Article 4.10. Authorized Economic Operators
In order to facilitate trade and enhance compliance and risk management between them, the Parties shall endeavour to mutually conclude an AEO MRA.
Article 4.11. Border Agency Cooperation
Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this chapter.
Article 4.12. Express Shipments
Each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining appropriate customs control and selection. These procedures shall:
(a) provide for information necessary to release an express shipment to be submitted andprocessed before the shipment arrives;allow a single submission of information covering all goods contained in an express shipment such as a manifest through, if possible, electronic means; (1)
(b) to the extent possible, provide for the release of certain goods with a minimum ofdocumentation;
(c) under normal circumstances, provide for express shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived;
(d) apply to shipments of any weight or value, recognising that a Party may require formal entry procedures as a condition for release including declaration and supporting documentation and payment of customs duties, based on the good's weight or value; and
(e) provide that, under normal circumstances, no customs duties will be assessed onexpress shipments valued at or below a fixed amount set under the Party's law. (2)
Article 4.13. Review and Appeal
1.Each Party shall ensure that any person to whom it issues a determination on a customs matter has access to:
(a) at least one level of administrative review of determinations by its Customs Administration independent (3) of either the official or office responsible for the decision under review; and
(b) judicial review of decisions taken at the final level of an administrative review.
2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner.
3. Each Party shall ensure that an authority conducting a review or appeal under paragraph 1notifies the person in writing of its determination or decision in the review or appeal, and thereasons for the determination or decision.
Article 4.14. Customs Cooperation
1.With a view to further enhancing customs cooperation through the exchange of informationand the sharing of best practices to secure and facilitate lawful trade, the Customs Administrationsof the Parties will endeavour to conclude and sign a CMAA.
2.The Parties shall, for the purposes of applying customs legislations and to give effect to the provisions of this Agreement, endeavour to -
(a) co-operate and assist each other in the prevention and investigation of offences against customs legislations;
(b) upon request, provide each other with information to be used in the enforcement ofcustoms legislations; and
(c) co-operate in the research, development and application of new customs procedures, the training and exchange of personnel, sharing of best practices and any other matters of mutual interest.
3. Assistance under this Chapter shall be provided in accordance with the domestic law of the requested Party.
4. The Parties shall exchange official contact points with a view to facilitating the effective implementation of this Chapter.
Article 4.15. Confidentiality
1. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. Any information received under this Agreement shall be treated as confidential.
2. Each Party shall maintain, in accordance with its domestic laws, the confidentiality of information obtained pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.
Article 4.16. Subcommittee on Customs Procedures and Trade Facilitation
The Parties agree to establish a subcommittee on Customs Procedures and Trade Facilitation (CPTF subcommittee) under the committee on Trade in Goods consisting of government representatives of each Party's competent authorities.
Chapter 5. TECHNICAL BARRIERS TO TRADE
Article 5.1. Objectives
The objective of this Chapter is to facilitate trade, including by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practices.
Article 5.2. Scope
1. This Chapter shall apply to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures that may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter shall not apply to:
(a)purchasing specifications prepared by a governmental body for its production or consumption requirements which are covered by Chapter 11 (Government Procurement); or
(b) sanitary or phytosanitary measures which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).
Article 5.3. Affirmation and Incorporation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement which is incorporated into and made part of this Agreement, mutatis mutandis, other than Articles 7 and 8 of the TBT Agreement.
Article 5.4. International Standards
1. Each Party shall use relevant international standards, guides, and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and conformity assessment procedures.
2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall base its determination on the principles set out in the "Decision of theCommittee on Principles for the Development of International Standards, Guides andRecommendations with relation to Articles 2, 5 and Annex 3 of the Agreement", adopted on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (Annex 2 to PART 1 of G/TBT/1/Rev15) and any subsequent version thereof.
3. The Parties shall encourage cooperation between their respective national standardising organisations in areas of mutual interest, in the context of their participation in international standardising bodies, to ensure that international standards developed within such organisations are trade facilitating and do not create unnecessary obstacles to international trade.
Article 5.5. Technical Regulations
1. The Parties shall use international standards as a basis for preparing their technical regulations, unless those international standards are ineffective or inappropriate for achieving the legitimate objective pursued. Each Party shall, upon request of the other Party, provide its reasons for not having used international standards as a basis for preparing its technical regulations.
2. Each Party shall give positive consideration to a request by the other Party to negotiate arrangements for achieving the equivalence of technical regulations.
3. Each Party shall, upon request of the other Party, explain the reasons why it has not accepted a request by the other Party to negotiate such arrangements.
4. The Parties shall strengthen communications and coordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade.
Article 5.6. Conformity Assessment Procedures
1. The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Such mechanisms may include:
(a) recognising existing international multilateral recognition agreements and arrangements among conformity assessment bodies;
(b)promoting mutual recognition of conformity assessment results by the other Party, through recognising the other Party's designation of conformityassessment bodies;
(c) encouraging voluntary arrangements between conformity assessment bodies in the territory of each Party;
(d) accepting a supplier's declaration of conformity where appropriate;
(e) harmonising criteria for the designation of conformity assessment bodies, including accreditation procedures; or(f)other mechanisms as mutually agreed by the Parties
2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
3. In order to enhance confidence in the consistent reliability of conformityassessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.
