Definitions
For the purposes of this Chapter:
Agreement on Technical Barriers to Trade means the Agreement on Technical Barriers to Trade contained in Annex 1A of the World Trade Organization Agreement; definitions shall be as set out in Annex 1 of the Agreement on Technical Barriers to Trade, mutatis mutandis.
Article 4.1. Objective
The objective of this Chapter is to facilitate trade, including facilitating trade by removing unnecessary technical barriers to trade, promoting transparency and encouraging greater regulatory cooperation and good regulatory practices.
Article 4.2. Scope
1. This Chapter applies to the preparation, adoption and application of all standards, technical regulations (rules) and conformity assessment procedures of central government bodies that may affect trade in goods between the Parties.
2. Each Party shall take reasonable measures, which may be available to it, to ensure that this Chapter is observed by local government bodies at a level immediately below the level of central government within its territory, which may be responsible for the application of technical regulations, standards and conformity assessment procedures.
3. Notwithstanding paragraph 4, this Chapter does not apply to:
(a) Technical specifications prepared by a government agency for its own production or consumption requirements covered by government procurement; or
(b) sanitary and phytosanitary measures covered by Chapter 5 (Sanitary and Phytosanitary Measures)
Article 4.3. Rights and Obligations Under the Technical Barriers to Trade Agreement
The Parties confirm their existing rights and obligations with respect to each other under the Agreement on Technical Barriers to Trade,
Article 4.4. International Standards
1. Each Party shall use relevant international standards, manuals and recommendations, to the extent provided in Articles 4.2 and 4.5 of the TBT Agreement, as the basis for technical regulations and conformity assessment procedures.
2. In determining whether there is an international standard, guide or recommendation within the meaning of Articles 2 and S and Annex 3 of the TBT Agreement, each Party shall base its decision on the principles set out in the "Decision of the Committee on Principles on the Development of International Standards, Guides and Recommendations in relation to Articles 2 and 5 and Annex 3 of the Agreement", adopted by the WTO Committee on Technical Barriers to Trade on November 13, 2000 (Annex 2 to Part 1 of Rev13 / 1 / TBT / G and any subsequent version thereof). This decision shall be based on the principles set out in the "Decision of the Committee on Principles on the Development of International Standards, Guides and Recommendations in Relation to Articles 2and 5 and Annex 3 of the TBT Agreement".
3. The Parties shall encourage cooperation and coordination between their national standardization bodies in areas of common interest, in the context of their participation in international standardization bodies, to ensure that the international standards developed by these bodies facilitate trade and do not create unnecessary barriers to international trade, as well as seeking to unify their positions wherever possible in international standardization forums, conferences and meetings,
Article 4.5. Technical Regulations
1. The Parties shall use international standards as the basis for the preparation of their technical regulations, unless those international standards are ineffective or unsuitable for achieving the legitimate objective sought. At the request of the other party, each party must provide its reasons and justifications for not using international standards as a basis for the preparation of its technical regulations.
2. Each Party shall respond positively to the other Party's request to negotiate arrangements to achieve equivalence of technical regulations.
3. Each Party shall, at the request of the other Party, explain its reasons for not accepting the request to negotiate these arrangements.
4. The Parties shall promote communication and coordination, as appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international forums, such as the World Trade Organization's Committee on Technical Barriers to Trade.
Article 4.6. Conformity Assessment Procedures
1. The Parties recognize that, depending on the specific sectors involved, a wide range of mechanisms exist to facilitate the acceptance in their territories of the results of conformity assessment procedures conducted in the territory of the other Party. Such mechanisms may include:
(a) Recognizing existing multilateral international recognition agreements and arrangements between conformity assessment bodies;
(b) Promote mutual recognition of the results of conformity assessment by the other Party, by recognizing the designation by the other Party of conformity assessment bodies accepted by it and registered as designated by that Party for conformity assessment in accordance with each Party's approved procedures;
(c) encouraging voluntary arrangements between conformity assessment bodies in each Party's territory;
(d) accepting a declaration of conformity from the supplier where appropriate;
(e) harmonize criteria for the designation of conformity assessment bodies, including accreditation procedures; and
(f) other mechanisms as 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 if those procedures differ from its own procedures, provided that such procedures and applicable technical regulations or standards adequately ensure equivalence with its own procedures, If a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, at the request of the other Party, explain the reasons for its decision.
3. In order to promote consistent reliability of conformity assessment results, the Parties may consulton matters such as the technical competence of the respective conformity assessment bodies.
4. Each Partyshall respond positively to the other Party's request to negotiate agreements or arrangements for the mutual recognition of the results of its conformity assessment procedures, The Parties shall consider the possibilty of negotiating agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures in mutually agreed areas.
