Australia - United States FTA (2004)
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Article 5.3. Accumulation

1. Originating materials from the territory of a Party, used in the production of a good in the territory of the other Party, shall be considered to originate in the territory of the other Party.

2. A good is an originating good when it is produced in the territory of one or both Parties by one or more producers, provided that the good satisfies the requirements in Article 5.1 and all other applicable requirements of this Chapter or Chapter 4.

Article 5.4. Regional Value Content

1. Except for goods covered by paragraph 2, where Annex 5-A refers to a regional value content, cach Party shall provide that for purposes of claims for preferential treatment in accordance with Article 5.12, an importer, exporter, or producer may calculate regional value content based on one of the following methods:

(a) Build-down Method

RVC = AV-VNM x 100

AV

where

RVC is the regional value content, expressed as a percentage;

AV is the adjusted value; and

VNM is the value of non-originating materials that are acquired and used by the producer in the production of the good. VNM does not include the value of a material that is self-produced.

(b) Build-up Method

RVC = VOM x 100

AV

where

RVC is the regional value content, expressed as a percentage;

AV is the adjusted value; and

VOM. is the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good.

2. When regional value content is required for certain automotive goods (5-2) under Annex 5-A to determine if a good is originating, each Party shall provide that the regional value content of a good shall be calculated solely on the basis of the following method:

(5-2) H 8407.31 through 34 (engines), 8407.20 (diesel engines for vehicles), 84.09 (parts of engines) 87.01 through 87.05 (motor vehicles), 87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle parts).

Method for Automotive Products ("Net Cost Method")

RVC =NC - VNM x 100

NC

where

RVC is the regional value content, expressed as a percentage; NC _ is the net cost of the good;

VNM is the value of non-originating materials acquired and used by the producer in the production of the good. VNM does not include the value of a material that is self-produced.

3. Each Party shall provide that, for the purpose of regional value content under paragraph 2 for motor vehicles, (5-3) the importer, exporter, or producer may use a calculation averaged over the producer's fiscal year using any one of the following categories:

(a) the same model line of motor vehicles in the same class of vehicles produced in the same plant in the territory of a Party;

(b) the same class of motor vehicles produced in the same plant in the territory of a Party; or

(c) the same model line of motor vehicles produced in the territory of a Party,

on the basis of all motor vehicles in the category or only those motor vehicles in the category that are exported to the territory of the other Party.

4. Each Party shall provide that, for the purpose of calculating regional value content under paragraph 2 for automotive materials (5-3) produced in the same plant, the importer, exporter, or producer may use a calculation:

(a) averaged: over the fiscal year of the motor vehicle producer to whom the good is sold,

(i) over any quarter or month, or

(ii) over its fiscal year,

provided that the good was produced during the fiscal year, quarter, or month forming the basis for the calculation;

(c) in which the average referred to in subparagraph (a) is calculated separately for such goods sold to one or more motor vehicle producers; or

in which the average in subparagraph (a) or (b) is calculated separately for those goods that are exported to the territory of the other Party.

(5-3) Motor Vehicles: HS 87.01 through 87.05 (motor vehicles). 54 Automotive Components or Materials: HS 8407.31 through 34 (engines), 8407.20 (diesel engines for vehicles), 84.09 (parts of engines), 87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle parts).

Article 5.5. Walue of Materials

1. Each Party shall provide that for the purpose of Articles 5.2 and 5.4, the value of a material is:

(a) for a material imported by the producer of the good, the adjusted value of the material;

(b) for a material acquired in the territory where the good is produced, the value, determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation Agreement, i.e., in the same manner as for imported goods, with such reasonable modifications as may be required due to the absence of an importation; or

(c) for a material that is self-produced, the sum of all expenses incurred in the production of the material, including general expenses, and an amount for profit equivalent to the profit added in the normal course of trade.

