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 allstandards, technical regulations and conformity assessment procedures that may affecttrade in goods between the Parties.2.Notwithstanding paragraph 1, this Chapter shall
not apply to:(a)purchasing specifications prepared by a governmental body for itsproduction 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, andrecommendations, 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 recommendationwithin the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, eachParty 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 nationalstandardising organisations in areas of mutual interest, in the context of their
25-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 theirtechnical regulations, unless those international standards are ineffective orinappropriate for achieving the legitimate objective pursued. Each Party shall, uponrequest of the other Party, provide its reasons for not having used internationalstandards as a basis for preparing its technical regulations.2.Each Party shall give positive consideration to a request by the other Party tonegotiate arrangements for achieving the equivalence of technical regulations.3.Each Party shall, upon
request of the other Party, explain the reasons why it hasnot 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 technicalregulations and related issues in international fora, such as the WTO Committee
onTechnical Barriers to Trade.Article 5.6: Conformity Assessment Procedures 1.The Parties recognise that, depending on the specific sectors involved, a broadrange of mechanisms exists to facilitate the acceptance in a Party's territory of theresults of conformity assessment procedures conducted in the other Party's territory.Such mechanisms may include:
(a)recognising existing international multilateral recognition agreements andarrangements among conformity assessment bodies;
(b)promoting mutual recognition of conformity assessment results by the
otherParty, through recognising the other Party?s designation of conformityassessment bodies;
(c)encouraging voluntary arrangements between conformity assessmentbodies 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 Parties2.Each Party shall ensure, whenever possible, that the results of conformityassessment procedures conducted in the territory of the other Party are accepted, even
35-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 competenceof the conformity assessment bodies involved.4.Each Party shall give positive consideration to a request by the other Party tonegotiate
agreements or arrangements for the mutual recognition of the results of theirrespective conformity assessment procedures. The Parties shall consider the possibilityof negotiating agreements or arrangements for mutual recognition of the results of theirrespective conformity assessment procedures in areas mutually agreed upon.5.The Parties shall endeavour to intensify their exchange of information onacceptance
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, technicalregulations, 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 mattersof 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 regulationsand conformity assessment procedures are based on international standardsor the relevant parts of them and do not create unnecessary obstacles totrade between the Parties.2.In order to achieve the objectives
as
set out
in paragraph 1, the Parties shall, asmutually agreed and to the extent possible, co-operate on regulatory issues, which mayinclude
the
?(a)promotion of good regulatory practices based on risk assessment principles;(b)exchange of information with a view to improving the quality andeffectiveness of their technical regulations;(c)development of joint initiatives for managing risks to health, safety or theenvironment and preventing deceptive practices;
and
45-(d)exchange
of market surveillance information where appropriate.3.The Parties shall encourage cooperation between their respective organisationsresponsible for standardisation, conformity assessment, accreditation
and metrology,with the view to facilitating trade and avoiding unnecessary obstacles to trade betweenthe Parties.Article 5.8: Transparency
1.Each Party shall, upon request of the other Party, provide information, includingthe objective of, and rationale for, a technical regulation or conformity assessmentprocedure which the Party has adopted or proposes to adopt and may affect the tradebetween 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 otherParty; 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 ContactPoints are:(a)For Malaysia: the Department of Standards Malaysia, or its successor; and(b)For the UAE: the Standards and Regulations Sector, the Ministry ofIndustry and Advanced Technology, or its successor.2.Each Party shall ensure that its contact point facilitate the exchange ofinformation between the Parties on standards, technical regulations and conformityassessment procedures in response to all requests related to this chapter for suchinformation from the other Party.3.Each Party shall promptly notify the other Party of any change of its ContactPoint.
55-Article 5.10: Information Exchange and Technical Discussions
1.Any information or explanation that a Party provides upon request of the otherParty pursuant to this Chapter shall be provided in print or electronically within areasonable period of time. Each Party shall endeavour
to respond to such a requestwithin 60
days.2.All communication between the Parties on any matter covered by this Chaptershall 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 thisChapter, the Parties shall endeavour, to the extent practicable, to enter into technicaldiscussions by notifying the Contact Points designated under Article 5.9.
