(b) for any other proposed modification, information as to the likely consequences of the change for the mutually agreed coverage provided in this Agreement.
2. A Party may withdraw or replace a covered entity by making the appropriate compensatory adjustment to its coverage to maintain a level of coverage comparable to that existing prior to the modification. No compensatory adjustment shall be provided to an affected Party in respect of the following modifications made by a Party to its coverage under this Chapter:
(a) rectifications of a purely formal nature and minor amendments to the Appendices; and
(b) where Government control or influence over the entity's covered procurements has been effectively eliminated upon its corporatisation or privatisation.
Article 6.22. Electronic Procurement
1. The Parties shall endeavour, within the context of their commitment to promote electronic commerce, to seek to provide opportunities for e-procurement.
2. Each Party shall endeavour to work toward a single entry point for the purpose of enabling suppliers to access information on procurement opportunities in its territory.
3. Each Party shall, to the extent possible, make procurement opportunities that are available to the public accessible to suppliers via publically available electronic mediums or means. To the extent possible, each Party shall make available relevant documentation by the same medium or means.
4. For each case of intended procurement, the procuring entity shall publish a summary notice in English. The notice shall contain at least the following information:
(a) the subject matter of the contract;
(b) the time-limits set for the submission of tenders or an application to be invited to tender; and
(c) the addresses and contact from which documents relating to the contracts may be requested.
5. Each Party shall encourage its entities to publish, as early as possible in the fiscal year, information regarding the entity's indicative procurement plans in the e-procurement portal.
Article 6.23. Challenge Procedures
1. In the event of a complaint by a supplier of a Party that there has been a breach of this Chapter in the context of procurement by another Party, that Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity of that other Party. In such instances the procuring entity of that other Party shall accord timely and impartial consideration to any such complaint, in such a manner that is not prejudicial to obtaining corrective measures under the challenge system.
2. Each Party shall provide suppliers of the Parties with non-discriminatory, timely, transparent and effective procedures to challenge alleged breaches of this Chapter arising in the context of procurements in which they have an interest.
3. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.
4. Unless the tender document specifies otherwise, a Party's total liability for any breach of this Chapter or compensation for loss or damages suffered shall be limited to the costs for tender preparation reasonably incurred by the supplier for the purpose of the procurement.
5. The issues arising under paragraphs 1 to 4 of this Article are to be determined by each Party according to its domestic laws and regulations.
Article 6.24. Exceptions
1. Nothing in this Chapter shall be construed to prevent any Party from taking any action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.
2. 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 the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent any Party from imposing or enforcing measures:
(a) necessary to protect public morals, order or safety;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to protect intellectual property; or
(d) relating to the products or services of handicapped persons, of philanthropic institutions or of prison labour.
Article 6.25. Progressive Liberalisation
In line with the goal of further market liberalisation, the Parties shall, at meetings of the Joint Committee, review their commitments under this Chapter with the view to progressively improving them, taking into account their current respective levels of commitments.
Article 6.26. Non-disclosure of Information
1. The Parties, their covered entities, and their review authorities shall not disclose confidential information the disclosure of which would prejudice legitimate commercial interests of a particular person or might prejudice fair competition between suppliers, without the formal authorization of the person that provided the information to the Party.
2. Nothing in this Chapter shall be construed as requiring a Party or its covered entities to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest.
Article 6.27. Language
To improve market access to each others procurement markets, each Party shall where possible, use English in its publication of materials or information pertaining to procurement, including in the publications listed in Annex 8B and in the context of any electronic procurement pursuant to Article 6.22.
Chapter 7. ELECTRONIC COMMERCE
Article 7.1. General
The Parties recognise the economic growth and opportunity provided by electronic commerce and the importance of avoiding barriers to its use and development.
Article 7.2. Definitions
For the purposes of this Chapter:
(a) Carrier medium means any physical object capable of storing a digital product by any method now known or later developed, and from which a digital product can be perceived, reproduced, or communicated, directly or indirectly, and includes, but is not limited to, an optical medium, a floppy disk, or a magnetic tape;
(b) digital products means computer programmes, text, video, images, sound recordings and other products that are digitally encoded, regardless of whether they are fixed on a carrier medium or transmitted electronically; (9)
(c) electronic transmission or transmitted electronically means the transfer of digital products using any electromagnetic or photonic means; and
(d) using electronic means, means employing computer processing.
Article 7.3. Electronic Supply of Services
The Parties agree that delivery by electronic means is to be considered as the supply of services using electronic means, within the meaning of the Chapter 5 (Trade in Services).