2. Each Party shall provide that the value of materials may be adjusted as follows:

(a) for originating materials, the following expenses may be added to the value of the material if not included under paragraph 1:

(i) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the Parties' territories to the location of the producer;

(ii) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable; and

(iii) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-products; and

(b) for non-originating materials, where included under paragraph 1, the following expenses may be deducted from the value of the material:

(i) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the Parties' territories to the location of the producer;

(ii) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable;

(iii) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-products;

(iv) the cost of processing incurred in the territory of a Party in the production of the non-originating material; and

(v) the cost of originating materials used in the production of the non- originating material in the territory of a Party.

Article 5.6. Accessories, Spare Parts, and Tools

Each Party shall provide that accessories, spare parts, or tools delivered with a good that form part of the good's standard accessories, spare parts, or tools, shall be treated as originating goods if the good is an originating good, and shall be disregarded in determining whether all the non- originating materials used in the production of the good undergo the applicable change in tariff classification, provided that:

(a) the accessories, spare parts, or tools are not invoiced separately from the good;

(b) the quantities and value of the accessories, spare parts, or tools are customary for the good; and

(c) if the good is subject to a regional value content requirement, the value of the accessories, spare parts, or tools shall be taken into account as originating or non-

originating materials, as the case may be, in calculating the regional value content of the good.

Article 5.7. Fungible Goods and Materials

1. Each Party shall provide that the determination of whether fungible goods or materials are originating goods shall be made cither by physical segregation of each good or material or through the use of any inventory management method, such as averaging, last-in first-out, or first-in first-out, recognized in the generally accepted accounting principles of the Party in which the production is performed or otherwise accepted by the Party in which the production is performed.

2. Each Party shall provide that that an inventory management method selected under paragraph 1 for particular fungible goods or materials shall continue to be used for those fungible goods or materials throughout the fiscal year of the person that selected the inventory management method.

Article 5.8. Packaging Materials and Containers for Retail Sale

Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all the non- originating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 5-A or Annex 4-A, and, if the good is subject to a regional value content requirement, the value of such packaging materials and containers shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

Article 5.9. Packing Materials and Containers for Shipment

Each Party shall provide that packing materials and containers for shipment shall be disregarded in determining whether:

(a) the non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 5-A or Annex 4-A; and

(b) the good satisfies a regional value content requirement.

Article 5.10. Indirect Materials

Each Party shall provide that an indirect material shall be treated as an originating material without regard to where it is produced and its value shall be the cost registered in the accounting records of the producer of the good.

Article 5.11. Third Country Transportation

A good shall not be considered to be an originating good if the good undergoes subsequent production or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party.

Section B. Supporting Information and Verification

Article 5.12. Claims for Preferential Treatment

1. Each Party shall provide that an importer may make a claim for preferential treatment under this Agreement based on the importer's knowledge or on information in the importer's possession that the good qualifies as an originating good.

2. Each Party may require that an importer be prepared to submit, on request, a statement setting forth the reasons that the good qualifies as an originating good, including pertinent cost and manufacturing information. The statement need not be in a prescribed format, and may be submitted electronically, where feasible.

Article 5.13. Obligations Relating to Importations

1. Each Party shall grant a claim for preferential treatment under this Agreement, made in accordance with this Chapter unless the Party possesses information that the claim is invalid.

2. A Party may deny preferential treatment under this Agreement to an imported good if the importer fails to comply with any requirement of this Chapter.

3. If a Party denies a claim for preferential treatment under this Agreement, it shall issue a written determination containing findings of fact and the legal basis for the determination.

4. The importing Party shall not subject an importer to any penalty for making an invalid claim for preferential treatment if the importer:

(a) on becoming aware that such claim is not valid, promptly and voluntarily corrects the claim and pays any duty owing; and

(b) in any event, corrects the claim and pays any duty owing within a period determined by the Party, which shall be at least one year from the submission of the invalid claim.

