Iceland - Liechtenstein - Norway - United Kingdom FTA (2021)
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Subsection 3.5.6. LEGAL SERVICES

Article 3.74. Scope

1. This Sub-Section applies to measures of a Party affecting the supply of designated legal services by a lawyer of the other Party, in addition to Sections 3.1 to 3.4 (General Provisions, Investment Liberalisation, Cross- Border Trade in Services and Entry and Temporary Stay of Natural Persons) of this Chapter, and Sub-Sections 3.5.1 (Domestic Regulation) and 3.5.2 (Provisions of General Application) of this Section.

2. This Sub-Section applies without prejudice to the other rights and obligations of the Parties under this Agreement, including with regard to any non-conforming measures. (51)

(51) For the avoidance of doubt, this Sub-Section applies without prejudice to the rights and obligations of the Parties in respect of members of the professions Lögmaður, Rechtsanwalt, Advokat or Advocate, Barrister or Solicitor under Chapter 12 (Recognition of Professional Qualifications).

Article 3.75. Definitions

For the purposes of this Sub-Section:

(a) “CPC” means the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);

(b) “designated legal services” means legal services in relation to home jurisdiction law and international law;

(c) “home jurisdiction” means the jurisdiction (or part thereof) of the Party in which a lawyer acquired a home jurisdiction professional title;

(d) “home jurisdiction law” means the law of the lawyer’s home jurisdiction;

(e) “home jurisdiction professional title” means the professional title listed in the second column of the following table acquired by a lawyer in the jurisdiction (or part thereof) of the corresponding Party listed in column one of that table and authorising the supply of legal services in that jurisdiction (or part thereof):

Party (Home jurisdiction) Home jurisdiction professional title
Iceland Lögmaður
Liechtenstein Rechtsanwalt
Norway Advokat
United Kingdom Advocate/Barrister/Solicitor

(f) “lawyer” means a natural person of a Party who is authorised in a Party to supply legal services under a home jurisdiction professional title;

(g) “lawyer of the other Party” means:

(i) where “the other Party” is Iceland, Liechtenstein or Norway, a lawyer who acquired a home jurisdiction professional title in Iceland, Liechtenstein or Norway;

(ii) where “the other Party” is the United Kingdom, a lawyer who acquired a home jurisdiction professional title in any part of the jurisdiction of the United Kingdom;

(h) “legal services” means the same as in CPC 861 but excluding:

(i) legal representation before administrative agencies, the courts and other duly constituted official tribunals of a Party; and

(ii) legal advisory and legal documentation and certification services that may only be supplied within a Party by a legal professional entrusted with public functions such as notaries, and services supplied by bailiffs.

Article 3.76. Obligations

1. A Party shall allow a lawyer of the other Party to supply designated legal services under a home jurisdiction professional title and shall not impose disproportionately complex or burdensome administrative or regulatory conditions on or for the provision of such services.

2. Paragraph 3 applies to the supply of designated legal services, pursuant to paragraph 1, through:

(a) the cross-border trade in services; or

(b) the entry and temporary stay of natural persons of a Party in the other Party.

3. A Party (the host jurisdiction) shall not adopt or maintain measures that impose any requirement that a lawyer of the other Party, as a condition for supplying designated legal services, must:

(a) register with the relevant competent authority or professional body responsible for the regulation of legal services in the host jurisdiction; or

(b) be a member of a professional body in the host jurisdiction.

4. Where a Party (the host jurisdiction) requires a lawyer of the other Party to register with a competent authority or professional body responsible for the regulation of legal services in the host jurisdiction as a condition of that lawyer supplying designated legal services in the host jurisdiction, in circumstances other than those set out in paragraph 2, the requirements or process for such registration shall:

(a) accord treatment no less favourable than those which apply to a natural person who is supplying legal services in relation to the law of a non-Party or international law under that person’s non-Party professional title in the host jurisdiction; and

(b) not amount to or be equivalent to any requirement to requalify into or be admitted to the legal profession of the host jurisdiction.

5. A Party (the host jurisdiction) shall allow a legal person of the other Party to establish a branch in the host jurisdiction through which designated legal services are supplied pursuant to paragraph 1, in accordance with and subject to the conditions set out in Section 3.2 (Investment Liberalisation) of this Chapter.

Article 3.77. Non-Conforming Measures

1. The provisions of this Sub-Section shall not apply to:

(a) any existing non-conforming measure that is maintained by a Party at:

(i) the central level of government, as set out by that Party in its Schedule to Annex XVI (Existing Measures);

(ii) a regional level of government, as set out by that Party in its Schedule to Annex XVI (Existing Measures); or

(iii) a local level of government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or

(c) an amendment to any non-conforming measure referred to in subparagraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with the provisions of this Sub-Section.

2. The provisions of this Sub-Section shall not apply to any measure of a Party that are consistent with the reservations, conditions or qualifications specified with respect to a sector, sub-sector or activity, as set out by that Party in its Schedule to Annex XVII (Future Measures).

