Syrian Arab Republic - Turkey FTA (2004)
Previous page

1. Both Parties will exert all necessary efforts to develop Economic, Scientific, Technical and Commercial Cooperation between the two sides.

2. Both Parties will promote and facilitate continuously the enhancement and diversification of trade exchanges and economic and technical cooperation between their economic establishments, enterprises, organisations and institutions within the framework of their respective rules and regulations as well as their international obligations.

3. Turkey shall give priority for providing Syria with technical assistance in the primary fields of economic co-operation referred in Article 32.

4. Parties will encourage operations designed to develop co-operation among the countries of the region and particularly the ones taking part within the Euro- Mediterranean Partnership.

Article 30. Scope

1. Co-operation and technical assistance shall;
a) focus primarily on infant industries, sectors suffering from internal difficulties or affected by the overall process of liberalization of the Syrian economy and in particular by the liberalisation of trade between Syria and Turkey.
b) focus on areas likely to bring the economies of the Parties closer together.
c) focus on capacity building and training programs, which would assist in creating the necessary institutions and human resources for implementation of this Agreement with Syria.
d) encourage the implementation of measures designed to develop intra-regional co-operation.
e) support joint-ventures, twinning initiatives and joint investments amongst the private sector institutions.
2. The Parties agree to extend economic co-operation to other areas not covered by the provisions of this Chapter such as and not inclusive to irrigation, transportation, communication, higher education, tourism, development and planning.

Article 31. Methods and Modalities

1. The Agreements concluded between the Parties in the fields of the economic, commercial, technical and scientific co-operation shall be implemented without prejudicing the provisions of this Agreement.

2. The Parties shall further determine the methods and modalities for economic co-operation and technical assistance; in particular within the work of the Association Council referred in Article 39. In this regard, the Association Council may decide to establish sub- committees.

3. Economic co-operation and technical assistance shall be implemented in particular by: a) regular exchange of information and ideas in every sector of co-operation including meetings of officials and experts; b) encouragement of reciprocal participation in fairs and exhibitions; c) transfer of advice, expertise and training; d) implementation of joint actions such as seminars and workshops; e) technical, administrative and regulatory assistance; f) encouragement of joint ventures; g) dissemination of information on co-operation.

Article 32. Primary Fields of Economic Co-operation

The co-operation under the scope of this Agreement shall primarily involve the following fields referred in detail between Articles 33 to 36 of the Agreement:
a) Industry;
b) Agriculture;
c) Services;
d) Small and medium-sized enterprises.

Article 33. Industrial Co-operation

The main aim of industrial co-operation will be to support Syria, in its efforts to modernize and diversify industry and, in particular, to create an environment favourable to private sector and industrial development by enhancing co-operation between the two Parties' economic operators.

Article 34. Co-operation In the Agriculture and Fisheries

Taking into account the importance of co-operation in agriculture and fisheries towards the enhancement of bilateral relations, the Parties determined the following as the desired fields of co-operation:
a) exchange of scientific and technical information and expertise relating to agriculture, forestry, water resources and rural development;
b) reciprocal exchange of experts;
c) organization of training, seminars, conferences and meetings, in either of the Parties;
d) establishment of direct joint activities between the respective institutions;
e) encouragement of investment and trade on agricultural production, processing and marketing in both countries and in other markets.

Article 35. Co-operation In Services

1. The Parties to this Agreement recognize the growing importance of trade in services. In their efforts to gradually develop and broaden their co-operation, in particular in the context of the Euro-Mediterranean Partnership, they will cooperate with the aim of achieving a progressive liberalization and mutual opening of their markets for trade in services, taking into account relevant provisions of the WTO-General Agreement on Trade in Services (GATS) and multilateral trade negotiations with that respect.

2. The Parties will discuss the means of co-operation in the area of services at the Association Council.

Article 36. Co-operation between Small and Medium-Sized Enterprises

1. With the view to further enhance trade and economic activities, the Parties shall give priority to promoting business and investment opportunities as well  as joint ventures between small and medium sized enterprises (SMEs) of the two countries. Within this context, the Parties will;

a) exchange expertise on entrepreneurship, management, research and management centres, quality and production standards;

b) provide market information to create investment opportunities;

c) furnish published documents concerning SMEs.