Article 7.4. Digital Products
1. A Party shall not apply customs duties or other duties, fees, or charges on or in connection with the importation or exportation of digital products by electronic transmission. (10)
2. Each Party shall determine the customs value of an imported carrier medium bearing a digital product according to the cost or value of the carrier medium alone, without regard to the cost or value of the digital product stored on the carrier medium.
3. A Party shall not accord less favourable treatment to some digital products than it accords to other like digital products:
(a) on the basis that
(i) the digital products receiving less favorable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, outside its territory; or
(ii) the author, performer, producer, developer, or distributor of such digital products is a person of the other Party or a non-Party; or
(b) so as otherwise to afford protection to the other like digital products that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in its territory.
4. A Party shall not accord less favourable treatment to digital products:
(a) created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party than it accords to like digital products created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in the territory of a non-Party.
(b) whose author, performer, producer, developer, or distributor is a person of the other Party than it accords to like digital products whose author, performer, producer, developer, or distributor is a person of a non-Party.
5. Paragraphs 3 and 4 of this Article are subject to relevant exceptions or reservations set out in this Agreement or its Annexes, if any.
6. This Chapter does not apply to measures affecting the electronic transmission of a series of text, video, images, sound recordings, and other products scheduled by a content provider for aural and/or visual reception, and for which the content consumer has no choice over the scheduling of the series.
Chapter 8. COOPERATION
Article 8.1. Objectives and Scope
1. The Parties agree to establish a framework for cooperation between one or more of the GCC Member States and Singapore as a means to expand and enhance the benefits of this Agreement.
2. The Parties affirm the importance of all forms of cooperation, with particular attention given to
(i) Information and Communications Technology (ICT);
(ii) Media;
(iii) Energy;
(iv) Electronic Commerce;
(v) Halal Certification Standards and Halal Mark;
(vi) Air Services; and
(vii) Business visits in contributing towards implementation of the objectives and principles of this Agreement.
3. Chapter 9 (Settlement of Disputes) shall not apply to any matter or dispute arising from this Chapter.
Article 8.2. Cooperation In the Field of Information and Communications Technology (ICT)
The Parties, recognising the rapid development, led by the private sector, of ICT and of business practices concerning ICT-related services both in the domestic and the international contexts, shall co-operate to promote the development of ICT and ICT-related services with a view to obtaining the maximum benefit of the use of ICT for the Parties.
Article 8.3. Areas and Forms of Cooperation
1. The areas of co-operation pursuant to paragraph 2 of Article 8.1 may include the following:
(a) promotion of electronic commerce;
(b) promotion of the use by consumers, the public sector and the private sector, of ICT-related services, including newly emerging services; and
(c) human resource development relating to ICT.
2. The Parties may set out specific areas of co-operation which they deem important.
3. The forms of co-operation pursuant to paragraph 2 of Article 8.1 may include the following:
(a) promoting dialogue on policy issues;
(b) promoting co-operation between the respective private sectors of the Parties;
(c) enhancing co-operation in international fora relating to ICT; and
(d) undertaking other appropriate co-operative activities.
Article 8.4. Electronic Commerce
Recognizing the global nature of electronic commerce, the Parties shall encourage co-operative activities to promote electronic commerce. The areas of co-operation may include the following:
(a) promoting and facilitating the use of electronic commerce by small and medium sized enterprises; and
(b) sharing information and experiences as mutually agreed on laws, regulations and programmes in the sphere of electronic commerce.
Article 8.5. Halal Certification Standards and Halal Mark
Within one year of the entry into force of this Agreement, the Parties will negotiate and make arrangements to provide for recognition by the GCC Member States of Singaporeâs Halal Certification Standards and Halal Mark.
Article 8.6. Air Services Cooperation
The Parties, recognising the importance of air transport services in their respective economies, endeavour to cooperate in the air services sector. Such cooperation may include, inter alia, concluding or enhancing in a mutually beneficial manner air services agreements between one or more of the GCC Member States and Singapore.
Article 8.7. Business Visits Cooperation
The Parties, recognising the importance of the exchange of business visits in their respective economies, shall promote such visits and exchanges, including pre- establishment visits, between the Parties.
Chapter 9. SETTLEMENT OF DISPUTES
Article 9.1. Objective, Scope and Definitions
1. The objective of this Chapter is to provide the Parties with a dispute settlement mechanism that aims at achieving, where possible, mutually agreed solutions.
