Iceland - Liechtenstein - Norway - United Kingdom FTA (2021)
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(a) reviewing and monitoring the implementation and operation of this Chapter and each Party’s Schedules in Annexes XVI to XIX;

(b) exchanging information and discussing regulatory or other issues relating to the supply of maritime transport services, including with respect to relevant laws and regulations, existing or proposed, and their implementation;

(c) exchanging information and discussing regulatory or other issues relating to the supply of delivery services, including with respect to relevant laws and regulations, existing or proposed, and their implementation;

(d) carrying out the functions provided for in Article 3.69 (International Mobile Roaming Services);

(e) holding consultations referred to in paragraph 2 of Article 5.3 (Capital Movements) and paragraph 6 of Article 5.5 (Restrictions in Case of Balance of Payments and External Financial Difficulties) of Chapter 5 (Capital Movements, Payments and Transfers);

(f) exchanging information on any other matters related to this Chapter;

(g) examining possible improvements to this Chapter;

(h) discussing any issue related to this Chapter or Chapter 5 (Capital Movements, Payments and Transfers) as may be agreed upon between the representatives of the Parties; and

(i) carrying out other functions as may be delegated by the Joint Committee pursuant to subparagraph 2 (e) of Article 15.1 (Joint Committee) of Chapter 15 (Institutional Provisions).

3. The Sub-Committee on Services and Investment shall be composed of representatives of the Parties including officials of relevant ministries or agencies in charge of the issues to be addressed. The Sub-Committee on Services and Investment may invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be addressed.

Article 3.4. Denial of Benefits

A Party may deny the benefits of this Chapter and Chapter 5 (Capital Movements, Payments and Transfers) to an investor or service supplier of another Party that is a legal person of that Party, or to a covered enterprise of that legal person, if:

(a) a non-Party or a person of a non-Party owns or controls the legal person; and

(b) the denying Party adopts or maintains a measure with respect to the non-Party or the person of the non-Party which is related to the maintenance of international peace and security, including the protection of human rights, and prohibits transactions with that legal person or covered enterprise, or which would be violated or circumvented if the benefits of this Chapter or Chapter 5 (Capital Movements, Payments and Transfers) were accorded to that legal person or its covered enterprise

Section 3.2. INVESTMENT LIBERALISATION

Article 3.5. Scope

This Section shall apply to measures of a Party affecting the establishment of an enterprise to perform economic activities and the operation of such an enterprise by:

(a) investors of another Party;

(b) covered enterprises; and

(c) with respect to Article 3.10 (Performance Requirements), all enterprises in the Party which adopts or maintains the measure.

Article 3.6. Market Access

A Party shall not adopt or maintain with respect to establishment of an enterprise by an investor of another Party or by a covered enterprise, or operation of a covered enterprise, a measure, whether it applies to the Party as a whole or to any division thereof, that:

(a) imposes limitations on: (17)

(i) the number of enterprises that may carry out a specific economic activity whether in the form of numerical quotas, monopolies, exclusive suppliers or the requirement of an economic needs test;

(ii) the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;

(iv) the participation of foreign capital in terms of maximum percentage limit on foreign  shareholding or the total value of individual or aggregate foreign investment; or

(v) the total number of natural persons that may be employed in a particular sector or that an  enterprise may employ and who are necessary for, and directly related to, the performance of an economic activity, in the form of numerical quotas or the requirement of an economic needs test; or

(b) restricts or requires a specific type of legal entity or joint venture through which an investor of another Party may perform an economic activity.

(17) Subparagraphs (a) (i), (ii) and (iii) do not cover measures taken in order to limit the production of an agricultural good.

Article 3.7. National Treatment

Each Party shall accord to investors of another Party and to covered enterprises treatment no less favourable than the treatment it accords, in like situations, to its own investors and to their enterprises with respect to the establishment or operation in that Party.

Article 3.8. Most-Favoured-Nation Treatment

1. Each Party shall accord to investors of another Party and to covered enterprises treatment no less favourable than that it accords, in like situations, to investors of a non-Party and to their enterprises, with respect to establishment or operation in that Party. (18)

2. Paragraph 1 shall not be construed as obliging a Party to extend to investors of another Party or to covered enterprises the benefit of any treatment resulting from measures providing for recognition, including the recognition of the standards or criteria for the authorisation,  licensing, or certification of a natural person or enterprise to carry out an economic activity, or the recognition of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial  Services.

