(c) allows goods to be released at the point of arrival without the need for temporary transportation to warehouses or other facilities; and
(d) requires that if a party does not release the goods promptly, the importer shall be informed, including, to the extent permitted by its law, the reasons for not releasing the goods and identifying the border agency, if not the customs administration, that withheld the release of the goods.
3. Nothingin this Article shall require a Party to release a good if the requirements for its release are not met or prevent Party from liquidating a security deposit in accordance with its own law.
4. Each Party may permit, to the extent practicable and in accordance with its customs laws, the transportation of goods intended for importation within its customs-controlled territory from the point of entry into its territory to another customs office in its territory from which the goods are to be released, provided that the applicable regulatory requirements are met.
Article 6.9. Temporary Introduction of Goods
1. Each Party shall, in accordance with its own domestic law, allow the temporary duty-free entry of the following goods imported from the other Party, regardless of their origin:
(a) professional and scientific equipment, including parts thereof, including press or television equipment, software, radio and film equipment necessary for the conduct of the business, trade, profession or scientific research of a person eligible for temporary entry under the laws of the importing Party,
(b) goods intended for display, demonstration or use in theaters, fairs, exhibitions or other similar events,
(c) commercial samples, advertising films and recordings,
(d) goods entered for sporting purposes.,
(e) containers and pallets (pallets) used to transport equipment or used for repacking, and
(f) Goods that are brought in for processing.
2. Both Parties shall, at the request of the importer and for reasons deemed valid by the Customs Authority, extend the time limit for temporary entry beyond the period initially specified.
3. Neither Party may condition the temporary introduction of the good referred to in paragraph 4, other than by requiring that the good:
(a) is not sold or leased while in its territory, and
(b) be accompanied by a guarantee in an amount not exceeding the customs duties and any other import tax that would be due on the good ifit were imported for consumption in the Party, provided that the guarantee is releasable upon export,
(c) be identifiable at the time of export,
(d) they are exported in accordance with the time period granted for temporary introduction in accordance with the domestic law of the Party relating to the purpose of the temporary introduction,
(e) they are not introduced in a quantity greater than is reasonable for their intended use, or
(f) they are authorized for entry into the territory of the importing Party under its law.
4. In the event that any condition imposed by a Party under paragraph 3 is not met, that Party may apply customs duties and any other charges normally due on the importation of the good and any other charges or penalties provided for by its law.
5. Each Party, through its customs authority, shall adopt and apply procedures providing for the expeditious release of goods entered under this Article, Such procedures shall provide, to the maximum extent possible, that when such goods accompany a national or resident of the other Party seeking temporary entry, the goods shall be released at the same time as the entry of that national or resident.
6. Each Party shall allow goods temporarily entered under this Article to be exported through a customs outlet other than the one through which they were entered in accordance with its applicable customs procedures.
7. Each Party shall provide that the importer of a good entered under this Article shall not be liable for nor-export of the good upon proof satisfactory to the importing Party that the good was destroyed within the original period of temporary entry or any lawful extension. Either Party may condition the mitigation of liability under this paragraph by requiring the importer to obtain prior approval from the customs authority of the importing Party before the good is so destroyed.
Article 6.10. Re-entry of Goods after Repair or Alteration
1. Neither Party shall apply customs duties to a good, regardless of its origin, that re-enters its territory in accordance with its laws and procedures after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could have been made in the territory from which the good was exported, except that Customs duties or other taxes may be applied to the addition resulting from the repair or alteration made in the territory of the other Party.
2. Neither Party shall apply customs duties to a good, regardless of its origin, temporarily imported from the territory of the other Party for repair or alteration.
3. For the purposes of this Article, "repair" or "alteration" does not include a process or procedure that:
(a) destroys the essential characteristics of a good or creates a new or commercially different good;
(b) transforms an unfinished good into a finished good; or
(c) results in a change of classification at a six-digit level of the Harmonized System (HS).
