3. Jordan shall limit suspension of U.S. entities based on MRL non-compliance to the responsible entity and only after multiple instances of non-compliance.
4. Jordan shall, upon request, communicate the testing methodologies and marker residues used to determine compliance with MRLs.
1.7. Horticultural Products Market Access
For U.S. market access requests submitted to Jordan after the date of entry into force of this Agreement, Jordan shall complete the market access process and adopt a protocol to allow imports within 18 months of submission.
Intellectual Property
1.8. Geographical Indications (4)
With respect to the protection or recognition of a geographical indication, including pursuant to an international agreement, Jordan shall:
(a) ensure transparent and fair procedures for examination, opposition, and cancellation, including with respect to a translation or transliteration;
(b) provide that the grounds for refusal, opposition, and cancellation include the likelihood of confusion with a prior trademark and whether the term is the term customary in common language as the common name for the relevant good in its territory;
(c) publicly identify which component or components it is protecting and which it is not protecting;
(d) not protect an individual component of a multi-component term that is protected or is recognized as a geographical indication if that individual component is the term customary in common language as the common name for the relevant good in its territory;
(e) not prevent third parties from commercial use of a term, sign, or image based on the evocation of a geographical indication protected or recognized in its territory;
(f) in determining whether a term is the term customary in common language as the common name for the relevant good in its territory, have the authority to take into account how consumers understand the term in its territory and recognize that factors relevant to that consumer understanding may include:
(i) whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites;
(ii) how the good referenced by the term is marketed and used in trade in its territory;
(iii) whether the term is used in relevant international standards to refer to a type or class of good in its territory, such as pursuant to a standard promulgated by Codex;
(iv) whether persons other than the person who claims rights in the term use the term as the name for the type of product in question;
(v) whether the good in question is imported into its territory, in significant quantities, from a place other than the territory identified in the application or petition, and whether those imported goods are named by the term; and
(vi) whether the product associated with the term is manufactured or traded in significant quantities from a place other than the territory identified in the application or petition.
1.9. International Agreements (5)
Jordan shall ratify or accede to each of the following agreements, if it is not already a party to that agreement, and shall fully implement each agreement within five years of the date of entry into force of this Agreement:
(a) Berne Convention for the Protection of Literary and Artistic Works, done at Berne on September 9, 1886, as revised at Paris on July 24, 1971;
(b) Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, done at Brussels on May 21, 1974;
(c) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, as amended on September 26, 1980;
(d) Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on July 2, 1999;
(e) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done at Madrid on June 27, 1989;
(f) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh on June 27, 2013;
(g) Paris Convention for the Protection of Industrial Property, done at Paris on March 20, 1883, as revised at Stockholm on July 14, 1967;
(h) Patent Cooperation Treaty, done at Washington on June 19, 1970, as amended on September 28, 1979, and modified on February 3, 1984;
(i) Patent Law Treaty, done at Geneva on June 1, 2000;
(j) Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006;
(k) International Convention for the Protection of New Varieties of Plants, done at Paris on December 2, 1961, as revised at Geneva on March 19, 1991;
(l) World Intellectual Property Organization (WIPO) Copyright Treaty, done at Geneva on December 20, 1996; and
(m) WIPO Performances and Phonograms Treaty, done at Geneva on December 20, 1996.
Services and Investment
1.10. U.S. Investment Participation
Jordan shall favorably consider requests from U.S. investors to own, contribute, or participate in a percentage up to 100 percent in large-scale investments in the economic activities that are subject to foreign ownership restrictions under Article 11 of Regulation No. (7) for the Year 2023 Regulating the Investment Environment Regulation Issued pursuant to paragraph (A) of Article (51) of the Investment Environment Law No. (21) of the year 2022 (referred to as the “Regulating the Investment Environment Regulation for the year 2023”), or any superseding regulation. (6)
1.11. Services Domestic Regulation
Jordan shall take effective actions to implement the Joint Initiative on Services Domestic Regulation, including submitting its revised Specific Commitments for certification by the WTO, within five years of the date of entry into force of this Agreement.
Transparency and Good Regulatory Practices
1.12. Adoption and Implementation of Good Regulatory Practices
With respect to the adoption and implementation of good regulatory practices at the central level of government, Jordan shall:
(a) ensure that laws, regulations, procedures, and administrative rulings are promptly published and made easily accessible online;
(b) publish and make easily accessible online the text of proposed regulatory actions, as well as any regulatory impact analysis, an explanation of the regulation, and its objective;
(c) conduct public consultations for proposed regulatory actions in a transparent manner; allow adequate time for interested persons, domestic and foreign, to submit comments, taking into account the complexity or possible impact of the proposed regulation; and give consideration to comments received;
(d) give reasonable notice of planned regulatory actions and publish regulatory policy priorities that will be developed, modified, or eliminated in the near term;
(e) use publicly accessible high-quality data, evidence, technical information, and risk assessments, where appropriate, during the planning and development of regulation;
(f) support international regulatory cooperation through the use of, as appropriate, relevant international standards, guides, and recommendations to avoid unnecessary obstacles to trade;
(g) conduct reviews of regulation in effect to determine whether new information or other changes justify modification or repeal of regulation; and
(h) use tools, such as regulatory impact analysis, to assess the need for and possible impacts of regulations, which could also include alternative approaches to regulation, where appropriate.