3. For greater certainty, the “treatment” referred to in paragraph 1 does not include investor-to-state dispute settlement procedures provided for in other international agreements.

4. For greater certainty, the existence of substantive provisions in other international agreements concluded by a Party with a non-Party, or the mere formal transposition of those provisions into domestic law to the extent that it is necessary in order to incorporate them into the domestic legal order, do not in themselves constitute the “treatment” referred to in paragraph 1. Measures of a Party pursuant to those provisions may constitute such treatment and thus give rise to a breach of this Article.

(18) For greater certainty, this paragraph does not cover treatment accorded by the United d to their enterprises) of territories for whose international relations Kingdom is responsible.

Article 3.9. Senior Management and Boards of Directors

A Party shall not require a covered enterprise to appoint to senior management or board of director  positions natural persons of a particular nationality or who are resident in the Party.

Article 3.10. Performance Requirements

1. A Party shall not, in connection with the establishment or operation of any enterprise in that  Party, impose or enforce any requirement or enforce any commitment or undertaking: (19)

(a) to export a given level or percentage of goods or services;

(b) to achieve a given level or percentage of domestic content;

(c) to purchase, use or accord a preference to goods produced or services supplied in that Party, or to purchase goods or services from a person in that Party;

(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with that enterprise;

(e) to restrict sales of goods or services in that Party that the enterprise produces or supplies  by relating those sales in any way to the volume or value of its exports or foreign exchange inflows;

(f) to restrict exportation or sale for export;

(g) to transfer technology, a production process or other proprietary knowledge to a person in that Party;

(h) to locate the regional or world headquarters of an enterprise in that Party;

(i) to hire a given number or percentage of natural persons of that Party;

(j) to achieve a given level or value of research and development in that Party;

(k) to supply one or more of the goods produced or services supplied by such enterprise to a  specific region or to the world market exclusively from that Party; or

(l) to adopt:

(i) a rate or amount of royalty below a certain level; or

(ii) a given duration of the term of a licence contract; (20)

with regard to any licence contract in existence at the time the requirement is imposed or  enforced, or any commitment or undertaking is enforced, or with regard to any future licence  contract freely entered into between the enterprise and a natural or legal person or any other entity in that Party, if the requirement is imposed or enforced or the commitment or undertaking is enforced, in a manner that constitutes a direct interference with that licence contract by an exercise of a non-judicial governmental authority of Party. (21)

2. A Party shall not, in connection with the establishment or operation of any enterprise in that  Party, make the receipt or continued receipt of an advantage conditional upon compliance with any  requirement:

(a) to achieve a given level or percentage of domestic content;

(b) to purchase, use or accord a preference to goods produced or services supplied in that Party,  or to purchase goods or services from a person in its territory;

(c) to relate in any way the volume or value of imports to the volume or value of exports or to  the amount of foreign exchange inflows associated with that enterprise;

(d) to restrict sales of goods or services in that Party that the enterprise produces or supplies  by relating those sales in any way to the volume or value of its exports or foreign exchange inflows; or

(e) to restrict exportation or sale for export.

3. For greater certainty, nothing in paragraph 1 shall be construed as preventing the enforcement by a  Party of an undertaking voluntarily given (22) by a person in relation to a takeover or merger. 

4. Nothing in paragraph 2 shall be construed as preventing a Party, in connection with the establishment or operation of any enterprise in that Party, from making the receipt or continued receipt or an advantage conditional upon compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in that Party.

5. Subparagraphs 1(a) to (c) and 2(a) and (b) do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programmes.

6. Subparagraphs 1(g) and (l) do not apply when:

(a) the requirement is imposed or enforced, or the commitment or undertaking is enforced, by a court or administrative tribunal, or by a competition authority pursuant to a Party’s competition law; or

(b) a Party authorises the use of an intellectual property right in accordance with Article 31 or Article 31bis of the TRIPS Agreement, or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement.

7. Subparagraph 1(l) does not apply if the requirement is imposed or enforced, or the commitment or undertaking is enforced, by a tribunal as equitable remuneration under the Party’s copyright laws.

8. Subparagraphs 2(a) and (b) do not apply to requirements imposed or enforced by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.

9. This Article is without prejudice to the obligations of a Party under the Agreement on Trade-Related Investment Measures set out in Annex 1A to the WTO Agreement.