2. Turkey shall support Syria's efforts towards capacity building for the related private sector institutions.

Chapter V. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 37 . Establishment of the Syria - Turkey Association Council

An Association Council is hereby established which as a rule shall be headed by Ministers in charge of foreign trade and meet at least once a year in accordance with the conditions laid down in its rules of procedure.

Article 38. Duties of the Association Council

The Association Council shall review the progress made in the implementation of this Agreement and in the cooperation to support Syrian economic reform and development efforts. It shall also examine any major issues arising within the framework of this Agreement including its economic and social impact and any other bilateral or international issues of mutual interest.

Article 39. Procedures of the Association Council

1. The Association Council shall consist of officials, public and private sector representatives of both Parties.

2. The Association Council shall establish its rules of procedure.

3. The Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for therein.

4. The decisions taken shall be binding on the Parties that shall take the measures necessary to implement the decisions taken. The Association Council may also make appropriate recommendations.

5. The Association Council may upon necessity establish working groups or bodies for the implementation of the Agreement.

6. It shall draw up its decisions and recommendations by agreement between the two Parties.

Article 40. Establishment of the Association Committee

1. Subject to the powers of the Association Council, an Association Committee is hereby established which shall be responsible for the implementation of the Agreement.

2. The Association Council may delegate to the Association Committee, in full or in part, any of its powers.

Article 41. Procedures of the Association Committee

1. The Association Committee shall convene at Under-secretarial/Deputy Ministerial level at least twice a year alternatively in Turkey and Syria.

2. The Association Committee shall establish its rules of procedure.

3. The Association Committee shall have the power to take decisions for the implementation of the Agreement as well as in the areas in which the Council has delegated its powers to it.

4. It shall draw up its decisions by agreement between the two Parties. These decisions shall be binding on the Parties that shall take the measures necessary to implement the decisions taken.

Article 42. Security Exceptions

Nothing in this Agreement shall prevent the Parties from taking any measures, which they consider necessary:

1. to prevent the disclosure of information contrary to their essential security interests;

2. for the protection of their essential security interests or for the implementation of international obligations or national policies:

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

b) relating to the non-proliferation of biological and chemical weapons, nuclear weapons or other nuclear explosive devices; or

c) in time of war or other serious international tension constituting threat of war.

Article 43. Fulfilment of Obligations

1. The Parties shall take all necessary measures to ensure the achievement of the objectives of this Agreement and the fulfilment of their obligations under this Agreement.

2. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, the Party concerned may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 22 of this Agreement.

Article 44. Dispute Settlement

1. Either Party may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.

2. The Association Council may settle the dispute by means of a decision.

3. Each Party shall be bound to take measures involved in carrying out the decision referred to in paragraph 2.

4. In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months.

5. The two arbitrators shall agree on a third arbitrator being a citizen of a third country of which both Parties have diplomatic relations. In case of failure to agree on the third arbitrator within two months, the necessary appointment shall be made by the Association Council.

6. The arbitrators’ decisions shall be taken by majority vote.

7. Each Party to the dispute must take the steps required to implement the decision of the arbitration.

Article 45. Evolutionary Clause

1. Where either Party considers that it would be useful and in the interest of the economies of the Parties to develop the relations established by this Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Party. The Association Council may instruct the Association Committee to examine this request and, where appropriate, to make recommendations to it, particularly with a view to opening negotiations.

2. Agreements resulting from the procedure referred to in paragraph 1 will be subject to ratification or approval by the Parties to this Agreement in accordance with their national legislation.

Article 46. Amendments

Amendments to this Agreement, as well as to its Annexes and Protocols, shall enter into force upon the exchange of written notifications through diplomatic channels, by which the parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of this Agreement have been fulfilled.

Article 47. Protocols and Annexes

Protocols and Annexes to this Agreement shall form an integral part thereof. The Association Council may decide to amend the Protocols and Annexes in accordance with the national legislation of the Parties.

Article 48. Duration and Denunciation

1. This Agreement is concluded for an indefinite period of time.

2. Either party may denounce this Agreement by a written notification to the other Party. The Agreement shall terminate on the first day of the seventh month following the date when the other Party received the denunciation notice.

Article 49. Entry Into Force

1. This Agreement shall enter into force on the first day of the second month, following the date on which the Parties have notified each other through diplomatic channels, that their internal legal requirements for the entry into force of this Agreement have been fulfilled.

