Iceland - Liechtenstein - Norway - United Kingdom FTA (2021)
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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 3.9 (Senior Management and Boards of Directors) 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)

Description: Iceland reserves the right to adopt, maintain or modify any measure with respect to the provision of new services other than those classified in CPC.

Schedule of Liechtenstein

List of reservations:

Reservation No.1 - All sectors

Reservation No. 2 - Business services (professional services)

Reservation No. 3 - Business services (professional services)

Reservation No. 4 - Business services (research and development services)

Reservation No. 5 - Business services (other business services)

Reservation No. 6 - Distribution services

Reservation No. 7 - Postal services

Reservation No. 8 - Educational services

Reservation No. 9 - Financial services

Reservation No. 10 - Recreational, cultural and sporting services

Reservation No. 11 - Transport services and auxiliary transport services

Reservation No. 12 - Water

Reservation No. 13 - Energy related activities

Reservation No. 14 - Other services

Reservation No. 15 - New services

1. Sector: All sectors

Sub-Sector: Not applicable

Industry Classification:

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 3.10 (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 3.76 (Obligations)

Description: Investment Liberalisation, Cross-Border Trade in Services and Regulatory Framework for Legal Services

a) Public utilities

With respect to Investment Liberalisation – Market Access, Performance Requirements and Cross-Border Trade in Services – Market Access

Liechtenstein reserves the right to adopt, maintain or modify any measure relating to public utilities, public services or public functions to the extent that they are established or maintained for public purposes, whether owned, operated or contracted out by local or central government, such as social security or insurance, social welfare, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service  obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical.

b) Most-Favoured-Nation Treatment

Liechtenstein reserves the right to adopt, maintain or modify any measure which accords differential treatment pursuant to the EEA Agreement, the EFTA Convention, bilateral agreements between the Principality of Liechtenstein and the Swiss Confederation or to any future bilateral or multilateral agreement which:

(i) creates an internal market in services and investment;

(ii) grants the right of establishment; or

(iii) requires the approximation of legislation in one or more economic sectors.

An internal market in services and investment means an area without internal frontiers in which the free movement of services, capital and persons is ensured.

The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the bilateral or multilateral agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.

The approximation of legislation means:

(i) the alignment of the legislation of one or more of the parties to the bilateral or multilateral agreement with the legislation of the other party or parties to that agreement; or

(ii) the incorporation of common legislation into the law of the parties to the bilateral or multilateral agreement.

Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the bilateral or multilateral agreement.

c) Commercial presence

The establishment of a commercial presence by a legal person (including branches) is subject to the requirement that no objection for reasons of national economy (balanced proportion of national and foreign capital; balanced ratio of foreigners in comparison with the number of resident population; balanced ratio of total number of jobs in the economy in comparison with the number of the resident population; balanced geographic situation; balanced development of the national economy, between and within the sectors) exists.

With respect to the establishment of a commercial presence by a natural person, Liechtenstein reserves the right to require a continuous prior residence of that person in Liechtenstein for a certain period of time.

With respect to the establishment of a commercial presence by a legal person (including branches), Liechtenstein reserves the right to require that at least one of the managers of the commercial presence has had a continuous prior residence in Liechtenstein for a certain period of time.

General and limited partnerships must fulfil the same conditions as corporations with limited liability (legal persons).

d) Acquisition of real estate

Liechtenstein reserves the right to require a prior authorisation for any acquisition of real estate. Such authorisation is granted only in the case of an actual and proven need for living or business purposes as well as a continuous prior residence in Liechtenstein for a certain period of time.

e) Arms, munitions, war material and embargoed goods

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to the production or distribution of, or trade in, arms, munitions, war material and embargoed goods, including dual-use goods and special goods for military use.

2.  Sector: Business services – professional services

Sub-Sector: Legal services

Industry Classification: CPC 861 Legal services

Type of reservation: Article 3.6 (Market Access) Article 3.7 (National 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) Article 3.76 (Obligations)

Description: Investment Liberalisation, Cross-Border Trade in Services and Regulatory Framework for Legal Services

a) Legal services relating to domestic (EEA and Liechtenstein) law and legal representational services relating to foreign and international law

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to legal services relating to domestic (EEA and Liechtenstein) law and legal representational services relating to foreign and international law.

b) Services of notaries and bailiffs

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to the supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, and with respect to services provided by bailiffs who are appointed by an official act of government.