3. This Sub-Section applies without prejudice to Annex XIX (Contractual Service Suppliers and Independent Professionals).

Chapter 4. DIGITAL TRADE

Article 4.1. Objectives

1. The Parties recognise the economic growth and opportunities provided by digital trade and the importance of adopting or maintaining frameworks that promote consumer confidence in digital trade and of avoiding unnecessary barriers to its use and development.

2. The Parties recognise the importance of the principle of technological neutrality in digital trade.

Article 4.2. Definitions

For the purposes of this Chapter:

(a) “computing facilities” means a computer server or storage device for processing or storing information for commercial use;

(b) “electronic authentication” means an electronic process that enables the confirmation of:

(i) the electronic identification of a person; or

(ii) the origin and integrity of data in electronic form;

(c) “electronic registered delivery service” means a service that makes it possible to transmit data between persons by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations;

(d) “electronic seal” means data in electronic form used by a legal person which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity;

(e) “electronic signature” means data in electronic form which is attached to or logically associated with other data in electronic form that is:

(i) used by a natural person to agree on the data in electronic form to which it relates; and

(ii) linked to the data in electronic form to which it relates in such a way that any subsequent alteration in the data is detectable;

(f) “electronic time stamp” means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time;

(g) “electronic trust service” means an electronic service consisting of:

(i) the creation, verification and validation of electronic signatures, electronic seals, electronic time stamps, electronic registered delivery services and certificates related to those services;

(ii) the creation, verification and validation of certificates for website authentication; or

(iii) the preservation of electronic signatures, seals or certificates related to those services;

(h) “emerging technology” means an enabling and innovative technology that has potentially significant application across a wide range of existing and future sectors, including:

(i) artificial intelligence;

(ii) distributed ledger technologies;

(iii) quantum technologies;

(iv) immersive technologies; and

(v) the Internet of Things;

(i) “end-user” means a natural person, or legal person to the extent provided for in a Party’s law, using or requesting a public telecommunications service, either as a consumer or for trade, business or professional purposes;

(j) “government data” means data owned or held by any level of government and by non-governmental bodies in the exercise of powers conferred on them by any level of government;

(k) “legal person” means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any

corporation, trust, partnership, joint venture, sole proprietorship or association;

(l) “measures of a Party” means measures adopted or maintained by:

(i) central, regional or local governments and authorities; and

(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

(m) “person” means a natural person or a legal person;

(n) “personal data” means any information about an identified or identifiable natural person;

(o) “public telecommunications service” means any telecommunications service that is offered to the public generally; and

(p) “unsolicited commercial electronic message” means an electronic message (52) which is sent for commercial or marketing purposes, without the consent or despite the explicit rejection of the recipient, directly to an end-user via a public telecommunications service.

(52) For greater certainty, an electronic message includes electronic mail and text (Short Message Service) and multimedia (Multimedia Message Service) messages.

Article 4.3. Scope

1. This Chapter applies to measures of a Party affecting trade enabled by electronic means.

2. This Chapter does not apply to:

(a) audio-visual services;

(b) gambling services;

(c) government procurement, except for Article 4.5 (Electronic Contracts) and Article 4.6 (Electronic Authentication and Electronic Trust Services); and

(d) except for Article 4.14 (Open Government Data), information held or processed by or on behalf of a Party, or measures of a Party related to that information, including measures related to its collection.

Article 4.4. Customs Duties (53)

1. A Party shall not impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of another Party.

2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided that those taxes, fees or charges are imposed in a manner consistent with this Agreement.

(53) Pursuant to Article 1.4 (Trade and Economic Relations Governed by this Agreement) of Chapter 1 (General Provisions), this Article shall not apply to Liechtenstein.

Article 4.5. Electronic Contracts

Except as otherwise provided for in its law, a Party shall not adopt or maintain measures that:

(a) deprive an electronic contract of legal effect, enforceability or validity, solely on the ground that the contract has been made by electronic means; or

(b) otherwise create obstacles for the use of electronic contracts.

Article 4.6. Electronic Authentication and Electronic Trust Services

1. A Party shall not deny the legal effect and admissibility as evidence in legal proceedings of an electronic document, an electronic signature, an electronic seal, an electronic time stamp, the authenticating data resulting from electronic authentication, or of data sent and received using an electronic registered delivery service, solely on the ground that it is in electronic form.

2. A Party shall not adopt or maintain measures that would:

(a) prohibit parties to an electronic transaction from mutually determining the appropriate electronic authentication methods for their transaction; or

(b) prevent parties to an electronic transaction from being able to prove to judicial and administrative authorities that the use of electronic authentication or an electronic trust service in that transaction complies with the applicable legal requirements.

3. Notwithstanding paragraph 2, a Party may require that for a particular category of transactions, the method of electronic authentication or electronic trust service is certified by an authority accredited in accordance with its law or meets certain performance standards which shall be objective, transparent and non-discriminatory and shall only relate to the specific characteristics of the category of transactions concerned.

