(c) making recommendations on the cooperation activities under this Chapter, in accordance with the strategic priorities of the Parties; and
(d) review, through regular reporting from each Party, the operation of this Chapter and the application and fulfillment of its objectives.
Chapter 17. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 17.1. Establishment of the Trans-Pacific Strategic Economic Partnership Commission
The Parties hereby establish a Trans-Pacific Strategic Economic Partnership Commission (Commission) which may meet at the level of Ministers or senior officials, as mutually determined by the Parties. Each Party shall be responsible for the composition of its delegation.
Article 17.2. Functions of the Commission
1. The Commission shall:
(a) consider any matters relating to the implementation of this Agreement;
(b) review within 2 years of entry into force of this Agreement and at least every 3 years thereafter the economic relationship and partnership among the Parties, consider any proposal to amend this Agreement or its Annexes and otherwise oversee the further elaboration of this Agreement;
(c) supervise the work of all Committees and working groups established under this Agreement;
(d) explore measures for the further expansion of trade and investment among the Parties and identify appropriate areas of commercial, industrial and technical cooperation between relevant enterprises and organisations of the Parties; and
(e) consider any other matter that may affect the operation of this Agreement.
2. The Commission may:
(a) establish committees and working groups, refer matters to any committee or working group for advice, and consider matters raised by any committee or working group;
(b) further the implementation of the Agreement's objectives by approving any modifications (1) of, inter alia:
(i) the Schedules contained in Annex I (Elimination of Customs Duties), by accelerating the elimination of customs duties;
(ii) the rules of origin established in Annex II (Specific Rules of Origin); or
(iii) the lists of entities and covered goods and services and thresholds contained in Annexes 11.A and 11.C of the Chapter 11 (Government Procurement).
(c) further the implementation of the Agreement's objectives through Implementing Arrangements;
(d) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;
(e) seek the advice of non-governmental persons or groups on any matter falling within its responsibilities where this would help the Commission make an informed decision; and
(f) take such other action in the exercise of its functions as the Parties may agree.
Article 17.3. Rules of Procedure of the Commission
1. The Commission may take decisions on any maiter within its functions as set out in Article 17.2 by mutual agreement of those Parties present at the meeting of the Commission. Any decision affecting a Party shall only be taken by the Commission with the express agreement of that Party.
2. The Commission shall convene annually, or at such other times as the Parties may mutually agree. Annual sessions of the Commission shall be chaired successively by each Party. Other sessions of the Commission shall be chaired by the Party convening the meeting.
3. The Party chairing a session of the Commission shall provide any necessary administrative support for such session. Decisions of the Commission shall be notified to the Parties by the Party chairing that session of the Commission.
Chapter 18. GENERAL PROVISIONS
Article 18.1. Annexes and Footnotes
The Annexes and footnotes to this Agreement shall constitute an integral part of this Agreement.
Article 18.2. Relation to other International Agreements
Nothing in this Agreement shall derogate from the existing rights and obligations of a Party under the WTO Agreement or any other multilateral or bilateral agreement to which it is a party.
Article 18.3. Succession of Treaties or International Agreements
Any reference in this Agreement to any other treaty or international agreement shall be made in the same terms to its successor treaty or international agreement to which a Party is party.
Article 18.4. Application
Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by local government and authorities. (1)
Article 18.5. Distinctive Products
1. The Parties shall endeavour after one year following the entry into force of this Agreement, that they will consider the recognition of distinctive products. (2)
2. If any Party grants in the future to a third party recognition of distinctive products, it shall extend this recognition automatically to it on a non discrminatory basis.
Article 18.6. Disclosure of Information
Nothing in this Agreement shall be construed to require any Party to furnish or allow access to information the disclosure of which it considers would:
(a) be contrary to the public interest as determined by its legislation;
(b) be contrary to any of its legislation including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;
(c) impede law enforcement; or
(d) which would prejudice legitimate commercial interests of particular enterprises, public or private.
Article 18.7. Confidentiality
Where a Party provides information to another Party in accordance with this Agreement and designates the information as confidential, the other Party shall maintain the confidentiality of the information. Such information shall be used only for the purposes specified, and shall not be otherwise disclosed without the specific permission of the Party providing the information, except to the extent that it may be required to be disclosed in the context of judicial proceedings.
Chapter 19. GENERAL EXCEPTIONS
Article 19.1. General Exceptions
1. For the purposes of Chapters 3 through 8 (Trade in Goods, Rules of Origin, Customs Procedures, Sanitary and Phytosanitary Measures, Technical Barriers to Trade and Trade Remedies), Article XX of GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis.
2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
3. For greater certainty, the Parties understand that the measures referred to in Article XX(f} of GATT 1994 include measures necessary to protect specific sites of historical or archaeological value, or to support creative arts of national value. (1)
4. For the purposes of Chapter 12 (Trade in Services), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health.
5. For the purposes of Chapter 12 (Trade in Services), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties 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 a Party of measures necessary to protect national works or specific sites of historical or archaeological value, or to support creative arts of national value.
Article 19.2. Security Exceptions 1. Nothing In this Agreement Shall Be Construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to prevent a Party from taking any actions which it considers necessary for the protection of its essential security interests (2)
(i) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials or relating to the supply of services as carried on, directly or indirectly, for the purpose of supplying or provisioning a military establishment,
(ii) taken in time of war or other emergency in international relations, or
(iii) relating to fissionable and fusionable materials or the materials from which they are derived; 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.
2. The Commission shall be informed to the fullest extent possible of measures taken under Subparagraphs 1(b) and (c) and of their termination.
Article 19.3. Measures to Safeguard the Balance of Payments
1. Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may adopt or maintain restrictive measures with regard to trade in goods and in services including on payments and transfers.
2. Restrictions adopted or maintained under Paragraph 1 shall:
(a) be consistent with the conditions established in the WTO Agreement and consistent with the Articles of Agreement of the International Monetary Fund;
(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Parties;
(c) not exceed those necessary to deal with the circumstances described in Paragraph 1;
(d) be temporary and be phased out progressively as the situation specified in Paragraph 1 improves; and
(e) be applied on a non discriminatory basis.
3. In determining the incidence of such restrictions, the Parties may give priority to economic sectors which are more essential to their economic development. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular sector.
4. Any restrictions adopted or maintained by a Party under paragraph 1, or any changes therein, shall be promptly notified to the other Party.
5. The Party adopting or maintaining any restrictions under paragraph 1 shall promptly commence consultations with the other Parties in order to review the measures adopted or maintained by it.
Article 19.4. Taxation Measures 1. for the Purposes of this Article:
tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and
taxation measures do not include a "customs duty" as defined in Article 2.1 (Definitions of General Application).
2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
3. This Agreement shall only grant rights or impose obligations with respect to taxation measures where corresponding rights or obligations are also granted or imposed under Article Ill of GATT 1994 and, with respect to services, Articles | and XIV (d) of GATS where applicable.
4. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention in force between the Parties. In the event of any inconsistency relating to a taxation measure between this Agreement and such tax convention, the latter shall prevail to the extent of the inconsistency. In the case of
a tax convention between the Parties, the competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention.
Article 19.5. Treaty of Waitangi
1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods and services, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement including in fulfilment of its obligations under the Treaty of Waitangi.
2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 15 (Dispute Settlement) shall otherwise apply to this Article. An arbitral tribunal established under Article 15.6 (Establishment of an Arbitral Tribunal) may be requested by Brunei Darussalam, Chile or Singapore to determine only whether any measure (referred to in Paragraph 1) is inconsistent with their rights under this Agreement.
Chapter 20. FINAL PROVISIONS
Article 20.1. Investment Negotiations
Unless otherwise agreed, no later than 2 years after entry into force of this Agreement the Parties shall commence negotiations with a view to including a chapter on investment in this Agreement on a mutually advantageous basis.
Article 20.2. Financial Services Negotiations
Unless otherwise agreed, no later than 2 years after the entry into force of this Agreement the Parties shall commence negotiations with a view to including a self-contained chapter on financial services in this Agreement on a mutually advantageous basis.
Article 20.3. Signature
1. This Agreement shall be open for signature by Brunei Darussalam, Chile, New Zealand and Singapore and shall remain open for signature for a period of 6 months from 15 June 2005.