5. Nothing in this Article shall prevent a Party from taking action under Article 4.3.8 (Customs Cooperation).

Article 5.14. Record Keeping Requirement

Each Party may require that importers maintain, for up to five years after the date of importation, records relating to the importation of the good, and may require, as set out in Article 5.12.2, that an importer provide, on request, records necessary to demonstrate that a good qualifies as an originating good, including records concerning:

(a) the purchase, cost and value of, and payment for, the good;

(b) the purchase, cost, and value of, and payment for, all materials, including indirect materials, used in the production of the good; and

(c) the production of the good in the form in which the good was exported.

Article 5.15. Verification

1. For the purpose of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, a Party may conduct a verification by means of one or more of the following:

(a) requests for information from the importer;

(b) written requests for information to an exporter or a producer in the territory of the other Party;

(c) requests for the importer to arrange for the producer or exporter to provide information directly to the Party conducting the verification;

(d) information received directly by the importing Party from an importer as a result of a request described in Article 5.12.2;

(e) visits to the premises of an exporter or a producer in the territory of the other Party, in accordance with any procedures that the Parties jointly adopt;

OD for textile or apparel goods, procedures set forth in Article 4.3 (Customs Cooperation); or

(g) such other procedures as the Parties may agree.

2. A Party may deny preferential tariff treatment to a good where the importer, exporter, or producer fails to provide information that the Party requests in a verification conducted in accordance with paragraph 1 demonstrating that the good is an originating good.

Section C. Consultation and Modifications

Article 5.16. Consultation and Modifications

1. The Parties shall consult and cooperate to ensure that this Chapter is applied in an effective and uniform manner. Unless the Parties otherwise agree, the Parties shall consult within six months of the date of entry into force of this Agreement regarding the implementation and application of this Chapter.

2. The Parties shall consult regularly pursuant to Article 21.5 (Consultations) to discuss necessary amendments to this Chapter and its Annexes, taking into account developments in technology, production processes, and other related matters.

Section D. Application and Interpretation

Article 5.17. Application and Interpretation

For the purposes of this Chapter:

(a) the basis for tariff classification is the Harmonized System,

(b) any cost and value referred to in this Chapter shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the Party in which the good is produced.

Section E. Definitions

Article 5.18. Definitions

For the purposes of this Chapter:

1. adjusted value means the value determined under Articles 1 through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation Agreement, as adjusted to exclude any costs, charges, or expenses incurred for transportation, insurance, and related services incidental to the international shipment of the good from the country of exportation to the place of importation;

2. class of motor vehicles means any one of the following categories of motor vehicles:

(a) motor vehicles provided for in subheading 8701.20, motor vehicles for the transport of 16 or more persons provided for in subheadings 8702.10 or 8702.90, and motor vehicles of subheadings 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or headings 87.05 and 87.06;

(b) motor vehicles provided for in subheadings 8701.10 or 8701.30 through 8701.90;

(c) motor vehicles for the transport of 15 or fewer persons provided for in subheadings 8702.10 or 8702.90, and motor vehicles of subheadings 8704.21 and 8704.31; or

(d) motor vehicles provided for in subheadings 8703.21 through 8703.90;

3. fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

4. generally accepted accounting principles means the recognized consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices, and procedures;

5. good wholly obtained or produced entirely in the territory of one or both of the Parties means a good that is:

(a) a mineral good extracted there;

(b) a vegetable good, as such good is defined in the Harmonized System, harvested there;

(c) a live animal born and raised there;

(d) a good obtained from hunting, trapping, fishing, or aquaculture conducted there;

(e) a good (fish, shellfish, and any other marine life) taken from the sea by vessels registered or recorded with a Party and flying its flag;

(f) a good produced exclusively from products referred to in subparagraph (e) on board factory ships registered or recorded with a Party and flying its flag;

(g) a good taken by a Party, or a person of a Party, from the seabed or beneath the seabed outside territorial waters, provided that the Party has rights to exploit such seabed;

(h) a good taken from outer space, provided it is obtained by a Party or a person of a Party and not processed in the territory of a non-Party;

(i) waste and scrap derived from

(i) production there; or

(ii) used goods collected there, provided such goods are fit only for the recovery of raw materials;

(j) a recovered good derived there, from goods that have passed their life expectancy, or are no longer useable duc to defects, and utilized there in the production of remanufactured goods; or

(k) a good produced there exclusively from goods referred to in subparagraphs (a) through (i), or from their derivatives, at any stage of production;

6. indirect material means a good used in the production, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

(a) fuel and energy;

(b) tools, dies, and moulds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;

(f) equipment, devices, and supplies used for testing or inspecting the goods;

(g) catalysts and solvents; and

(h) any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production;

7. material means a good that is used in the production of another good;

8. material that is self-produced means an originating material that is produced by a producer of a good and used in the production of that good;

9. model line means a group of motor vehicles having the same platform or model name;

10. net cost means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost;

11. net cost of the good means the net cost that can be reasonably allocated to the good under one of the following methods:

  • Chapter   ONE Establishment of a Free Trade Area and Definitions 1
  • Article   1.1 General 1
  • Article   1.2 General Definitions 1
  • ANNEX 1-A  Certain definitions 1
  • Chapter   TWO National Treatment and Market Access for Goods 1
  • Article   2.1 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   2.2 National Treatment 1
  • Section   B Tariffs 1
  • Article   2.3 Elimination of Customs Duties 1
  • Article   2.4 Customs Value 1
  • Article   2.5 Temporary Admission 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.8 Waiver of Customs Duties 1
  • Section   C Non-tariff Measures 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Administrative Fees and Formalities 1
  • Article   2.11 Export Taxes 1
  • Section   D Other Measures 1
  • Article   2.12 Merchandise Processing Fee 1
  • Section   E Institutional Provisions 1
  • Article   2.13 Committee on Trade In Goods 1
  • Section   F Definitions 1
  • Article   2.13 Definitions 1
  • Chapter   THREE Agriculture 2
  • Article   3.1 Multilateral Cooperation 2
  • Article   3.2 Committee on Agriculture 2
  • Article   3.3 Export Subsidies 2
  • Article   3.4 Agricultural Safeguard Measures 2
  • Article   3.5 Administration of Tariff-rate Quotas 2
  • Article   3.6 Review of Dairy Market Access Commitments 2
  • Article   3.7 Definitions 2
  • Chapter   FOUR Textiles and Apparel 2
  • Article   4.1 Bilateral Emergency Actions 2
  • Article   4.2 Rules of Origin and Related Matters 2
  • Article   4.3 Customs cooperation 2
  • Article   4.4 Definitions 2
  • Chapter   FIVE Rules of origin 2
  • Section   A Rules of origin 2
  • Article   5.1 Originating goods 2
  • Article   5.2 De minimis 2
  • Article   5.3 Accumulation 3
  • Article   5.4 Regional value content 3
  • Article   5.5 Walue of materials 3
  • Article   5.6 Accessories, spare parts, and tools 3
  • Article   5.7 Fungible goods and materials 3
  • Article   5.8 Packaging materials and containers for retail sale 3
  • Article   5.9 Packing materials and containers for shipment 3
  • Article   5.10 Indirect materials 3
  • Article   5.11 Third country transportation 3
  • Section   B Supporting information and verification 3