4. In accordance with their respective international obligations, the Parties shall encourage the use of interoperable electronic trust services and electronic authentication, and the mutual recognition of electronic trust services and electronic authentication issued by a recognised provider of electronic trust services.

Article 4.7. Paperless Trading (54)

1. The Parties affirm their commitments under Article 2.53 (Data, Documentation and Automation) of Section 2.4 (Customs and Trade Facilitation).

2. The Parties shall encourage their competent authorities and other relevant bodies to cooperate on matters related to paperless trading, such as the standardisation of trade administration documents.

3. In developing initiatives concerning the use of paperless trading, the Parties shall endeavour to take into account the principles and guidelines of relevant international bodies.

(54) Pursuant to Article 1.4 (Trade and Economic Relations Governed by this Agreement) of Chapter 1 (General Provisions), this Article shall not apply to Liechtenstein.

Article 4.8. Online Consumer Protection

1. Each Party shall adopt or maintain measures that contribute to online consumer trust, including laws and regulations that proscribe unfair, misleading, fraudulent and deceptive commercial practices that cause harm or potential harm to consumers.

2. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to digital trade between the Parties in order to enhance consumer welfare.

Article 4.9. Unsolicited Commercial Electronic Messages

1. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages that:

(a) require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to prevent ongoing reception of those messages; or

(b) require the consent, as specified according to its law, of recipients to receive commercial electronic messages.

2. Each Party shall require suppliers of unsolicited commercial electronic messages to ensure that these messages are clearly identifiable as such, clearly disclose on whose behalf they are made and contain the necessary information to enable end-users to request cessation free of charge and at any time.

3. Each Party shall provide recourse against suppliers of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained pursuant to paragraphs 1 and 2.

Article 4.10. Source Code

1. A Party shall not require the transfer of, or access to, source code of software owned by a person of another Party as a condition for the import, distribution, sale or use of that software, or of a product containing that software, in that Party.

2. Paragraph 1 does not apply to the voluntary transfer of, or grant of access to, source code of software by a person of another Party:

(a) under open source licences, such as in the context of open source coding; or

(b) on a commercial basis, such as in the context of a freely negotiated contract.

3. Nothing in this Article shall preclude a regulatory body or judicial authority of a Party, or a Party with respect to a conformity assessment body, from requiring a person of another Party:

(a) to preserve and make available (55) source code of software for an investigation, inspection, examination, enforcement action or a judicial proceeding, or the monitoring of compliance with codes of conduct and other standards, subject to safeguards against unauthorised disclosure; and

(b) to transfer or provide access to source code of software for the purpose of the imposition and enforcement of a remedy granted in accordance with that Party’s law following an investigation, inspection, examination, enforcement action or a judicial proceeding.

(55) The Parties understand that this making available shall not be construed to negatively affect the status of the source code of software as a trade secret.

Article 4.11. Cross-Border Data Flows

1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, cross-border data flows shall not be restricted between the Parties by a Party:

(a) requiring the use of computing facilities or network elements in that Party for processing, including by imposing the use of computing facilities or network elements that are certified or approved in that Party;

(b) requiring the localisation of data in the Party for storage or processing;

(c) prohibiting the storage or processing of data in another Party; or

(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Parties or upon localisation requirements in the Parties.

2. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the date of entry into force of this Agreement. A Party may at any time propose that the Parties review the list of restrictions listed in paragraph 1. Such a request shall be accorded sympathetic consideration.

Article 4.12. Protection of Personal Data and Privacy

1. The Parties recognise that individuals have a right to the protection of personal data and privacy and that high standards in this regard contribute to trust in the digital economy and to the development of trade.

2. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for the protection of personal data and privacy, including with respect to cross-border data transfers, provided that the law of the Party provides for instruments enabling transfers under conditions of general application (56) for the protection of the data transferred.

3. Each Party shall inform the other Parties about any measure referred to in paragraph 2 that it adopts or maintains.

(56) For greater certainty, “conditions of general application” refer to conditions formulated in objective terms that apply horizontally to an unidentified number of economic operators and thus cover a range of situations and cases.

Article 4.13. Open Internet Access

Subject to their applicable policies, laws and regulations, each Party should adopt or maintain appropriate measures to ensure that end-users in that Party may:

(a) access, distribute and use services and applications of their choice available on the Internet, subject to reasonable, transparent and non- discriminatory network management;

(b) connect devices of their choice to the Internet, provided that these devices do not harm the network; and

(c) access information on the network management practices of their Internet access service supplier.

Article 4.14. Open Government Data

1. The Parties recognise that facilitating public access to and use of government data fosters economic and social development, competitiveness and innovation.

2. To the extent that a Party chooses to make government data available to the public, it shall endeavour to ensure that the data is in a machine-readable and open format and can be searched, retrieved, used, reused and redistributed.

3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and the use of government data that the Party has made available to the public, with a view to enhancing and generating business opportunities, especially for small and medium-sized enterprises.