Article 6.11. Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials
Each Party shall, in accordance with its own domestic law, grant duty-free entry to commercial samples of negligible value and printed advertising materials imported from the territory of the other Party, regardless of their origin, but may require that:
(a) such samples are imported solely for the purpose of ordering goods or services from the territory of the other Party or a third party; or
(b) these advertising materials are imported in packages, each containing no more than one copy of each material, and neither the materials nor the packages form part of a larger shipment.
Article 6.12. Authorized Economic Operators
In order to facilitate trade and promote compliance and risk management between them, the Parties shall seek to conclude an Authorized Economic Operator Mutual Assistance Agreement between their customs administrations.
Article 6.13. Cooperation of Border Authorities
Each Party shall ensure that its authorities and bodies responsible for border controls and procedures dealing with the import, export and transit of goods cooperate with each other and coordinate their activities in order to facilitate trade in accordance with this Chapter.
Article 6.14. Urgent Shipments
Each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining customs control based on risk management. These procedures shall:
(a) provide the information necessary to release an expedited shipment for submission and processing prior to the arrival of the shipment;
(b) allow for a single submission of information covering all goods contained in an express shipment, such as the Manifest, through electronic means, if possible (2);
(c) provide, to the maximum extent possible, for the release of certain goods with minimal documentation;
(d) under normal circumstances, should provide for the release of express shipments as soon as possible after submission of the necessary customs documents, subject to the arrival of the shipment.;
(e) apply to shipments of any weight or value in accordance with each Party's national legislation, recognizing that a Party may require formal entry formalities as a condition for release of goods, including declaration, supporting documentation and payment of customs duties, based on the weight or value of the goods; and
(f) provided that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below the fixed amount determined under the law of that Party (3). Each Party shall review the amount periodically taking into account such (A factors as it may consider relevant, such as inflation rates, impact on trade facilitation, impact on risk management, administrative cost of collecting the duty compared to the amount of the duty, cost of cross-border trade transactions, impact on small and medium enterprises and other factors related to the collection of customs duties,
Article 6.15. Review and Appeal
1. Each Party shall ensure that any person to whom it issues a decision on a customs matter has access to:
(a) at least one level of administrative review for decisions made by its customs administration independently from the official or office responsible for the decision under review; (4) and
(b) judicial appeal for decisions taken at the final level of administrative review.
2. Each Party shall ensure that its appeal and review procedures are conducted in a nondiscriminatory and timely manner.
3. Each Party shall ensure that when considering objections as an administrative appeals body under paragraph 1, the authority shall notify the person in writing of its decision or determination on the review or appeal, and the reasons for that decision.
Article 6.16. Customs Cooperation
1. In order to further enhance customs cooperation and exchange of information between customs administrations to secure and facilitate legitimate trade, each Party shall implement and comply with the obligations contained in the Mutual Customs Assistance Agreement.
2. The Parties undertake to facilitate initiatives for the exchange of information on best practices regarding the implementation and administration of the customs procedures described in this Chapter, and in accordance with the agreements on cooperation and mutual administrative assistance incustoms matters concluded or acceded to by the Parties.
Article 6.17. Confidentiality
1. Nothing in this Agreement shall be construed to require either party to provide or permit access to confidential information, the disclosure of which would impede law enforcement, would otherwise be contrary to the public interest, or would be detrimental to the legitimate business interests of certain organizations, both public and private, the legitimate business interests of certain organizations, public or private. Any information obtained under this Agreement shall be treated as confidential information in accordance with the terms of the Mutual Customs Assistance Agreement.
2. Each Party shall, in accordance with its domestic laws, maintain the confidentiality of information obtained in accordance with this Chapter and shall protect the information from disclosure to the detriment of the competitive position of the persons providing the information.
Article 6.18. Transit
Each Party shall, in accordance with its national laws and regulations:
1. Conduct transit operations between the Parties in a facilitated and effectively controlled manner;
2. Ensure the facilitation and effective control of transit traffic operations through its territory; and
3. Seek to promote and implement international transit arrangements with a view to facilitating trade in accordance with Article 11 of the Agreement on Trade Facilitation of the World Trade Organization.
