RespondingParty complained against, and any additional hearings shall alternate between the territories of theParties.Expenses
25.The panel shall keep a record and render a final account of all general expenses incurred inconnection with the proceedings, including those paid to its assistants, designated note takers orother individuals that it retains.Ex Parte
Contacts
26.The panel shall not meet or
contact a Party in the absence of the other Party.'
16A-4
27.No Party shall contact any panellist in relation to the dispute in the absence of the other Partyor other panellists.28.No panellist
shall discuss any aspect of the subject-matter of the proceedings with a Party inthe absence of the other Party and other panellists.'
16B-1
ANNEX 16B
CODE OF CONDUCT FOR PANELLISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT
Definitions
1.For the purposes of this Annex1:(a)assistant
means a person who, under the terms of appointment of a panellist, conductsresearch or provides support for the panellist?s works,
and under the direction andcontrol of a panellist
in assisting with case-specific task;(b)candidate
means a person who is under consideration for selection as a panellist;(c)panellist
means a member of a panel established under Article 16.8;(d)proceeding
means the proceeding of a panel under this Chapter, unless otherwisespecified; and(e)staff
means, in respect of a
panellist, persons under the direction and control of thepanellist, other than assistant.Responsibilities to the Process
2.Every panellist
shall
?(a)avoid impropriety and the appearance of impropriety;(b)be independent and impartial;(c)avoid direct and indirect conflicts of interests;
and(d)observe high standards of conduct so that the integrity and impartiality of the disputesettlement process are preserved.3.Former panellists shall comply with the obligations established in paragraphs 17 through 20of this Annex.Disclosure Obligations
4.Prior to confirmation of his or her selection as a panellist
under Article 16.9, a candidateshall disclose any interest, relationship or matter that is likely to affect his or her independence or1
For greater certainty, this Annex is applicable for the purpose of Article 16.7, unless otherwise provided by the instruments of good offices, conciliation and mediation.
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16B-2
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 ofany interests, relationships and matters referred to in paragraph 3 and shall disclose them bycommunicating them in writing to the Joint Committee
for consideration by the Parties. Theobligation 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 thecourse 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 adecision 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 ofand 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 byanother panellist
unless the communication is to both Parties or is necessary toascertain 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 proceedingsand of his or her expenses, as well as the time and expenses of his or her staff andassistants.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, publicclamour, loyalty to a Party or fear of criticism;'
16B-3
(d)not directly or indirectly, incur any obligation or accept any benefit that would in anyway interfere, or appear to interfere, with the proper performance of the panellist?sduties;(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 toinfluence the panellist. A panellist
shall make every effort to prevent or discourageothers from representing themselves as being in such a position;(g)not allow past or existing financial, business, professional, family or socialrelationships or responsibilities to influence the panellist?s conduct or judgment; and(h)avoid entering into any relationship, or acquiring any financial interest, that is likelyto affect the panellist?s impartiality or that might reasonably create an appearance ofimpropriety or bias.Duties in Certain Situations
8.A panellist
or former panellist
shall avoid actions that may create the appearance that thepanellist
was biased in carrying out the panellist?s duties or would benefit from the decision orreport of the panel.Maintenance of Confidentiality
9.A panellist
or former panellist
shall not at any time disclose or use any non-publicinformation concerning the proceeding or acquired during the proceeding except for the purposesof the proceeding and shall not, in any case, disclose or use any such information to gain personaladvantage, 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, orany panellist?s view, except as required by legal or constitutional requirements.12.A panellist shall not make a public statement regarding the panel proceeding.'
17-1CHAPTER 17
EXCEPTIONS
Article
17.1
: General Exceptions
1.For the purposes of Chapter
2 (Trade in Goods),
Chapter 4 (Customs Procedures andTrade Facilitation),
Chapter 5
(Technical Barriers to Trade), Chapter 6 (Sanitary andPhytosanitary Measures)
and Chapter 7 (Rules of Origin),
Article XX of the GATT 1994 and itsinterpretative 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, ArticleXIV 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
ofwhich it considers contrary to its essential security interests; or(b)to prevent any Party from taking any action which it considers necessary for theprotection of its essential security
interests:(i)relating to fissionable and fusionable materials or the materials from which theyare
derived;(ii)relating to the traffic in arms, ammunition and implements of war and to suchtraffic in other goods and materials as is carried on directly or indirectly for thepurpose of supplying a military
establishment;(iii)relating to the supply of services as carried out directly or indirectly for thepurpose 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 waterinfrastructures, from deliberate attempts intended to disable or degrade suchinfrastructures;(v)taken in time of war or other emergency in international relations;
or1
This paragraph is without prejudice to whether a Party considers a digital product to be a good or service.
G,.;.:; ? -:::-::,,,,
17-2(c)to prevent any Party from taking any action in pursuance of its obligations under theUnited 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 undersubparagraphs
1(b) and (c) and of their termination.Article 17.3: Taxation
1.Nothing in this Agreement shall apply to
any taxation measure.22.Nothing in this Agreement shall affect the rights and obligations of any Party under anytax convention. In the event of any inconsistency between this Agreement and any such taxconvention, that tax convention shall prevail to the extent of the
inconsistency.2
For the avoidance of doubt, provisions where corresponding rights and obligations are granted or imposed under the WTO Agreement shall apply to taxation measures.
c;.;: ? .........,
18-1CHAPTER
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 financialarrangements.3.The Joint Economic and Trade Council may take decisions on any matter related to thisAgreement subject to the respective internal legal procedures of the Parties. The Joint Economicand 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 bythe consensus of the Parties.Article 18.4: Joint Committee
1.The Parties hereby establish a Joint Committee consisting of senior officials designated byeach Party.2.The Joint Committee shall
convene its inaugural meeting
within one year
after
the entry intoforce of this Agreement. Thereafter, it shall meet every two years unless the Parties agreeotherwise, to consider any matter relating to this Agreement. The regular sessions of the JointCommittee shall be held alternately in the territories of the Parties
unless the Parties agreeotherwise.'
18-23.The Joint Committee shall also hold special sessions, within 30 days upon the request ofeither 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 ofthe experience gained during its application and its objectives;(b)to consider
and recommend
any amendments to this Agreement that may be proposedby either
Party, including the modification of concessions made under this Agreement.Any such amendment shall enter into force in accordance with the procedure set forthin Article 19.2 (Amendments)
and Article 19.6
(Entry into Force);(c)to endeavour
to amicably resolve disputes
between the Parties arising from theinterpretation or application of this Agreement;(d)to supervise and coordinate the work of all sub-committees and working groupsestablished 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 tothe 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 workinggroups 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 powersof the Joint Committee:(a)Sub-Committee on Trade in Goods;(b)Sub-Committee on Economy Cooperation; and(c)Sub-Committee on Islamic Economy Cooperation.'
18-32.The sub-committees, listed in paragraph 1, may set up ad hoc working groups to deal withspecific issues referred to them by the Joint Committee. Other procedures and functions of the sub-committees 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 asit considers necessary to assist it in accomplishing it tasks and address specific issues under anychapter of this Agreement.Article 18.6: Communications
1.Each Party shall designate a contact point to receive and facilitate official communicationsamong the Parties on any matter relating to this Agreement.2.All official communications in relation to this Agreement shall be in the English language.'