4. Each Party shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon.
5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformityassessment results.
Article 5.7. Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective systems;
(b) enhancing cooperation between the Parties' regulatory agencies on matters of mutual interests including health, safety and environmental protection;
(c) facilitating trade by implementing good regulatory practices; and
(d) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives as set out in paragraph 1, the Parties shall, as mutually agreed and to the extent possible, co-operate on regulatory issues, which may include the:
(a) promotion of good regulatory practices based on risk assessment principles;
(b) exchange of information with a view to improving the quality and effectiveness of their technical regulations;
(c) development of joint initiatives for managing risks to health, safety or the environment and preventing deceptive practices; and
(d) exchange of market surveillance information where appropriate.
3. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation and metrology,with the view to facilitating trade and avoiding unnecessary obstacles to trade between the Parties.
Article 5.8. Transparency
1. Each Party shall, upon request of the other Party, provide information, including the objective of, and rationale for, a technical regulation or conformity assessment procedure which the Party has adopted or proposes to adopt and may affect the trade between the Parties, within a reasonable period of time as agreed between the Parties.
2. When a proposed technical regulation is notified to the WTO, a Party shall:
(a) give appropriate consideration to the comments received from the other Party; and
(b) upon request of the other Party, provide written answers to the commentsmade by the other Party.
3. The Parties shall ensure that all adopted technical regulations and conformityassessment procedures are publicly available.
Article 5.9. Contact Points
1. For the purposes of coordinating the implementation of this Chapter, the Contact Points are:
(a) For Malaysia: the Department of Standards Malaysia, or its successor; and
(b) For the UAE: the Standards and Regulations Sector, the Ministry of Industry and Advanced Technology, or its successor.
2. Each Party shall ensure that its contact point facilitate the exchange of information between the Parties on standards, technical regulations and conformityassessment procedures in response to all requests related to this chapter for such information from the other Party.
3. Each Party shall promptly notify the other Party of any change of its ContactPoint.
Article 5.10. Information Exchange and Technical Discussions
1. Any information or explanation that a Party provides upon request of the other Party pursuant to this Chapter shall be provided in print or electronically within a reasonable period of time. Each Party shall endeavour to respond to such a request within 60 days.
2. All communication between the Parties on any matter covered by this Chapter shall be conducted through the Contact Points designated under Article 5.9.
3. On request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavour, to the extent practicable, to enter into technical discussions by notifying the Contact Points designated under Article 5.9. Technical discussions may be conducted via any means agreed by the Parties.
Chapter 6. SANITARY AND PHYTOSANITARY MEASURES
Article 6.1. Definitions
1. The definitions in Annex A of the SPS Agreement are incorporated into and made part of this Chapter, mutatis mutandis.
2. In addition, for the purposes of this Chapter:
(a) Competent Authority means a government body of each Party responsible for measures and matters referred to in this Chapter;
(b) Contact Point means the government body of each Party that is responsible for the implementation and coordination of this Chapter; and
(c) emergency measure means a sanitary or phytosanitary measure that is applied by the importing Party to a good of the exporting Party to address an urgent problem of human, animal, or plant life or health protection that arises or threatens to arise in the importing Party.
Article 6.2. Objectives
The objectives of this Chapter are to:
(a) protect human, animal, and plant life or health while facilitating trade;
(b) enhance cooperation, communication, and transparency between the Parties; and
(c) ensure that the Parties' sanitary and phytosanitary measures are based on scientific principles and do not create unjustified barriers to trade.
Article 6.3. Scope
1. This Chapter shall apply to all sanitary and phytosanitary measures of each Party that may, directly or indirectly, affect trade between the Parties.
2. Nothing in this Chapter prevents a Party from adopting or maintaining halal requirements for food and food products in accordance with their respective laws and regulations.
Article 6.4. General Provisions
The Parties affirm their rights and obligations under the SPS Agreement.
Article 6.5. Contact Points and Competent Authorities
1. Upon the entry into force of this Agreement, each Party shall designate a Contact Point or Contact Points to facilitate communication on matters covered by this chapter and promptly notify the other Party no later than 30 days after the entry into force of this Agreement.
2. For the purposes of implementing this Chapter, the Competent Authorities of the Parties shall be those listed in Annex 6A (Competent Authorities).
3. Each Party shall notify the other Party of any changes to the Contacts Points or Competent Authorities and of any significant changes in the structure, organisation, and division of responsibility within its Contact Points or Competent Authorities.
Article 6.6. Technical Consultations
1. The Parties will, without undue delay, address any specific SPS matters and commit to carry out the necessary technical level discussions in order to resolve any such issue.
