(d) observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved.
3. Former panellists shall comply with the obligations established in paragraphs 17 through 20 of this Annex.
Disclosure Obligations
4. Prior to confirmation of his or her selection as a panellist under Article 16.9, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
5. Once selected, a panellist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disclose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panellist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.
Performance of Duties by Panellists
6. A panellist shall –
(a) comply with the provisions of this Chapter and its Annexes;
(b) on selection, perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence;
(c) not deny other panellists the opportunity to participate in all aspects of the proceeding;
(d) consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person;
(e) take all appropriate steps to ensure that the panellist’s assistant and staff are aware of and comply with, paragraphs 2, 3, 4, 5, 9, 10 and 11; of this Annex;
(f) not engage in ex parte contacts concerning the proceeding.
(g) not communicate matters concerning actual or potential violations of this Annex by another panellist unless the communication is to both Parties or is necessary to ascertain whether that panellist has violated or may violate this Annex; and
(h) keep a record and render a final account of the time devoted to the panel proceedings and of his or her expenses, as well as the time and expenses of his or her staff and assistants.
Independence and Impartiality of Panellists
7. A panellist shall –
(a) be independent and impartial;
(b) act in a fair manner and shall avoid creating an appearance of impropriety or bias;
(c) not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism;
(d) not directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panellist’s duties;
(e) not use his or her position on the panel to advance any personal or private interests;
(f) avoid actions that may create the impression that others are in a special position to influence the panellist. A panellist shall make every effort to prevent or discourage others from representing themselves as being in such a position;
(g) not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the panellist’s conduct or judgment; and
(h) avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the panellist’s impartiality or that might reasonably create an appearance of impropriety or bias.
Duties in Certain Situations
8. A panellist or former panellist shall avoid actions that may create the appearance that the panellist was biased in carrying out the panellist’s duties or would benefit from the decision or report of the panel.
Maintenance of Confidentiality
9. A panellist or former panellist shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.
10. A panellist shall not disclose a panel report, or parts thereof, prior to its publication.
11. A panellist or former panellist shall not at any time disclose the deliberations of a panel, or any panellist’s view, except as required by legal or constitutional requirements.
12. A panellist shall not make a public statement regarding the panel proceeding.
Chapter 17. EXCEPTIONS
Article 17.1 : General Exceptions
1. For the purposes of Chapter 2 (Trade in Goods), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Technical Barriers to Trade), Chapter 6 (Sanitary and Phytosanitary Measures) and Chapter 7 (Rules of Origin), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.
2. For the purposes of Chapter 8 (Trade in Services) and Chapter 9 (Digital Trade) (1), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis.
Article 17.2: Security Exceptions
1. Nothing in this Agreement shall be construed:
(a) to require any Party to furnish or allow access to any information, the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to fissionable and fusionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;
(iv) taken so as to protect critical public infrastructure, including, but not limited to, critical communications infrastructures, power infrastructures and water infrastructures, from deliberate attempts intended to disable or degrade such infrastructures;
(v) taken in time of war or other emergency in international relations; or
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
2. Each Party shall to the extent possible inform the other Party of measures taken under subparagraphs 1(b) and (c) and of their termination.
Article 17.3: Taxation
1. Nothing in this Agreement shall apply to any taxation measure. (2)
2. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency.
Chapter 18. ADMINISTRATION OF THE AGREEMENT
Article 18.1: Joint Economic and Trade Council
A Joint Economic and Trade Council is hereby established which shall be co-chaired by Ministers in charge of international trade. The Joint Economic and Trade Council shall meet within two years after the entry into force of this Agreement unless otherwise agreed by the Parties. Thereafter, it shall meet whenever necessary.
Article 18.2: Duties of the Joint Economic and Trade Council
The Joint Economic and Trade Council shall review the progress made in the implementation of this Agreement. It shall also examine any major issues arising in relation to this Agreement and any other bilateral or international issues of mutual interest.
Article 18.3: Procedures of the Joint Economic and Trade Council
1. The Joint Economic and Trade Council shall consist of senior officials of the Parties.
2. The Joint Economic and Trade Council shall establish its rules of procedures and financial arrangements.
3. The Joint Economic and Trade Council may take decisions on any matter related to this Agreement subject to the respective internal legal procedures of the Parties. The Joint Economic and Trade Council may also make recommendations on matters related to this Agreement.
4. The Joint Economic and Trade Council shall take decisions and make recommendations by the consensus of the Parties.
Article 18.4: Joint Committee
1. The Parties hereby establish a Joint Committee consisting of senior officials designated by each Party.
2. The Joint Committee shall convene its inaugural meeting within one year after the entry into force of this Agreement. Thereafter, it shall meet every two years unless the Parties agree otherwise, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of the Parties unless the Parties agree otherwise.
3. The Joint Committee shall also hold special sessions, within 30 days upon the request of either Party unless agreed otherwise.
4. The functions of the Joint Committee shall be as follows:
(a) to review and assess the results and overall operation of this Agreement in the light of the experience gained during its application and its objectives;
(b) to consider and recommend any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement. Any such amendment shall enter into force in accordance with the procedure set forth in Article 19.2 (Amendments) and Article 19.6 (Entry into Force);
(c) to endeavour to amicably resolve disputes between the Parties arising from the interpretation or application of this Agreement;
(d) to supervise and coordinate the work of all sub-committees and working groups established under this Agreement;
(e) consider any other matter that may affect the operation of this Agreement;
(f) if requested by either Party, to propose mutually agreed interpretation to be given to the provisions of this Agreement;
(g) adopt decisions or make recommendations as envisaged by this Agreement; and
(h) to carry out any other functions as may be agreed by the Parties.
5. The Joint Committee shall establish its own rules of working procedures.
6. Meetings of the Joint Committee and of any standing or ad hoc sub-committees or working groups may be conducted in person or by any other means as determined by the Parties.
Article 18.5: Sub-Committees
1. The following sub-committees established under this Agreement are subject to the powers of the Joint Committee:
(a) Sub-Committee on Trade in Goods;
(b) Sub-Committee on Economy Cooperation; and
(c) Sub-Committee on Islamic Economy Cooperation.
2. The sub-committees, listed in paragraph 1, may set up ad hoc working groups to deal with specific issues referred to them by the Joint Committee. Other procedures and functions of the subcommittees are to be specified in the individual chapters which established such sub-committees.
3. The Joint Committee may establish sub-committees other than those listed in paragraph 1 as it considers necessary to assist it in accomplishing it tasks and address specific issues under any chapter of this Agreement.
Article 18.6: Communications
1. Each Party shall designate a contact point to receive and facilitate official communications among the Parties on any matter relating to this Agreement.
2. All official communications in relation to this Agreement shall be in the English language
Chapter 19. FINAL PROVISIONS
Article 19.1. Annexes, Side Letters and Footnotes
The Annexes, side letters and footnotes to this Agreement shall constitute an integral part of this Agreement.
Article 19.2. Amendments
1. This Agreement may be amended in writing by agreement between the Parties.
2. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
3. Amendments to this Agreement shall, after consideration and recommendation by the Joint Committee, be submitted to the Parties for ratification, acceptance or approval in accordance with the constitutional requirements or legal procedures of the respective Parties.
4. Amendments shall take the form of a protocol unless otherwise agreed by the Parties and shall be an integral part of the agreement.
5. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 19.6, unless otherwise agreed by the Parties.
Article 19.3. Accession
After the date of entry into force of this Agreement, any country may accede to this Agreement, subject to the consent of the Parties and to such terms and conditions agreed between the Parties and that country and following approval in accordance with the applicable legal requirements and procedures of each Party and acceding country.
Article 19.4. Duration and Termination
1. This Agreement shall remain in force, unless it is terminated.
2. Either Party may terminate this Agreement by written notification to the other Party and such termination shall take effect six months after the date of the notification.
Article 19.5. General Review
The Parties shall undertake a general review of the Agreement, with a view to furthering its objectives, within five years of the entry into force of this Agreement and at least every five years thereafter unless otherwise agreed by the Parties.
Article 19.6. Entry Into Force
1.The Parties shall ratify this Agreement in accordance with their domestic legal procedures.
2. When a Party has ratified this Agreement, that Party shall notify the other Party of such ratification, approval or acceptance in writing, through diplomatic channels, within a period of 60days from such ratification.
3. Unless the Parties agree otherwise, where both Parties have notified each other of such ratification, approval or acceptance, this Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification.
Article 19.7. Authentic Texts
This Agreement is done in duplicate in Arabic and English languages. All texts shall be equally authentic. In case of any divergence, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at