Labor
1.13. Labor Laws and other Measures
To ensure Jordan’s law and practice protect internationally recognized labor rights, Jordan shall ensure:
(a) foreign workers who exercise their labor rights are not denied approval for subsequent visas on the basis of exercising such rights; and
(b) the fair recruitment of migrant workers, including by ensuring that their recruitment and employment contracts are in accordance with international labor standards.
1.14. Enforcement of Labor Law
To facilitate the effective enforcement of its labor law, Jordan shall:
(a) ensure its labor inspectorate is sufficiently resourced, including with respect to funding, personnel, training, transportation, and equipment; and
(b) increase labor law enforcement in the garment sector, including by funding the ILO’s Better Work Jordan program at previous or increased levels and supporting the independent Migrant Worker Centers.
Environment
1.15. Environmental Law
Jordan shall ensure that its environmental laws and policies provide for, and encourage, high levels of environmental protection.
1.16. Illegal Logging and Associated Trade
Jordan shall take measures to combat, and cooperate to prevent, trade in illegally harvested forest products.
1.17. A More Resource Efficient Economy
Jordan shall take measures to promote a more resource efficient economy. Such measures may include: addressing trade barriers that inhibit a more resource efficient economy; encouraging innovation that promotes circularity, for example through improving resource efficiency in product design; and promoting trade facilitative approaches to enable reverse supply chains.
1.18. Fisheries Subsidies
1. Jordan shall fully implement the obligations of the WTO Agreement on Fisheries Subsidies (AFS), notwithstanding Article 12 of the AFS.
2. Jordan shall ensure its fisheries subsidies do not contribute to overcapacity and overfishing, including through the use of robust fisheries management regimes and reform of such subsidies.
1.19. Sustainable Fisheries Management and Illegal, Unreported, and Unregulated Fishing
1. Jordan shall operate a sustainable fisheries management system that regulates marine wild capture fishing and promotes the long-term conservation of marine species including sharks, sea turtles, seabirds, and marine mammals.
2. Jordan shall strengthen enforcement of fisheries related laws, regulations, and other measures to effectively combat illegal, unreported, and unregulated (IUU) fishing and deter trade in products from IUU fishing, including through:
(a) implementing port state measures, including through actions consistent with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;
(b) adopting or strengthening measures to deter vessels flying its flag and its nationals from engaging in IUU fishing; and
(c) preventing the transshipment at sea of fish caught through IUU fishing or fish products derived from IUU fishing.
1.20. Combating Illegal Wildlife Trade
Jordan shall take measures to combat, and cooperate to prevent, the trade of wild fauna and flora that were taken or traded in violation of that country’s law or another applicable law, including through the following actions:
(a) taking measures to enhance the effectiveness of inspections of shipments containing wild fauna and flora, including parts and products thereof, at ports of entry;
(b) taking measures to combat the trade of wild fauna and flora transshipped through its territory that, based on credible evidence, were illegally taken or traded; and
(c) treating intentional transnational trafficking of wild fauna and flora as a serious crime, as defined in the United Nations Convention against Transnational Organized Crime.
Customs & Trade Facilitation
1.21. Pre-arrival Processing and Risk Management
Jordan shall endeavor to collect and process pre-arrival declaration data electronically for imports of U.S. express shipments and apply risk management systems prior to arrival to facilitate the release of low-risk shipments upon arrival without transfer to a customs bonded warehouse.
1.22. Article 1.22: Electronic Bills of Lading
Jordan shall not deny the legal effect of a bill of lading issued by a private party to another private party for the carriage of goods solely on the basis that the bill of lading is in electronic format.
1.23. Protection of Proprietary Data
Jordan shall protect proprietary data submitted to its customs service by U.S. traders from unauthorized disclosure.
1.24. Electronic Certification (eCert) Data Exchange
Jordan shall establish or maintain a system that receives system-to-system electronic certification (eCert) data exchange from FSIS, and eliminate any barriers preventing the establishment of this exchange. (7)
1.25. Digital Logistics Platforms and Data Security
Jordan shall endeavor to ensure that its ports, port terminals, logistics tracking networks, transport corridors, and commercial transportation fleets use digital logistics platforms that provide appropriate cybersecurity protection, protection against unauthorized disclosure of data, protection against national security risks, and protection against data-access by other foreign governments.
Section 2. Digital Trade and Technology
2.1. Data Transfers
1. Jordan shall provide certainty regarding the ability to move personal data out of its territory to the United States through recognition of the United States as a country or jurisdiction that provides adequate data protection under Jordan’s law, including the Personal Data Protection Law.
2. Jordan shall recognize the Global Cross Border Privacy Rules (CBPR) System certification as a valid mechanism under Jordan’s law to transfer personal data across borders while protecting personal data and reducing compliance costs.