Technicaldiscussions may be conducted via any means agreed by the Parties.
6-1CHAPTER 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 ofthis Chapter, mutatis mutandis.2.In addition, for the purposes of this Chapter:(a)Competent Authority
means a government body of each Party responsible formeasures and matters referred to in this Chapter;(b)Contact Point
means the government body of each Party that is responsible for theimplementation and coordination
of this Chapter;
and(c)emergency measure
means a sanitary or phytosanitary measure that is applied by theimporting Party to a good of the exporting Party to address an urgent problem ofhuman, animal, or plant life or health protection that arises or threatens to arise in theimporting 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 scientificprinciples
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 requirementsfor food and food products in accordance with their respective laws and regulations.~ ? --:>,,-
6-2Article 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 orContact Points to facilitate communication on matters covered by this chapter and promptly notifythe 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 Partiesshall be those listed in Annex 6A
(Competent Authorities).3.Each Party shall notify the other Party of any changes to the Contacts Points or CompetentAuthorities and of any significant changes in the structure, organisation, and division ofresponsibility 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 carryout 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 theCompetent Authorities, as listed
in Annex 6A (Competent Authorities), and may request additionalinformation 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 Article6.9, upon request of either Party through its contact point, the Parties shall meet in a timely mannerto discuss the specific SPS issue, to avoid a disruption in trade, or to reach a mutually acceptablesolution. The Parties shall meet either in person or using available technological means. If travelis required, the Party requesting the meeting shall travel to discuss the specific SPS matters in theterritory 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 theSPS Agreement has mutual benefits for both exporting and importing countries.2.The Parties shall take into account the procedures for determining the equivalence of sanitaryand phytosanitary measures based on international standards, guidelines and recommendations byrelevant international standard-setting bodies in accordance with Annex A of the SPS Agreement,mutatis mutandis.~ ? --:>,,-
6-33.The fact that an exported product achieves compliance with sanitary and phytosanitarymeasures or standards that have been accepted as equivalent to sanitary and phytosanitarymeasures
and standards of the importing Party shall not remove the need for that
product to complywith 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 therelevant Contact Point and the Competent Authority referred to in Article 6.5. The Party adoptingthe emergency measure shall take into consideration any information provided by the other Partyin response to the notification
and, upon request of the other Party, consultations between theCompetent Authorities shall be held within 14 days of the notification
unless the Parties agreeotherwise.2.The importing Party shall consider information provided by the exporting Party in a timelymanner when making decisions with respect to consignments that, at the time of adoption of theemergency measure, are being transported between the Parties.3.If a Party adopts an emergency measure, it shall review the scientific basis of that measurewithin six months and make available the results of the review to the other Party on request. If theParty maintains the emergency measure after the review because the reason for its adoptionremains, 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 sanitaryand phytosanitary measures and the importance of sharing information about such measures on anongoing basis.2.In implementing this Article, each Party shall take into account relevant guidance of theWTO SPS Committee and international standards, guidelines, and recommendations.3.Each Party shall notify a
proposed sanitary or phytosanitary measure that may have an effecton 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 ofnotification.4.The Parties shall exchange information on proposed or actual sanitary and phytosanitarymeasures which affect or are likely to affect trade between them and relating to each Party?s SPSregulatory system and to the extent that any Party desires to provide written comments on aproposed sanitary and phytosanitary measure by the other Party, the Party shall provide thosecomments in a timely manner.~ ? --:>,,-
6-45.A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with theother Party, on request and if appropriate and feasible, any scientific or trade concerns that theother 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 throughthe WTO SPS notification submission system. Each Party shall ensure that the text or the noticeof a final sanitary or phytosanitary measure specifies the date on which the measure takes effectand 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 establishedunder 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 thatmay affect current trade between the Parties; or(b)significant changes in food safety, pest, or disease management, control, or eradicationpolicies 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 measuresrelated 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 importchecks in case of rejected or non-compliant consignments
including the scientific basis for suchrejections.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 informationexchange between the Parties on sanitary and phytosanitary matters of mutual interest related tothe implementation of the SPS Agreement, consistent with this Chapter. Those opportunities mayinclude trade facilitation initiatives and technical assistance.3.The Parties may promote cooperation on matters related to the implementation of the SPSAgreement, and in relevant international standard-setting bodies such as the Codex AlimentariusCommission, the International Plant Protection Convention (IPPC) and the World Organizationfor 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~ ? --:>,,-
6-5(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.