  • Article   5.12 Claims for preferential treatment 3
  • Article   5.13 Obligations relating to importations 3
  • Article   5.14 Record keeping requirement 3
  • Article   5.15 Verification 3
  • Section   C Consultation and modifications 3
  • Article   5.16 Consultation and modifications 3
  • Section   D Application and interpretation 3
  • Article   5.17 Application and interpretation 3
  • Section   E Definitions 3
  • Article   5.18 Definitions 3
  • Chapter   SIX Customs administration 4
  • Article   6.1 Publication and notification 4
  • Article   6.2 Administration 4
  • Article   6.3 Advance rulings 4
  • Article   6.4 Review and appeal 4
  • Article   6.5 Cooperation 4
  • Article   6.6 Confidentiality 4
  • Article   6.7 Penalties 4
  • Article   6.8 Release and security 4
  • Article   6.9 Risk assessment 4
  • Article   6.10 Express shipments 4
  • Article   6.11 Definition of customs matters 4
  • Chapter   SEVEN Sanitary and phytosanitary measures 4
  • Article   7.1 Objectives 4
  • Article   7.2 Scope and Coverage 4
  • Article   7.3 Affirmation of the Sps Agreement 4
  • Article   7.4 Committee on Sanitary and Phytosanitary Matters 4
  • Article   7.5 Definitions 4
  • Chapter   EIGHT Technical Barriers to Trade Article 4
  • Article   8.1 Scope and Coverage 4
  • Article   8.2 Affirmation of the Tbt Agreement 4
  • Article   8.3 Regional Governments 4
  • Article   8.4 International Standards 4
  • Article   8.5 Technical Regulations 4
  • Article   8.6 Conformity Assessment Procedures 4
  • Article   8.7 Transparency 5
  • Article   8.8 Trade Facilitation 5
  • Article   8.9 Chapter Coordinators 5
  • Article   8.10 Information Exchange 5
  • Article   8.11 Definitions 5
  • Chapter   NINE Safeguards 5
  • Article   9.1 Imposition of a Safeguard Measure 5
  • Article   9.2 Conditions and Limitations 5
  • Article   9.3 Provisional Safeguard Measures 5
  • Article   9.4 Compensation 5
  • Article   9.5 Global Safeguard Measures 5
  • Article   9.6 Definitions 5
  • Chapter   TEN Cross-border Trade In Services 5
  • Article   10.1 Scope and Coverage 5
  • Article   10.2 National Treatment 5
  • Article   10.3 Most-favoured-nation Treatment 5
  • Article   10.4 Market Access 5
  • Article   10.5 Local Presence 5
  • Article   10.6 Non-conforming Measures 5
  • Article   10.7 Domestic Regulation 5
  • Article   10.8 Transparency In Development and Application of Regulations 5
  • Article   10.9 Recognition 5
  • Article   10.10 Transfers and Payments 5
  • Article   10.11 Denial of Benefits 5
  • Article   10.12 Specific Commitments 6
  • Article   10.13 Implementation 6
  • Article   10.14 Definitions 6
  • Chapter   ELEVEN Investment 6
  • Article   11.1 Scope and Coverage 6
  • Article   11.2 Relation to other Chapters 6
  • Article   11.3 National Treatment 6
  • Article   11.4 Most-favoured Nation Treatment 6
  • Article   11.5 Minimum Standard of Treatment (11-1) 6
  • Article   11.6 Treatment In Case of Strife 6
  • Article   11.7 Expropriation and Compensation (11-2) 6
  • Article   11.8 Transfers 6
  • Article   11.9 Performance Requirements 6
  • Article   11.10 Senior Management and Boards of Directors 6
  • Article   11.11 Investment and Environment 6
  • Article   11.12 Denial of Benefits 6
  • Article   11.13 Non-conforming Measures 6
  • Article   11.14 Special Formalities and Information Requirements 6
  • Article   11.15 Implementation 6
  • Article   11.16 Consultations on Investor-state Dispute Settlement 6
  • Article   11.17 Definitions 6
  • Chapter   TWELVE Telecommunications 7
  • Article   12.1 Scope and Coverage 7
  • Section   A Access to and Use of Public Telecommunications Services 7
  • Article   12.2 Access and Use 7
  • Section   B Suppliers of public telecommunications services (12-1) 7
