of Annex A.
Hearings
15. In every dispute arising under Chapter 15 of this Agreement, there shall be at least one hearing. The panel may convene additional hearings in consultation with the Parties.
16. The chair shall fix the date and time of the initial hearing and any subsequent hearing in consultation with the Parties and the panelists, and then notify the Parties in writing of those dates and times. All panelists shall be present at hearings.
17. Unless the Parties agree otherwise, the hearings shall take place in the territory of the Responding Party or virtually if the parties so agree.
18. No less than five days before the date of a hearing, each Party shall deliver to the other Party and the panel a list of the names of the persons who will be present at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.
19. Panels shall normally afford the Complaining Party and the Responding Party equal time for arguments, replies and counter replies.
20. The panel shall arrange the preparation of hearing transcripts, if any, and shall, as soon as possible after these transcripts are prepared, deliver a copy to each Party.
21. The Parties, their advisers and representatives shall maintain the confidentiality of the panel's initial report, and all written submissions to, and communications with, the panel, in accordance with the following procedures:
(a) a Party may make available to the public at any time its own written submissions;
(b) each Party shall ensure that information designated by either Party for treatment as confidential information, is protected;
(c) a Party shall, upon request of the other Party, provide a non-confidential version of its written submissions, transcript of oral statements and written responses to requests or questions from the panel that may be made available to the public; and
(d) each Party shall take such reasonable steps as necessary to ensure that its experts, interpreters, translators, court reporters and other persons involved in the panel proceedings maintain the confidentiality of the panel proceedings.
Role of Experts
22. At the request of a Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, subject to Rules 23 through 28 and additional terms and conditions as the Parties may decide. The requirements set out in Article 15.10.1(b), (c), (e) and (f) shall apply to the experts as appropriate.
23. Before the panel seeks information or technical advice, it shall notify the Parties of its intention to seek information or technical advice under Rule 22 and the reasons for seeking it. In addition, the panel shall identify the expert from whom the information or technical advice is sought. The panel shall provide the Parties with an adequate period of time to submit comments and take into consideration these comments.
24. The panel shall only seek information or technical advice relating to the factual or legal issues before it.
25. The panel shall set a reasonable time limit for the submission of the information or the technical advice under Rule 21, which shall normally be no longer than 60 days.
26. If information or technical advice is sought under Rule 22, the panel may suspend any time limit applicable to the panel proceedings until the date the information or the technical advice is delivered to the panel.
27. The panel shall provide the Parties with a copy of any information or technical advice received under Rule 22 and provide them with an adequate period of time to submit comments.
28. If the panel takes into consideration the information or technical advice received under Rule 22 for the preparation of its report, it shall also take into consideration any comments or observations submitted by the Parties with respect to that information or technical advice.
Burden of Proof
29. A Complaining Party asserting that a measure of the other Party is inconsistent with the provisions of this Agreement shall have the burden of establishing that inconsistency. If the Responding Party asserts that a measure is subject to an exception or exemption under this Agreement, it shall have the burden of establishing that the exception or exemption applies.
Ex Parte Contacts
30. The panel shall not meet with or contact a Party in the absence of the other Party. Subject to Article 15.11.7, a panelist shall not discuss any aspect of the subject matter of the proceeding with the Parties in the absence of the other panelists.
Removal of a panelist
31. If a Party considers that a panelist or the chair is not in compliance with the requirements of the Code of Conduct and for this reason must be replaced, that Party shall immediately notify the other Party. Upon receipt of this notice, the Parties shall consult and, if they so decide, shall replace the panelist or the chair and select a replacement using the procedure set out in Article15.9.4 or 15.9.5 and, if necessary, Article15.9.6.
32. If the Parties fail to decide on the need to replace a panelist, either Party may request that the matter be referred to the chair of the panel, whose decision shall be final. The chair shall render a decision within 10 days of the request. If the chair decides that the panelist should be replaced, a replacement shall be selected using the procedure set out in Article 15.9.4 and, if necessary, Article 15.9.6.
33. If the Parties fail to decide on the need to replace the chair, either Party may request that the matter be referred to the two remaining panelists, whose decision shall be final. The panelists shall render a decision within 10 days of the request. If the panelists decide that the chair should be replaced, or if the panelists cannot reach a decision within 10 days of the request, a replacement shall be selected using the procedure set out in Article 15.9.5 and, if necessary, Article 15.9.6.
Remuneration and Payment of Expenses
34. For the purposes of Article 15.11.12:
(a) the amount of remuneration of the panel shall be set by the Joint Committee in accordance with Article 17.3 (Functions of the Joint Committee); and
(b) the expenses of the panel include travel and lodging expenses and all general expenses of the panelists and experts appointed by the panel.
