Iceland - Liechtenstein - Norway - United Kingdom FTA (2021)
Previous page Next page

Description: a) Legal services

With respect to Investment Liberalisation – Market Access, National Treatment, Most-Favoured-Nation Treatment, Cross-Border Trade in Services – National Treatment and Legal Services – Obligations

EEA or Swiss nationality as well as residency (commercial presence) are required for the practice of legal services in respect of host-jurisdiction (EEA and Liechtenstein) law, including representation before the courts. Only persons of Contracting Party to the EEA Agreement are allowed to provide legal services through commercial presence. The practice of legal services in respect of home-jurisdiction law and public international law is only allowed on a cross-border basis. Before taking up such activity in Liechtenstein, the lawyer has to present proof of his/her qualification as a lawyer of the United Kingdom to the Liechtenstein Bar Association.

Commercial presence must take the form of a sole proprietorship, general or limited partnership, limited liability company or joint-stock company of actively participating lawyers with a Liechtenstein licence. The attorney is personally responsible for his/her activities. In the case of joint-stock

companies, only personal shares may be issued.

b) Patent agents, industrial property agents, intellectual property attorneys (part of CPC 879, 861, 8613)

With respect to Investment Liberalisation – Market Access, National Treatment, Most-Favoured-Nation Treatment, Senior Management and Boards of Directors, Cross-Border Trade in Services – Market Access, Local Presence, National Treatment, Most- Favoured-Nation Treatment and Legal Services – Obligations

EEA or Swiss nationality as well as residency (commercial presence) are required for the practice of patent attorney in accordance with the Patent Attorney Act.

Authorisation to provide services falling within the scope of the Patent Attorney Act may be granted to legal persons established in Liechtenstein if the majority of the capital and the voting rights are held by Liechtenstein nationals or nationals of another Contracting Party to the EEA Agreement and the managing director holds a licence issued by the Liechtenstein Financial Market Authority (FMA) in accordance with the Patent Attorney Act.

Authorisation to provide such services in Liechtenstein temporarily on a cross-border basis is only granted to legal persons established in a Contracting Party to the EEA Agreement.

c) Accounting and auditing services (CPC 8621)

With respect to Investment Liberalisation – Market Access, National Treatment, Most-Favoured-Nation Treatment and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment, Most-Favoured-Nation Treatment

EEA or Swiss nationality as well as residency (commercial presence) are required for professional activities falling within the scope of the Auditors and Auditing Companies Act and the Professional Trustees Act respectively.

The majority of the capital and the voting rights of a company established in Liechtenstein in accordance with the Auditors and Auditing Companies Act must

be held by and the majority of the members of the board must be auditors or auditing companies licensed in Liechtenstein. The managing director must be an auditor with a licence issued by the FMA in accordance with the Auditors and Auditing Companies Act.

Authorisation for temporarily providing services falling under the Auditors and Auditing Companies Act on a cross-border basis may only be granted to auditing companies established in a Contracting Party to the EEA Agreement or in Switzerland with the responsible auditor required to fulfil the same conditions as auditors established in Liechtenstein.

Trust companies established in accordance with the Professional Trustees Act must be organised as joint-stock company (Aktiengesellschaft), limited liability company (GmbH), general or limited partnership (Kollektiv- or Kommanditgesellschaft), establishment (Anstalt) or as trust with legal personality (trust reg.). At least one member of the management of a trust company authorised to manage and represent the company must be a trustee with a licence granted in accordance with the Professional Trustees Act and working full-time for the company. Trust companies must appoint an auditor or auditing company with a licence under the Auditors and Auditing Companies Act.

Statutory financial and regulatory audits of annual accounts, including consolidated annual accounts, and other auditing tasks requiring a responsible auditor, can only be provided by auditing companies and auditors registered and licensed in Liechtenstein.

For both kinds of audits a licence under the Auditors and Auditing Companies Act as well as recognition by the FMA under the respective special purpose act are required. Recognition may only be granted to auditors and auditing companies providing proof of regular audit and reporting activities in a Contracting Party to the EEA Agreement comparable to the audit and reporting activities under the respective Liechtenstein act.

d) Taxation services (CPC 863, not including legal advisory and legal representational services on tax matters, which are to be found legal services)

With respect to Investment liberalisation – Market Access, National Treatment, Most-Favoured-Nation Treatment and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment, Most-Favoured-Nation Treatment

EEA or Swiss nationality as well as residency (commercial presence) are required for professional activities falling within the scope of the Auditors and Auditing Companies Act and the Professional Trustees Act respectively.

The majority of the capital and the voting rights of a company established in Liechtenstein in accordance with the Auditors and Auditing Companies Act must be held by and the majority of the members of the board must be auditors or auditing companies licensed in Liechtenstein. The managing director must be an auditor with a licence issued by the FMA in accordance with the Auditors and Auditing Companies Act.