10.  For greater certainty, this Article does not preclude the enforcement of any requirement, commitment or undertaking between private parties, if a Party did not impose the requirement, commitment or undertaking.

(19) For greater certainty, a condition for the receipt or continued receipt of an advantage referred to in paragraph 2 does not constitute a requirement or a commitment or undertaking for the purpose of paragraph 1.
(20) A “licence contract” referred to in this subparagraph means any contract concerning the licensing of technology, a production process, or other proprietary knowledge.
(21) For greater certainty, subparagraph (l) does not apply when the licence contract is concluded between the enterprise and a Party.
(22) An “undertaking voluntarily given” means that it is not required by a Party as a condition of the approval of the takeover or merger.

Article 3.11. Investment and Sustainable Development

1. The Parties recognise the importance of environmental protection in connection with the establishment and operation of enterprises and reaffirm the Parties’ rights and obligations relating to the protection of the environment, including climate change, provided for in this Agreement.

2. The Parties recognise the importance of encouraging the adherence to responsible business practices by covered enterprises and reaffirm the Parties’ obligations in this regard, as set out in Article 13.11 (Responsible Business Conduct) of Chapter 13 (Trade and Sustainable Development).

Article 3.12. Non-Conforming Measures

1. Articles 3.6 (Market Access), 3.7 (National Treatment), 3.8 (Most- Favoured-Nation Treatment), 3.9 (Senior Management and Boards of Directors) and 3.10 (Performance Requirements) do not apply to:

(a) an existing non-conforming measure that is maintained by a Party at the level of:

(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 government;

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

(c) an amendment to a 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 Articles 3.6 (Market Access), 3.7 (National Treatment), 3.8 (Most-Favoured-Nation Treatment), 3.9 (Senior Management and Boards of Directors) or 3.10 (Performance Requirements).

2. Articles 3.6 (Market Access), 3.7 (National Treatment), 3.8 (Most- Favoured-Nation Treatment), 3.9 (Senior Management and Boards of Directors) and 3.10 (Performance Requirements) do not apply to a measure of a Party that is consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity, as set out by that Party in its Schedule to Annex XVII (Future Measures).

3. In respect of intellectual property rights, a Party may derogate from subparagraph 1(g) of Article 3.10 (Performance Requirements) and Articles 3.7 (National Treatment) and 3.8 (Most-Favoured-Nation Treatment) if permitted by the TRIPS Agreement, including any amendments to the TRIPS Agreement in force for all Parties, and waivers to the TRIPS Agreement adopted pursuant to Article IX of the WTO Agreement.

4. Notwithstanding Articles 3.7 (National Treatment) and 3.8 (Most-Favoured- Nation Treatment), a Party may require an investor of another Party, or its covered enterprise, to provide information concerning that enterprise for informational or statistical purposes, provided that those requests are reasonable and not unduly burdensome. The Party shall protect confidential business information from any disclosure that would prejudice the competitive position of the investor or the covered enterprise. This paragraph does not prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application ofits law.

Section 3.3. CROSS-BORDER TRADE IN SERVICES

Article 3.13. Scope

This Section shall apply to measures of a Party affecting cross-border trade in services by service suppliers of another Party. Such measures include:

(a) the production, distribution, marketing, sale or delivery of a service;

(b) the purchase or use of, or payment for, a service;

(c) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and

(d) the provision of a bond or other form of financial security as a condition for the supply of a service.

Article 3.14. Market Access

A Party shall not adopt or maintain, a measure, whether it applies to the Party as a whole or to any division thereof, that:

(a) imposes a limitation on:

(i) the number of services suppliers, whether in the form of a numerical quota, monopoly, exclusive service suppliers or the requirement of an economic needs test;

(ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (23) or

(b) restricts or requires a specific type of legal entity or joint venture through which a service supplier may supply a service.

(23) Subparagraph (a)(iii) does not cover measures adopted or maintained by a Party which limits inputs for the supply of services.

Article 3.15. Local Presence

A Party shall not require a service supplier of another Party to establish or maintain an enterprise, or to be resident, in that Party as a condition for the cross- border supply of a service.

Article 3.16. National Treatment

1. Each Party shall accord to services and service suppliers of another Party treatment no less favourable than that it accords to its own like services and service suppliers.

2. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of another Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of another Party.

4. Nothing in this Article shall be construed as requiring a Party to compensate for any inherent competitive disadvantage which results from the foreign character of the relevant services or service suppliers.