5. The Parties shall endeavor to intensify the exchange of information between them on acceptance and appointment mechanisms with a view to facilitating the acceptance of conformity assessment results.
Article 4.7. Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures with a view to:
(a) promote mutual understanding of each other's regulations; and
(b) promote cooperation between the Parties' regulators on matters of mutual interest including health, safety, environmental protection and risk assessment, facilitate trade through the application of good regulatory practices; and
(c) Promote cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on (d) international standards or relevant parts thereof and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives set out in paragraph 4, the Parties shall, by mutual agreement and to the extent possible, cooperate on regulatory matters, which may include:
(a) promoting good regulatory practices based on risk management principles.
(b) exchanging information with a view to improving the quality and effectiveness of their technical regulations,
(c) develop joint initiatives to manage risks to health, safety or the environment and prevent deceptive practices; and
(d) exchange market surveillance information and market survey results where appropriate,
The Parties shall encourage cooperation between their bodies responsible for standardization, conformity assessment, accreditation and metrology, with a view to facilitating trade and avoiding unnecessary barriers to trade between the Parties,
Article 4.8. Transparency
1. Each Party shall, at the request of the other Party, provide information, including the objective and rationale of a technical regulation or conformity assessment procedure adopted or intended to be adopted by that Party that may affect trade between the Parties, within a reasonable period of time as agreed between the Parties.
2. When submitting a proposed technical regulation for notification to the World Trade Organization, a Party shall take into account and take into account, whenever possible and appropriate, and at the request of the other Party, the comments received from the other Party, and shall provide written responses thereto.
3. The Parties shall ensure that all approved technical regulations and conformity assessment procedures are publicly available.
Article 4.9. Points of Contact
1. For the purposes of this Chapter, the points of contact are as follows:
(a) For Jordan: Ministry of Industry, Trade and Supply or its successor.
(b) For the United Arab Emirates: Standards and Legislation Sector/Ministry of Industry and Advanced Technology or its successor.
2. Each Party shall promptly notify the other Party of any change in its point of contact.
Article 4.10. Exchange of Information and Technical Discussions
1. Any information or explanation provided by a Party upon request by the other Party under this Chapter shall be provided in hard copy or electronic form within a reasonable period of time. Each party shall endeavor to respond to such a request within 60 days.
2. All communications between the Parties on any matter covered by this Chapter shall be conducted through the points of contact identified under Article 9.4.
3. Upon the request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall, to the extent practicable, seek to engage in technical discussions by notifying the points of contact designated under Article 9.4.
Chapter V. Sanitary and Phytosanitary Measures
Definitions
1. The definitions contained in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the World Trade Organization Agreement (hereinafter referred to as the "SPS Agreement") are incorporated into and form part of this Chapter, mutatis mutandis.
2. In addition, for the purposes of this Chapter:
competent authority means any governmental body of each Party that is responsible for the measures and matters referred to in this Chapter,
emergency measure means a sanitary and phytosanitary measure applied by the importing Party to the other Party to address an urgent human, animal or plant life or health protection issue that arises or is threatened to arise in the Party applying the measure.
Focal Point means the governmental body of the Party responsible for the implementation of this Chapter.
Article 5.1. Objectives
The objectives of this Chapter are to:
1. To protect human, animal or plant health in the territories of the Parties while facilitating trade between them;
2. Promote cooperation in the implementation of the World Trade Organization Agreement on Sanitary and Phytosanitary Measures;
3. Promote communication and joint cooperation between the competent authorities of the Parties;
4. Ensure that no unjustified barriers are created for the purpose of facilitating trade between the Parties;
5. Promote the principles of transparency and understanding of the application of SPS measures in both Parties;
6. Promote the application and adoption of science-based international standards, guidelines and recommendations,
Article 5.2. Scope
This Chapter applies to all sanitary and phytosanitary measures of the Parties which may affect, directly or indirectly, trade between them.
Article 5.3. General Provisions
1. The Parties emphasize their rights and obligations under the SPS Agreement.
2. Nothing in this Agreement shall limit the rights and obligations of each Party under the SPS Agreement.
Article 5.4. Competent Authorities and Points of Contact
1. To facilitate communication on matters covered by this chapter, each Party shall notify the other Party via its competent authority and points of contact within 30 days of the date of entry into force of this Agreement.
2. Each Party shall inform the other Party of any change in its competent authority or its points of contact within a reasonable period of time.
Article 5.5. Equivalence
1. The Parties recognize that the principle of equivalence is mutually beneficial to them as provided for in Article 4 of the SPS Agreement.
2. The Parties shall follow the procedures for determining the equivalence of SPS measures and standards within an appropriate period of time established by the SPS Committee of the World Trade Organization and relevant international standard-setting bodies in accordance with Annex A of the SPS Agreement, mutatis mutandis.
