2. Each Party shall promptly notify the other Party of any change of its Contact Point.
Article 6.11. Information Exchange and Technical Discussions
1. Any information or explanation that a Party provides upon request of the other Party pursuant to this Chapter shall be provided in print or electronically within a reasonable period of time. Each Party shall endeavor to respond to such a request within 60 days.
All communication between the Parties on any matter covered by this Chapter shall be conducted through the Contact Points designated under Article 6.10.
On request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavor, to the extent practicable, to enter into technical discussions by notifying the Contact Points designated under Article 6.10.
Chapter 7. TRADE REMEDIES
Section A. I. Bilateral Safeguard Measures
Article 7.1. Definitions
For the purposes of this Section:
Bilateral safeguard measures means a safeguard measure described in Article 7.2;
Domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive goods operating within the territory of a Party, or those producers whose collective output of the like or directly competitive goods constitutes a major proportion of the total domestic production of those goods;
Serious injury means a significant overall impairment in the position of a domestic industry;
Threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent; and
Transition period, in relation to a particular product, means the period from the entry into force of this Agreement until 5 years after the date on which the customs duties on that product are to be eliminated or reduced in accordance with Annex 2 (Schedules of Tariff Commitments), which shall not exceed 15 years starting from the date of entry into force of the Agreement in any circumstance.
Article 7.2. Application of Safeguard Measures
1. If, as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry producing a like or directly competitive good, the Party may, to the extent necessary to prevent or remedy the serious injury to its domestic industry and to facilitate its domestic industry's adjustment:
(a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement; or
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
(i) the most-favoured nation applied rate of customs duty on the good in effect at the time the safeguard measure is taken; or
(ii) the base rate of customs duty specified in the Schedules included in Annex 2 (Schedules of Tariff Commitments) pursuant to Article 2.4 (Reduction or Elimination of Customs Duties).
2. The Parties understand that neither tariff rate quotas nor quantitative restrictions are permissible forms of a safeguard measure.
Article 7.3. Notification and Consultation
1. A Party shall immediately deliver a written notice to the other Party upon:
(a) initiating an investigation referred to in Article 7.4 relating to serious injury or threat of serious injury and the reasons for it;
(b) making a finding of serious injury or threat of serious injury caused by increased imports;
(c) applying or extending the imposition of a bilateral safeguard measure; and
(d) taking a decision to modify, including to progressively liberalise, a bilateral safeguard measure.
2. A written notice referred to in subparagraph 1 (a) shall include:
(a) a precise description of the originating good subject to the investigation including its heading and subheading under the Harmonized System and the national nomenclature of the Party;
(b) a summary of the reason for the initiation of the investigation; and
(c) the date of the initiation of the investigation and the period of investigation.
3. A Party shall provide to the other Party a copy of the public version of the report by its competent authority that is required under Article 7.4 1. The provided report to the other Party shall be in English.
4. A written notice referred to in subparagraphs l(b) through (d) shall include:
(a) a precise description of the ongmating good subject to the bilateral safeguard measure including its heading and subheading under the Harmonized System and the national nomenclature of the Party;
(b) evidence of the serious injury or threat of serious injury caused by increased imports of the originating good of the Party as a result of the reduction or elimination of a customs duty pursuant to this Agreement;
(c) a precise description of the proposed bilateral safeguard measure;
(d) the proposed date of the introduction of the bilateral safeguard measure, its expected duration, and, if applicable, a timetable for the progressive liberalisation of the bilateral safeguard measure referred to in Article 7.5.3; and
(e) in the case of an extension of the bilateral safeguard measure, evidence that the domestic industry concerned is adjusting.
5. A Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Party, with a view to, inter alia, reviewing the information provided under paragraphs 2 and 4 that has arisen from the investigation referred to in Article 7.4, exchanging views on the bilateral safeguard measure, and reaching an understanding on ways to achieve the objective set out in Article 7.7.
Article 7.4. Investigation Procedures
1. A Party shall apply a safeguard measure only following an investigation by its competent authority in accordance with Article 3 and Article 4.2 of the Safeguards Agreement. To this end, Article 3 and Article 4.2 of the Safeguard Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
2. Each Party shall ensure that its competent authority complete the investigation referred to in paragraph 1 within one year following its date of initiation.
Article 7.5. Scope and Duration of Bilateral Safeguard Measures
1. Neither Party shall apply a safeguard measure:
(a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
(b) for a period exceeding two years, except that the period may be extended by up to one year if the competent authority of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed three years; or
(c) beyond the expiration of the transition period.
2. No bilateral safeguard measure shall be applied to the import of an originating good for a period of one year from the date of commencement of the tariff reduction or elimination for that originating good provided for under this Agreement.