Article 6.19. Single Window
Each Party shall endeavor to develop or maintain single window systems to facilitate the electronic submission of all information in accordance with the requirements of the Customs Law and other legislation on the export, import and transit of goods.
Chapter VIII. Trade In Services
Definitions
For the purposes of this chapter:
Service provided in the exercise of governmental authority means any service that is not provided on a commercial basis or in competition with one or more service providers,
Aircraft repair and maintenance services means activities carried out on board an aircraft or part of an aircraft while it is withdrawn from service and does not include so-called on-line maintenance,
Commercial Presence means any type of commercial or professional organization including:
1. Establish, acquire or maintain a legal person, or
2. Establishing or maintaining a branch or representative office within the territory of either Party for the purpose of supplying a service,
CRS Services means the services provided by computerized computer systems containing information about air carrier schedules, availability, fares and fare calculation rules, through which reservations are made or tickets are issued.
Legal Person means any legal entity duly constituted, organized or otherwise regulated under applicable law, whether for profit or otherwise, and whether privately or government-owned, including corporations, cartels, monopolistic associations between a group of companies to limit competition, personal companies, joint ventures, sole proprietorships, or foundations.
Legal Person of the other Party means a legal person that is either:
1. Formed or organized under the laws of that other Party, and which carries on substantial business operations in the territory of:
(a) of that Party; or
(b) any member of the World Trade Organization that is owned or controlled by natural persons of that other Party or by legal persons who meet all the conditions in subparagraph (1)(a); or
2. In the case of the supply of a service through a business presence that is owned or controlled:
(a) natural persons of that Party; or
(b) legal persons of that other Party specified under sub-paragraph (1) or governmental entities of the other Party.
A legal person is:
1. "Owned" by persons of one party if more than 50% of the capital is wholly owned by persons of that party.
2. "Managed" by persons from either party, whether such persons have the power to nominate a majority of its directors or the power to legally manage its business; or
3. "Affiliated with" another person when that other person is managed by it or is managed by it; or when both are managed by one other person.
Action means any action taken by any party, whether in the form ofa law, statute, rule, procedure, decision, administrative action or any other form.
Actions taken bya party means actions taken by:
1. Governments and central, regional or local authorities; and
2. Non-governmental bodies when exercising powers delegated by central, regional or local governments or authorities,
In fulfilling its obligations and responsibilities under the Convention, each Party shall take such reasonable measures as may be available to itto ensure that itis respected by regional and local governments, authorities and non-governmental bodies within its territory.
Actions by a Party that affect trade in services include actions relating to:
1. The purchase, payment or use of the service.
2. The means of accessing and utilizing services that the parties are required to provide to the public at large in the supply of the service; and
3. The presence, including commercial presence, of persons of one party to supply a service in the territory of the other party,
Exclusive Service Supplier means any person, in the public or private sector, who is formally or de facto licensed or established by that Party in the relevant market of a Party as the sole supplier of that service,
Natural Person of the other Party: means a citizen or permanent resident (5) of the Hashemite Kingdom of Jordan or the United Arab Emirates,
"Person" means either a natural person or a legal person.
Service Sector means:
(1) in the context of the Specified Obligations, one or more sub-sectors within a Service Sector or all sub-sectors of that Service, as specified in the Party's Schedule; or
(2) otherwise, the entire service sector, including all of its sub-sectors.
Sale and marketing of air transportation services means the opportunities available to the air carrier concerned to freely sell and market air transportation services, including all aspects of marketing such as market research, advertising, and distribution. These activities do not include the pricing of air transportation services or applicable conditions.
Services includes any service in any sector except services provided in the exercise of governmental authority, Service Consumer means any person who receives or uses a service,
Third Party Service means a service that is supplied:
1. From or in the territory of that other Party, or in the case of maritime transportation, by a vessel registered under the laws of that other Party, or by a person of that other Party who supplies the service through the operation and/or use of the vessel in whole or in part or
2. In the case of the supply of a service through commercial presence or through the presence of natural persons, through a service supplier of that other Party.
