12. Opinions expressed in the panel report by individual panelists shall be anonymous.
Hearings
13. The Parties shall be given the opportunity to attend hearings and meetings of the Panel.
14. The timetable established in accordance with Rule 1 shall provide for at least one hearing for the Parties to present their cases to the panel.
15. The panel may convene additional hearings if the Parties so agree.
16. All panelists shall be present at hearings. Panel hearings shall be held in closed session with only the panelists and the Parties in attendance. However, in consultation with the Parties, assistants, translators, or designated note takers may also be present at hearings to assist the panel in its work. Any such arrangements established by the panel may be modified with the agreement of the Parties.
17. The hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The panel shall conduct the hearing in the following manner: argument of the complaining Party; argument of the respondent Party; the reply of the complaining Party; the counter-reply of the respondent; closing statement of the complaining Party; and closing statement of the respondent Party. The Chair may set time limits for oral arguments to ensure that each Party is afforded equal time.
Questions
18. The panel may direct questions to either Party at any time during the proceedings. The Parties shall respond promptly and fully to any request by the panel for such information as the panel considers necessary and appropriate.
19. Where the question is in writing, each Party shall also provide a copy of its response to such questions to the other Party at the same time as it is delivered to the panel. Each Party shall be given the opportunity to provide written comments on the response of the other Party.
Confidentiality
20. The panel's hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential information submitted to the panel by the other Party which that Party has designated as confidential.
21. Where a Party designates as confidential its written submissions to the panel, it shall, on request of the other Party, provide the panel and the other Party with a non-confidential summary of the information contained in its written submissions that could be disclosed to the public no later than 10 days after the date of request. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public.
Working language
22. The working language of the panel proceedings, including for written submissions, oral arguments or presentations, the report of the panel and all written and oral communications between the Parties and with the panel, shall be English.
Venue
23. The venue for the hearings of the panel shall be decided by agreement between the Parties. If there is no agreement, the first hearing shall be held in the territory of the respondent Party complained against, and any additional hearings shall alternate between the territories of the Parties.
Expenses
24. The panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants, designated note takers or other individuals that it retains. Indicative Timetable for the Panel Panel established on xx/xx/xxxx.
25. Receipt of first written submissions of the Parties:
(a) complaining Party: 20 days after the date of appointment of the final panelist;
(b) respondent Party: 20 days after (a).
26. Date of the first hearing with the Parties: 20 days after receipt of the first submission of the respondent Party against.
27. Receipt of written supplementary submissions of the Parties: 20 days after the date of the first hearing.
28. Issuance of initial report to the Parties: 90 days of the date of composition of the panel.
29. Deadline for the Parties to provide written comments on the initial report: 15 days after the issuance of the initial report.
30. Issuance of final report to the Parties: within 120 days of the date of composition of the panel.
Annex 14B. Code of Conduct for Panelists
Definitions
1. For the purposes of this Annex:
(a) assistant means a person who, under the terms of appointment of a panelist, conducts research or provides support for the panelist;
(b) panelist means a member of a panel established under Article 14.7;
(c) proceeding, unless otherwise specified, means the proceeding of a panel under this Chapter; and
(d) staff, in respect of a panelist, means persons under the direction and control of the panelist, other than assistants. Responsibilities to the Process
2. Every panelist shall avoid impropriety and the appearance of impropriety, shall be independent and impartiaL shall avoid direct and indirect conflicts of interests and shall observe high standards ofconduct so that the integrity and impartiality of the dispute settlement process are preserved. Former panelists shall comply with the obligations established in paragraphs 18 through 21.
Disclosure Obligations
3. Prior to confirmation of his or her selection as a panelist under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
4. Once selected, a panelist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disclose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panelist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.
Performance of Duties by Panelists
5. A panelist shall comply with this Chapter and the applicable rules of procedure in Annex 14A (Rules of Procedure).
6. On selection, a panelist shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
7. A panelist shall not deny other panelists the opportunity to participate in all aspects of the proceeding.
8. A panelist shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person.
9. A panelist shall take all appropriate steps to ensure that the panelist's assistant and staff are aware of, and comply with, paragraphs 2, 3, 4, 19, 20, and 21.
10. A panelist shall not engage m ex parte contacts concemmg the proceeding.
11. A panelist shall not communicate matters concerning actual or potential violations of this Annex by another panelist unless the communication is to both Parties or is necessary to ascertain whether that panelist has violated or may violate this Annex.
Independence and Impartiality of Panelists
12. A panelist shall be independent and impartial. A panelist shall act in a fair manner and shall avoid creating an appearance of impropriety or bias.
13. A panelist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party, or fear of criticism.
14. A panelist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panelist's duties.
15. A panelist shall not use his or her position on the panel to advance any personal or private interests. A panelist shall avoid actions that may create the impression that others are in a special position to influence the panelist. A panelist shall make every effort to prevent or discourage others from representing themselves as being in such a position.
16. A panelist shall not allow past or existing financial, business, professional, family, or social relationships or responsibilities to influence the panelist's conduct or judgement.
17. A panelist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the panelist's impartiality or that might reasonably create an appearance of impropriety or bias.
Duties in Certain Situations
18. A panelist or former panelist shall avoid actions that may create the appearance that the panelist was biased in carrying out the panelist's duties or would benefit from the decision or report of the panel.
Maintenance of Confidentiality
19. A panelist or former panelist shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.
20. A panelist shall not disclose a panel report, or parts thereof, prior to its publication.
21. A panelist or former panelist shall not at any time disclose the deliberations of a panel, or any panelist's view, except as required by legal or constitutional requirements.
Chapter 15. EXCEPTIONS
Article 15.1. General Exceptions
1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), and Chapter 6 (Technical Barriers to Trade), Article XX of the GAIT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.
2. For the purposes of Chapters 8 (Trade in Services) and Chapter 9 (Digital Trade) (1), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis.
Article 15.2. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to fissionable and fusionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;
(iv) relating to the protection of critical public infrastructure, including, but not limited to, critical communications infrastructure, power infrastructure and water infrastructure, from deliberate attempts intended to disable or degrade such infrastructure;
(v) taken in time of domestic emergency, or war or other emergency in international relations; or
(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 15.3. Taxation
1. Nothing in this Agreement shall apply to any taxation measure. (2)
2. Nothing in this Agreement shall affect the rights and obligations of a Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency.
Chapter 16. ADMINISTRATION OF THE AGREEMENT
Article 16.1. Joint Committee
1. The Parties hereby establish a Joint Committee.
2. The Joint Committee:
(a) shall be composed of representatives of the UAE and Cambodia; and
(b) may establish standing or ad hoc Sub-Committees or working groups and assign any of its powers thereto.
3. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet every two years, unless the Parties agree otherwise, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of the Parties.
4. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party.
5. The functions of the Joint Committee shall be as follows:
(a) to review and assess the results and overall operation of this Agreement in the light of the experience gained during its application and its objectives;
(b) to consider any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement;
(c) to endeavour to amicably resolve disputes between the Parties arising from the interpretation or application of this Agreement;
(d) to supervise and coordinate the work of all Sub-Committees and working groups established under this Agreement;
(e) to consider any other matter that may affect the operation of this Agreement;
(f) if requested by either Party, to propose mutually agreed interpretations to be given to the provisions of this Agreement;
(g) to adopt decisions or make recommendations as envisaged by this Agreement; and
(h) to carry out any other functions as may be agreed by the Parties.
6. The Joint Committee shall establish its own working procedures, which shall form an integral part of this Agreement.
7. Meetings of the Joint Committee and of any standing or ad hoc Sub-Committees or working groups may be conducted in person or by any other means as determined by the Parties.
Article 16.2. Communications
1. Each Party shall, within 30 days after the entry into force, designate a contact point to receive and facilitate official communications between the Parties on any matter relating to this Agreement. Each Party shall, as soon as possible, notify the other Party of any change to the contact point.
2. All official communications in relation to this Agreement shall be in the English language .
Chapter 17. FINAL PROVISIONS
Article 17.1. Annexes, Side Letters, and Footnotes
The Annexes, Side letters, and footnotes to this Agreement shall constitute an integral part of this Agreement.
Article 17.2. Relation to other Agreements
1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which both Parties are party.
2. If a Party considers that a provision of the Agreement is inconsistent with a provision of another agreement to which both Parties are party, upon request the Parties shall consult with a view to reaching a mutually satisfactory solution. This paragraph shall be without prejudice to the Parties' rights and obligations under Chapter 14 (Dispute Settlement).
3. For the purposes of application of this Agreement, the Parties agree that the fact that an agreement provides more favorable treatment of goods, services, investment, or persons than that provided of under this Agreement does not mean there is an inconsistency within the meaning of paragraph 2.
Article 17.3. Amendments
1. If any international agreement, or any provision therein, referred to in this Agreement or incorporated into this Agreement is amended, or such an international agreement is succeeded by another international agreement, the Parties shall, on request of either Party, consult and agree on whether it is necessary to amend this Agreement, unless otherwise provided in this Agreement.
2. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
3. Amendments to this Agreement shall, after recommendation by the Joint Committee, be submitted to the Parties for approval or ratification in accordance with their respective constitutional requirements or internal legal procedures.
4. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 17.7, unless otherwise agreed by the Parties.
Article 17.4. General Review
1. The Parties shall undertake a review of their commitments under Trade in Services with a view to enhance trade among the Parties, three years after the date of entry into force of this agreement, unless the Parties agree otherwise.
2. The Parties shall undertake a general review of this Agreement with a view to updating and enhancing it to ensure that this Agreement remains relevant to the trade and investment issues and challenges confronting the Parties every five year after its entry into force, unless the Parties agree otherwise.
3. In conducting a review pursuant to this Article, the Parties shall: (a) consider ways to further enhance trade and investment between them; and (b) take into account: (i) the work of the Joint Committee, Sub-Committees and subsidiary bodies established pursuant to Chapter 16 (Administration of the Agreement); and (ii) relevant developments in international fora.
Article 17.5. Accession
1. This Agreement shall be open for accession by any country or group of countries after the date of entry into force of this Agreement. Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between the country or group of countries and the Parties.
2. A country or group of countries may seek to accede to this Agreement by submitting a request in writing through diplomatic channels to the Parties.
3. Subject to the terms and conditions agreed pursuant to paragraph 1, a country or group of countries shall become a Party to this Agreement 60 days after the date on which the acceding country(s) notify in writing through diplomatic channels that they have completed their respective applicable internal legal procedures.
4. In addition to this Article, the accession process shall be carried out in accordance with the procedure for accession to be adopted by the Joint Committee.
5. Notwithstanding paragraphs 1 through 4, this article shall not be construed to prevent any Party to this Agreement from entering bilateral negotiation or multilateral negotiations with any country or group of countries who seeks to accede to this Agreement.
Article 17.6. Duration and Termination
1. This Agreement shall be valid for an indefinite period.
2. Either Party may terminate this Agreement by written notification through diplomatic channels to the other Party, and such termination shall take effect six months after the date of the notification.
Article 17.7. Entry Into Force
This Agreement shall enter into force 60 days following the date of the later diplomatic note by which the Parties notify each other that they have completed all necessary requirements and internal legal procedures for the entry into force of this Agreement or on any date following the exchange of the notes as agreed upon by the Parties.
Article 17.8. Authentic Texts
This Agreement is done in the Khmer, Arabic and English languages, each version being equally valid and authentic. In case of any divergence, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Phnom Penh, on 08 June 2023.
FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES
FOR THE GOVERNMENT OF THE KINGDOM OF CAMBODIA