Australia - Indonesia Comprehensive Economic Partnership Agreement (2019)
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(c) not making available, on a timely basis, to other suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information that are necessary for them to provide services.

3. For greater certainty, nothing in this Article shall prevent a Party from maintaining measures for the purpose of preventing anti-competitive practices by suppliers of public telecommunications networks or services who are not major suppliers.

3. For greater certainty, nothing in this Article shall prevent a Party from maintaining measures for the purpose of preventing anti-competitive practices by suppliers of public telecommunications networks or services who are not major suppliers.

Article 11.9. Resale

Article 11.9. Resale

1. No Party shall introduce or maintain laws or regulations that prohibit the resale of any public telecommunications service. (8)

1. No Party shall introduce or maintain laws or regulations that prohibit the resale of any public telecommunications service. (8)

2. Each Party shall endeavour to promote resale of public telecommunication services subject to its laws and regulations.

2. Each Party shall endeavour to promote resale of public telecommunication services subject to its laws and regulations.

3. Each Party may determine, in accordance with its laws and regulations, which public telecommunications services must be offered for resale by suppliers of public telecommunications services, based on the need to promote competition or to benefit the long-term interests of end-users.

3. Each Party may determine, in accordance with its laws and regulations, which public telecommunications services must be offered for resale by suppliers of public telecommunications services, based on the need to promote competition or to benefit the long-term interests of end-users.

4. Where a Party requires resale in accordance with paragraph 3, each Party shall ensure that any supplier of public telecommunications services in its territory:

4. Where a Party requires resale in accordance with paragraph 3, each Party shall ensure that any supplier of public telecommunications services in its territory:

(a) offers for resale at, reasonable rates that are transparent and non- discriminatory, to suppliers of public telecommunications services of the other Party, public telecommunications services that the supplier provides at retail to end-users; and

(a) offers for resale at, reasonable rates that are transparent and non- discriminatory, to suppliers of public telecommunications services of the other Party, public telecommunications services that the supplier provides at retail to end-users; and

(b) does not impose unreasonable or discriminatory conditions or limitations on the resale of those services.

(b) does not impose unreasonable or discriminatory conditions or limitations on the resale of those services.

(8) For greater certainty, paragraph 1 does not limit the right for the Parties to otherwise regulate resale.
(8) For greater certainty, paragraph 1 does not limit the right for the Parties to otherwise regulate resale.

Article 11.10. Unbundling of Network Elements

Article 11.10. Unbundling of Network Elements

1. Subject to paragraph 2, each Party shall ensure that suppliers of public telecommunications networks or services in its territory offer to other suppliers of public telecommunications networks or services access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory and transparent, for the supply of public telecommunications services.

1. Subject to paragraph 2, each Party shall ensure that suppliers of public telecommunications networks or services in its territory offer to other suppliers of public telecommunications networks or services access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory and transparent, for the supply of public telecommunications services.

2. Each Party may determine, in accordance with its laws and regulations, the network elements in its territory to which it requires access under paragraph 1. When a Party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such network elements can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

2. Each Party may determine, in accordance with its laws and regulations, the network elements in its territory to which it requires access under paragraph 1. When a Party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such network elements can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

Article 11.11. Interconnection with Major Suppliers General Terms and Conditions

Article 11.11. Interconnection with Major Suppliers General Terms and Conditions

General Terms and Conditions

General Terms and Conditions

1. Each Party shall ensure that any major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications networks or services of the other Party:

1. Each Party shall ensure that any major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications networks or services of the other Party:

(a) at any technically feasible point in the major supplier’s network;

(a) at any technically feasible point in the major supplier’s network;

(b) under non-discriminatory terms, conditions (including technical standards and specifications) and rates;

(b) under non-discriminatory terms, conditions (including technical standards and specifications) and rates;

(c) of a quality no less favourable than that provided by the major supplier for its own like services, for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates;

(c) of a quality no less favourable than that provided by the major supplier for its own like services, for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates;

(d) in a timely manner, on terms and conditions (including technical standards and specifications), and at cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers are not required to pay for network components or facilities that they do not require for the service to be provided; and

(d) in a timely manner, on terms and conditions (including technical standards and specifications), and at cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers are not required to pay for network components or facilities that they do not require for the service to be provided; and

(e) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

(e) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

Options for Interconnecting with Major Suppliers

Options for Interconnecting with Major Suppliers

2. Each Party shall ensure that any major supplier in its territory provides suppliers of public telecommunications services of the other Party with the opportunity to interconnect their facilities and equipment with those of the major supplier through at least one of the following options:

2. Each Party shall ensure that any major supplier in its territory provides suppliers of public telecommunications services of the other Party with the opportunity to interconnect their facilities and equipment with those of the major supplier through at least one of the following options:

(a) a reference interconnection offer or another standard interconnection offer containing the rates, terms and conditions that the major supplier offers generally to suppliers of public telecommunications services;

(a) a reference interconnection offer or another standard interconnection offer containing the rates, terms and conditions that the major supplier offers generally to suppliers of public telecommunications services;

(b) the terms and conditions of an interconnection agreement that is in effect; or

(b) the terms and conditions of an interconnection agreement that is in effect; or

(c) the terms and conditions set by a Party’s telecommunications regulatory body or other competent body.