Authorisation for temporarily providing services within the scope of the Auditors and Auditing Companies Act in Liechtenstein on a cross-border basis may only be granted to auditing companies established in an EEA state or in Switzerland with the responsible auditor falling under the same conditions as established auditors.

Trust companies must be organized as joint-stock company (Aktiengesellschaft), limited liability company (GmbH), general or limited partnership (Kollektiv- or Kommanditgesellschaft), establishment (Anstalt) or as trust with legal personality (trust reg.). At least one member of the management of a trust company authorised to manage and represent the company must be a trustee with a licence granted in accordance with the Professional Trustees Act and working full-time for the company. Trust companies must appoint an auditor or auditing company with a licence under the Auditors and Auditing Companies Act.

e) Management consulting services (CPC 86501, 86502, 86509)

With respect to Investment Liberalisation – Market Access, National Treatment, Most-Favoured-Nation Treatment and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment, Most-Favoured-Nation Treatment

EEA or Swiss nationality as well as residency (commercial presence) are required for professional activities falling within the scope of the Auditors and Auditing Companies Act and the Professional Trustees Act respectively.

The majority of the capital and the voting rights of a company established in Liechtenstein in accordance with the Auditors and Auditing Companies Act must be held by and the majority of the members of the board must be auditors or auditing companies licensed in Liechtenstein. The managing director must be an auditor with a licence issued by the FMA in accordance with the Auditors and Auditing Companies Act.

Authorisation for temporarily providing services within the scope of the Auditors and Auditing Companies Act in Liechtenstein on a cross-border basis may only be granted to auditing companies established in a Contracting Party to the EEA Agreement or in Switzerland with the responsible auditor falling under the same conditions as established auditors.

Trust companies must be organised as joint-stock company (Aktiengesellschaft), limited liability company (GmbH), general or limited partnership (Kollektiv- or Kommanditgesellschaft), establishment (Anstalt) or as trust with legal personality (trust reg.). At least one member of the management of a trust company authorised to manage and represent the company must be a trustee with a licence granted in accordance with the Professional Trustees Act and working full-time for the company. Trust companies must appoint an auditor or auditing company with a licence under the Auditors and Auditing Companies Act.

f) Architectural, engineering and other technical services (CPC 867)

With respect to Investment Liberalisation – Market Access, National Treatment, Senior Management and Boards of Directors and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment

Nationality as well as residency requirements apply for the independent practice of professional activities regulated by the Building and Construction Professions’ Act and the Building Act respectively.

Legal persons have to appoint a managing director who fulfils the nationality and residency requirements. If several natural persons are active as managing directors, then each must meet those requirements.

3. Sector: Other Business Services

Sub-Sector: Assuming board mandates in accordance with article 180a of the Liechtenstein Persons and Companies Act; placement and supply services of personnel, agency services; management of copyrights

Industry Classification: CPC 86502, 872, 87909

Type of reservation: Article 3.6 (Market Access) Article 3.7 (National Treatment)

Article 3.8 (Most-Favoured-Nation Treatment)

Article 3.9 (Senior Management and Boards of Directors)

Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment)

Measures: Professional Trustees Act, LGBl. 1993/42, LR 173.520

Persons and Companies Act, LGBl. 1926/4, LR 216

Act concerning the supervision of persons pursuant to Art. 180a of Persons and Companies Act, LGBl. 2013/426, LR 173.550

Employment Agency Act, LGBl. 2000/103, LR 823.10

Copyright Act, LGBl. 1999/160, LR 231.1

Description: a) Assuming board mandates in accordance with Article 180a of the Liechtenstein Persons and Companies Act

With respect to Investment Liberalisation - National Treatment, Most-Favoured-Nation Treatment, Senior Management and Boards of Directors and Cross-Border Trade in Services – National Treatment

Nationality as well as residency requirements (commercial presence or full-time employment

relationship) apply in order to perform the above- mentioned activity on a professional basis. The service supplier must be in possession of a licence to act as a trustee under the Professional Trustees Act or of a licence to carry out activities under Article 180a of the Persons and Company Act (PGR). Such licence may be granted if the applicant is in a full-time employment relationship with an employer in Liechtenstein authorised to act as a trustee.

The existence of the necessary professional qualification must be demonstrated by evidence of training in accordance with the Professional Trustees Act and confirmation of at least one year of full-time employment in a field of activity in accordance with paragraph 1 of Article 180a of the PGR with an employer in Liechtenstein authorised to act as a trustee in accordance with the Professional Trustees Act.

b) Placement and supply services of personnel, agency services (CPC 872)

With respect to Investment Liberalisation - National Treatment, Most-Favoured-Nation Treatment and Cross-Border Trade in Services – Local Presence, National Treatment

Nationality as well as residency requirements apply for the establishment of an employment agency.

