Article 6.7. Conformity Assessment Procedures
1. Each Party shall ensure, whenever possible, that results of conformity assessment procedures in the other Party are accepted, even when those procedures differ from its own, unless those procedures do not offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.
2. A Party shall, on request of the other Party, explain its reason for not accepting the results. The Parties may consult with each other on matters such as the technical competence of the conformity assessments bodies involved.
3. Each Party recognises that, depending on the situation of the Party and the specific sectors involved, a broad range of mechanisms may exist to facilitate the acceptance of the results of conformity assessment procedures conducted in the other Party. Such mechanisms may include, but not limited to:
(a) recognition of cooperative arrangements between accreditation bodies in the territory of each Party;
(b) promotion of mutual recognition of conformity assessment procedures conducted by accredited conformity assessment bodies located in the territory of the other Party;
(c) use of existing regional and international multilateral recognition agreements and arrangements;
(d) designation by the government of a Party of conformity assessment bodies located in the territory of the other Party to perform conformity assessment procedures;
(e) acceptiance of a manufacture’s or supplier’s declaration of conformity where appropriate and mutually agreed; and
(f) other mechanisms as mutually agreed.
Article 6.8. Transparency
1. The Parties recognise the importance of the provisions relating to transparency in the TBT Agreement. In this respect, the Parties shall take into account relevant decisions and recommendations in the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995 (G/TB//Rev.13) and 24 September 2019 (G/TBT/1/Rev.14), as may be revised, issued by the WTO TBT Committee.
2. Each Party affirms its commitment to ensuring that information regarding proposed new or amended technical regulations and conformity assessment procedures is made available in accordance with the relevant requirements of the TBT Agreement.
3. Each Party shall ensure that the information relating to standards, technical regulations and conformity assessment procedures is published. Such information should be made available in electronic form and, where possible, in printed form.
Article 6.9. Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures, consistent with the objectives of this Chapter.
2. Each Party shall, on request of the other Party, give positive consideration to proposals for cooperation on matters of mutual interest on standards, technical regulations and conformity assessment procedures.
3. Such cooperation, which shall be mutually agreed by both Parties, may include:
(a) provision of advice, technical assistance, or capacity building relating to the development and application of standards, technical regulations and conformity assessment procedures;
(b) cooperation between conformity assessment bodies, in the Parties, on matters of mutual interest;
(c) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures, such as enhancing participation in the frameworks for mutual recognition developed by relevant regional and international bodies;
(d) enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;
(e) increasing the mutual understanding of the Parties’ respective systems and mechanisms for standards, technical regulation and conformity assessment procedures;
(f) facilitating trade by good regulatory practices; and
(g) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties.
4. Each Party shall, on request of the other Party, give consideration to sector-specific proposals for cooperation based on mutual benefit under this Chapter.
Article 6.10. Information Exchange and Technical Discussions
1. A Party may request that the other Party provide information on any matter arising under this Chapter. A Party receiving a request under this paragraph shall provide that information within a reasonable period of time, and if possible, by electronic means.
2. Each Party shall give prompt and positive consideration to any request from the other Party for technical discussions on any matter arising from this Chapter.
3. On a request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall agree to enter into technical discussions by notifying the contact points established under Article 6.11 (Contact Points).
4. Technical discussions shall be carried out by the Parties within 30 days of the receipt of the request made under paragraph 1, unless the Parties otherwise agree, with a view to reaching a mutually satisfactory solution of the matter as expeditiously as possible. Technical discussions may be conducted via any means agreed by the Parties.
Article 6.11. Contact Points
1. Each Party shall designate a contact point who will be responsible for coordinating the implementation of this Chapter within 60 days of the date of entry into force of this Agreement.
2. Each Party shall ensure that its contact point facilitate the exchange of information between the Parties on standards, technical regulations and conformity assessment procedures in response to all reasonable requests for such information from the other Party.
3. All communications under this Chapter shall be made through the contact points, including facilitating discussions, requests, and the timely exchange of information on matters arising under this Chapter.
4. Each Party shall promptly notify the other Party of any change to its contact point or the details of the relevant officials.
Article 6.12. Committee on STRACAP
1. The Parties hereby establish a Committee on STRACAP under the Joint Committee, which shall comprise of representatives of each Party.
2. The Committee shall meet as mutually agreed by the Parties. Meetings may be conducted in person, or by any other means as mutually agreed by the Parties.
3. The functions of the Committee may include:
(a) monitoring the implementation and operation of this Chapter;
(b) coordinating cooperation pursuant to Article 6.9 (Cooperation);
(c) facilitating technical discussions;
(d) reporting its findings to the Joint Committee, where appropriate; and
(e) carrying out other functions as may be delegated by the Joint Committee.
Chapter 7. TRADE REMEDIES
Article 7.1. Scope
1. With respect to the UAE, this Chapter shall apply to investigations and measures that are taken under the authority of the Minister of Economy pursuant to Articles 2, 3, 4, and 8 of Federal Law No. 1 of 2017 on Anti-dumping, Countervailing and Safeguard Measures.