2. Upon its entry into force, this Agreement shall replace the following Agreements between the Parties:

a) Accord de Commerce Entre Le Gouvernement de la République Arabe Syrienne et le Gouvernemet de la République de Turquie (Commercial Agreement between the Government of The Syrian Arab Republic and the Government of the Republic of Turkey -signed on 17 September 1974).

b) Agreement between the Government of the Syrian Arab Republic and the Government of the Republic of Turkey concerning the establishment of the Syrian - Turkish Joint Committee for Economic, Scientific, Technical and Commercial Co-operation (signed on 23 March 1982).

c) Long-Term Economic Co-operation Agreement between the Government of the the Syrian Arab Republic and the Government of the Republic of Turkey (signed on 23 March 1982).

Conclusion

3. IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto, have signed this Agreement.

4. DONE at ---- day of----- two thousand and four in duplicate copies in the Arabic, Turkish and English languages, all texts being equally authentic. In case of divergence the English text shall prevail.

Previous page Page 2
  • Chapter   GENERAL PRINCIPLES 1
  • Article   Objectives 1
  • Chapter   II FREE MOVEMENT OF GOODS INDUSTRIAL PRODUCTS 1
  • Article   Scope 1
  • Article   Abolition of Customs Duties on Imports and Charges Having Equivalent Effect 1
  • Article   Customs Duties of a Fiscal Nature 1
  • Article   5 Structural Adjustment 1
  • BASIC AND PROCESSED AGRICULTURAL PRODUCTS AND FISHERIES 1
  • Article   6 Scope 1
  • Article   Exchange of Concessions 1
  • Article   8 Sanitary and Phytosanitary Measures 1
  • Article   9 Specific Safeguards on Agricultural Products 1
  • COMMON PROVISIONS 1
  • Article   10 Classification of Goods 1
  • Article   11 Basic Duties 1
  • Article   12 Customs Duties on Imports or Exports and Charges Having Equivalent Effect 1
  • Article   13 Quantitative Restrictions and Prohibitions on Imports or Exports and Measures Having Equivalent Effect 1
  • Article   14 Internal Taxation 1
  • Article   15 Customs Unions, Free Trade Areas, Frontier Trade and other Preferential Agreements 1
  • Article   16  Dumping and Subsidies 1
  • Article   17 Emergency Action on Imports of Particular Products 1
  • Article   18 Re-export and Serious Shortage 1
  • Article   19 General Exceptions 1
  • Article   20 Rules of Origin and Co-operation between the Customs Administrations 1
  • Article   21 Balance of Payments Difficulties 1
  • Article   22 Notifications and Consultations Procedure for the Application of Measures 1
  • Chapter   II TRADE-RELATED PROVISIONS 1
  • Article   23 Payments and Transfers 1
  • Article   24 Rules of Competition Concerning Undertakings, State Aid 1
  • Article   25 Intellectual, Industrial and Commercial Property 1
  • Article   26 State Monopolies 1
  • Article   27 Public Procurement 1
  • Article   28 Technical Regulations 1
  • Chapter   IV ECONOMIC AND TECHNICAL COOPERATION 1
  • Article   29 Objective 2
  • Article   30 Scope 2
  • Article   31 Methods and Modalities 2
  • Article   32 Primary Fields of Economic Co-operation 2
  • Article   33 Industrial Co-operation 2
  • Article   34 Co-operation In the Agriculture and Fisheries 2
  • Article   35 Co-operation In Services 2
  • Article   36 Co-operation between Small and Medium-Sized Enterprises 2
  • Chapter   V INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 2
  • Article   37  Establishment of the Syria - Turkey Association Council 2
  • Article   38 Duties of the Association Council 2
  • Article   39 Procedures of the Association Council 2
  • Article   40 Establishment of the Association Committee 2
  • Article   41 Procedures of the Association Committee 2
  • Article   42 Security Exceptions 2
  • Article   43 Fulfilment of Obligations 2
  • Article   44 Dispute Settlement 2
  • Article   45 Evolutionary Clause 2
  • Article   46 Amendments 2
  • Article   47 Protocols and Annexes 2
  • Article   48 Duration and Denunciation 2
  • Article   49 Entry Into Force 2