(c) the terms and conditions set by a Party’s telecommunications regulatory body or other competent body.

3. In addition to the options provided in paragraph 2, each Party shall ensure that suppliers of public telecommunications services of the other Party have the opportunity to interconnect their facilities and equipment with those of the major supplier through the negotiation of a new interconnection agreement.

3. In addition to the options provided in paragraph 2, each Party shall ensure that suppliers of public telecommunications services of the other Party have the opportunity to interconnect their facilities and equipment with those of the major supplier through the negotiation of a new interconnection agreement.

Public Availability of Interconnection Offers

Public Availability of Interconnection Offers

4. Each Party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.

4. Each Party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.

5. Each Party shall provide means for suppliers of the other Party to obtain the rates, terms and conditions necessary for interconnection offered by a major supplier. Those means include, at a minimum, ensuring:

5. Each Party shall provide means for suppliers of the other Party to obtain the rates, terms and conditions necessary for interconnection offered by a major supplier. Those means include, at a minimum, ensuring:

(a) the public availability of rates, terms and conditions for interconnection with a major supplier set by the telecommunications regulatory body or other competent body; or

(a) the public availability of rates, terms and conditions for interconnection with a major supplier set by the telecommunications regulatory body or other competent body; or

(b) the public availability of a reference interconnection offer.

(b) the public availability of a reference interconnection offer.

Services for which those rates, terms and conditions are made publicly available do not have to include all interconnection-related services offered by a major supplier, as determined by a Party under its laws and regulations.

Services for which those rates, terms and conditions are made publicly available do not have to include all interconnection-related services offered by a major supplier, as determined by a Party under its laws and regulations.

Article 11.12. Provisioning and Pricing of Leased Circuits Services by Major Suppliers

Article 11.12. Provisioning and Pricing of Leased Circuits Services by Major Suppliers

Each Party shall, unless it is not technically feasible, ensure that major suppliers in its territory make leased circuits services (that are public telecommunications services) available to suppliers of public telecommunications networks or services of the other Party in a timely manner and on terms and conditions (including technical standards and specifications), and at rates, that are reasonable (having regard to economic feasibility), non-discriminatory and transparent.(9)

Each Party shall, unless it is not technically feasible, ensure that major suppliers in its territory make leased circuits services (that are public telecommunications services) available to suppliers of public telecommunications networks or services of the other Party in a timely manner and on terms and conditions (including technical standards and specifications), and at rates, that are reasonable (having regard to economic feasibility), non-discriminatory and transparent.(9)

(9)  This article shall apply to Indonesia no later than 31 December 2020. 
(9)  This article shall apply to Indonesia no later than 31 December 2020. 

Article 11.13. Co-Location by Major Suppliers

Article 11.13. Co-Location by Major Suppliers

1. Subject to paragraphs 2 and 3, each Party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications networks or services of the other Party in the Party’s territory physical co-location of equipment necessary for interconnection or access to unbundled network elements, on a timely basis, and on terms and conditions (including technical standards and specifications), and at cost- oriented rates, that are reasonable (having regard to economic feasibility), non- discriminatory and transparent.

1. Subject to paragraphs 2 and 3, each Party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications networks or services of the other Party in the Party’s territory physical co-location of equipment necessary for interconnection or access to unbundled network elements, on a timely basis, and on terms and conditions (including technical standards and specifications), and at cost- oriented rates, that are reasonable (having regard to economic feasibility), non- discriminatory and transparent.

2. Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that a major supplier in its territory cooperates with suppliers of public telecommunications networks or services of the other Party to find and implement a practical and commercially viable alternative solution.

2. Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that a major supplier in its territory cooperates with suppliers of public telecommunications networks or services of the other Party to find and implement a practical and commercially viable alternative solution.

3. Each Party may determine, in accordance with its laws and regulations, the locations at which it requires major suppliers in its territory to provide the physical co- location or the practical and commercially viable alternative solutions referred to in paragraphs 1 and 2. When a Party makes this determination, it shall take into account factors such as the state of competition in the market where co-location is required, whether those premises can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

3. Each Party may determine, in accordance with its laws and regulations, the locations at which it requires major suppliers in its territory to provide the physical co- location or the practical and commercially viable alternative solutions referred to in paragraphs 1 and 2. When a Party makes this determination, it shall take into account factors such as the state of competition in the market where co-location is required, whether those premises can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

4. If a Party does not require that a major supplier offer co-location at certain premises, it nonetheless shall allow service suppliers to request that those premises be offered for co-location in accordance with paragraph 1.

4. If a Party does not require that a major supplier offer co-location at certain premises, it nonetheless shall allow service suppliers to request that those premises be offered for co-location in accordance with paragraph 1.

Article 11.14. Access to Facilities Owned or Controlled by Major Suppliers

Article 11.14. Access to Facilities Owned or Controlled by Major Suppliers

1. Each Party shall ensure that a major supplier in its territory provides access to poles, ducts, conduits, and towers, or any other structures as determined by the Party, and the sites on which these are located, owned or controlled by the major supplier, to suppliers of public telecommunications networks or services of the other Party in that Party's territory on a timely basis, on terms and conditions and at rates, that are reasonable, non-discriminatory and transparent, subject to technical feasibility.

1. Each Party shall ensure that a major supplier in its territory provides access to poles, ducts, conduits, and towers, or any other structures as determined by the Party, and the sites on which these are located, owned or controlled by the major supplier, to suppliers of public telecommunications networks or services of the other Party in that Party's territory on a timely basis, on terms and conditions and at rates, that are reasonable, non-discriminatory and transparent, subject to technical feasibility.

2. A Party may determine, in accordance with its laws and regulations, the poles, ducts, conduits, and towers, or any other structures and the sites on which these are located to which it requires major suppliers in its territory to provide access in accordance with paragraph 1. When the Party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such structures can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

2. A Party may determine, in accordance with its laws and regulations, the poles, ducts, conduits, and towers, or any other structures and the sites on which these are located to which it requires major suppliers in its territory to provide access in accordance with paragraph 1. When the Party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such structures can be substituted in an economically or technically feasible manner in order to provide a competing service, or other specified public interest factors.

Article 11.15. International Submarine Cable Systems

Article 11.15. International Submarine Cable Systems

1. Each Party shall provide its telecommunications regulatory body with the authority to require that, where suppliers of telecommunications networks or services operate submarine cable systems to provide public telecommunications networks or services in a Party's territory, those suppliers provide reasonable and non- discriminatory access to those systems to suppliers of public telecommunications networks or services of the other Party, in accordance with its laws and regulations.

1. Each Party shall provide its telecommunications regulatory body with the authority to require that, where suppliers of telecommunications networks or services operate submarine cable systems to provide public telecommunications networks or services in a Party's territory, those suppliers provide reasonable and non- discriminatory access to those systems to suppliers of public telecommunications networks or services of the other Party, in accordance with its laws and regulations.

2. Each Party shall ensure that suppliers of public telecommunications networks or services of the other Party can apply to land a submarine cable in its territory and that such applications are administered in a reasonable, objective and impartial manner in accordance with its laws and regulations.

2. Each Party shall ensure that suppliers of public telecommunications networks or services of the other Party can apply to land a submarine cable in its territory and that such applications are administered in a reasonable, objective and impartial manner in accordance with its laws and regulations.

3. The Parties recognise the importance of international submarine cable systems, and the expeditious and efficient installation, maintenance and repair of these systems, to national, regional and global telecommunications connectivity.

3. The Parties recognise the importance of international submarine cable systems, and the expeditious and efficient installation, maintenance and repair of these systems, to national, regional and global telecommunications connectivity.

4. Each Party shall ensure that, where it requires a permit for a vessel registered in the territory of the other Party or a non-party to undertake installation, maintenance or repairs of submarine cable systems that are operated, owned or controlled by suppliers of public telecommunications networks or services of the other Party:

4. Each Party shall ensure that, where it requires a permit for a vessel registered in the territory of the other Party or a non-party to undertake installation, maintenance or repairs of submarine cable systems that are operated, owned or controlled by suppliers of public telecommunications networks or services of the other Party:

(a) the circumstances where any such vessel permit is required, the procedure for applying for any such permit and for renewal of a permit, including any relevant application documents, and the criteria for assessing an application are publicly available;

(a) the circumstances where any such vessel permit is required, the procedure for applying for any such permit and for renewal of a permit, including any relevant application documents, and the criteria for assessing an application are publicly available;

(b) the procedures for applying for any such permit and, if granted, the permit and the procedures for renewal of a permit are administered in a reasonable, objective and impartial manner;

(b) the procedures for applying for any such permit and, if granted, the permit and the procedures for renewal of a permit are administered in a reasonable, objective and impartial manner;

(c) within a reasonable period of time after the submission of an application for any such permit and for renewal of a permit that is considered complete under its laws and regulations, it informs the applicant of the decision concerning the application; and

(c) within a reasonable period of time after the submission of an application for any such permit and for renewal of a permit that is considered complete under its laws and regulations, it informs the applicant of the decision concerning the application; and

(d) any fee charged by any of its relevant bodies to obtain, maintain or renew any such permit is reasonable, transparent and is limited in amount to the approximate cost of services rendered by that Party in respect of any such fee.

(d) any fee charged by any of its relevant bodies to obtain, maintain or renew any such permit is reasonable, transparent and is limited in amount to the approximate cost of services rendered by that Party in respect of any such fee.

5. If a Party (the first Party) considers that a measure of the other Party creates a material impediment to the ability of suppliers of public telecommunications networks or services of the first Party to expeditiously and efficiently install, maintain or repair submarine cable systems, it may request consultations with regard to that measure. The Parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate.

5. If a Party (the first Party) considers that a measure of the other Party creates a material impediment to the ability of suppliers of public telecommunications networks or services of the first Party to expeditiously and efficiently install, maintain or repair submarine cable systems, it may request consultations with regard to that measure. The Parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate.

Article 11.16. Independent Regulatory Bodies and Government Ownership

Article 11.16. Independent Regulatory Bodies and Government Ownership

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications networks or services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest (10) or maintain an operating or management role in any supplier of public telecommunications networks or services.

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications networks or services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest (10) or maintain an operating or management role in any supplier of public telecommunications networks or services.

2. Each Party shall ensure that the regulatory decisions and procedures of its telecommunications regulatory body are impartial with respect to all market participants.

2. Each Party shall ensure that the regulatory decisions and procedures of its telecommunications regulatory body are impartial with respect to all market participants.

3. Neither Party shall accord more favourable treatment to a supplier of telecommunications services in its territory than that accorded to a like service supplier of the other Party on the basis that the supplier receiving more favourable treatment is owned by the national government of the Party.

3. Neither Party shall accord more favourable treatment to a supplier of telecommunications services in its territory than that accorded to a like service supplier of the other Party on the basis that the supplier receiving more favourable treatment is owned by the national government of the Party.

4. Each Party shall ensure that any supplier of public telecommunications networks or services of the other Party that is aggrieved, or whose interests are adversely affected by a determination or decision of a telecommunications regulatory body of the first Party, may obtain review of the determination or decision by an administrative, arbitral or judicial tribunal or authority or according to administrative, arbitral or judicial procedures. If such procedures are not independent of the telecommunications regulatory body, the first Party shall ensure that the procedures in fact provide for an objective and impartial review.

4. Each Party shall ensure that any supplier of public telecommunications networks or services of the other Party that is aggrieved, or whose interests are adversely affected by a determination or decision of a telecommunications regulatory body of the first Party, may obtain review of the determination or decision by an administrative, arbitral or judicial tribunal or authority or according to administrative, arbitral or judicial procedures. If such procedures are not independent of the telecommunications regulatory body, the first Party shall ensure that the procedures in fact provide for an objective and impartial review.

(10) This paragraph shall not be construed to prohibit a government entity of a Party other than the telecommunications regulatory body from owning equity in a supplier of public telecommunications networks or services.
(10) This paragraph shall not be construed to prohibit a government entity of a Party other than the telecommunications regulatory body from owning equity in a supplier of public telecommunications networks or services.

Article 11.17. Universal Service

Article 11.17. Universal Service

 Each Party has the right to define the kind of universal service obligation it wishes to maintain. Such obligations, including any cross subsidisation policy provided for under the laws and regulations of each Party, shall not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner, and are not more burdensome than necessary for the kind of universal service defined by the Party.

 Each Party has the right to define the kind of universal service obligation it wishes to maintain. Such obligations, including any cross subsidisation policy provided for under the laws and regulations of each Party, shall not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner, and are not more burdensome than necessary for the kind of universal service defined by the Party.

Article 11.18. Licensing Process

Article 11.18. Licensing Process

 1. Each Party shall ensure that, where a licence is required, all measures relating to the licensing of suppliers of public telecommunications transport networks or services in its territory are published or, if publication is not practicable, otherwise made publicly available, including:

 1. Each Party shall ensure that, where a licence is required, all measures relating to the licensing of suppliers of public telecommunications transport networks or services in its territory are published or, if publication is not practicable, otherwise made publicly available, including:

(a) circumstances in which a licence is required;

(a) circumstances in which a licence is required;

(b)  licence application procedures;

(b)  licence application procedures;

(c) criteria used to assess licence applications;

(c) criteria used to assess licence applications;

(d) standard terms and conditions applicable to licences;

(d) standard terms and conditions applicable to licences;

(e) the period of time normally required to reach a decision concerning a licence application;

(e) the period of time normally required to reach a decision concerning a licence application;

(f) the cost or fees of applying for or obtaining a licence; and
(g) the period of validity of a licence.

(f) the cost or fees of applying for or obtaining a licence; and
(g) the period of validity of a licence.

2. Each Party shall ensure that, on request, an applicant or a licensee receives the reasons for the:

2. Each Party shall ensure that, on request, an applicant or a licensee receives the reasons for the:

(a) denial of a licence;
(b) imposition of supplier-specific conditions on a licence;
(c) tevocation of a licence; or
(d) tefusal to renew a licence.

(a) denial of a licence;
(b) imposition of supplier-specific conditions on a licence;
(c) tevocation of a licence; or
(d) tefusal to renew a licence.

Article 11.19. Allocation and Use of Scarce Resources

Article 11.19. Allocation and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies and numbers, in an objective, timely, transparent and non-discriminatory manner.

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies and numbers, in an objective, timely, transparent and non-discriminatory manner.

2. Each Party shall make publicly available the current state of frequency bands allocated to specific uses but retains the right not to provide detailed identification of frequencies that are allocated or assigned for specific government uses.

2. Each Party shall make publicly available the current state of frequency bands allocated to specific uses but retains the right not to provide detailed identification of frequencies that are allocated or assigned for specific government uses.

3. For greater certainty, a Party's measures allocating and assigning spectrum and managing frequency are not per se inconsistent with Article 9.5 (Market Access) of Chapter 9 (Trade in Services). Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications services, provided that the Party does so in a manner that is consistent with other provisions of this Agreement. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of the Indonesia-Australia Comprehensive Economic Partnership as a Free Trade Area 1
  • Article   1.2 Objectives the Objectives of the Parties In Concluding this Agreement Are to: 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 General Definitions  (3) 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Reduction or Elimination of Customs Duties 1
  • Article   2.3 Tariff Rate Quotas 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Customs Valuation 1
  • Article   2.6 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.7 Elimination of Export Subsidies 1
  • Article   2.8 Administrative Fees and Formalities 1
  • Article   2.9 Duty-Free Entry of Commercial Samples of Negligible Value 1
  • Article   2.10 Classification of Goods and Transposition of Schedules of Tariff Commitments 1
  • Article   2.11 Committee on Trade In Goods 1
  • Article   2.12 Exchange of Data 1
  • Article   2.13 Relation to Safeguard Measures Under the WTO Agreement 1
  • Article   2.14 Antidumping and Countervailing Duties 1
  • Article   2.15 Trade Remedies Dialogue 1
  • Chapter   3 NON-TARIFF MEASURES 1
  • Article   3.1 General Application 1
  • Article   3.2 Mechanism on Non-Tariff Measures 2
  • Article   3.3 Quantitative Restrictions 2
  • Article   3.4 Import Licensing 2
  • Chapter   4 RULES OF ORIGIN 2
  • Section   A General Provisions 2
  • Article   4.1 Definitions 2
  • Section   B Originating Goods 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Wholly Obtained or Produced Goods 2
  • Article   4.4 Goods Not Wholly Produced or Obtained 2
  • Article   4.5 Calculation of Qualifying Value Content 2
  • Article   4.6 Recording of Costs 2
  • Article   4.7 Accumulation 2
  • Article   4.8 Minimal Operations and Processes 2
  • Article   4.9 De Minimis 2
  • Article   4.10 Accessories, Spare Parts, Tools and Instructional or other Information Materials 2
  • Article   4.11 Identical and Interchangeable Materials 2
  • Article   4.12 Packaging Materials and Containers for Retail Sale 2
  • Article   4.13 Packing Materials and Containers for Transportation and Shipment 2
  • Article   4.14 Indirect Materials 3
  • Section   Section C: Territorial Requirements 3
  • Article   4.15 Consignment Criteria 3
  • Article   4.16 Exhibition Goods 3
  • Section   Section D: Preferential Tariff Treatment 3
  • Article   4.17 Claim for Preferential Tariff Treatment 3
  • Article   4.18 Obligations Relating to Importation 3
  • Article   4.19 Denial of Preferential Tariff Treatment 3
  • Article   4.20 Documentary Evidence of Origin 3
  • Article   4.21 Exceptions from Documentary Evidence of Origin 3
  • Section   Section E: Cooperation on Verification 3
  • Article   4.22 Origin Verification 3
  • Article   4.23 Verification Visit 3
  • Section   Section F: Final Provisions 3
  • Article   4.24 Goods In Transport or Storage 3
  • Article   4.25 Review and Appeal 3
  • Article   4.26 Record Keeping 3
  • Article   4.27 Confidentiality Each Party Shall Maintain the Confidentiality of the Information Collected In Accordance 3
  • Article   4.28 Sub-Committee on Rules of Origin 3
  • Chapter   5 CUSTOMS PROCEDURES 3
  • Article   5.1 Definitions for the Purposes of this Chapter: 3
  • Article   5.2 Objectives 3
  • Article   5.3 Scope 3
  • Article   5.4 Customs Procedures and Trade Facilitation 3
  • Article   5.5 Customs Cooperation 3
  • Article   5.6 Publication and Enquiry Points 3
  • Article   5.7 Advance Ruling 3
  • Article   5.8 Review and Appeal 4
  • Article   5.9 Penalties 4
  • Article   5.10 Risk Management 1. Each Party Shall Adopt or Maintain a Risk Management System for Assessment and 4
  • Article   5.11 Release of Goods 4
  • Article   5.12 Temporary Admission of Goods 4
  • Article   5.13 Information Technology 4
  • Article   5.14 Confidentiality 4
  • Chapter   6 TRADE FACILITATION 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.3 Scope 4
  • Article   6.4 Publication and Enquiry Points 4
  • Article   6.5 Perishable Goods 4
  • Article   6.6 Acceptance of Copies 4
  • Article   6.7 Support for Trade Facilitation 4
  • Article   6.8 Trade Facilitation Sub-Committee 4
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   7.1 Definitions 4
  • Article   7.2 Objectives 4
  • Article   7.3 Scope 4
  • Article   7.4 General Provisions 4
  • Article   7.5 Equivalence 4
  • Article   7.6 Adaptation to Regional Conditions 4
  • Article   7.7 Competent Authorities and Contact Points 4
  • Article   7.8 Transparency and Notification 4
  • Article   7.9 Cooperation 1. Each Party Shall Explore Opportunities for Further Cooperation, Collaboration and 4
  • Article   7.10 Technical Consultations 4
  • Article   7.11 SPS Sub-Committee 4
  • Article   7.12 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 4
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 5
  • Article   8.1 Definitions 5
  • Article   8.2 Objectives 5
  • Article   8.3 Scope 5
  • Article   8.4 Affirmation of the TBT Agreement 5
  • Article   8.5 Standards 5
  • Article   8.6 Technical Regulations 5
  • Article   8.7 Conformity Assessment Procedures 5
  • Article   8.8 Cooperation 5
  • Article   8.9 Consultations 5
  • Article   8.10 Agreements or Implementing Arrangements 5
  • Article   8.11 Transparency 5
  • Article   8.12 Contact Points 5
  • Article   8.13 TBT Sub-Committee 5
  • Article   8.14 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 5
  • Chapter   9 TRADE IN SERVICES 5
  • Article   9.1 Definitions 5
  • Article   9.2 Scope 5
  • Article   9.3 National Treatment (3) 5
  • Article   9.4 Most-Favoured-Nation Treatment 5
  • Article   9.5 Market Access (4)  5
  • Article   9.6 Local Presence 5
  • Article   9.7 Non-Conforming Measures 5
  • Article   9.8 Domestic Regulation (7) 6
  • Article   9.9 Recognition 6
  • Article   9.10 Denial of Benefits 6
  • Article   9.11 Transparency 6
  • Article   9.12 Payments and Transfers 6
  • Article   9.13 Review 6
  • Article   9.14 Committee on Trade In Services 6
  • Chapter   10 FINANCIAL SERVICES 6
  • Article   10.1 Definitions 6
  • Article   10.2 Scope 6
  • Article   10.3 New Financial Services (1) 6
  • Article   10.4 Treatment of Certain Information and Processing of Information 6
  • Article   10.5 Exceptions 6
  • Article   10.6 Recognition 7
  • Article   10.7 Transparency and Administration of Certain Measures 7
  • Article   10.8 Self-Regulatory Organisations 7
  • Article   10.9 Payment and Clearing Systems 7
  • Article   10.10 Consultations 7
  • Article   10.11 Dispute Settlement 7
  • Article   10.12 Investment Disputes In Financial Services 7
  • Chapter   11 TELECOMMUNICATIONS 7
  • Article   11.1 Definitions 7
  • Article   11.2 Scope 7
  • Article   11.3 Approaches to Regulation 7
  • Article   11.4 Access to and Use of Public Telecommunications Networks and Services 7
  • Article   11.5 Obligations Relating to Suppliers of Public Telecommunications Networks or Services 7
  • Article   11.6 International Mobile Roaming 7
  • Article   11.7 Treatment by Major Suppliers of Public Telecommunications Networks or Services 7
  • Article   11.8 Competitive Safeguards 7
  • Article   11.9 Resale 8
  • Article   11.9 Resale 8
  • Article   11.10 Unbundling of Network Elements 8
  • Article   11.10 Unbundling of Network Elements 8
  • Article   11.11 Interconnection with Major Suppliers General Terms and Conditions 8
  • Article   11.11 Interconnection with Major Suppliers General Terms and Conditions 8
  • Article   11.12 Provisioning and Pricing of Leased Circuits Services by Major Suppliers 8
  • Article   11.12 Provisioning and Pricing of Leased Circuits Services by Major Suppliers 8
  • Article   11.13 Co-Location by Major Suppliers 8
  • Article   11.13 Co-Location by Major Suppliers 8
  • Article   11.14 Access to Facilities Owned or Controlled by Major Suppliers 8
  • Article   11.14 Access to Facilities Owned or Controlled by Major Suppliers 8
  • Article   11.15 International Submarine Cable Systems 8
  • Article   11.15 International Submarine Cable Systems 8
  • Article   11.16 Independent Regulatory Bodies and Government Ownership 8
  • Article   11.16 Independent Regulatory Bodies and Government Ownership 8
  • Article   11.17 Universal Service 8
  • Article   11.17 Universal Service 8
  • Article   11.18 Licensing Process 8
  • Article   11.18 Licensing Process 8
  • Article   11.19 Allocation and Use of Scarce Resources 8
  • Article   11.19 Allocation and Use of Scarce Resources 8
  • Article   11.20 Enforcement 9
  • Article   11.20 Enforcement 9
  • Article   11.21 Resolution of Telecommunications Disputes 9
  • Article   11.21 Resolution of Telecommunications Disputes 9
  • Article   11.22 Transparency 9
  • Article   11.22 Transparency 9
  • Article   11.23 Flexibility In the Choice of Technology 9
  • Article   11.23 Flexibility In the Choice of Technology 9
  • Article   11.24 Relation to other Chapters 9
  • Article   11.24 Relation to other Chapters 9
  • Article   11.25 Relation to International Organisations 9
  • Article   11.25 Relation to International Organisations 9
  • Chapter   12 MOVEMENT OF NATURAL PERSONS 9
  • Chapter   12 MOVEMENT OF NATURAL PERSONS 9
  • Article   12.1 Definitions 9
  • Article   12.1 Definitions 9
  • Article   12.2 Scope 9
  • Article   12.2 Scope 9
  • Article   12.3 Application Procedures 9
  • Article   12.3 Application Procedures 9
  • Article   12.4 Grant of Temporary Entry 9
  • Article   12.4 Grant of Temporary Entry 9
  • Article   12.5 Business Travel 9
  • Article   12.5 Business Travel 9
  • Article   12.6 Provision of Information 9
  • Article   12.6 Provision of Information 9
  • Article   12.7 Relation to other Chapters 9
  • Article   12.7 Relation to other Chapters 9
  • Article   12.8 Dispute Settlement 10
  • Article   12.9 Future Work Program on Contractual Service Suppliers 10
  • Chapter   13 ELECTRONIC COMMERCE 10
  • Article   13.1 Definitions for the Purposes of this Chapter: 10
  • Article   13.2 Scope and General Provisions 10
  • Article   13.3 Cooperation 10
  • Article   13.4 Paperless Trading 10
  • Article   13.5 Electronic Authentication and Electronic Signatures 10
  • Article   13.6 Online Consumer Protection 10
  • Article   13.7 Protection of Personal Information 10
  • Article   13.8 Unsolicited Commercial Electronic Messages 10
  • Article   13.9 Domestic Regulatory Frameworks 10
  • Article   13.10 Transparency 10
  • Article   13.11 Cross-Border Transfer of Information by Electronic Means 10
  • Article   13.12 Location of Computing Facilities 10
  • Article   13.13 Source Code 10
  • Chapter   14 Investment 10
  • Section   A 10
  • Article   14.1 Definitions 10
  • Article   14.2 Scope 10
  • Article   14.3 Relation to other Chapters 10
  • Article   14.4 National Treatment 11
  • Article   14.5 Most-Favoured Nation Treatment 11
  • Article   14.6 Prohibition of Performance Requirements (10)(11) (12) 11
  • Article   14.7 Minimum Standard of Treatment 11
  • Article   14.8 Treatment In Case of Armed Conflict or Civil Strife 11
  • Article   14.9 Transfers 11
  • Article   14.10 Senior Management and Boards of Directors 11
  • Article   14.11 Expropriation and Compensation (16)  11
  • Article   14.12 Subrogation 11
  • Article   14.13 Denial of Benefits (20) 11
  • Article   14.14 Non–Conforming Measures 11
  • Article   14.15 Special Formalities and Disclosure of Information 11
  • Article   14.16 Promotion of Regulatory Objectives 11
  • Article   14.17 Corporate Social Responsibility 11
  • Article   14.18 Committee on Investment 11
  • Section   Section B: Investor-State Dispute Settlement 11
  • Article   14.19 Definitions 11
  • Article   14.20 Scope 11
  • Article   14.21 Exclusion of Claims 12
  • Article   14.22 Consultations 12
  • Article   14.23 Conciliation 12
  • Article   14.24 Claim by an Investor of a Party 12
  • Article   14.25 Submission of a Claim 12
  • Article   14.26 Conditions and Limitations on Submission of a Claim 12
  • Article   14.27 Selection of Arbitrators 12
  • Article   14.28 Security for Costs 12
  • Article   14.29 Consolidation 12
  • Article   14.30 Conduct of the Arbitration 12
  • Article   14.31 Transparency of Arbitral Proceedings 12
  • Article   14.32 Third Party Funding 12
  • Article   14.33 Governing Law 12
  • Article   14.34 Awards 12
  • Article   14.35 Service of Documents 12
  • Chapter   15 ECONOMIC COOPERATION 12
  • Article   15.1 Objectives 12
  • Article   15.2 Scope 12
  • Article   15.3 Committee on Economic Cooperation 12
  • Article   15.4 Formulation of Annual Work Program 12
  • Article   15.5 Contact Points 13
  • Article   15.6 Resources 13
  • Article   15.7 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 13
  • Article   15.8 Relation to other Chapters 13
  • Chapter   16 COMPETITION 13
  • Article   16.1 Definitions 13
  • Article   16.2 Objectives 13
  • Article   16.3 Basic Principles 13
  • Article   16.4 Application of Competition Laws and Regulations (1) 13
  • Article   16.5 Cooperation 13
  • Article   16.6 Notifications 13
  • Article   16.7 Transparency 13
  • Article   16.8 Procedural Fairness 13
  • Article   16.9 Confidentiality of Information 13
  • Article   16.10 Consumer Protection 13
  • Article   16.11 Review 13
  • Article   16.12 Dispute Settlement 13
  • Chapter   17 GENERAL PROVISIONS AND EXCEPTIONS 13
  • Article   17.1 Confidentiality of Information 13
  • Article   17.2 General Exceptions 13
  • Article   17.3 Security Exceptions Nothing In this Agreement Shall Be Construed: 13
  • Article   17.4 Taxation Measures 13
  • Article   17.5 Measures to Safeguard the Balance of Payments 13
  • Chapter   18 INSTITUTIONAL PROVISIONS 13
  • Article   18.1 Establishment of the Joint Committee 13
  • Article   18.2 Functions of the Joint Committee 13
  • Article   18.3 Committees and Subsidiary Bodies 14
  • Article   18.4 Rules of Procedure 14
  • Article   18.5 Meetings of the Joint Committee 14
  • Article   18.6 Contact Points 14
  • Chapter   19 TRANSPARENCY 14
  • Article   19.1 Definitions for the Purposes of this Chapter: 14
  • Article   19.2 Publication 14
  • Article   19.3 Provision of Information 14
  • Article   19.4 Administrative Proceedings 14
  • Article   19.5 Review and Appeal 14
  • Chapter   20 CONSULTATIONS 14
  • Section   A Introductory Provisions 14
  • Article   20.1 Definitions 14
  • Article   20.2 Scope 14
  • Article   20.3 General Provisions 14
  • Article   20.4 Choice of Forum 14
  • Section   Section B: Consultation Provisions 14
  • Article   20.5 Consultations 14
  • Article   20.6 Good Offices, Conciliation, Mediation 14
  • Section   Section C: Adjudication Provisions 14
  • Article   20.7 Request for Establishment of Panels 14
  • Article   20.8 Establishment and Reconvening of Panels 14
  • Article   20.9 Functions of Panels 14
  • Article   20.10 Panel Procedures 14
  • Article   20.11 Suspension and Termination of Proceedings 15
  • Section   Section D: Implementation Provisions 15
  • Article   20.12 Implementation 15
  • Article   20.13 Compliance Review 15
  • Article   20.14 Compensation and Suspension of Concessions or other Obligations 15
  • Article   20.15 Post-Suspension Review 15
  • Section   Section E: Final Provisions 15
  • Article   20.16 Expenses 15
  • Article   20.17 Transmission of Documents 15
  • Article   20.18 Language 15
  • Chapter   21 FINAL PROVISIONS 15
  • Article   21.1 Annexes, Appendices and Footnotes 15
  • Article   21.2 Amendments 15
  • Article   21.3 Amendment of International Agreements 15
  • Article   21.4 Entry Into Force 15
  • Article   21.5 General Review of the Agreement 15
  • Article   21.6 Termination 15
  • Article   21.7 Authentic Texts 15
  • ANNEX I  EXPLANATORY NOTES 15
  • ANNEX I  SCHEDULE OF AUSTRALIA 15
  • ANNEX I  SCHEDULE OF INDONESIA 16
  • Section   A 16
  • Section   B 17
  • Annex II  EXPLANATORY NOTES 18
  • ANNEX II  SCHEDULE OF AUSTRALIA 18
  • Appendix A  AUSTRALIA’S MARKET ACCESS COMMITMENTS SCHEDULE – REGIONAL (STATE AND TERRITORY) LEVEL 19
  • NOTE ON MARITIME TRANSPORT SERVICES 20
  • Appendix B  (60) 20
  • ANNEX II  SCHEDULE OF INDONESIA 20
  • Section   A 20
  • Appendix A  20
  • Section   B 20
  • Section   B 21