2. With respect to Indonesia, this Chapter shall apply to investigations and measures that are taken under the Government Regulation No. 34 of 2011 on Anti-dumping, Countervailing and Safeguard Measures, including its subsequent amendments and replacements.
Article 7.2. Anti-Dumping and Countervailing Measures
General
1. The Parties recognise the right to apply measures consistent with Article VI of the GATT 1994, the Anti-Dumping Agreement, and the SCM Agreement, as well as the importance of promoting transparency in anti-dumping and countervailing duty proceedings and ensuring the opportunity of all interested parties to participate meaningfully in such proceedings.
2. Except for paragraph 4, nothing in this Agreement shall be construed to impose any rights or obligations on a Party with respect to anti dumping or countervailing duty measures.
3. Neither Party may have recourse to dispute settlement under Chapter 16 (Dispute Settlement) for any matter arising under this Article.
Practices Relating to Anti-dumping and Countervailing Duty Proceedings
4. The Parties recognise the following practices as promoting the goals of transparency and due process in anti-dumping and countervailing duty proceedings:
(a) upon receipt by a Party’s investigating authorities of a properly documented anti-dumping or countervailing duty application with respect to imports from the other Party, and no later than 10 days before initiating an investigation, the Party shall provide written notification of its receipt of the application to the other Party.
(b) immediately after a Party accepts an anti-dumping or countervailing duty application, and in any event before the Party initiates an investigation, the Party shall invite the other Party, to hold consultations, with the aim of clarifying the situation as to the matters referred to in the application.
(c) without prejudice to the obligation to afford reasonable opportunity for consultation, these provisions regarding consultations are not intended to prevent the authorities of a Party from proceeding expeditiously with regard to initiating the investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with its laws and regulations.
(d) in any proceeding in which the investigating authorities determine to conduct an on-spot verification of information that is provided by a respondent (9), the investigating authorities shall promptly notify each respondent of their intent, and:
(i) provide to each respondent at least 14 working days advance notice of the dates on which the authorities intend to conduct an on-spot verification of the information; and
(ii) at least seven working days prior to an on-spot verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for the purpose of verification.
(e) if, in an anti-dumping or countervailing duty action that involves imports from the other Party, a Party’s investigating authorities determine that a timely response to a request for information does not comply with the request, the investigating authorities shall inform the interested party that submitted the response of the nature of the deficiency and, to the extent practicable in light of time limits established to complete the anti-dumping or countervailing duty action, provide that interested party with an opportunity to remedy or explain the deficiency. If that interested party submits further information in response to that deficiency and the investigating authorities find that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authorities disregard all or part of the original and subsequent responses, the investigating authorities shall explain in the determination or otherwise in writing the reasons for disregarding the information.
(f) without prejudice to paragraph 5 of Article 6 of the Anti Dumping Agreement and paragraph 4 of Article 12 of the SCM Agreement, the investigating authorities shall ensure that in any case before the determination is made, full and meaningful disclosure to interested parties of all essential facts and considerations which form the basis for the decision to apply measures. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments.
(g) the disclosure of the essential facts shall contain in particular:
(i) in the case of an anti-dumping investigation, the margins of dumping established, a sufficiently detailed explanation of the basis and methodology upon which normal values and export prices were established, and of the methodology used to compare the normal values and export prices, including any adjustments;
(ii) in the case of a countervailing duty investigation, the determination of countervailable subsidization, including sufficient details on the calculation of the amount and methodology followed to determine the existence of subsidization; and
(iii) information relevant to the determination of injury, including information concerning the volume of the dumped or subsidised imports and the effect of the dumped or subsidised imports on prices in the domestic market for like goods, the detailed methodology used in the calculation of price undercutting, the consequent impact of the dumped or subsidised imports on the domestic industry, and the demonstration of a causal relationship, including the examination of factors other than the dumped or subsidised imports.
Article 7.3. Bilateral Safeguard Measures
Definitions
1. For the purposes of this Article:
(a) bilateral safeguard measure means a measure described in paragraph 2.
(b) domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating within the territory of a Party, or those producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of that good;
(c) serious injury means a significant overall impairment in the position of a domestic industry;
(d) 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;
(e) transition period means, in relation to a particular good, the period of the staged tariff elimination for that good; and
General
2. 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 that the imports of such originating good from the other Party causes serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the Party may:
(a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement;
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
(i) the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; or
(ii) the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force.
Notification and Consultation
3. Each Party shall notify the other Party in writing in the English language:
(a) immediately on initiation of an investigation described in paragraph 5;
(b) immediately upon making a finding of serious injury or threat thereof caused by increased imports;
(c) before applying provisional measures pursuant to paragraph 12; and
(d) no less than 20 days in advance of applying a definitive safeguard measure or extending a bilateral safeguard measure.