Article 4.15. Cybersecurity

1. The Parties recognise that threats to cybersecurity undermine confidence in digital trade.

Accordingly, the Parties shall endeavour to:

(a) build the capabilities of their respective national entities responsible for cybersecurity incident response, taking into account the evolving nature of cybersecurity threats;

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 Territorial Application 1
  • Article   1.3 Territorial Extension 1
  • Article   1.4 Trade and Economic Relations Governed by this Agreement 1
  • Article   1.5 Relation to other International Agreements 1
  • Article   1.6 Fulfilment of Obligations 1
  • Article   1.7 Transparency 1
  • Chapter   2 TRADE IN GOODS (1) 1
  • Section   2.1 GENERAL PROVISIONS ON TRADE IN GOODS (2) 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Classification of Goods 1
  • Article   2.6 Customs Duties 1
  • Article   2.7 Export Duties, Taxes and other Charges 1
  • Article   2.8 Fees and Charges 1
  • Article   2.9 Administration and Implementation of TRQs 1
  • Article   2.10 Temporary Admission of Goods 1
  • Article   2.11 Inward and Outward Processing 2
  • Article   2.12 Import and Export Restrictions 2
  • Article   2.13 Import Licensing 2
  • Article   2.14 Export Licensing 2
  • Article   2.15 Goods for Repair or Alteration 2
  • Article   2.16 Remanufactured Goods 2
  • Article   2.17 Data Sharing on Preference Utilisation 2
  • Article   2.18 Review Clause 2
  • Article   2.19 Sub-Committee on Trade In Goods 2
  • Article   2.20 Annexes 2
  • Section   2.2 TECHNICAL BARRIERS TO TRADE 2
  • Article   2.21 Objective 2
  • Article   2.22 Scope 2
  • Article   2.23 Relationship with the TBT Agreement 2
  • Article   2.24 Technical Regulations 2
  • Article   2.25 Standards 2
  • Article   2.26 Conformity Assessment 2
  • Article   2.27 Transparency 2
  • Article   2.28 Marking and Labelling 3
  • Article   2.29 Cooperation on Market Surveillance and Non-Food Product Safety and Compliance 3
  • Article   2.30 Technical Discussions 3
  • Article   2.31 Cooperation 3
  • Article   2.32 Contact Points 3
  • Article   2.33 Sub-Committee on Technical Barriers to Trade 3
  • Section   2.3 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   2.34 Objectives 3
  • Article   2.35 Scope 3
  • Article   2.36 Definitions 3
  • Article   2.37 Rights and Obligations 3
  • Article   2.38 General Principles 3
  • Article   2.39 Specific Provisions and Arrangements Concerning Sanitary and Phytosanitary Matters 3
  • Article   2.40 Minimum Standard of Treatment on Sanitary Measures 3
  • Article   2.41 Cooperation on Sanitary Matters 3
  • Article   2.42 Transparency and Exchange of Information 3
  • Article   2.43 Recognition of Plant Pest Status and Regional Conditions 3
  • Article   2.44 Notification and Consultation 3
  • Article   2.45 Multilateral International Fora 3
  • Article   2.46 Implementation and Competent Authorities 3
  • Article   2.47 Cooperation on Antimicrobial Resistance 4
  • Article   2.48 Cooperation on Animal Welfare 4
  • Article   2.49 Sustainable Food Systems 4
  • Article   2.50 Sub-Committee on Sanitary and Phytosanitary Measures 4
  • Section   2.4 CUSTOMS AND TRADE FACILITATION 4
  • Article   2.51 Objectives and Principles 4
  • Article   2.52 Transparency, Publication and Consultations 4
  • Article   2.53 Data, Documentation and Automation 4
  • Article   2.54 Simplified Customs Procedures 4
  • Article   2.55 Release of Goods 4
  • Article   2.56 Risk Management 4
  • Article   2.57 Advance Rulings 4
  • Article   2.58 Customs Valuation 4
  • Article   2.59 Authorised Economic Operator 5
  • Article   2.60 Review and Appeal 5
  • Article   2.61 Penalties 5
  • Article   2.62 Customs Cooperation and Mutual Administrative Assistance 5
  • Article   2.63 Single Window 5
  • Article   2.64 Transit and Transhipment 5
  • Article   2.65 Post-Clearance Audit 5
  • Article   2.66 Customs Brokers 5
  • Article   2.67 Competent Customs Offices 5
  • Article   2.68 Border Agency Cooperation 5
  • Article   2.69 Confidentiality 5
  • Section   2.5 TRADE REMEDIES 5
  • GENERAL PROVISIONS 5
  • Article   2.70 Dispute Settlement 5
  • ANTI-DUMPING AND COUNTERVAILING MEASURES 5
  • Article   2.71 General Provisions 5
  • Article   2.72 Investigations 5
  • Article   2.73 Lesser Duty Rule and Public Interest 5
  • SAFEGUARD MEASURES 5