3. No safeguard measure shall be applied again to the import of a particular originating good that has been previously subject to such measure for a period of time equal to the duration of the previous safeguard measure, provided that the period of non-application is at least two years.
4. In order to facilitate adjustment in a situation where the expected duration of the safeguard measure is over one year, the Party applying the safeguard measure shall progressively liberalised at regular intervals during its period of application.
5. When a Party terminates a safeguard measure, the rate of customs duty for the originating good subject to that safeguard measure shall be the rate that, according to the Party's Schedules in Annex 2 (Schedules of Tariff Commitments), would have been in effect but for that safeguard measure.
Article 7.6. Provisional Safeguard Measures
1. In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may apply a provisional safeguard measure, which shall take the form of the measures set out in Article 7.2 pursuant to a preliminary determination by its competent authority that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such increased imports have caused or are threatening to cause serious injury to a domestic industry of the importing Party.
2. Before a Party's competent authority may make a preliminary determination, the Party shall publish a public notice setting forth how interested parties, including importers and exporters, may obtain a non-confidential copy of the application requesting a provisional safeguard measure, and shall to the extent practicable, provide interested parties adequate opportunity after the date it publishes the notice to submit evidence and views regarding the application of a provisional safeguard measure.
3. The applying Party shall notify the other Party prior to applying a provisional safeguard measure and shall initiate consultations immediately after the provisional safeguard measure is applied.
4. The duration of any provisional safeguard measure shall not exceed 200 days, during which period the Party applying that provisional safeguard measure shall comply with the requirements of Article 7.4.
5. The Party shall promptly refund any tariff increases collected if the investigation described in Article 7.4 (1) does not result in a finding that the requirements of Article 7.2 are met.
6. A Party may not apply a provisional safeguard measure until at least 45 days after the date its competent authority initiates the investigation.
Article 7.7. Compensation
1. A Party proposing to apply or extend a bilateral safeguard measure shall, in consultation with the other Party, provide to the other Party mutually agreed, adequate means of trade compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional customs duties expected to result from the measure. The Party applying a bilateral safeguard measure shall provide the opportunity to consult within 30 days of the date on which the bilateral safeguard measure was applied.
2. If the consultations referred to in paragraph 1 do not result in an agreement on trade compensation within 30 days of the commencement of such consultations, the other Party may suspend the application of substantially equivalent concessions to the trade in goods of the Party applying the bilateral safeguard measure.
3. A Party who intends to suspend the application of concessions shall deliver a written notice to the other Party applying the bilateral safeguard measure at least 30 days before it suspends the application of concessions in accordance with paragraph 2.
4. The right to suspend the application of concessions in accordance with paragraph 2 shall not be exercised for the first two years during which the bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been applied as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Section.
5. The obligation to provide compensation under paragraph 1 and the right to suspend the application of concessions in accordance with paragraph 2 shall cease on the termination of the bilateral safeguard measure.
6. Any compensation shall be based on the total period of application of the bilateral safeguard measure including, if applicable, the period of application of any provisional safeguard measure.
Section A. II. Global Safeguard Measures
Article 7.8. Global Safeguard Measures
1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to global safeguard measures taken under Article XIX of the GATT 1994 and the Safeguards Agreement.
2. A Party taking a global safeguard measure shall exclude imports of an originating good of the other Party as long as its share of imports of the product concerned in the importing Party does not exceed three per cent of total imports of the concerned product, provided that developing country Members with less than three per cent import share collectively account for not more than nine per cent of total imports of the product concerned.
3. Neither Party shall apply, with respect to the same good, at the same time:
(a) a bilateral or provisional safeguard measure; and
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.
4. Where, as a result of a global safeguard measure, a safeguard duty is imposed, the margin of preference, in accordance with the Schedules of Concessions of the Parties under Chapter 2 (Trade in Goods), shall be maintained.
Section B. Anti-Dumping and Countervailing Duties
Article 7.9. General Provisions
1. The Parties reaffirm their rights and obligations under the provisions of Article VI of GATT 1994; the Agreement on Implementation of Article VI of GATT 1994 (Anti-Dumping Agreement); and the Subsidies and Countervailing Measures Agreement (SCM Agreement).
2. The Parties recognise the right to apply measures consistent with Article VI of GATT 1994, the Anti-Dumping Agreement, and the SCM Agreement, and the importance of promoting transparency in anti-dumping and countervailing duty proceedings and provide the opportunity to interested parties to participate meaningfully in such proceedings.
3. Except as otherwise stipulated in this Article, this Agreement does not confer any additional rights or obligations on the Parties with regard to anti-dumping and countervailing measures including the initiation and conduct of anti-dumping and anti-subsidy investigations as well as the application of anti-dumping and/or countervailing measures.