4. Each Party shall consult with the other Party as far, in advance of applying a bilateral safeguard measure, as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.
Conditions and Limitations
5. Each Party shall apply a bilateral safeguard measure only following an investigation by the Party’s competent authorities in accordance with Articles 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement, and to this end, Articles 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.
6. In the investigation described in paragraph 5, the Party shall comply with the requirements of subparagraph 2(a) of Article 4 of the Safeguards Agreement, and to this end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
7. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.
8. Neither Party may apply a bilateral 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 authorities 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 bilateral 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.
9. No bilateral safeguard measure shall be applied to the import of a product which has been previously subject to such measure for a period of time equal to the period during which the previous measure was applied.
10. When the expected duration of the bilateral safeguard measure is greater than one year, the importing Party shall progressively liberalise it at regular intervals.
11. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to the Party’s Schedule in Annex 2A (Schedule of Tariff Commitments), would have been in effect but for the measure.
Provisional Measures
12. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities 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 imports have caused serious injury, or threat thereof, to the domestic industry.
13. If a Party’s competent authorities make a preliminary determination, the Party shall make such determination available to interested parties, and shall provide interested parties at least 15 days after such disclosure to comment and submit their arguments with respect to such determinations. A Party may not apply a provisional measure until at least 45 days after the date its competent authorities initiate an investigation.
14. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 5 and 6.
15. A Party shall promptly refund any tariff increases if the investigation described in paragraph 5 does not result in a finding that the requirements of paragraph 2 are met. The duration of any provisional measure shall be counted as part of the period described in subparagraph 8(b).
Compensation
16. No later than 30 days after it applies a bilateral safeguard measure, a Party shall afford an opportunity for the other Party to consult with it regarding appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The applying Party shall provide such compensation as the Parties mutually agree.
17. If the Parties are unable to agree on compensation within 30 days after consultations begin, the Party against whose originating good the measure is applied may suspend the application of concessions with respect to originating goods of the applying Party that have trade effects substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects.
18. A Party against whose originating good the bilateral safeguard measure is applied shall notify the Party applying the bilateral safeguard measure in writing at least 30 days before it suspends concessions in accordance with paragraph 17.
19. The right of suspension referred in paragraph 17 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure has been applied as a result of an absolute increase in imports and conforms to the provisions of this Agreement.
20. The applying Party’s obligation to provide compensation under paragraph 16 and the other Party’s right to suspend concessions under paragraph 17 shall terminate on the date the bilateral safeguard measure terminates.
Article 7.4. Global Safeguard Measures
1. The Parties maintain their rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement.
2. Actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement shall not be subject to Chapter 16 (Dispute Settlement).
3. Neither Party may apply, with respect to the same good, at the same time:
(a) a bilateral safeguard measure as provided in Article 7.3 (Bilateral Safeguard Measures); and
(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement.
Article 7.5. Committee on Trade Remedies
1. The Parties hereby establish a Committee on Trade Remedies, under the Joint Committee, which shall comprise of representatives at an appropriate level from the relevant authorities of each Party who have responsibility for trade remedies matters.
2. The Committee shall meet as and when necessary upon agreement by the Parties.
Article 7.6. Cooperation In Trade Remedies Investigations
The Parties’ shall seek to cooperate within the context of this Chapter with a view to, inter alia:
(a) enhance each Party’s knowledge and understanding of the other Party’s trade remedy laws, policies, and practices;
(b) oversee the implementation of this Chapter;
(c) improve cooperation between the Parties’ authorities having responsibility for trade remedy matters;
(d) provide a forum for the Parties to exchange information, to the extent possible, on issues relating to anti-dumping, subsidies and countervailing measures; and to discuss other relevant topics of mutual interest as the Parties may agree;
(e) develop educational programs related to the administration of trade remedy laws and regulations; and
(f) enhance the Parties knowledge and understanding of anti circumvention in the implementation of anti-dumping and countervailing duty measures.
Article 7.7. Use of the English Language
In order to ensure the maximum efficiency for the application of the trade remedies rules under this Chapter, the investigating authorities of each Party should use the English language for communications (10) issued in the context of trade remedies investigations between the Parties.
Chapter 8. TRADE IN SERVICES
Article 8.1. Definitions
For the purposes of this Chapter:
(a) commercial presence means any type of business or professional establishment, including through:
(i) the constitution, acquisition or maintenance of a juridical person; or
(ii) the creation or maintenance of a branch or representative office within the territory of a Party for the purpose of supplying a service;
(b) juridical person means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
(c) juridical person of the other Party means a juridical person which is either:
(i) constituted or otherwise organised under the law of that other Party, and is engaged in substantive business operations in the territory of:
(a) that Party; or
(b) 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
(ii) in the case of the supply of a service through commercial presence, owned or controlled by:
(a) natural persons of that Party; or
(b) juridical persons of that other Party identified under subparagraph (i);
(d) a juridical person is:
(i) "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;
(ii) "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
(iii) "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;