Title

AGREEMENT ON TRADE IN SERVICES AND INVESTMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES

Preamble

PREAMBLE

The Government of the Russian Federation and the Government of the United Arab Emirates (hereinafter referred to as the "UAE"), hereinafter being referred to individually as a "Party" and collectively as the "Parties";

RECOGNISING the strong economic and political ties between the Parties, and wishing to strengthen these links through the creation of a free trade area covering services and investments, thus establishing closer and lasting relations;

ACKNOWLEDGING the mutual desire of the Parties to conclude an agreement on trade in services and investment facilitation;

TAKING INTO ACCOUNT the Economic Partnership Agreement between the Eurasian Economic Union and its Member States, of the one part, and the United Arab Emirates, of the other part, of 27 June 2025;

DETERMINED to build on their respective rights and obligations under the GATS and other relevant WTO Agreements, as well as Agreement between the Government of the Russian Federation and the Government of the United Arab Emirates on the promotion and reciprocal protection of investments, of 28 June 2010;

CONSCIOUS of the dynamic and rapidly changing global environment that presents various economic and strategic challenges and opportunities to the Parties;

DETERMINED to eliminate barriers to trade in services and facilitate investment flows between the Parties, lower business costs, enhance economic efficiency and create favourable conditions for greater economic cooperation and mutual benefit;

AIMING to promote transfer of technology and expand trade in services and investment;

CONVINCED that the establishment of a free trade area covering services and investment will provide a more favourable climate for the promotion and development of economic and trade relations between the Parties;

AIMING to establish a clear, transparent, and predictable legal and commercial framework for business planning, that supports further expansion of bilateral trade in services and investment flows;

RECOGNIZING that the promotion of investments will be conducive to stimulating business initiative and increasing prosperity in the Parties;

HAVE AGREED as follows:

Body

Chapter 1. INITIAL PROVISIONS AND GENERAL DEFINITIONS

Article 1.1. Establishment of a Free Trade Area

The Parties hereby establish a free trade area covering services and investments, in accordance with Article V of the General Agreement on Trade in Services ("GATS").

Article 1.2. Objectives

The objectives of this Agreement are to liberalise and facilitate trade in services and investments between the Parties in accordance with the provisions of this Agreement. For the purposes of this Agreement:

Article 1.3. General Definitions

1. The term "days" means calendar <lays, including weekends and holidays;

2. The term "direct taxes" means all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, aml laxes on the Lola[ amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation;

3. The term "GATS" means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement;

4. The term "IMF" means the International Monetary Fund;

5. The term "Joint Committee" means the Joint Committee established pursuant to Article 6.1 of this Agreement;

6. The term "laws and regulations" means the laws and other regulations of the Russian Federation or the laws and other regulations of the United Arab Emirates;

7. The term "measure" means any measure, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

8. The term "measures by Parties" 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;

9. The term "person" means either a natural person or a juridical person;

10. The term "territory" means:

(a) the territory of the Russian Federation, as well as the exclusive economic zone and the continental shelf, adjacent to the outer limits of the territorial sea of the Russian Federation, over which it exercises in accordance with the international law sovereign rights and jurisdiction for the purposes of exploration, exploitation and conservation of natural resources:

(b) the territory of the United Arab Emirates and the airspace above it, as well as areas outside the territorial waters, and the submarine areas over which the United Arab Emirates exercises, in accordance with international law and the law of the United Arab Emirates, sovereign rights or jurisdiction in connection with the exploration or the exploitation of natural resources;

11. The term "WTO" means the World Trade Organization

12. The term "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Chapter 2. GENERAL PROVISIONS

Article 2.1. Regional and Local Governments

In fulfilling its obligations and commitments under this 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 by non-governmental bodies within its territory.

Article 2.2. Confidential Information

1. Each Party shall, m accordance with its laws and regulations, maintain the confidentiality of information provided by the other Party pursuant to this Agreement and designated as confidential by the latter Party.

2. Nothing in this Agreement shall require any Party to provide confidential information, the disclosure of which would impede law enforcement of the Party, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of any enterprise.

Article 2.3. Review of the Agreement

The Parties undertake to review this Agreement, or any of its provisions, or Schedules of Specific Commitments or Lists of MFN Exemptions in the light of further developments in international economic relations, inter alia, within the framework of the WTO, and to examine in this context and in the light of any relevant factor the possibility of further developing and deepening their cooperation under this Agreement and to extend it to areas not covered therein. The Joint Committee may, where appropriate, make recommendations to the Parties, particularly with a view to opening up negotiations. The first such review of the Parties' Schedules of Specific Commitments or Lists of MFN Exemptions shall take place no later than 5 years after the entry into force of this Agreement.

Article 2.4. Cooperation

The Parties shall endeavour lo agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation to arrive at a mutually satisfactory resolution of any matter that might affect its operation. The Parties may agree on joint interpretations of the provisions of this Agreement, which shall be binding upon the Parties and arbitration panels established under this Agreement.

Article 2.5. General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by the other Party of measures:

(a) necessary to protect public morals or to maintain public order; (1)

(b) necessary to protect human, animal or plant life or health;

(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii) safety;

(d) inconsistent with Article 4.6 of this Agreement, provided that the difference in treatment is aimed at ensuring the equitable or effective (2) imposition or collection of direct taxes in respect of services or service suppliers of the other Party;

(e) inconsistent with Article 4.4 of this Agreement, provided that the difference in treatment is the result of an agreement on the avoidance of double taxation or provisions on the avoidance of double taxation in any other international agreement or arrangement by which the Party is bound.