4. In any proceeding in which the investigating authority of a Party determines to conduct an on-the-spot investigation, the investigating authority shall follow Annex I of the Anti-Dumping Agreement and Annex VI of the SCM Agreement.
Article 7.10. Notification and Consultations
1. On receipt by a Party's competent authority of a properly documented anti-dumping application with respect to imports from the other, the Party shall provide written notification to the other Party as far in advance of its receipt of the application as possible.
2. On receipt by a Party's competent authority of a properly documented countervailing duty application with respect to imports from another Party and before initiating an investigation, the Party shall, as appropriate and in conformity with the procedural rules provided for in the domestic laws and regulations of the Party, provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authority regarding the application.
Article 7.11. Disclosure of Essential Facts
The investigation authority of a Party shall ensure, before a final determination made, disclosure of all essential facts under consideration which form the basis for the decision whether to applying definitive measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments.
Article 7.12. Non-Application of Dispute Settlement
Neither Party shall have recourse to Chapter 14 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.
Section C. Cooperation
Article 7.13. Cooperation
The Parties shall endeavour to encourage cooperation on trade remedies, between the relevant authorities of each Party who have responsibility for trade remedy matters.
Chapter 8. TRADE IN SERVICES
Article 8.1. Definitions
For the purposes of this Chapter:
A juridical person is:
(a) "owned" by persons of a Party if more than 50 percent of the equity interest in it is beneficially owned by persons of that Party;
(b) "controlled" by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; or
(c) "affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person;
A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;
Aircraft repair and maintenance services mean such achv1ties when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
Commercial presence means any type of business or professional establishment through:
(a) the constitution, acquisition or maintenance of a juridical person; or
(b) the creation or maintenance of a branch or representative office within the territory of a Party for the purpose of supplying a service;
Computer reservation system services mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
Juridical person means any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust/fund, partnership, joint venture, sole proprietorship or association;
Juridical person of the other Party means a juridical person which is either:
(a) constituted or otherwise organized under the law of that other Party, and is engaged in substantive business operations in the territory of:
(i) that Party; or
(ii) any Member of the WTO and is owned or controlled by natural persons of that other Party or by juridical persons that meet all the conditions of subparagraph (i)( a); or
(b) in the case of the supply of a service through commercial presence, owned or controlled by:
(i) natural persons of that Party; or
(ii) juridical persons of that other Party identified under subparagraph (i);
Measures by a Party means measures taken by:
(a) central, regional or local governments and authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
In fulfilling its obligations and commitments under the Agreement, each Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non-governmental bodies within its territory;
Measures by a Party affecting trade in services include measures in respect of:
(a) the purchase, payment or use of a service;
(b) 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
(c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;
Monopoly supplier of a service means any person, public or private, which in the relevant market of the territory of a Party is authorized or established formally or in effect by that Party as the sole supplier of that service;
Natural person of the other Party: means a national or a permanent resident (1) of the UAE or Cambodia;
Person means either a natural person or a juridical person; Sector of a service means:
(a) with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party's Schedule; or
(b) otherwise, the whole of that service sector, including all of its sub sectors;
Selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions;
Service consumer means any person that receives or uses a service; Service of the other Party means a service which is supplied:
(a) from or in the territory of that other Party, or in the case of maritime transport, by a vessel registered under the laws of that other Party, or by a person of that other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or
(b) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of that other Party; Service supplier of a Party means any natural or juridical person of a Party that supplies a service; (2)
Services include any service in any sector except services supplied in the exercise of governmental authority;
Supply of a service includes the production, distribution, marketing, sale and delivery of a service; Trade in services is defined as the supply of a service:
(a) from the territory of a Party into the territory of the other Party;
(b) in the territory of a Party to the service consumer of the other Party;
(c) by a service supplier of a Party, through commercial presence in the territory of the other Party; or
(d) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party;
Traffic rights mean the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over the territory of a Party, including points to be served, routes to be operated, types of traffic to be carried, capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership, and control.
Article 8.2. Scope
1. This Chapter applies to measures adopted or maintained by Parties affecting trade in services.
2. This Chapter shall not apply to:
(a) laws, regulations, or requirements governing the procurement by government agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale;
(b) services supplied in the exercise of governmental authority;
(c) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance;
(d) measures affecting natural persons of a Party seeking access to the employment market of the other Party, or measures regarding citizenship, residence or employment on a permanent basis.
Nothing in this Chapter or its Annexes shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, 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 any Party under the terms of a specific commitment; (3)
(e) measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting: (4)
(i) aircraft repair and maintenance services;
(ii) the selling and marketing of air transport services;
(iii) computer reservation system services;