  • Article   2.74 General Provisions and Transparency 5
  • Chapter   3 SERVICES AND INVESTMENT 5
  • Section   3.1 GENERAL PROVISIONS ON SERVICES AND INVESTMENT 5
  • Article   3.1 Scope 5
  • Article   3.2 Definitions 5
  • Article   3.3 Sub-Committee on Services and Investment 5
  • Article   3.4 Denial of Benefits 6
  • Section   3.2 INVESTMENT LIBERALISATION 6
  • Article   3.5 Scope 6
  • Article   3.6 Market Access 6
  • Article   3.7 National Treatment 6
  • Article   3.8 Most-Favoured-Nation Treatment 6
  • Article   3.9 Senior Management and Boards of Directors 6
  • Article   3.10 Performance Requirements 6
  • Article   3.11 Investment and Sustainable Development 6
  • Article   3.12 Non-Conforming Measures 6
  • Section   3.3 CROSS-BORDER TRADE IN SERVICES 6
  • Article   3.13 Scope 6
  • Article   3.14 Market Access 6
  • Article   3.15 Local Presence 6
  • Article   3.16 National Treatment 6
  • Article   3.17 Most-Favoured-Nation Treatment 6
  • Article   3.18 Non-Conforming Measures 6
  • Section   3.4 ENTRY AND TEMPORARY STAY OF NATURAL PERSONS 6
  • Article   3.19 General Provisions and Scope 6
  • Article   3.20 Definitions 6
  • Article   3.21 General Obligations 7
  • Article   3.22 Application Procedures 7
  • Article   3.23 Cooperation on Return and Readmissions 7
  • Article   3.24 Transparency 7
  • Article   3.25 Business Visitors for Establishment Purposes and Intra-Corporate Transferees 7
  • Article   3.26 Contractual Service Suppliers and Independent Professionals 7
  • Article   3.27 Short-Term Business Visitors 7
  • Article   3.28 Non-Conforming Measures 7
  • Article   3.29 Contact Points 7
  • Section   3.5 REGULATORY FRAMEWORK 7
  • Subsection   3.5.1 DOMESTIC REGULATION 7
  • Article   3.30 Scope 7
  • Article   3.31 Definitions 7
  • Article   3.32 Submission of Applications 7
  • Article   3.33 Application Timeframes 7
  • Article   3.34 Electronic Applications and Acceptance of Copies 7
  • Article   3.35 Processing of Applications 7
  • Article   3.36 Fees 7
  • Article   3.37 Assessment of Qualifications 7
  • Article   3.38 Publication and Information Available 7
  • Article   3.39 Technical Standards 7
  • Article   3.40 Conditions for Authorisation 8
  • Subsection   3.5.2 PROVISIONS OF GENERAL APPLICATION 8
  • Article   3.41 Review Procedures for Administrative Decisions 8
  • Article   3.42 Opportunity to Comment Before Entry Into Force 8
  • Article   3.43 Regulatory Cooperation 8
  • Subsection   3.53 FINANCIAL SERVICES 8
  • Article   3.44 Scope 8
  • Article   3.45 Definitions 8
  • Article   3.46 New Financial Services 8
  • Article   3.47 Financial Information and Data 8
  • Article   3.48 Payments and Clearing 8
  • Article   3.49 Senior Management and Boards of Directors 8
  • Article   3.50 Self-Regulatory Organisations 8
  • Article   3.51 Prudential Carve-Out 8
  • Article   3.52 Confidential Information 8
  • Article   3.53 International Standards 8
  • Article   3.54 Recognition of Prudential Measures 8
  • Subsection   3.5.4 TELECOMMUNICATIONS SERVICES 8
  • Article   3.55 Scope 8
  • Article   3.56 Definitions 8
  • Article   3.57 Access and Use 9
  • Article   3.58 Access to Major Suppliers’ Essential Facilities 9
  • Article   3.59 Interconnection 9
  • Article   3.60 Interconnection with Major Suppliers 9
  • Article   3.61 Number Portability 9
  • Article   3.62 Scarce Resources 9
  • Article   3.63 Competitive Safeguards on Major Suppliers 9
  • Article   3.64 Treatment by Major Suppliers 9
  • Article   3.65 Telecommunications Regulatory Authority 9
  • Article   3.66 Authorisation to Provide Telecommunications Networks or Services 9
  • Article   3.67 Transparency 9
  • Article   3.68 Universal Service Obligation 9
  • Article   3.69 International Mobile Roaming Services (50) 9
  • Article   3.70 Dispute Resolution 9
  • Article   3.71 Confidentiality 9
  • Subsection   3.5.5 INTERNATIONAL MARITIME TRANSPORT SERVICES 9
  • Article   3.72 Scope and Definitions 9
  • Article   3.73 Obligations 9
  • Subsection   3.5.6 LEGAL SERVICES 10
  • Article   3.74 Scope 10
  • Article   3.75 Definitions 10
  • Article   3.76 Obligations 10
  • Article   3.77 Non-Conforming Measures 10
  • Chapter   4 DIGITAL TRADE 10
  • Article   4.1 Objectives 10
  • Article   4.2 Definitions 10
  • Article   4.3 Scope 10
  • Article   4.4 Customs Duties (53) 10
  • Article   4.5 Electronic Contracts 10