3. The compliance of an exported product with an SPS measure or standard of the exporting Party that has been accepted as equivalent to the SPS measures and standards of the importing Party does not eliminate the need for that product to comply with any other relevant mandatory requirements of the importing Party,
Article 5.6. Risk Assessment
1. Risk assessment procedures applied by either Party shall be based on scientific evidence and shall be sufficient to protect human, animal or plant health.
2. Taking into account the first paragraph, in the event of insufficient relevant scientific evidence, the Parties may provisionally adopt SPS measures on the basis of relevant available information, including information from relevant intemational organizations as well as from SPS measures applied by other Members, In such circumstances, the importing Party shall seek to obtain the necessary additional information taking into account available scientific evidence to conduct a more objective risk assessment and revise the SPS measures within an appropriate period of time, To this end, the importing Party may request scientificand other relevant information from the exporting Party.
Article 5.7. Emergency Measures
Ifa Party adopts an emergency measure necessary to protect human, animal or plant life or health, the Party shall promptly notify such measure using the WTO SPS notification system as a means of emergency notification. Ifa Party adopts an emergency measure, it shall periodically review that measure and make the results of that review available to the other Party upon request.
Article 5.8. Transparency
1. The Parties recognize the value of transparency in the adoption and application of SPS measures and the importance of sharing information about these measures on an ongoing basis.
2. Each Party shall take into account relevant guidance from the SPS Committee of the World Trade Organization and international standards, guidelines and recommendations.
3. Each Party agrees to notify a SPS measure that may have an impact on the trade of the other Party, using the WTO SPS notification system as the means of notification.
4. A Party shall provide the other Party, upon request, with copies of SPS measures relating to the importation of a good into the territory of that Party.
Article 5.9. Cooperation
1. The Parties shall seek opportunities for ongoing cooperation, coordination and exchange of information between them regarding SPS measures.
2. The Parties shall commit to cooperate with each other and may identify avenues for joint action on SPS matters with a view to removing unnecessary barriers to trade between the Parties.
Chapter VI. Customs Procedures and Trade Facilitation
Definitions
For the purposes of this Chapter, the following definitions shall have the following meanings:
Customs Administration: Jordan Customs Department for the Hashemite Kingdom of Jordan and the Federal Identity Authority Customs, Nationality, Customs and Port Security of the United Arab Emirates.
Customs laws: The provisions implemented under the legislation and regulations relating to the import, export and transportation of goods or any other customs procedures, whether related to customs duties, taxes or any other fees collected by the customs administrations, or related to the prohibition, restriction or control measures implemented by the customs administrations in cooperation with the regulatory authorities operating at border crossings according to their competence and powers in each party,
Customs procedure: Measures applied by the customs authority of either party to goods and means of transportation subject to customs laws and regulations.
Persons: Natural and legal persons, unless the context otherwise requires.
Mutual Customs Assistance Agreement: An agreement that promotes customs cooperation and exchange of information between the Parties to secure and facilitate legitimate trade, which is negotiated between the Parties,
Approved Economic Operator (AEO): A program that recognizes an operator involved in the international movement of goods in any function that has been approved by the national customs administration as compliant with WCO standards or equivalent supply chain security standards; and
Mutual Recognition Arrangement: An arrangement between the Parties that mutually recognizes Authorized Economic Operator licenses that have been validly granted by a Customs Administration.
Article 6.1. Scope
This Chapter shall apply, in accordance with the national laws, rules and regulations of each Party, to the customs procedures required for the clearance of goods traded between the Parties.
Article 6.2. General Provisions
1. The Parties agree that customs law and procedures shall be transparent, non-discriminatory, consistent and avoid unnecessary procedural impediments to trade.
2. The Parties' customs procedures shall, whenever possible, conform to the standards and recommended practices of the World Customs Organization World Customs Organization and applicable international conventions in the field of customs and trade.
3. Each Party's customs administration shall periodically review its customs procedures with a view to further simplifying and developing them to facilitate bilateral trade.
Article 6.3. Publication and Availability of Information
1. Each Party shall ensure that its laws, regulations, guidelines, procedures and administrative provisions governing customs matters are promptly published, either online or in print, and to the greatest extent possible in English.
2. Each Party shall designate, establish and maintain one or more points of inquiry for handling inquiries from interested persons regarding Customs matters and shall endeavor to make information regarding the procedures for making such inquiries available to the public through electronic means.
3. Neither this Article nor any part of this Agreement contains any provision requiring any Party to publish its internal law enforcement procedures and operational guidelines, including those related to conducting risk analysis and targeting methodologies.