2. The provisions of this Chapter shall apply with respect to any dispute where the GCC Member States or Singapore considers that the other Party is in breach of a provision of this Agreement, except where otherwise expressly provided in this Agreement.
3. The dispute settlement procedures of this Chapter are without prejudice to a disputing Party's right to seek recourse in dispute settlement procedures in the WTO, provided that the Joint Committee has been informed at least thirty (30) days before invoking such procedures.
4. Where a disputing Party has instituted a dispute settlement proceeding under either this Chapter or the WTO Agreement, it shall decide on one forum to the exclusion of the other. For the purposes of this paragraph, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for a panel under Article 6 of Annex 2 to the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO Agreement.
5. For the purposes of this Chapter, unless the context otherwise expressly indicates:
(a) advisor means any person retained by any disputing Party to advise or assist that Party in connection with the arbitration panel proceeding;
(b) arbitration panel means an arbitration panel established pursuant to Article 9.4;
(c) complaining party means any Party that requests the establishment of an arbitration panel under Article 9.4;
(d) representative of a disputing party means an employee, or a natural or juridical person appointed by a government department or agency or of any other government entity of a Party; and
(e) responding party means any Party alleged to be in breach of this Agreement.
Article 9.2. Consultations
1. The Parties shall endeavour to resolve any dispute arising from this Agreement through good faith consultations, with the aim of reaching a mutually agreed solution.
2. Any one or more of the GCC Member States may request in writing, consultations with Singapore and vice versa (hereinafter referred to as "disputing Parties"), stating the reasons for the request, including identification of the measures at issue and the indication of the legal basis for the complaint. The Joint Committee shall be informed of such requests.
Article 9.3. Good Offices, Conciliation or Mediation
1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the disputing Parties so agree.
2. Good offices, conciliation and mediation may be requested at any time by any disputing Party. They may commence at any time and be terminated at any time.
3. Proceedings involving good offices, conciliation or mediation, and in particular, positions taken by the disputing parties during these proceedings, shall be confidential, and without prejudice to the rights of any Party in any proceedings under this Chapter or in other proceedings.
4. If the disputing Parties agree, good offices, conciliation or mediation may continue while the proceedings of the arbitration panel provided for in this Chapter are in progress.
5. Any disputing Party may inform the Joint Committee of the dispute and request the Joint Committee to act under this Article to amicably resolve the dispute. On receipt of such request, the Joint Committee shall act under this Article.
6. Where the dispute is resolved through good offices or conciliation by another person or body, the disputing Parties shall notify the Joint Committee of the outcome.
Article 9.4. Establishment of Arbitration Panel
1. A complaining Party may request in writing, to the Party complained against, for the establishment of an arbitration panel if:
(a) consultations under Article 9.2 are not held within thirty (30) days from the date of receipt of the request for such consultations;
(b) the disputing Parties fail to resolve the dispute through consultations under Article 9.2 within sixty (60) days after the date of commencement of the consultations, unless the disputing Parties agree to continue the consultations; or
(c) a disputing Party fails to comply with the mutually agreed solution within the agreed timeframe.
2. Any request for the establishment of an arbitration panel shall indicate whether consultations under Article 9.2 were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint, including the provisions of this Agreement alleged to have been breached and any other relevant provisions, sufficient to present the problem clearly.
Article 9.5. Composition of Arbitration Panel
1. Unless the disputing Parties agree otherwise, an arbitration panel shall consist of three (3) members.
2. Each of the disputing Parties shall, within thirty (30) days after the date of receipt of the request for the establishment of an arbitration panel, separately appoint one arbitrator who may be a national of the disputing Parties.
3. Where the disputing Parties have appointed their respective arbitrators, the arbitrators shall, within fifteen (15) days of the appointment of the second of them, designate by common agreement, the third arbitrator. If any disputing Party disapproves the designated third arbitrator, it shall, within seven (7) days from the date of designation, notify its disapproval of the third arbitrator to the other disputing Party and to the two arbitrators.
4. Where no third arbitrator has been appointed within the periods specified in this Article, or where any Party has disapproved the designation of a third arbitrator under paragraph 3 of this Article, any disputing Party may, within forty-five (45) days of the period within which the appointment should be made, request the Director-General of the WTO to appoint the third arbitrator. This appointment shall be final.
5. The third arbitrator shall be appointed as the Chairperson of the arbitration panel. He or she shall not be a national of, nor have his or her usual place of residence in, nor be employed by, any of the disputing Parties. He or she shall also not have dealt with the dispute in any capacity.