  • Article   12.3 Interconnection 7
  • Article   12.4 Number portability 7
  • Article   12.5 Dialing parity 7
  • Article   12.6 Submarine cable systems 7
  • Section   C Conduct of major suppliers of public telecommunications services (12-2) (12-3) 7
  • Article   12.7 Treatment by major suppliers 7
  • Article   12.8 Competitive safeguards 7
  • Article   12.9 Resale 7
  • Article   12.10 Unbundling of network elements 7
  • Article   12.11 Interconnection 7
  • Article   12.12 Provisioning and pricing of leased circuit services 7
  • Article   12.13 Co-location 7
  • Article   12.14 Access to poles, ducts, conduits, and rights of way 7
  • Section   D Other measures 7
  • Article   12.15 Flexibility in the choice of technology 7
  • Article   12.16 Conditions for the supply of value-added services 7
  • Article   12.17 Independent regulatory bodies and divestment 7
  • Article   12.18 Universal service 7
  • Article   12.19 Regulatory procedures 7
  • Article   12.20 Allocation and use of scarce telecommunications resources 7
  • Article   12.21 Enforcement 7
  • Article   12.22 Resolution of telecommunications disputes and appeal processes 7
  • Article   12.23 Forbearance (12-10) 8
  • Article   12.24 Relationship to other chapters 8
  • Article   12.25 Definitions 8
  • Chapter   THIRTEEN Financial services 8
  • Article   13.1 Scope and coverage 8
  • Article   13.2 National treatment 8
  • Article   13.3 Most-favoured-nation treatment 8
  • Article   13.4 Market access for financial institutions 8
  • Article   13.5 Cross-border trade 8
  • Article   13.6 New financial services 8
  • Article   13.7 Treatment of certain information 8
  • Article   13.8 Senior management and boards of directors 8
  • Article   13.9 Non-conforming measures 8
  • Article   13.10 Exceptions 8
  • Article   13.11 Regulatory transparency 8
  • Article   13.12 Self-regulatory organisations 8
  • Article   13.13 Payment and clearing systems 8
  • Article   13.14 Expedited availability of insurance services 8
  • Article   13.15 Recognition 8
  • Article   13.16 Financial services committee 8
  • Article   13.17 Consultations 8
  • Article   13.18 Dispute settlement 8
  • Article   13.19 Definitions 8
  • Chapter   FOURTEEN Competition-related Matters 9
  • Article   14.1 Objectives 9
  • Article   14.2 Competition Law and Anticompetitive Business Conduct 9
  • Article   14.3 Designated Monopolies 9
  • Article   14.4 State Enterprises and Related Matters 9
  • Article   14.5 Differences In Pricing 9
  • Article   14.6 Cross Border Consumer Protection 9
  • Article   14.7 Recognition and Enforcement of Monetary Judgments 9
  • Article   14.8 Transparency 9
  • Article   14.9 Cooperation 9
  • Article   14.10 Consultations 9
  • Article   14.11 Dispute Settlement 9
  • Article   14.12 Definitions 9
  • Chapter   FIFTEEN Government Procurement 9
  • Article   15.1 Scope and Coverage 9
  • Article   15.2 General principles 9
  • Article   15.3 Publication of procurement information 10
  • Article   15.4 Publication of notice of intended procurement 10
  • Article   15.5 Time limits 10
  • Article   15.6 Information on intended procurements 10
  • Article   15.7 Tendering procedures 10
  • Article   15.8 Limited tendering 10
  • Article   15.9 Treatment of tenders and awarding of contracts 10
  • Article   15.10 Ensuring integrity in procurement practices 11
  • Article   15.11 Domestic review of supplier challenges 11
  • Article   15.12 Exceptions 11
  • Article   15.13 Modifications and rectifications to coverage 11
  • Article   15.14 Cooperation 11
  • Article   15.15 Definitions 11
  • Chapter   SIXTEEN Electronic commerce 11
  • Article   16.1 General 11
  • Article   16.2 Electronic supply of services 11