Service Provider of a Party means any natural or legal person of a Party that seeks to provide or supply a Service;(6)
Supply of a service means the production, distribution, marketing, sale and provision of a service,
Trade in services means the supply of a service:
1. From the territory of one Party to the territory of the other Party.
2. In the territory of one party to the consumer of the service of the other party.
3. By a service provider of one Party, through a commercial presence in the territory of the other Party.
4. Through a service provider of one of the Parties, through the presence of natural persons of one Party in the territory of the other Party.
Traffic Rights means the right to operate scheduled and unscheduled services and/or transport passengers, goods and mail for pay or hire from, into or over the territory of a Party, including the points to be provided, the routes to be operated, the types of traffic to be carried, the capacity to be provided, the tariffs to be charged and their terms, and the criteria for designating carriers, including criteria such as number, ownership and control,
Article 8.1. Scope and Coverage
1. This Chapter applies to measures adopted and applied by the Parties that affect trade in services.
2. This Chapter does not apply to:
(a) laws, regulations, or requirements governing the procurement by governmental entities of services purchased for governmental purposes and not for commercial resale or for use in the supply of services for commercial sale,
(b) services provided in the exercise of governmental authority,
(c) subsidies or grants provided by one Party, including government-subsidized loans, guarantees, and insurance; and
(d) measures affecting natural persons of one Party seeking access to the labor market of the other Party, or measures relating to nationality, residence, or employment on a permanent basis.
Nothing in this Chapter or its appendices shall prevent a Party from applying measures to regulate the entry or temporary stay of natural persons in its territory, including those measures necessary to protect the safety of natural persons and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied ina manner that nullifies or impairs the benefits accruing to a Party under the terms of a specific commitment (7).
Measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting:
(1) aircraft repair and maintenance services;
(2) the sale and marketing of air transportation services.
(3) computer reservation system services,
Article 8.2. Schedules of Specific Obligations
1. Each Party shall specify in a schedule, to be called its Schedule of Specific Obligations, the obligations and specific commitments undertaken in accordance with Article 8:4 (market access), Article 8:5 (national treatment), and Article 8:6 (additional commitments).
2. With respect to the sectors in which these commitments are undertaken, each schedule of specific commitments shall specify specified:
a) market access terms, limitations and conditions;
b) conditions and qualifications for national treatment;
c) commitments relating to additional commitments;
d) the time frame for the implementation of such commitments, where applicable; and
e) the date of entry into force of such commitments,
3. Measures that are inconsistent with Articles 8.4, and 8.5 shall be listed in the column relating to Article 8.4, in which case the inclusion of inconsistent measures shall be treated as providing a condition or qualification for Article 8.5 as well.
4. The tables of specific obligations of the Parties are set out in Annex A8.
Article 8.3. Most-Favored-Nation Treatment
1. Except as provided in the MFN exemption list in Annex 8B, a Party shall promptly and unconditionally grant, with respect to all actions affecting the supply of services, services and service suppliers of the other Party, treatment no less favorable than that accorded to services and service suppliers of third parties.
2. The obligations in paragraph 1 shall not apply to:
(a) treatment accorded under other existing or future agreements concluded by a Party and notified under Article V or V bis of the General Agreement on Trade in Services (GATS), as well as treatment accorded in accordance with Article VII of the GATS or safeguard measures in accordance with the GATS Annex on Financial Services.
(b) The treatment accorded by the United Arab Emirates to services and service suppliers from GCC member states under the GCC Economic Agreement,
(c) The treatment granted by the Parties under the Greater Arab Free Trade Area (GAFTA).
3. The rights and obligations of the Parties with respect to benefits granted to neighboring countries are governed by Article II, paragraph 3 of GATS, which is incorporated by this Agreement and forms part of this Agreement.