35. Each panelist shall keep a record and render a final account to the Parties of their time and expenses. The chair of the panel shall keep a record and render a final account to the Parties of all general expenses.
Chapter 16. EXCEPTIONS
Article 16.1. General Exceptions
1. For the purposes of this Agreement, Article XX (General Exceptions) of the GATT 1994 is incorporated into and made part of this Agreement with any necessary modifications.
2. Notwithstanding paragraph 1, for the purposes of Chapters 8 (Trade in Services) and 9 ((Digital Trade)(53), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.
Chapter 16.2. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations under the United Nations Charter with respect to the maintenance or restoration of international peace or security, or for the protection of its own essential security interests, or in order to carry out obligations it has accepted for the purpose of maintaining international security.
Article 16.3. Taxation
1. Except as set out in this Article, this Agreement does not apply to a taxation measure.
2. This Agreement does not affect the rights and obligations of a Party under a tax convention. In the event of any inconsistency between this Agreement and a tax convention, the tax convention prevails.
3. If a provision with respect to a taxation measure under this Agreement is similar to a provision under a tax convention, the competent authorities identified in the tax convention shall use the procedural provisions of that tax convention to resolve an issue that may arise under this Agreement.
4. Notwithstanding paragraphs 2 and 3, Article 2.3 (National Treatment) and the provisions of this Agreement necessary to give effect to that Article apply to a taxation measure to the same extent as Article III of the GATT 1994.
Article 16.4. Disclosure of Information
Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would be contrary to its domestic legal system, impede law enforcement, or otherwise be contrary to public interest, or which would prejudice the legitimate commercial interests of individuals or of particular enterprises, public or private.
Chapter 17. ADMINISTRATION OF THE AGREEMENT
Article 17.1. Establishment of the Joint Committee
1. The Parties hereby establish a Joint Committee comprising representatives of each Party (hereinafter "Joint Committee").
2. The Joint Committee shall be co-chaired by the Minister of Economy for the UAE, or its successor, and the Minister of Economy and Industry for Israel, or its successor, or their respective designees.
Article 17.2. Functions of the Joint Committee
1. The functions of the Joint Committee shall be as follows:
(a) to review and assess the results and overall operation of this Agreement in light of the experience gained during its application and its objectives;
(b) to consider and recommend, if necessary, any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement;
(c) to ensure the proper implementation, facilitation and operation of this Agreement and the application of its provisions, and consider other ways to attain its general objectives;
(d) to evaluate the results obtained from the application of this Agreement, in particular the evolution of trade and economic relations between the Parties;
(e) without prejudice to Chapter 15 (Dispute Settlement) and other provisions of this Agreement, to explore the most appropriate way to prevent or solve any difficulty that may arise in relation to issues covered by this Agreement;
(f) to supervise and coordinate the work of all subcommittees and working groups established under this Agreement and recommend any necessary action;
(g) to evaluate and adopt decisions or make recommendations as envisaged by this Agreement regarding any subject matter which is referred to it by any subcommittee, working group, and other body established under this Agreement;
(h) to supervise the further development of this Agreement;
(i) to keep under review the possibility of further removal of obstacles to trade between the Parties;
(j) to consider any other matter that may affect the operation of this Agreement; and
(k) to carry out any other functions as may be agreed by the Parties.
2. The Joint Committee may:
(a) agree to the initiation of negotiations, with the aim of deepening the liberalisation already achieved in sectors covered by this Agreement;
(b) recommend to the Parties to adopt any amendment or modification to the provisions of this Agreement. Any such amendment shall enter into force in accordance with the procedure set forth in Article 18.6 (Entry into Force);
(c) modify by a Joint Committee decision:
(i) the Tariff Reduction or Elimination Schedules set out in Annex 2B and Annex 2C with the purpose of adding one or more goods excluded in the Schedule of a Party;
(ii) the phase-out periods established in the Tariff Reduction or Elimination Schedules set out in Annex 2B and Annex 2C;
(iii) the Product Specific Rules (PSRs) (Annex 3A), the Certificate of Origin (Annex 3B), and the Approved Exporter Declaration Pursuant to Article 3.20 (Annex 3C).
(iv) the Rules of Procedure for Panel Proceedings established in Annex 15B and the Code of Conduct established in Annex 15A.
Each Party shall implement, subject to the completion of its applicable internal legal procedures and upon notification of such, any modification referred to in this subparagraph, within such period as the Parties may agree;
(d) adopt interpretations of the provisions of this Agreement.