  • Article   16.3 Customs duties 11
  • Article   16.4 Non-discriminatory treatment of digital products 11
  • Article   16.5 Authentication and digital certificates 11
  • Article   16.6 Online consumer protection 11
  • Article   16.7 Paperless trade administration 11
  • Article   16.8 Definitions 11
  • Chapter   SEVENTEEN Intellectual property rights 11
  • Article   17.1 General provisions 11
  • Article   17.2 Trademarks, including geographical indications 11
  • Article   17.3 Domain names on the internet 12
  • Article   17.4 Copyright 12
  • Article   17.5 Copyright works 12
  • Article   17.6 Performers and producers of phonograms 12
  • Article   17.7 Protection of encrypted programme-carrying satellite signals 12
  • Article   17.8 Designs 12
  • Article   17.9 Patents 12
  • Article   17.10 Measures related to certain regulated products 12
  • Article   17.11 Enforcement of intellectual property rights 13
  • Article   17.12 Transitional provisions 13
  • Chapter   EIGHTEEN Labour 13
  • Article   18.1 Statement of shared commitment 13
  • Article   18.2 Application and enforcement of labour laws 13
  • Article   18.3 Procedural guarantees and public awareness 13
  • Article   18.4 Institutional arrangements 13
  • Article   18.5 Labour cooperation 13
  • Article   18.6 Labour consultations 13
  • Article   18.7 Definitions 13
  • Chapter   NINETEEN Environment 14
  • Article   19.1 Levels of protection 14
  • Article   19.2 Application and enforcement of environmental laws 14
  • Article   19.3 Procedural guarantees and public awareness 14
  • Article   19.4 Voluntary mechanisms to enhance environmental performance 14
  • Article   19.5 Institutional arrangements and public participation 14
  • Article   19.6 Environmental cooperation 14
  • Article   19.7 Environmental consultations 14
  • Article   19.8 Relationship to environmental agreements 14
  • Article   19.9 Definitions 14
  • Chapter   TWENTY Transparency 14
  • Article   20.1 Contact points 14
  • Article   20.2 Publication 14
  • Article   20.3 Notification and provision of information 14
  • Article   20.4 Administrative agency processes (20-1) 14
  • Article   20.5 Review and appeal 14
  • Article   20.6 Definitions 14
  • Chapter   TWENTY-ONE Institutional arrangements and dispute settlement 14
  • Section   A Institutional arrangements and administration 14
  • Article   21.1 Joint committee 14
  • Section   B Dispute settlement proceedings 14
  • Article   21.2 Scope of application 14
  • Article   21.3 Administration of dispute settlement proceedings 14
  • Article   21.4 Choice of forum 14
  • Article   21.5 Consultations 14
  • Article   21.6 Referral of matters to the joint committee 14
  • Article   21.7 Establishment of panel 14
  • Article   21.8 Rules of procedure 14
  • Article   21.9 Panel Report 14
  • Article   21.10 Implementation of the Final Report 15
  • Article   21.11 Non-implementation 15
  • Article   21.12 Non-implementation In Certain Disputes 15
  • Article   21.13 Compliance Review 15
  • Article   21.14 Five-year Review 15
  • Article   21.15 Private Rights 15
  • Chapter   TWENTY-TWO General Provisions and Exceptions 15
  • Article   22.1 General Exceptions 15
  • Article   22.2 Essential Security 15
  • Article   22.3 Taxation 15
  • Article   22.4 Disclosure of Information 15
  • Article   22.5 Anti-corruption 15
  • Chapter   TWENTY-THREE Final Provisions 15
  • Article   23.1 Accession 15
  • Article   23.2 Annexes 15
  • Article   23.3 Amendments 15
  • Article   23.4 Entry Into Force and Termination 15
  • ANNEX I  15
  • ANNEX I  Schedule of australia 15
  • ANNEX I  Schedule of the united states 17
  • ANNEX II  17
  • ANNEX II  Schedule of australia 17
  • ANNEX II  Schedule of united states 18