Article 2.6. Security Exceptions

Nothing in this Agreement shall be construed:

(a) to require any 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 the traffic in arms, ammunition and implements of war and lo such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

(ii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;

(iii) relating to fissionable and fusionable materials or the materials from which they are derived;

(iv) taken in time of 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.

Chapter 3. INVESTMENT FACILITATION

Article 3.1. Russian Federation-UAE Bilateral Investment Treaty

The Parties reaffirm the Agreement between the Government of the Russian Federation and the Government of the United Arab Emirates and the Protocol thereto, signed at Moscow on 28 June 2010 ("Agreement between the Government of the Russian Federation and the Government of the United Arab Emirates on the Promotion and Reciprocal Protection of Investments"). The Parties also reaffirm their willingness to improve the Agreement between the Government of the Russian Federation and the Government of the United Arab Emirates on the Promotion and Reciprocal Protection of Investments.

Article 3.2. Investment Facilitation Arrangements

Both Parties agree that until the date of its entry into force the investment Facilitation for Development Agreement ( as reflected in WTO document INF /IFD/W /5 5), except Articles 11, 27-36, 39, 44 and 45 of the Investment Facilitation for Development Agreement, shall apply between the Parties in respect of the matters covered by Article 2 of the Investment Facilitation for Development Agreement.

Article 3.3. Technical Council

The Parties shall establish a Russian Federation-United Arab Emirates Council on Investment ("the Council"), which shall be composed of representatives of both Parties. From the Russian Federation side, it will be chaired by Deputy Minister of Economy: Development of the Russian Federation or his representative. The Council may establish working groups as the Parties deem necessary and from the United Arab Emirates side it will be chaired by an Undersecretary of the Ministry of Investment of the United Arab Emirates or his representative.

Article 3.4. The Work of the Council

1. The objectives of the Council are as follows:

(a) to monitor investment relations, to identify opportunities for expanding investments, and to identify issues relevant to investments that may be appropriate for negotiations in an appropriate forum;

(b) to consult on the means to promote and enhance the economic cooperation, including the investment flows between the Parties;

(c) to identify and work toward the removal of impediments to bilateral investment flows; and

(d) to seek the views of the private sector, where appropriate, on matters referred to in subparagraphs (a)-(c) of this paragraph.

2. The Council shall meet at such times and venues as agreed by the Parties shall endeavor to meet no less than once per year. A Party may refer a specific investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The requesting Party will compile the agenda of the meeting and send it to the other Party for comment and approval. The Council shall take up the matter promptly after the request is delivered unless the requesting Party agrees to postpone discussion of the matter.

Article 3.5. Non-Application of Dispute Settlement

This Chapter shall not be subject to Chapter 5 of this Agreement.

Chapter 4. TRADE IN SERVICES

Article 4.1. Definitions

For the purposes of lhis Chapler:

1. The term "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;

2. The term "aircraft repair and maintenance services" means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and does not include so-called line maintenance;

3. The term "airport operation and management services" means the supply of air terminal, airfield and other airport infrastructure operation services. Airport operation services do not include air navigation services;

4. The term "commercial presence" means any type of business or professional establishment, including 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;

5. The term "computer reservation system (CRS) services" means 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;

6. The term "ground handling services" means the supply at an airport of the following: airline representation, administration and supervision; passenger handling, luggage handling, air cargo and mail handling, fuelling of an aircraft, aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning. Ground handling services do not include catering; ramp services; self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure such as handling systems, and fixed intra-airport transport systems;

7. The term "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;

8. The term "juridical person of a Party" means a juridical person which is either: 

(a) constituted or otherwise organised under the law of that Party, and is engaged in substantive business operations in the territory:

(i) of that Party, or

(ii) of any third country provided that it is owned or controlled by persons of that Party; 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 (n) of this paragraph;

9. 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;

10. The term "measures by Parties" means measures taken by:

(a) central, regional or local governments and authorities; or

(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

11. The term "measures by Parties affecting trade in services" includes 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;

12. The term "monopoly supplier of a service" means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;

13. The term "natural person of a Party" means:

(a) in respect of the Russian Federation: a national of the Russian Federation under its laws and regulations;

(b) in respect of the UAE:

(i) a national of the UAE under its laws and regulations; or

(ii) a permanent resident of the UAE who is a national of a WTO Member and who holds a valid "Golden Visa" under UAE's laws and regulations;

14. The term "person" means either a natural person or a juridical person;

15. The term "sector of a service" means:

(a) with reference to a specific commilmeul, one or more, or all, subseclors of that service, as specified in a Parly's Schedule; or

(b) otherwise, the whole of that service sector, including all of its subseetors;

16. The term "selling and marketing of air transport services" means 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;

17. The term "services" includes any service in any sector except services supplied in the exercise of governmental authority;

18. Tlte term "service consumer" means any person that receives or uses a service;

19. The term "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;

20. The term "service supplier" means any person that seeks to supply or supplies a service (3),

21. The term "supply of a service" includes the production, distribution, marketing, sale and delivery of a service;

22. The term "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 Parly lo 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;

(d) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party;

23. The term "traffic rights" means 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 4.2. Scope

1. This Chapter applies to measures by Parties affecting trade in services.

2. This Chapter shall not apply to:

(a) measures governing the procurement by governmental 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) measures affecting air traffic rights, however granted, or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting:

(i) aircraft repair and maintenance services;

(ii) the selling and marketing of air transport services;

(iii) computer reservation system (CRS) services;

(iv) airport operation and management services; or

(v) ground-handling services;