The employment agency licensed under the Employment Agency Act may only hire out natural persons entitled to gainful employment in Liechtenstein in accordance with the applicable provisions of the Foreign Nationals Act.

c) Management of copyrights (part of CPC 87909)

With respect to Investment Liberalisation - Market Access, National Treatment, Most-Favoured-Nation Treatment and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment,

Companies acting in the management of copyrights (to be understood as defined in CPC 89230) and neighbouring rights where collective exploitation is required by law must be approved by the Liechtenstein Government. The Government may grant a licence to a foreign collecting society or establish or licence a Liechtenstein collecting society.

If foreign collecting societies are granted a licence, they must indicate at least one summonable address in Liechtenstein and declare in the application for a corresponding licence that they are fully subject to Liechtenstein law and jurisdiction with regard to their activities in Liechtenstein.

Collecting societies from States without an enforcement agreement with Liechtenstein must deposit a minimum deposit of 100,000 Swiss francs with the National Treasury as security for claims against them arising from their business activities.

As a general rule, only one society per category of works is granted a licence.

4. Sector: Financial Services

Sub-Sector: Financial services - insurance and banking

Industry Classification: Not applicable

Type of reservation: Article 3.6 (Market Access) Article 3.7 (National Treatment)

Article 3.8 (Most-Favoured-Nation Treatment) Article 3.10 (Performance Requirements) Article 3.14 (Market Access)

Article 3.15 (Local Presence) Article 3.16 (National Treatment)

Article 3.17 (Most-favoured-nation Treatment)

Article 3.49 (Senior Management and Boards of Directors)

Measures: Insurance Supervision Act, LGBl. 2015/231, LR 961.01

Pension Funds Act, LGBl. 2018/464, LR 831.42

Occupational Pensions Act, LGBl. 1988/12, LR 831.40

Health Insurance Act, LGBl. 1971/50, LR 832.10

Compulsory Accident Insurance Act, LGBl.1990/46, LR 832.20

Banking Act, LGBl. 1992/108, LR 952.0

Undertakings for Collective Investment in Transferable Securities Act, LGBl. 2011/295, LR 951.31

Alternative Investment Fund Managers Act, LGBl. 2013/49, LR 951.32

Description: a) Insurance and insurance-related services

With respect to Investment Liberalisation - Market Access, National Treatment, Most-Favoured-Nation Treatment, Performance Requirements and Cross-

Border Trade in Services – Market Access, Local Presence, National Treatment and Financial Services – Senior Management and Boards of directors

The supply of direct insurance services is reserved for undertakings holding an operating licence issued by the Liechtenstein Financial Market Authority (FMA) and established in Liechtenstein.

Nationality and residency requirements apply to at least one member of the executive board as well as one member of the board of directors.

The establishment of a branch requires a licence and the appointment, subject to the approval of the FMA, of a general representative resident in Liechtenstein and duly authorised to fully represent the company before administrative authorities and in court.

The foreign insurance undertaking must hold assets in Liechtenstein amounting to at least half of the threshold of the minimum capital requirements laid down in the Act and must deposit one quarter of those assets as a security.

Insurance undertakings incorporated in Liechtenstein must adopt a specific legal form, on a non-discriminatory basis. Both the statutory seat and the head office of the undertaking must be located in Liechtenstein.

With regard to amounts recoverable under reinsurance contracts from undertakings with their head office in a non-EEA State it is necessary for the assets representing such claims to be located in a Contracting Party to the EEA Agreement unless the solvency regime of that country is deemed to be equivalent.

Undertakings domiciled in a non-EEA State which conduct only reinsurance in Liechtenstein and do not have a subsidiary in Liechtenstein do not fall under the supervision of the FMA, provided that they are subject to supervision in their home country which is equivalent to that in Liechtenstein.

Promotional activities and intermediation services on behalf of a subsidiary not established in a Contracting Party to the EEA Agreement or of a branch not established in Liechtenstein are prohibited.

The supply of insurance broker services is reserved for insurance brokers authorised by the FMA. Insurance brokers must be resident in Liechtenstein.

Participation in the compulsory occupational retirement, accident or health insurance schemes requires suppliers to have their statutory seat, their head office as well as their accounting in Liechtenstein and to adopt a specific legal form, on a non-discriminatory basis.

b) Banking and other financial services

With respect to Investment Liberalisation - Market Access, National Treatment, Most-Favoured-Nation Treatment, and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment and Financial Services – Senior Management and Boards of Directors

Banks and investment firms need an operating licence issued by the FMA in order to take up business activities in Liechtenstein. Banks and investment firms incorporated in Liechtenstein must adopt a specific legal form, on a non-discriminatory basis. Both the registered office and the head office of the undertaking must be located in Liechtenstein.