6. If any of the arbitrators resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and the successor arbitrator shall have all the powers and duties of the original arbitrator. The arbitration panel proceedings shall be suspended until a successor arbitrator is appointed.
7. Any person appointed as an arbitrator shall have specialised knowledge or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements. The arbitrators shall be independent, serve in their individual capacities, not be affiliated with, or take instructions from, any organisation or government or have any conflict of interest. The arbitrators shall comply with the Code of Conduct for Members of Arbitration Panels set out in Annex 9.
8. The date of establishment of the arbitration panel shall be the date on which the Chairperson is appointed.
Article 9.6. Suspension and Termination of Proceedings
1. The arbitration panel may, at the written request of the disputing Parties, suspend its work at any time for a period not exceeding twelve (12) months. Once the period of twelve (12) months has been exceeded, the authority for the establishment of the arbitration panel will lapse.
2. The disputing Parties may agree to terminate the proceedings of an arbitration panel at any time before the issuance of the award by jointly notifying the Chairperson of the arbitration panel.
Article 9.7. Amicable Resolution
1. Before the arbitration panel issues its draft award, it may, at any stage of the proceedings, propose to the disputing Parties that the dispute be settled amicably.
2. The disputing Parties shall notify the Joint Committee when a dispute which has been referred to an arbitration panel is resolved amicably.
Article 9.8. Compliance with Award
1. The arbitration panel award is final and binding from the date of its notification to the disputing parties.
2. The arbitration panel shall make its award based on the provision of this Agreement, applied and interpreted in accordance with the rules of interpretation of public international law. The award cannot add to or diminish the rights and obligations provided in this Agreement.
3. The arbitration panel's decision on the length of time required to implement the award will be final. The award must be complied with within this time. Where no time is prescribed for implementing the award, the award must be complied with within ninety (90) days of the date of the notification of the award.
4. The disputing Parties may agree on a different period of time for the award to be complied with. In the absence of such agreement, where an award has not been complied with, either of the disputing Parties may request the arbitration panel to prescribe another period of time within which the award must be complied with.
5. Before the expiry of the deadline for implementation determined under paragraph 3 of this Article, the responding Party will notify the complaining Party and the Joint Committee of the action it has taken in order to comply with the arbitration award.
6. Where there is disagreement between the disputing Parties as to the conformity with the award of the action taken by the responding Party as notified in paragraph 5 of this Article with the award, the matter will be referred to the original arbitration panel.
Article 9.9. Non-compliance, Compensation and Suspension of Benefits
1. If the responding Party does not notify any action in order to comply with the arbitration panel award before the expiry of the implementation deadline as required under paragraph 3 of Article 9.8, or otherwise fails to comply with the award in accordance with this Agreement, it shall, if so requested by the complaining party, and no later than after the expiry of a reasonable period of time, enter into negotiations with the complaining Party to develop mutually acceptable compensation.
2. If no agreement is reached between the disputing Parties within twenty (20) days after the expiry of the reasonable period of time, the complaining party may refer the matter to the original arbitration panel to determine whether the responding Party has failed to comply with the arbitration panel award and, if so, to determine the appropriate level of any suspension of the application to the responding Party of benefits or other obligations under this Agreement.
3. The suspension of benefits may commence thirty (30) days following the end of the period awarded under paragraph 3 of Article 9.8 or after an arbitration panel has found that the measure taken to comply is not in conformity with the Agreement. The complaining party shall notify the responding Party of the benefits it intends to suspend fifteen (15) days before the date on which the suspension is due to enter into force.
4. The complaining Party will first seek to suspend benefits or other equivalent obligations in the same sector or sectors affected. If the complaining party considers that it is not practical or effective to suspend benefits or obligations in the same sector or sectors affected, it may suspend them in other sectors under this Agreement, indicating the reasons to justify its decision.
5. The responding Party may request the original arbitration panel to rule on whether the level of suspension of benefits notified by the complaining party is equivalent to the nullification and impairment suffered as a result of the breach and/or whether the proposed suspension is in accordance with paragraph 2 of this Article. The original arbitration panel will issue its ruling within thirty (30) days from the arbitration panel's re-establishment. If a member of the original arbitration panel is unavailable, the procedures laid down under Article 9.5 will apply for the selection of a replacement arbitrator. The period for issuing the arbitration ruling in this instance remains thirty (30) days from the date of the re-establishment of the arbitration panel.