  • Article   4.6 Electronic Authentication and Electronic Trust Services 10
  • Article   4.7 Paperless Trading (54) 10
  • Article   4.8 Online Consumer Protection 10
  • Article   4.9 Unsolicited Commercial Electronic Messages 10
  • Article   4.10 Source Code 10
  • Article   4.11 Cross-Border Data Flows 10
  • Article   4.12 Protection of Personal Data and Privacy 10
  • Article   4.13 Open Internet Access 10
  • Article   4.14 Open Government Data 10
  • Article   4.15 Cybersecurity 10
  • Article   4.16 Cooperation on Regulatory Issues with Regard to Digital Trade 11
  • Article   4.17 Emerging Technology Dialogue 11
  • Chapter   5 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS (57) 11
  • Article   5.1 Objectives 11
  • Article   5.2 Current Account 11
  • Article   5.3 Capital Movements 11
  • Article   5.4 Measures Affecting Capital Movements, Payments or Transfers 11
  • Article   5.5 Restrictions In Case of Balance of Payments and External Financial Difficulties 11
  • Chapter   6 GOVERNMENT PROCUREMENT 11
  • Article   6.1 Scope and Coverage 11
  • Article   6.2 Additional Disciplines 11
  • Article   6.3 Use of Electronic Means 11
  • Article   6.4 Electronic Publication of Procurement Notices 11
  • Article   6.5 Supporting Evidence 11
  • Article   6.6 Conditions for Participation 11
  • Article   6.7 Registration Systems and Qualification Procedures 11
  • Article   6.8 Selective Tendering 11
  • Article   6.9 Abnormally Low Prices 11
  • Article   6.10 Facilitating Participation of Small and Medium-Sized Enterprises (SMEs) 11
  • Article   6.11 Environmental, Social and Labour Considerations 11
  • Article   6.12 Modifications and Rectifications of Market Access Commitments 11
  • Article   6.13 Modifications 11
  • Article   6.14 Rectifications 11
  • Article   6.15 Further Negotiations 11
  • Chapter   7 CHAPTER 7 INTELLECTUAL PROPERTY (59) 11
  • Section   7.1 GENERAL PROVISIONS 11
  • Article   7.1 Objectives 11
  • Article   7.2 Scope 11
  • Article   7.3 Definitions 11
  • Article   7.4 International Agreements 11
  • Article   7.5 Exhaustion 12
  • Article   7.6 National Treatment 12
  • Section   7.2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 12
  • Subsection   7.2.1 COPYRIGHT AND RELATED RIGHTS 12
  • Article   7.7 Authors 12
  • Article   7.8 Performers 12
  • Article   7.9 Producers of Phonograms 12
  • Article   7.10 Broadcasting Organisations 12
  • Article   7.11 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes 12
  • Article   7.12 Term of Protection 12
  • Article   7.13 Resale Right 12
  • Article   7.14 Collective Management of Rights 12
  • Article   7.15 Exceptions and Limitations 12
  • Article   7.16 Protection of Technological Measures 12
  • Article   7.17 Obligations Concerning Rights Management Information 12
  • Subsection   7.2.2 TRADE MARKS 12
  • Article   7.18 Trade Mark Classification 12
  • Article   7.19 Signs of Which a Registered Trade Mark May Consist 12
  • Article   7.20 Rights Conferred by a Registered Trade Mark 12
  • Article   7.21 Registration Procedure 12
  • Article   7.22 Well-Known Trade Marks 12
  • Article   7.23 Exceptions to the Rights Conferred by a Trade Mark 12
  • Article   7.24 Grounds for Revocation 12
  • Article   7.25 The Right to Prohibit Preparatory Acts In Relation to the Use of Packaging or other Means 12
  • Article   7.26 Bad Faith Applications 12
  • Subsection   7.23 DESIGN 12
  • Article   7.27 Protection of Registered Designs 12
  • Article   7.28 Duration of Protection 12
  • Article   7.29 Exceptions and Exclusions 12
  • Article   7.30 Relationship to Copyright 12
  • Subsection   7.2.4 GEOGRAPHICAL INDICATIONS AND TRADITIONAL TERMS 12
  • Article   7.31 Effect of this Sub-Section 12
  • Article   7.32 Scope 12
  • Article   7.33 Systems for the Registration and Protection of Geographical Indications 13
  • Article   7.34 Recognition of Specific Geographical Indications 13
  • Article   7.35 Protection of Traditional Terms 13
  • Article   7.36 Right of Use 13
  • Article   7.37 Scope of Protection 13
  • Article   7.38 Enforcement of Protection 13
  • Article   7.39 Relationship with Trade Marks 13
  • Article   7.40 Amending the Annexes on Geographical Indications 13
  • Article   7.41 Processing of Specific Geographical Indications 13
  • Article   7.42 Individual Applications for Protection of Geographical Indications and Traditional Terms 13