~ ? --:>,,-
6A-1
ANNEX 6A
COMPETENT AUTHORITIES
For the purposes of Chapter 6 (Sanitary and Phytosanitary Measures), the Competent Authorities of each Party are as follows:
(a)for the United Arab Emirates:(i)Food Diversity Sector, Ministry of Climate Change, and Environment orits successor;(ii)Control in imports, exports of food products, plant and live animal inaddition to sanitary and Phytosanitary issues is shared between theDepartment of Agriculture health and development, Department of animalhealth and development and Food Safety of the Ministry Climate Changeand Environment.(b)for Malaysia:Control in imports and sanitary and phytosanitary issues is shared between the Department of Agriculture, Department of Fisheries, Department of Veterinary Services and Food Security and Food Safety and Quality Program of the Ministry of Health. In this respect the following shall apply:
(i)the Department of Agriculture (DOA) is responsible for conducting PestRisk Analysis and determining import requirements for plants, plantproducts, and regulated articles;(ii)the Department of Fisheries (DOF) is responsible for the implementationof official control programmes of fish and fishery products along thesupply chain from primary production (capture fisheries and aquaculture)up to the final stage (exporter premises/processing plant). DOF is alsoresponsible for work related to international standards for food safety andquality under Codex, EU requirements, and aquatic animal health underWOAH. In addition, the DOF also provides laboratory services thatinclude analysis of relevant public health and aquatic animal healthrequirements;(iii)the Department of Veterinary Services (DVS) is responsible forconducting the Import Risk Analysis for live animals and animal productsand conducting veterinary inspection at the processing plant as well as theabattoir. The Department is also responsible for the issuance of VeterinaryHealth Certificates with the purpose of exporting live animals and animalproducts.
6A-2
(iv)the Food Safety and Quality Program (FSQP), Ministry of Healthimplements food safety and quality programmes to protect the publicagainst health hazards and fraud in the preparation, sale, and use of food.In terms of exports of agriculture products, the Department of Agriculture is responsible for the issuance of Phytosanitary Certificates required by the importing countries. The Department of Fisheries is responsible for the issuance of Health Certificates for exports of live fish, as required by the importing country. The Department of Veterinary Services is responsible for issuance of Veterinary Health Certificates for exports of animal products; whilst Ministry of Health issues Health Certificates, Free Sale Certificates and Non-GMF Certificates for exports of all food including fish and fishery products, as required by the importing country.
7-1CHAPTER 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 aseggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes toenhance production, such as, inter alia, regular stocking, feeding, protection frompredators;(b)Competent Authority
means:(i)for UAE, the Ministry of Economy or any other agency notified from time totime;
and(ii)for Malaysia, the Ministry of Investment, Trade and Industry or any other agencynotified from time to time;(c)customs value
means
the value as determined in accordance with the CustomsValuation
Agreement;(d)consignment
means goods which are either sent simultaneously from one exporter toone consignee or covered by a single transport document covering their shipment fromthe exporter to the consignee or, in the absence of such a document, by a single invoice;(e)generally accepted accounting principles
means
the recognised consensus orsubstantial authoritative support in the territory of a Party, with respect to the recordingof revenues, expenses, costs, assets, and liabilities, the disclosure of information andthe preparation of financial statements. These standards may encompass broadguidelines of general application as well as detailed standards, practices andprocedures;(f)goods
mean
any merchandise, article, material or any product that is obtained bygrowing, raising, mining, harvesting, fishing, aquaculture, trapping, hunting,extracting or manufactured, even if it is intended for later use in another manufacturingoperation;(g)manufacture