If the bank or investment firm forms part of a foreign group active in the financial sector, the licence shall only be granted if:

a) the group is subject to consolidated supervision equivalent to that in Liechtenstein;

b) the supervisory authority of the home country does not object to the establishment of a subsidiary; and

c) the proper supervision of the subsidiary is not hampered by the laws, regulations or administrative provisions of the home country, or by difficulties in their enforcement, imposed on natural or legal persons with whom the subsidiary has close links.

Specific requirements apply to the use of the company’s name and its duties towards the Swiss national bank.

Representative offices of a foreign bank can neither conclude or deal business nor act as an agent.

The FMA may, in consultation with the other competent authorities of Contracting Parties to the EEA Agreement, require the establishment of a financial holding company or a mixed financial holding company with its head office in a Contracting Party to the EEA Agreement if no equivalent supervision exists in the home country.

Credit institutions have exclusive rights to accept deposits and other repayable funds from the public.

Public issue of securities shall be conducted by securities undertakings or other parties authorised to provide such services.

The establishment of a branch of management companies for collective investment funds having their registered office in a non-EEA State is subject to authorisation. Such authorisation may be granted if:

a) the management company is subject to supervision which is equivalent to that of the FMA;

b) the supervisory authority of the home country raises no objections to the establishment of the branch and declares that it will inform the FMA without delay of any circumstances that might jeopardize the protection of investors and the stability of the financial system;

c) the natural persons responsible for the branch meet the requirements of Article 180a of the Persons and Companies Act and have a licence as a professional trustee or as a person licensed under the Act on the supervision of persons pursuant to Article 180a of the Persons and Companies Act; and

d) the branch has an appropriate organizational and financial structure in Liechtenstein and meets the respective conditions applicable to branches of management companies incorporated in other Contracting Parties to the EEA Agreement.

Schedule of Norway

List of Reservations:

Reservation No. 1 – All Sectors

Reservation No. 2 – Auditing Services

Reservation No. 3 – Accounting and Book-Keeping Services

Reservation No. 4 – Technical Testing and Analysis Services

Reservation No. 5 – Debt Collection Agency

Reservation No. 6 – Real Estate Services

Reservation No. 7 – Labour Recruitment and Supply Services, excluding Executive Search Services

Reservation No. 8 – Rental/Leasing Services relating to ships and aircrafts without Operators

Reservation No. 9 – Mining, excluding petroleum

Reservation No. 10 – Trade and Sales of Electricity

Reservation No. 11 – Ground Handling Services

Reservation No. 12 – Car-hiring and Leasing

Reservation No. 13 – Maritime Transport

Reservation No. 14 – Custom Clearance

1. Sector: All Sectors

Sub-Sector: Not applicable

Industry Classification: Not applicable

Type of reservation: Article 3.7 (National Treatment)

Article 3.9 (Senior Management and Boards of Directors)

Article 3.49 (Senior Management and Boards of Directors)

Measures: Act of 13 June 1997 No. 45 on Public Limited Liability Companies

Act of 13 June 1997 No. 44 on Private Limited Liability Companies

Act of 15 June 2001 No. 59 on Foundations

Act of 29 June 2007 No. 81 on Cooperative Societies

Description: Investments:

The general manager in a limited liability company or a cooperative, at least half of the members of the board of directors and of the corporate assembly in a limited liability company, and at least half of the members of the board of directors in a cooperative or a foundation must be residents of Norway, unless the Ministry of Trade, Industry and Fisheries grants an exemption in each individual case. These requirements do not apply to British citizens who reside permanently in the United Kingdom or in a Contracting Party to the EEA Agreement or citizens of a Contracting Party to the EEA Agreement who reside permanently in the United Kingdom.

2. Sector: Auditing Services

Sub-Sector: Not applicable

Industry Classification: Not applicable

Type of reservation: Article 3.6 (Market Access) Article 3.7 (National Treatment)

Article 3.9 (Senior Management and Boards of Directors)

Measures: Act 20 November 2020 No. 128 on auditing and auditors (Auditors Act)

Description: Investments:

Auditing companies may not be incorporated as foundations. Sole proprietorships or partnerships are limited to licensed auditors. The majority of voting rights in an auditing company must be held by licensed auditors or auditing companies.

Statutory audits of annual accounts, including consolidated annual accounts, and other auditing tasks requiring a responsible auditor, can only be provided by auditing companies and auditors registered and licensed in Norway.

  • 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