  • Article   7.43 Indications of Source and Country Names 13
  • Subsection   7.2.5 PATENTS 13
  • Article   7.44 Patents and Public Health 13
  • Article   7.45 Extension of the Period of Protection Conferred by a Patent on Medicinal Products and on Plant Protection Products (66) 13
  • Subsection   7.26 PROTECTION OF UNDISCLOSED INFORMATION 13
  • Article   7.46 Protection of Trade Secrets 13
  • Article   7.47 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market (68) 13
  • Article   7.48 Protection of Data Submitted to Obtain Marketing Authorisation for Plant Protection Products or Biocidal Products  (69) 13
  • Section   7.3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 13
  • Subsection   7.3.1 GENERAL PROVISIONS 13
  • Article   7.49 General Obligations 13
  • Article   7.50 Persons Entitled to Apply for the Application of the Measures, Procedures and Remedies 13
  • Subsection   7.3.2 CIVIL AND ADMINISTRATIVE ENFORCEMENT 13
  • Article   7.51 Measures for Preserving Evidence 13
  • Article   7.52 Evidence 13
  • Article   7.53 Right of Information 13
  • Article   7.54 Provisional and Precautionary Measures 14
  • Article   7.55 Corrective Measures 14
  • Article   7.56 Injunctions 14
  • Article   7.57 Alternative Measures 14
  • Article   7.58 Damages 14
  • Article   7.59 Legal Costs 14
  • Article   7.60 Publication of Judicial Decisions 14
  • Article   7.61 Presumption of Authorship or Ownership 14
  • Subsection   7.3.3 CIVIL JUDICIAL PROCEDURES AND REMEDIES OF TRADE SECRETS 14
  • Article   7.62 Civil Judicial Procedures and Remedies of Trade Secrets 14
  • Subsection   7.3.4 BORDER ENFORCEMENT 14
  • Article   7.63 Border Measures 14
  • Article   7.64 Consistency with GATT 1994 and the TRIPS Agreement 14
  • Section   7.4 OTHER PROVISIONS 14
  • Article   7.65 Cooperation 14
  • Chapter   8 COMPETITION POLICY 14
  • Article   8.1 Definitions 14
  • Article   8.2 Competition Law 14
  • Article   8.3 Application of Competition Law to Public Enterprises 14
  • Article   8.4 Cooperation 14
  • Article   8.5 Dispute Settlement 14
  • Chapter   9 SUBSIDIES (71) 14
  • Article   9.1 Principles 14
  • Article   9.2 Relationship with the WTO Agreement 14
  • Article   9.3 Definition and Scope 14
  • Article   9.4 Transparency 14
  • Article   9.5 Consultations 14
  • Article   9.6 Use of Subsidies 14
  • Article   9.7 Confidentiality 14
  • Article   9.8 Dispute Settlement 14
  • Chapter   10 SMALL AND MEDIUM-SIZED ENTERPRISES 14
  • Article   10.1 General Principles 14
  • Article   10.2 Information Sharing 14
  • Article   10.3 SME Contact Points 14
  • Article   10.4 Dispute Settlement 15
  • Chapter   11 GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION 15
  • Section   11.1 GENERAL PROVISIONS 15
  • Article   11.1 Objectives and General Principles 15
  • Article   11.2 Definitions 15
  • Article   11.3 Scope 15
  • Section   11.2 GOOD REGULATORY PRACTICES 15
  • Article   11.4 Internal Coordination 15
  • Article   11.5 Regulatory Processes and Mechanisms 15
  • Article   11.6 Public Consultations 15
  • Article   11.7 Proportionate Analyses 15
  • Article   11.8 Retrospective Evaluation 15
  • Article   11.9 Exchange of Information on Good Regulatory Practices 15
  • Section   11.3 REGULATORY COOPERATION 15
  • Article   11.10 Regulatory Cooperation Activities 15
  • Section   11.4 INSTITUTIONAL PROVISIONS 15
  • Article   11.11 Contact Points 15
  • Article   11.12 Exchange of Information on Planned or Existing Regulatory Measures 15
  • Article   11.13 Dispute Settlement 15
  • Chapter   12 RECOGNITION OF PROFESSIONAL QUALIFICATIONS 15
  • Article   12.1 Definitions 15
  • Article   12.2 Objectives and Scope 15
  • Article   12.3 Domestic Regulation 15
  • Article   12.4 Recognition of Professional Qualifications 15
  • Article   12.5 Conditions for Recognition 15
  • Article   12.6 Compensatory Measures 15
  • Article   12.7 Procedure for Applications 15
  • Article   12.8 Licensing and other Provisions 15
  • Article   12.9 Knowledge of Languages 16
  • Article   12.10 Appeals 16
  • Article   12.11 Fees 16
  • Article   12.12 Implementation of this Chapter by the Sub-Committee on Services and Investment 16
  • Article   12.13 Establishment of Mutual Recognition Arrangements 16
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 16
  • Section   13.1 GENERAL PROVISIONS 16
  • Article   13.1 Context and Objectives 16
  • Article   13.2 Definitions 16
  • Article   13.3 Right to Regulate and Levels of Protection 16
  • Article   13.4 Upholding Levels of Protection 16
  • Article   13.5 Transparency 16
  • Article   13.6 Public Information and Awareness 16
  • Article   13.7 Scientific and Technical Information 16
  • Article   13.8 Cooperation 16
  • Article   13.9 Means of Cooperation 16
  • Article   13.10 Promotion of Trade and Investment Favouring Sustainable Development 16
  • Article   13.11 Responsible Business Conduct 16
  • Article   13.12 Anti-Corruption 16
  • Section   13.2 TRADE AND LABOUR 16
  • Article   13.13 International Labour Standards and Agreements 16
  • Article   13.14 Non-Discrimination and Equality In the Workplace 16
  • Article   13.15 Access to Remedies and Procedural Guarantees 16
  • Section   13.3 WOMEN’S ECONOMIC EMPOWERMENT AND TRADE 16
  • Article   13.16 Objectives 16
  • Article   13.17 International Commitments 16
  • Article   13.18 Cooperative Activities 16
  • Article   13.19 Dispute Settlement 17
  • Section   13.4 TRADE AND ENVIRONMENT 17
  • Article   13.20 Multilateral Environmental Agreements and Principles 17
  • Article   13.21 Access to Remedies and Procedural Guarantees 17
  • Article   13.22 Trade and Climate Change 17
  • Article   13.23 Air Quality 17
  • Article   13.24 Ozone-Depleting Substances and Their Alternatives 17
  • Article   13.25 Trade and Biological Diversity (85) 17
  • Article   13.26 Conservation of Marine Ecosystems and Species 17
  • Article   13.27 Sustainable Forest Management and Associated Trade (86) 17
  • Article   13.28 Trade and Sustainable Management of Fisheries and Aquaculture 17
  • Article   13.29 Trade In Waste and Chemicals and Prevention of Pollution 17
  • Article   13.30 Trade and Sustainable Agriculture and Food Systems 17
  • Section   13.5 INSTITUTIONAL MECHANISMS 17
  • Article   13.31 Sub-Committee on Trade and Sustainable Development 17
  • Article   13.32 Implementation and Dispute Resolution 17
  • Article   13.33 Consultations 17
  • Article   13.34 Panel of Experts 18
  • Chapter   14 EXCEPTIONS 18
  • Article   14.1 General Exceptions 18
  • Article   14.2 Security Exceptions 18
  • Article   14.3 Taxation 18
  • Chapter   15 INSTITUTIONAL PROVISIONS 18
  • Article   15.1 Joint Committee 18
  • Chapter   16 DISPUTE SETTLEMENT 18
  • Article   16.1 Objective 18
  • Article   16.2 Scope 18
  • Article   16.3 Request for Information 18
  • Article   16.4 Consultations 18
  • Article   16.5 Good Offices, Conciliation and Mediation 18
  • Article   16.6 Establishment of a Panel 18
  • Article   16.7 Composition of a Panel 18
  • Article   16.8 Qualifications of Arbitrators 18
  • Article   16.9 Terms of Reference 18
  • Article   16.10 Urgent Cases 18
  • Article   16.11 Panel Proceedings 18
  • Article   16.12 Rules of Interpretation 19
  • Article   16.13 Receipt of Information 19
  • Article   16.14 Panel Reports 19
  • Article   16.15 Compliance with the Final Report 19
  • Article   16.16 Compliance Review 19
  • Article   16.17 Temporary Remedies In Case of Non-Compliance 19
  • Article   16.18 Compliance Review after the Adoption of Temporary Remedies 19
  • Article   16.19 Suspension and Termination of Proceedings 19
  • Article   16.20 Administration of the Dispute Settlement Procedure 19
  • Article   16.21 Mutually Agreed Solution 19
  • Article   16.22 Choice of Forum 19
  • Article   16.23 Time Period 19
  • Article   16.24 Expenses 19
  • Article   16.25 Rules of Procedure and Code of Conduct 19
  • Chapter   17 FINAL PROVISIONS 19
  • Article   17.1 Annexes and Appendices 19
  • Article   17.2 Amendments 19
  • Article   17.3 Withdrawal and Expiration 19
  • Article   17.4 Review 19
  • Article   17.5 Entry Into Force 19
  • Article   17.6 Depositary 19
  • ANNEX XVI  EXISTING MEASURES 19
  • Headnotes 19
  • Schedule of the United Kingdom 19
  • Schedule of Iceland 21
  • Schedule of Liechtenstein 21
  • Schedule of Norway 22
  • ANNEX XVII  FUTURE MEASURES 23
  • Headnotes 23
  • Schedule of the United Kingdom 24
  • Schedule of Iceland 26
  • Schedule of Liechtenstein 28
  • Schedule of Norway 29
  • ANNEX XXV  ADDITIONAL PROVISIONS CONCERNING THE SCOPE OF “REGULATORY MEASURES” REFERRED TO IN ARTICLE 11.2 (DEFINITIONS) OF SECTION 11.1 (GENERAL PROVISIONS) OF CHAPTER 11 (GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION) 31