2. This Agreement shall be subject to ratification, acceptance or approval by signatories.
Article 20.4. Entry Into Force
1. This Agreement shall enter into force on 1 January 2006 for those signatories which have deposited an Instrument of Ratification, Acceptance or Approval provided that at least two signatories have deposited such instrument by that date.
2. In the event that only one signatory has deposited an Instrument of Ratification, Acceptance or Approval before 1 January 2006, this Agreement shall enter into force 30 days after the deposit of the second such instrument.
3. For signatories that deposit an Instrument of Ratification, Acceptance or
Approval after 1 January 2006, the Agreement shall enter into force 30 days following the date of deposit of such instrument.
Article 20.5. Brunei Darussalam
1. Subject to Paragraphs 2 to 6, this Agreement shall be provisionally applied in respect of Brunei Darussalam from 1 January 2006, or 30 days after the deposit of an instrument accepting provisional application of this Agreement, whichever is the later.
2. The provisional application referred to in Paragraph 1 shall not apply to Chapter 11 (Government Procurement) and Chapter 12 (Trade in Services).
3. The obligations of Chapter 9 (Competition Policy) shall only be applicable to Brunei Darussalam if it develops a competition law and establishes a competition authority. Notwithstanding the above, Brunei Darussalam shall adhere to the APEC Principles to Enhance Competition and Regulatory Reform.
4. The Commission shall consider whether to accept the Annexes for Brunei Darussalam under Chapter 11 (Government Procurement) and Chapter 12 (Trade in Services), no later than two years after the entry into force of this Agreement in accordance with Article 20.4(1) or (2), unless the Commission otherwise agrees to a later date.
5. Upon a decision of the Commission accepting the Annexes referred to in Paragraph 4, Brunei Darussalam shall deposit an Instrument of Ratification, Acceptance or Approval within two months of the decision by the Commission. The Agreement shall enter into force for Brunei Darussalam 30 days after the deposit of such instrument
6. Unless the Commission decides otherwise, if the conditions in Paragraph 4 or 5 are not met, the Agreement shall no longer be provisionally applied to Brunei Darussalam.
Article 20.6. Accession
1. This Agreement is open to accession on terms to be agreed among the Parties, by any APEC Economy or other State. The terms of such accession shall take into account the circumstances of that APEC Economy or other State, in particular with respect to timetables for liberalisation.
2. The agreement on the terms of accession shall enter into force 30 days
following the date of deposit with the depositary of an Instrument of Accession which indicates acceptance or approval of such terms.
Article 20.7. Amendments 1. the Parties May Agree on Any Modification of or Addition to this Agreement.
2. When so agreed, and approved in accordance with the applicable legal procedures of each Party, a modification or addition shall constitute an integral part of this Agreement.
3. If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement.
Article 20.8. Withdrawal
Any Party may withdraw from this Agreement. Such withdrawal shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Depositary. If a Party withdraws, the Agreement shall remain in force for the remaining Parties. Article 20.9: Depositary State and Functions
1. The original of this Agreement shall be deposited with the Government of New Zealand which is hereby designated as the Depositary of this Agreement.
2. The Depositary shall transmit certified copies of this Agreement and any amendments to this Agreement to all signatory States, acceding APEC Economies and other acceding States.
3. The Depositary shall notify all signatory States, acceding APEC Economies and other acceding States of:
(a) each signature, ratification, acceptance, approval or accession to this Agreement in accordance with Articles 20.3, 20.4, and 20.6;
(b) the instrument accepting provisional application in accordance with Article 20.5;
(c) the respective dates on which the Agreement enters into force in accordance with Article 20.4, 20.5 and 20.6; and
(d) any notification of withdrawal received in accordance with Article 20.8.
4. Following entry into force of this Agreement, the Depositary shall transmit a certified true copy of this Agreement to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. The Depositary shall likewise transmit certified true copies of any amendments which enter into force.
Article 20.10. Authentic Texts
The English and Spanish texts of this Agreement are equally authentic. In the event of divergence, the English text shall prevail.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE at, ...............ON ...............2005
For Brunei Darussalam
For the Republic of Chile
For New Zealand
For the Republic of Singapore