2. At any time, a Party may raise a specific SPS matters with the other Party through the Competent Authorities, as listed in Annex 6A (Competent Authorities), and may request additional information related to the issue. The other Party shall respond in a timely manner.
3. If an issue is not resolved through the information exchanged under paragraph 2 and Article 6.9, upon request of either Party through its contact point, the Parties shall meet in a timely manner to discuss the specific SPS issue, to avoid a disruption in trade, or to reach a mutually acceptable solution. The Parties shall meet either in person or using available technological means. If travel is required, the Party requesting the meeting shall travel to discuss the specific SPS matters in the territory of the other Party, unless otherwise agreed.
Article 6.7. Equivalence
1. The Parties recognise that the principle of equivalence as provided for under Article 4 of the SPS Agreement has mutual benefits for both exporting and importing countries.
2. The Parties shall take into account the procedures for determining the equivalence of sanitary and phytosanitary measures based on international standards, guidelines and recommendations by relevant international standard-setting bodies in accordance with Annex A of the SPS Agreement,mutatis mutandis.
3. The fact that an exported product achieves compliance with sanitary and phytosanitary measures or standards that have been accepted as equivalent to sanitary and phytosanitary measures and standards of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party.
Article 6.8. Emergency Measures
1. If a Party adopts an emergency measure that is necessary for the protection of human, animal, or plant life or health, that Party shall promptly notify the other Party of that measure through the relevant Contact Point and the Competent Authority referred to in Article 6.5. The Party adopting the emergency measure shall take into consideration any information provided by the other Party in response to the notification and, upon request of the other Party, consultations between the Competent Authorities shall be held within 14 days of the notification unless the Parties agree otherwise.
2. The importing Party shall consider information provided by the exporting Party in a timely manner when making decisions with respect to consignments that, at the time of adoption of the emergency measure, are being transported between the Parties.
3. If a Party adopts an emergency measure, it shall review the scientific basis of that measure within six months and make available the results of the review to the other Party on request. If the Party maintains the emergency measure after the review because the reason for its adoption remains, the Party should review the measure periodically.
Article 6.9. Transparency and Exchange of Information
1.The Parties recognise the value of transparency in the adoption and application of sanitary and phytosanitary measures and the importance of sharing information about such measures on an ongoing basis.
2. In implementing this Article, each Party shall take into account relevant guidance of the WTO SPS Committee and international standards, guidelines, and recommendations.
3. Each Party shall notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of the other Party, including any that conforms to international standards, guidelines,or recommendations, by using the WTO SPS notification submission system as a means of notification.
4. The Parties shall exchange information on proposed or actual sanitary and phytosanitary measures which affect or are likely to affect trade between them and relating to each Party's SPS regulatory system and to the extent that any Party desires to provide written comments on a proposed sanitary and phytosanitary measure by the other Party, the Party shall provide those comments in a timely manner.
5. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with the other Party, on request and if appropriate and feasible, any scientific or trade concerns that the other Party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the objective of the measure.
6. Each Party shall notify the other Party of final sanitary or phytosanitary measures through the WTO SPS notification submission system. Each Party shall ensure that the text or the notice of a final sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure. Each Party shall publish, preferably by electronic means, notices of final sanitary or phytosanitary measures.
7. An exporting Party shall notify the importing Party through the Contact Points established under Article 6.5 in a timely and appropriate manner if it has knowledge of:
(a) a significant or urgent situation of a sanitary or phytosanitary risk in its territory that may affect current trade between the Parties; or
(b) significant changes in food safety, pest, or disease management, control, or eradication policies or practices that may affect current trade between the Parties.
8.A Party shall provide to the other Party, on request, all sanitary or phytosanitary measures related to the importation of a good into that Party's territory.
9. Each Party shall provide information, upon request of the other Party, on results of import checks in case of rejected or non-compliant consignments including the scientific basis for such rejections.
Article 6.10. Cooperation
1. The Parties shall cooperate to facilitate the implementation of this Chapter.
2. The Parties shall explore opportunities for further cooperation, collaboration and information exchange between the Parties on sanitary and phytosanitary matters of mutual interest related to the implementation of the SPS Agreement, consistent with this Chapter. Those opportunities may include trade facilitation initiatives and technical assistance.
3. The Parties may promote cooperation on matters related to the implementation of the SPS Agreement, and in relevant international standard-setting bodies such as the Codex Alimentarius Commission, the International Plant Protection Convention (IPPC) and the World Organization for Animal Health (WOAH), as appropriate.
4. If there is mutual interest, the Competent Authorities of the Parties are encouraged to:
(a) share best practices; and
(b) cooperate on joint scientific data collection.
Article 6.11. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 16 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 7. RULES OF ORIGIN
Article 7.1. Definitions
For the purposes of this Chapter:
(a) aquaculture means the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production, such as, inter alia, regular stocking, feeding, protection from predators;
(b) Competent Authority means: