Iceland - Liechtenstein - Norway - United Kingdom FTA (2021)
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(40) The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of the Parties.

Article 3.40. Conditions for Authorisation

1. Each Party shall ensure that measures relating to authorisation are based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary manner.

2. The criteria (41) referred to in paragraph 1 shall be:

(a) objective;

(b) transparent;

(c) clear;

(d) impartial;

(e) made public in advance, to the extent practicable; and

(f) easily accessible.

3. If a Party adopts or maintains a measure relating to authorisation, it shall ensure that:

(a) the competent authority concerned processes applications, and reaches and administers its decisions objectively and impartially and in a manner independent of the undue influence of any person carrying out the economic activity for which authorisation is required;

(b) the procedures themselves do not prevent fulfilment of the requirements; and

(c) those measures do not discriminate between men and women. (42)

(41) Such criteria may include, but are not limited to, competence and the ability to supply a service or pursue an economic activity, including to do so in a manner consistent with the Party’s regulatory requirements, such as health and environmental requirements. Competent authorities may assess the weight to be given to each criterion.
(42) Differential treatment that is reasonable and objective, and aims to achieve a legitimate purpose, and adoption by the Party of temporary special measures aimed at accelerating de facto equality between men and women, shall not be considered discrimination for the purposes of this subparagraph.

Subsection 3.5.2. PROVISIONS OF GENERAL APPLICATION

Article 3.41. Review Procedures for Administrative Decisions

Each Party shall maintain judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier of another Party, for a prompt review of, and where justified, appropriate remedies for, administrative decisions (43) that affect the pursuit of an activity referred to in subparagraphs 1(a) to (c) of Article 3.30 (Scope). Where these procedures are not independent of the competent authority entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.

(43) For the purposes of this Article, “administrative decisions” means a decision or action with legal effect and covers the failure to take an administrative decision or take such action when that is so required by a Party’s law.

Article 3.42. Opportunity to Comment Before Entry Into Force

1. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party (44) shall publish in advance:

(a) any laws or regulations of general application it proposes to adopt; or

(b) documents that provide sufficient details about that possible new law or regulation to allow another Party to assess whether and how their interests might be significantly affected.

2. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party is encouraged to apply paragraph 1 to procedures and administrative rulings of general application it proposes to adopt.

3. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall provide the other Parties with a reasonable opportunity to comment on those proposed measures or documents published under paragraphs 1 or 2.

4. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall consider comments received under paragraph 3.45

5. In publishing the law or regulation referred to in subparagraph 1(a), or in advance of such publication, to the extent practicable and in a manner consistent with its legal system for adopting measures, a Party is encouraged to explain the purpose and rationale of the law or regulation.

6. Each Party shall, to the extent practicable, endeavour to allow reasonable time between publication of the text of the law or regulation referred to in subparagraph 1(a) and the date on which service suppliers must comply with the law or regulation.

(44) The Parties understand that paragraphs 1 to 4 recognise that each Party may have different systems to consult interested persons on certain measures before they are adopted, and that the alternatives set out in subparagraphs 1(a) and (b) reflect different legal systems.
(45) This provision is without prejudice to the final decision of a Party that adopts or maintains any measure for authorisation for the supply of a service.

Article 3.43. Regulatory Cooperation

1. To promote further services liberalisation, the Parties shall:

(a) consider cooperating on regulatory issues of mutual interest by:

(i) discussing regulatory approaches that underpin their criteria for authorisation;

(ii) sharing best-practices and expertise;

(iii) participating in international dialogues; and

(iv) sharing trade-related information.

(b) endeavour to encourage their competent authorities to consider cooperating with competent authorities of another Party on regulatory issues of mutual interest by the same means provided in subparagraphs (a)(i) to (iv).

2. This Article shall not apply with respect to financial services.

Subsection 3.53. FINANCIAL SERVICES

Article 3.44. Scope

1. This Sub-Section shall apply to measures of a Party affecting the supply of financial services in addition to Sections 3.1 to 3.4 (General Provisions, Investment Liberalisation, Cross-Border Trade in Services, and Entry and Temporary Stay of Natural Persons for Business Purposes) of this Chapter and Sub-Section 3.5.1 (Domestic Regulation) and Sub-Section 3.5.2 (Provisions of General Application) of this Section.

2. For the purposes of the application of Article 3.1 (Scope) of Section 3.1 (General Provisions) to this Sub-Section, the term “activities performed in the exercise of governmental authority” means the following:

(a) activities conducted by a central bank or a monetary authority or by any other public entity in pursuit of monetary or exchange rate policies;

(b) activities forming part of a statutory system of social security or public retirement plans; and

(c) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of a Party or its public entities.

3. For the purposes of the application of Article 3.1 (Scope) of Section 3.1 (General Provisions) to this Sub-Section, if a Party allows any of the activities referred to in subparagraph 2(b) or (c) to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, “activities performed in the exercise of governmental authority” does not include those activities.

4. The definition of “activities performed in the exercise of governmental authority” in Section 3.1 (General Provisions) does not apply to services covered by this Sub-Section.

5. Article 3.9 (Senior Management and Boards of Directors) of Section 3.2 (Investment Liberalisation) shall not apply to measures covered by this Sub- Section.

Article 3.45. Definitions

For the purposes of this Chapter:

(a) “financial service” means any service of a financial nature offered by a financial service supplier of a Party. Financial services include the following activities:

Insurance and insurance-related services

(i) direct insurance (including co-insurance):

(aa) life;

(ab) non-life;

(ii) reinsurance and retrocession;

(iii) insurance intermediation, such as brokerage and agency; and

(iv) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;

Banking and other financial services (excluding insurance)

(v) acceptance of deposits and other repayable funds from the public;

(vi) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;

(vii) financial leasing;

(viii) all payment and money transmission services, including credit, charge and debit cards, travellers’ cheques, e- payments and bankers drafts;

(ix) guarantees and commitments;

(x) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(aa) money market instruments (including cheques, bills, certificates of deposits);

(ab) foreign exchange;

(ac) derivative products, including futures and options;

(ad) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(ae) transferable securities; and

(af) other negotiable instruments and financial assets, including bullion;

(xi) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(xii) money broking;

(xiii) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(xiv) settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

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

(xvi) advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;

(b) “financial service supplier” means a person of a Party wishing to supply or supplying financial services but does not include a public entity;

(c) “new financial services” means a financial service not supplied in the Party that is supplied in another Party, and includes any new form of delivery of a financial service or the sale of a financial product that is not sold in the Party;

(d) “public entity” means

(i) a government, a central bank or monetary authority of a Party, or any entity owned or controlled by a Party that is principally engaged in carrying out governmental functions or activities for governmental purposes, but does not include an entity principally engaged in supplying financial services on commercial terms; or

(ii) a private entity performing functions normally performed by a central bank or monetary authority when exercising those functions; and

(e) “self-regulatory organisations” means any non-governmental body, including any securities or futures exchange or market, clearing agency, or other organisation or association, that exercises regulatory or supervisory authority over financial service suppliers by statute or delegation from central or regional government.

Article 3.46. New Financial Services

1. Each Party shall, in accordance with its law, permit a financial service supplier of another Party to supply a new financial service that the Party would permit its own like financial service suppliers to supply without adopting a law or modifying an existing law, in like situations.

2. A Party may determine the institutional and juridical form (46) through which the new financial service may be supplied and may require authorisation or its renewal for the supply of the service from the relevant regulator. Where such authorisation is required, a decision shall be made within a reasonable period of time, and the authorisation or its renewal may only be refused for prudential reasons, including if such prudential reasons arise out of the Party’s international obligations.

3. Each Party shall endeavour to collaborate and share knowledge relating to developments in financial services including financial integrity, consumer wellbeing and protection, financial inclusion, financial data, competition and financial stability through innovation in financial services, by sharing best practice and facilitating cross-border development of new financial services.

4. The Parties understand that nothing in this Article prevents a financial service supplier of a Party from applying to another Party to request that it authorises the supply of a financial service that is not supplied in any Party. That application shall be subject to the law of the Party receiving the application, and for greater certainty, shall not be subject to paragraphs 1 to 2.

(46) For greater certainty, a Party may determine that the service can only be provided by an established financial service supplier.

Article 3.47. Financial Information and Data

1. No Party shall restrict a financial service supplier of another Party from transferring or processing information, including by electronic means, or from transferring equipment in accordance with this Agreement and any applicable domestic laws and regulations, where such transfers or processing are necessary in the course of the business of that financial service supplier.

2. The Parties affirm that paragraph 1 of Article 4.11 (Cross-border Data Flows) of Chapter 4 (Digital Trade) applies to cross-border data transfers of financial service suppliers.

3. Notwithstanding paragraph 1 of this Article and paragraph 1 of Article 4.11 (Cross-Border Data Flows) of Chapter 4 (Digital Trade), each Party has the right to require that information of a financial service supplier is used, stored or processed in that Party where it is not able to ensure access to data required for the purposes of financial regulation and supervision. Before imposing such requirements on the financial service supplier of another Party with respect to use, storage or processing of financial information in that Party, the Party or its financial regulators shall endeavour to consult that other Party or its financial regulators and, as far as practicable, provide the financial service supplier with a reasonable opportunity to remediate any lack of access to information.

4. For greater certainty, nothing in this Article shall prevent a Party from adopting or maintaining measures in accordance with paragraph 2 of Article 4.12 (Protection of Personal Data and Privacy) of Chapter 4 (Digital Trade).

Article 3.48. Payments and Clearing

Under terms and conditions that accord national treatment under Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation) and Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services), each Party shall grant to established financial service suppliers of another Party access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business. This Article shall not confer access to the Party’s lender of last resort facilities.

Article 3.49. Senior Management and Boards of Directors

1. No Party shall require established financial service suppliers of another Party to engage natural persons of any particular nationality as members of the board of directors, senior managerial or other essential personnel.

2. No Party shall require that more than a minority of the board of directors of established financial service suppliers of another Party be composed of persons residing in that Party.

3. This Article is subject to each Party’s reservations as set out in Annex XVI(Existing Measures) and Annex XVII (Future Measures).

Article 3.50. Self-Regulatory Organisations

If a Party requires a financial service supplier of another Party to be a member of, participate in, or have access to, a self-regulatory organisation in order to provide a financial service in or into that Party, or grants a privilege or advantage when supplying a financial service through a self-regulatory organisation, it shall ensure that the self-regulatory organisation observes the obligations contained in Article 3.6 (Market Access), Article 3.7 (National Treatment) and Article 3.8 (Most-Favoured Nation Treatment) of Section 3.2 (Investment Liberalisation) and Article 3.14 (Market Access), Article 3.16 (National Treatment) and Article 3.17 (Most-Favoured Nation Treatment) of Section 3.3 (Cross-Border Trade in Services).

Article 3.51. Prudential Carve-Out

1. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for prudential reasons (47), including:

(a) the protection of investors, depositors, policyholders, or persons to whom a financial service supplier owes a fiduciary duty;

(b) the maintenance of the safety, soundness, integrity, or financial responsibility of a financial service supplier; or

(c) ensuring the integrity and stability of the Party’s financial system.

2. Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of avoiding the Party’s commitments or obligations under this Agreement.

47 For greater certainty, this shall not prevent a Party from adopting or maintaining measures for prudential reasons in relation to branches established in that Party by legal persons in another Party.

Article 3.52. Confidential Information

Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.

Article 3.53. International Standards

Each Party shall make its best endeavour to ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in that Party. Such internationally agreed standards are, inter alia, the Basel Committee’s “Core Principles for Effective Banking Supervision”, the standards and principles of the International Association of Insurance Supervisors, the International Organisation of Securities Commissions’ “Objectives and Principles of Securities Regulation”, the Financial Action Task Force’s “FATF Recommendations” and the standards of the Global Forum on Transparency and Exchange of Information for Tax Purposes of the OECD.

Article 3.54. Recognition of Prudential Measures

1. A Party may recognise prudential measures of a non-Party in the application of measures covered by this Sub-Section. (48) That recognition may be:

(a) accorded autonomously;

(b) achieved through harmonisation or other means; or

(c) based upon an agreement or arrangement with a non-Party.

2. A Party that accords recognition of prudential measures under paragraph 1 shall provide adequate opportunity to another Party to demonstrate that circumstances exist in which there are or would be equivalent regulation, oversight, implementation of regulation and, if appropriate, procedures concerning the sharing of information between the relevant Parties.

3. If a Party accords recognition of prudential measures under subparagraph 1(c) and the circumstances set out in paragraph 2 exist, that Party shall provide adequate opportunity to another Party to negotiate accession to the agreement or arrangement, or to negotiate a comparable agreement or arrangement.

(48) For greater certainty, nothing in Article 3.8 (Most-Favoured-Nation Treatment) of Section 3.2 (Investment Liberalisation) and Article 3.17 (Most-Favoured-Nation Treatment) of Section 3.3 (Cross-Border Trade in Services) shall be construed to require a Party to accord recognition to prudential measures of another Party.

Subsection 3.5.4. TELECOMMUNICATIONS SERVICES

Article 3.55. Scope

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

2 This Sub-Section does not apply to:

(a) measures affecting services providing, or exercising editorial control over, content transmitted using telecommunications networks or services; or

(b) measures relating to broadcast or cable distribution of radio or television programming, except to ensure that a service supplier operating a broadcast station or cable system has continued access to and use of public telecommunications networks and services.

Article 3.56. Definitions

For the purposes of this Sub-Section:

(a) “associated facilities” means those services, physical infrastructures and other facilities associated with a telecommunications network or service which enable or support the provision of services via that network or service or have the potential to do so;

(b) “end-user” means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;

(c) “essential facilities” means facilities of a public telecommunications network or service that:

(i) are exclusively or predominantly provided by a single or limited number of suppliers; and

(ii) cannot feasibly be economically or technically substituted in order to supply a service;

(d) “interconnection” means the linking of public telecommunications networks used by the same or different suppliers of telecommunications networks or services in order to allow the users of one supplier to communicate with users of the same or another supplier or to access services provided by another supplier. Services may be provided by the suppliers involved or any other supplier who has access to the network;

(e) “international mobile roaming service” means a mobile service provided pursuant to an agreement between suppliers of public telecommunications services that enables an end-user whose mobile handset or other device normally accesses public telecommunication services in a Party to use their mobile handset or other device for voice, data or messaging services in another Party;

(f) “leased circuit” means telecommunications services or facilities, including those of a virtual or non-physical nature, between two or more designated points that are set aside for the dedicated use of, or availability to, a user;

(g) “major supplier” means a supplier of telecommunications networks or services which has the ability to materially affect the terms of participation, having regard to price and supply, in a relevant market for public telecommunications networks or services as a result of control over essential facilities or the use of its position in that market;

(h) “network element” means a facility or equipment used in supplying a telecommunications service, including features, functions and capabilities provided by means of that facility or equipment;

(i) “non-discriminatory” means treatment no less favourable than that accorded, in like situations, to other service suppliers and users of like public telecommunications networks or services;

(j) “number portability” means the ability of end-users who so request to retain the same telephone numbers, at the same location in the case of a fixed line, when switching between the same category of suppliers of public telecommunications services;

(k) “public telecommunications network” means any telecommunications network used for the provision of public telecommunications services between network termination points;

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

(m) “reference interconnection offer” means an interconnection offer by a major supplier that is made publicly available, so that any supplier of public telecommunications services that is willing to accept it may obtain interconnection with the major supplier on that basis;

(n) “telecommunications” means the transmission and reception of signals by any electromagnetic means;

(o) “telecommunications network” means transmission systems and, if applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the transmission and reception of signals by wire, radio, optical, or other electromagnetic means;

(p) “telecommunications regulatory authority” means the body or bodies responsible for the regulation of telecommunications networks and services covered by this Sub-Section;

(q) “telecommunications service” means a service which consists wholly or mainly in the transmission and reception of signals over telecommunications networks, including over networks used for broadcasting, but does not include a service providing, or exercising editorial control over, content transmitted using telecommunications networks and services;

  • 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