Article 3.17. Most-Favoured-Nation Treatment

1. Each Party shall accord to services and service suppliers of another Party treatment no less favourable than that it accords to like services and service suppliers of a non-Party. (24)

2. Paragraph 1 shall not be construed as obliging a Party to extend to services and service suppliers of another Party the benefit of any treatment resulting from measures providing for recognition, including of the standards or criteria for the authorisation, licencing, or certification of a natural person or enterprise to carry out an economic activity, or of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial Services.

3. For greater certainty, the existence of substantive provisions in other international agreements concluded by a Party with a non-Party, or mere formal transposition of those provisions into domestic law to the extent that it is necessary in order to incorporate them into the domestic legal order, do not in themselves constitute the “treatment” referred to in paragraph 1. Measures of a Party pursuant to those provisions may constitute such treatment and thus give rise to a breach of this Article.

(24) For greater certainty, this paragraph does not cover treatment accorded by the United Kingdom to services and service suppliers of territories for whose international relations the United Kingdom is responsible.

Article 3.18. Non-Conforming Measures

1. Article 3.14 (Market Access), Article 3.15 (Local Presence), Article 3.16 (National Treatment), and Article 3.17 (Most-Favoured-Nation Treatment) do 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 Article 3.14 (Market Access), Article 3.15 (Local Presence), Article 3.16 (National Treatment) or Article 3.17 (Most- Favoured-Nation Treatment).

2. Article 3.14 (Market Access), Article 3.15 (Local Presence), Article 3.16 (National Treatment), and Article 3.17 (Most-Favoured-Nation Treatment) do not apply to any measure of a Party that is consistent with the reservations, conditions or qualifications specified with respect to sectors, sub-sectors or activities, as set out by that Party in its Schedule to Annex XVII (Future Measures).

Section 3.4. ENTRY AND TEMPORARY STAY OF NATURAL PERSONS

Article 3.19. General Provisions and Scope

1. This Section reflects the preferential trade relationship between the Parties as well as the desire of the Parties to facilitate entry and temporary stay of natural persons for business purposes on a reciprocal basis, and to ensure transparency of the process.

2. This Section applies to measures by a Party affecting entry into that Party by natural persons of another Party, who are business visitors for establishment purposes, intra-corporate transferees, contractual service suppliers, independent professionals and short-term business visitors and to measures affecting their business activities during their temporary stay in the former Party.

3. To the extent that commitments are not undertaken in this Section, all requirements provided for in the law of a Party regarding the entry and temporary stay shall continue to apply, including rules concerning the length of stay.

4. Notwithstanding the provisions of this Section, all requirements provided for in the law of a Party regarding work and social security measures shall continue to apply, including rules concerning minimum wages and collective wage agreements.

5. Commitments on the entry and temporary stay of natural persons for business purposes do not apply in cases where the intent or effect of the entry and temporary stay is to interfere with or otherwise affect the outcome of any labour or management dispute or negotiation, or the employment of any natural person who is involved in such a dispute or negotiation.

6. This Section does not apply to measures:

(a) affecting natural persons of a Party seeking access to the employment market of another Party; or

(b) regarding nationality or citizenship, residence or employment on a permanent basis.

7. This Section shall not prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, the Party, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to another Party under the terms of this Section. (25)

8. This Section, Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term Business Visitors) and Annex XIX (Contractual Service Suppliers and Independent Professionals) only apply to a Party’s territory described in subparagraph (1)(a) of Article 1.2 (Territorial Application) of Chapter 1 (General Provisions).

(25) Requiring a visa for natural persons of a certain country, and not for those of others, shall not in itself be regarded as nullifying or impairing benefits accrued under this Section.

Article 3.20. Definitions

For the purposes of this Section:

(a) “business visitors for establishment purposes” means natural persons working in a senior position within a legal person of a Party, who:

(i) are responsible for setting up an enterprise of the same group in the Party granting entry;

(ii) do not offer or provide services or engage in any economic activity other than that which is required for the purposes of the establishment of that enterprise; and

(iii) do not receive remuneration from a source located in the Party granting entry;

(b) “contractual service suppliers” means natural persons employed by a legal person of a Party that:

(i) is itself not an agency for placement and supply services of personnel and is not acting through such an agency;

(ii) is not established in the Party granting entry; and

(iii) has concluded a bona fide contract to supply a service to a final consumer in another Party, requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to supply the service in question; (26)

  • 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