3.  Sector: Business services - professional services

Sub-Sector: Health and social services as well as related distribution services

Industry Classification: CPC 93 Health and social services CPC 621 Commission agents’ services CPC 622 Wholesale trade services CPC 632 Non-food retailing services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to human health and veterinary services, social services and intermediation services relating to social services, as well as distribution services with respect to pharmaceuticals, medicinal products and medical devices, transplant products, narcotics and psychotropic substances.

4. Sector: Business services - research and development services

Sub-Sector: Research and development services

Industry Classification: CPC 85 Research and development services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to adopt, maintain or modify any measure relating to research and development services with regard to projects financed in whole or in part by public funds.

5. Sector: Business services – other business services

Sub-Sector: Advertising services

Services incidental to agriculture, hunting, forestry and fishing

Placement and supply services Investigation and security services

Industry Classification: CPC 871 Advertising services

CPC 881 Services incidental to agriculture, hunting and forestry

CPC 882 Services incidental to fishing

CPC 872 Placement and supply services of personnel

CPC 873 Investigation and security services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

a) Advertising services

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to outdoor advertising services, advertising services for goods subject to import authorisation as well as advertising services for pharmaceutical products, alcoholic beverages, tobacco products and toxics.

b) Services incidental to agriculture, hunting, forestry and fishing

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to services incidental to agriculture, hunting, forestry and fishing, except advisory and consulting services (part of CPC 881 and CPC 882).

c) Placement and supply services

Liechtenstein reserves the right to adopt, maintain or modify any measure relating to the provision of placement and supply services of personnel that are neither Liechtenstein nationals nor residents possessing a work permit.

d) Investigation and security services

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to investigation and security services, except security consultation services (CPC 87302).

6. Sector: Distribution services

Sub-Sector: Commission agents’ services Wholesale trade services Retailing services

Industry Classification: CPC 621 Commission agents’ services CPC 622 Wholesale trade services CPC 632 Non-food retailing services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to maintain, modify or adopt any measure with respect to:

a) trade in livestock;

b) trade in precious metals and stones as well as goods derived therefrom;

c) distribution services related to goods subject to import authorisation as well as alcoholic beverages, tobacco and toxics; and

d) retailing through mobile sales unit (part of CPC 631 + part of CPC 632 + part of CPC 6111 + part of CPC 6113 + part of CPC 6121.

7.  Sector: Postal services

Sub-Sector: Not applicable

Industry Classification: CPC 751 Postal services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to adopt, maintain or modify any measure relating to postal services as well as the production and distribution of Liechtenstein postage stamps.

8. Sector: Educational services

Sub-Sector Not applicable

Industry Classification: CPC 92 Educational services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to:

a) all educational services which receive public funding or State support in any form as well as with respect to private education services for compulsory education;

b) other education services, which means other than those classified as being primary, secondary, higher and adult education services, except language tuition.

Foreigners may establish commercial presence only if organised as juridical persons according to Liechtenstein law.

9.  Sector: Financial services

Sub-Sector Not applicable

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 3.14 (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)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to maintain, adopt or modify any measure with respect to the following:

a) All financial services:

According differential treatment to an investor or a financial service supplier of a third country pursuant to any bilateral or multilateral international investment treaty or other trade agreement.

The right to require a financial service supplier, other than a branch, when establishing in Liechtenstein to adopt a specific legal form, on a non-discriminatory basis.

The cross-border supply of all financial services from within a Party into another Party, except for:

(i) direct insurance services (including co- insurance) and direct insurance intermediation for the insurance of risks relating to:

a) maritime transport and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, or any liability deriving therefrom; and

b) goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

(iv) the provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; and

(v) advisory and other auxiliary financial services relating to banking and other financial services as described in subparagraph (xvi) of the definition of banking and other financial services (excluding insurance) in Article 3.45 (Definitions) of Sub- Section 3.5.3 (Financial Services), but not intermediation as described in that sub-paragraph (xvi) of that definition.

b) Banking and other financial services:

Only legal persons having their registered office in a Contracting Party to the EEA Agreement can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Contracting Party, is required to perform the activities of management of common funds, including unit trusts, and where allowed under national law, investment companies.

10.  Sector: Recreational, cultural and sporting services

Sub-Sector:

Industry Classification: CPC 963 Library, archive, museum and other cultural services

CPC 96332 Nature reserve services, including wildlife preservation services

CPC 96492 Gambling and betting services CPC 96412 Sports event organization services

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 3.10 (Performance Requirements) Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment) Article 3.17 (Most-Favoured-Nation Treatment)

Description: Investment Liberalisation and Cross-Border Trade in Services

Liechtenstein reserves the right to adopt, maintain or modify any measure with respect to:

  • 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