4. Each Party shall, to the extent practicable, ina manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations of general application relating to the movement, release and clearance of goods, including goods in transit, are published or made publicly available as soon as possible prior to their entry into force so that interested parties have the opportunity to familiarize themselves with the new or amended laws and regulations, To the extent possible, such information and publications shall also be available in English.
Article 6.4. Risk Management
The Parties shall adopt a risk management approach in their customs activities, based on the identified risks ofthe goods, in order to facilitate the clearance of low-risk shipments, while focusing inspection activities on high-risk goods,
Article 6.5. Paperless Correspondence
1. For the purposes of facilitating the bilateral exchange of international trade data and expediting the release procedures to facilitate trade in goods, the Parties shall endeavor to provide an electronic environment that supports trade transactions between their respective customs administrations and their commercial entities.
2. The Parties shall exchange views and information on the realization and promotion of paperless correspondence between their respective Customs administrations and their trading entities.
3. When implementing initiatives that provide for the use of paperless correspondence, the Customs Administration of the Parties shall take into account the methodologies agreed upon by the World Customs Organization as well as those set forth in the Mutual Custams Assistance Agreement to be negotiated between the Parties.
Article 6.6. Prior Provisions
1. Each Party shall, in accordance with its obligations under the World Trade Organization Agreement on Trade Facilitation, provide for the issuance of an advance ruling, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in the territory of the other Party.
2. For the purposes of paragraph 1, each Party shall make rulings on whether a good qualifies as an originating good or to assess the tariff classification of the good. In addition, each Party may make rulings covering additional trade matters as specified in the FTA and each Party shall make its determination on the origin or classification of the good in a reasonable and time-bound manner from the date of receipt of a complete request for advance ruling.
3. An advance ruling issued by the importing Party under paragraph 4 of this Article shall be applied by the importing Party on the date of the ruling or on a later date specified in the ruling and shall remain in force for a reasonable period of time and in accordance with national advance ruling procedures unless the advance ruling is modified or revoked.
4. An advance ruling issued by a Party shall be binding only on the person to whom it is issued.
5. A Party may refuse to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of a subsequent customs clearance audit, administrative, judicial or quasi-judicial review or appeal. A party refusing to issue a prejudgment shall immediately notify, in writing, the person requesting the prejudgment, stating the relevant facts and circumstances and the basis for its decision.
6. The importing party may modify or revoke a prior judgment in the following cases:
a. if the judgment is based on an error of fact.
b, If there is a change in the material facts or circumstances on which the judgment was based,
c. Until the judgment complies with an amendment to this chapter; or
d. Until the judgment complies with a judicial decision or a change in its local law,
7. Each party is obligated to provide written notification to the applicant explaining its decision to revoke or modify the advance ruling issued to the applicant.
8. Each party shall provide that any modification or revocation of an advance ruling shall be effective on the date on which the modification or revocation is issued, or on any later date as specified therein, and shall not apply to the importation of a good that occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions.
9. Subject to paragraph 4 of this Article, the party issuing the advance judgment may postpone the effective date for a reasonable period of time and in accordance with each Party's national procedures on advance rulings, if the person to whom the advance ruling was issued proves that he or she relied in good faith on that ruling, consistent with the provisions of of the State's national legislation in force for the issuance of advance rulings,
Article 6.7. Fines
1. Each Party shall take measures to impose criminal, civil or administrative penalties, individually or jointly, for violations of the Party's customs laws, regulations or procedural requirements,
2. Each Party shall ensure that penalties issued for breaches of customs law, regulations or procedural requirements are imposed only on persons responsible for the breach under its laws.
3. Each Party shall ensure that the penalty imposed by its customs administration is based on the facts and circumstances of the case and is commensurate with the degree and seriousness of the offense.
4. Each Party shall ensure that it has adopted measures to avoid conflicts of interest in the assessment and collection of fines and fees. No part of the remuneration of any government official may be calculated as a fixed portion or percentage of any fines or fees assessed or collected.
5. Each Party shall ensure that if a fine is imposed by its customs administration for a breach of customs law, regulations or procedural requirements, a written explanation is provided to the person(s} against whom the fine is imposed specifying the nature of the offense and the law, regulations or procedures used in determining the amount of the fine,
Article 6.8. Release of Goods
1. Each Party shall adopt or apply simplified customs procedures for the effective release of goods in order to facilitate trade.
2. Pursuant to paragraph 1, each Party shall adopt or apply procedures that
(a) provide for the immediate release of goods upon receipt of the customs declaration and fulfillment of all applicable requirements and procedures;
(b) provides for the electronic submission and processing of documents and data, including lists, prior to the arrival of goods in order to expedite the release of goods from customs control upon arrival;