Such interpretations shall be taken into consideration by a Panel established under Chapter 15 (Dispute Settlement).
However, interpretations adopted by the Joint Committee shall not constitute an amendment or modification to the provisions of this Agreement; and
(e) take such other action in the exercise of its functions as the Parties may agree.
3. For the purposes of this Article, the Parties shall exchange information and, at the request of either Party, shall hold consultations within the Joint Committee.
4. The Joint Committee shall establish its own working procedures.
5. Unless the Parties agree otherwise:
(a) the Joint Committee shall meet once every two years;
(b) the Joint Committee shall convene in regular sessions, alternately in each country; and
(c) in special session, within 30 days of the written request of a Party, such session to be held in the other Party's country or at such location as the Parties may agree or by any other technological means available.
6. Meetings of the Joint Committee and of any standing or ad hoc subcommittees or working groups may be conducted in person or by any other means as determined by the Parties.
Article 17.3. Establishment of Subcommittees, Working Groups, and other Bodies
1. The Joint Committee may restructure standing subcommittees and establish and delegate responsibilities to other subcommittees, working groups, or any other bodies comprised of representatives from both Parties, in order to assist it in the performance of its tasks. For that purpose, the Joint Committee shall determine the composition, duties, and rules of procedure of such subcommittees, working groups or other bodies.
2. The subcommittees, working groups, and other bodies shall inform the Joint Committee, sufficiently in advance, of their schedule of meetings and of the agenda of those meetings. The subcommittees, working groups, and other bodies shall submit summaries of their meetings to the Joint Committee.
Article 17.4. Communications
1. Each Party shall designate an Agreement Coordinator.
2. The Agreement Coordinators shall:
(a) receive and facilitate official communications among the Parties on any matter relating to this Agreement;
(b) act as contact points to facilitate communication between the Parties on any matter covered by this Agreement, unless otherwise provided for in this Agreement;
(c) work jointly to develop agendas;
(d) make other preparations for the Joint Committee meetings;
(e) follow-up on the Joint Committee's decisions as appropriate;
(f) receive and respond to any notifications, requests, and information submitted under this Agreement, unless otherwise provided for in this Agreement; and
(g) assist the Joint Committee in any other matter referred to them by the Joint Committee.
3. To the extent possible, all official communications in relation to this Agreement shall be in English.
Chapter 18. FINAL PROVISIONS
Article 18.1. Annexes, Appendices, Side Letters, and Footnotes
The annexes, appendices, side letters, and footnotes to this Agreement constitute an integral part of this Agreement.
Article 18.2. Amendments
1. The Parties may agree, in writing, to amend this Agreement.
2. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 18.6, unless otherwise agreed by the Parties.
4. An amendment shall constitute an integral part of this Agreement.
Article 18.3. Duration and Termination
1. This Agreement shall be valid for an indefinite period.
2. Either Party may terminate this Agreement by written notification to the other Party.
Such termination shall take effect six months after the date of the notification.
Article 18.4. Amendments to the WTO Agreements
1. The Parties understand that any provision of the WTO Agreement, incorporated into this Agreement, is incorporated with any amendments which have entered into force for both Parties at the time such provision is applied.
2. If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties may consult on whether it is necessary to amend this Agreement in light of such amendment to the WTO Agreement.
Article 18.5. Accession
Any country, group of countries or customs territory (hereinafter referred to as "acceding Party") may accede to this Agreement, subject to the Parties' agreement and to such terms and conditions as may be agreed between the acceding Party and the Parties to this Agreement, and following the completion of their applicable internal legal procedures. Such accession shall be effective 60 days from the date of deposit of the instrument of accession with the Joint Committee.
Article 18.6. Entry Into Force
This Agreement shall enter into force 60 days following the date of the latter Diplomatic Note by which the Parties notify each other that their internal legal procedures have been completed and all necessary requirements have been fulfilled for the entry into force of the Agreement, or on any date following the exchange of notes as agreed upon by the Parties.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Dubai, this 31 day of May, 2022, which corresponds to the I day of Sivan in the year 5782 of the Hebrew cale ndar, in two original copies each in the English, Arabic and Hebrew languages, each version being equally authentic. In case of any divergence of interpretation or any discrepancies, the English text shall prevail.
FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES
H.E. Abdulla Bin Touq Al Marri Minister of Economy
FOR THE GOVERNMENT OF THE STATE OF ISRAEL
H.E. Orna Barbivay
Minister of Economy & Industry