4. If, after the entry into force of this Agreement, either Party enters into any agreement on trade in services with an external party, it must negotiate, at the request of the other Party, to include in this Agreement a treatment that is no less favorable preferential treatment than that provided under the agreement concluded with the foreign party, The Parties shall take into account the circumstances under which under which any Party enters into any agreement on trade in services with a foreign Party.
Article 8.4. Market Access
1. With respect to market access through the modes of supply identified in the definition of "trade in services" in the Tariffs, each Party shall accord to services and suppliers of services to the other Party treatment no less favorable than that provided under the agreed terms, limitations and conditions set forth in the Schedule of Specific Commitments (8).
2. In sectors where market access commitments are undertaken, measures that a Party may not adopt or apply, either on a territorial subdivision basis or on a territory-wide basis, unless otherwise provided for in its Schedule of Specific Commitments, are defined as:
(a) Restrictions on the number of service providers, whether in the form of numerical quotas, monopolies, sole suppliers of services or economic needs test requirements,
(b) Restrictions on the total value of service transactions or assets in the form of numerical quotas or economic needs test requirements,
(c) limitations on the total number of service operations or the total quantity of service outputs expressed in specific numerical units in the form of quotas or economic needs test requirements, (9)
(d) restrictions on the total number of natural persons who may be employed in a particular service sector or who may be employed by a service supplier and who are necessary and directly related to the supply of a particular service in the form of numerical quotas or economic needs test requirements; and
(e) measures that restrict or require certain types of legal entities or joint ventures through which a service supplier may supply a service; and
(f) Restrictions on foreign capital participation in terms of a maximum percentage of foreign participation or the total value of individual or aggregate foreign investment.
Article 8.5. National Treatment
1. With respect to the service sectors listed in each Party's Schedule of Specific Commitments, and subject to any conditions and qualifications provided therein, each Party shall accord to the services and service providers of the other Party, with respect to all measures affecting the supply of services, treatment no less favorable than that received by its own services and service providers. (10)
2. A Party may fulfill the requirements in paragraph 1 by granting the services and service providers of the other Party either formally identical treatment or formally different treatment from that which it grants to its own similar services and service providers.
3. Formally identical or formally different treatment by one Party shall be considered less favorable if it modifies the conditions of competition in favor of the services or service providers of that Party as compared to the similar services or service providers of the other Party.
Article 8.6. Additional Obligations
The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 8.4 (market access) and 8.5 (national treatment), including those relating to qualifications, standards or licensing issues. Such commitments shall be recorded in that Party's Schedule of Specific Commitments.
Article 8.7. Modification of Schedules
Upon the written request of a Party, the Parties shall hold consultations to consider any modification or withdrawal of a specific commitment in the requesting Party's Schedule of Specific Commitments, The consultations shall be held within three months after the requesting Party submits its request. In the consultations, the Parties shall aim to ensure that an overall level of mutually beneficial commitments is maintained that is no less favorable to trade than that provided for in the Schedule of Specific Commitments prior to such consultations, Amendments to the schedules shall be subject to any procedures adopted by the Joint Committee established in Chapter XV (Administration of the Agreement).
Article 8.8. Domestic Regulation
1. In sectors where specific commitments have been undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective, and impartial manner.
2. (a) Each Party shall maintain or establish as soon as possible judicial, arbitral, or administrative bodies or procedures that provide, at the request of the affected service provider, expeditious review of administrative decisions that affecting trade in services, if warranted. Where such procedures are not independent of the body entrusted with the administrative decision in question, the Party concerned shall ensure that the procedures provide for an objective and impartial review in fact.
(b) The provisions of subparagraph (a) shall not be construed as requiring any Party to establish such bodies or procedures where this is contrary to its constitution or the nature of its legal system.
3. If authorization is required to provide a service pursuant to a specific obligation under this Agreement, the competent authorities of each Party shall
(a) inform the applicant of the decision on the request within a reasonable period of time after the submission of the request, which shall be deemed complete under domestic laws and regulations,
(b) identify all additional information required to complete the application and provide an opportunity to address deficiencies within a reasonable timeframe, in the case of an incomplete application, at the request of the applicant,
(c) provide information without delay on the status of the application at the request of the applicant; and
(d) lf an application is terminated or rejected, the applicant will be informed in writing and as far as possible without delay of the reasons for such action. The Applicant will have the possibility, at its sole discretion, to resubmit a new Application.
4. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, in sectors where specific commitments are undertaken, the Parties shall ensure that such requirements:
(a) are based on objective and transparent criteria, such as competence and ability to provide the service;
(b) are no more burdensome than is necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, do not in themselves impose any restrictions on the supply of the service,
5. In determining whether a Party is complying with the obligation set out in subparagraph 4, account shall be taken of the international standards of the relevant international organizations applied by that Party (11).
6. In sectors where specific obligations are implemented with respect to professional services, each Party shall provide appropriate procedures to verify the competence of professionals from the other Party.
7. The Parties shall review the results of the negotiations on disciplines on domestic regulation, pursuant to Article VI.4 of the GATS Agreement, with a view to incorporating them into this Chapter.
Article 8.9. Recognition
1. Either Party may recognize or encourage its relevant competent bodies to recognize the education, experience gained, requirements fulfilled, licenses or certificates granted by the other Party for purposes of meeting, in whole or in part, its own standards or criteria for authorization, licensing or certification of service providers, and in accordance with paragraph 3. Such recognition, which may be achieved through coordination or otherwise, may be based on an agreement or arrangement between the Parties or relevant competent bodies, or may be granted independently.
2. Where a Party recognizes, under an agreement or arrangement, education or experience obtained, requirements fulfilled, licenses or certificates granted in the territory of a State not party tothe Convention, that Party shall give the other Party a sufficient opportunity to negotiate its accession to such an agreement or arrangement, whether existing or future, or to negotiate a similar agreement or arrangement with it, Where a Party grants recognition independently, that Party shall provide sufficient opportunity for the other Party to demonstrate that the education, experience, licenses, certificates or certifications obtained or requirements met in the territory of that other Party should also be recognized.
3. Neither Party shall grant recognition in a manner that would constitute a means of discriminating between the other Party and third parties when applying its criteria for authorizing, licensing or accrediting service providers, or a disguised restriction on trade in services.
4. The Parties agree to encourage the relevant bodies, where possible, responsible for issuing and recognizing professional and vocational qualifications in their respective territories to:
(a) promote cooperation and explore possibilities for mutual recognition of relevant professional and vocational qualifications; and
(b) pursue mutually acceptable standards for licensing and certification in relation to service sectors of mutual interest to the Parties.
Article 8.10. Payments and Transfers
1. Except in the circumstances provided for in Article 8.13 (Balance of Payments Protection Restrictions), neither Party may apply restrictions on international transfers and payments in connection with current transactions related to its specified obligations.
2. Nothing in this chapter shall affect the rights and obligations of the Parties as members of the IMF under the Articles of Agreement of the IMF, including the use of exchange procedures consistent with the Articles of Agreement, provided that neither Party shall impose restrictions on any capital-related transactions inconsistent with its specific obligations with respect to such transactions, other than Article 13.8 (Balance of Payments Protection Restrictions) or at the request of the IMF.
Article 8.11. Monopolies and Exclusive Service Providers
1. The rights and obligations of the Parties with respect to monopolies and exclusive service providers are governed by paragraphs 1, 2 and 5 of Article 8 of the GATS Agreement, which are hereby incorporated into and form part of this Agreement.
2. If a Party has reason to believe that a monopoly supplier of a service in the other Party is acting in a manner inconsistent with paragraphs 1 and 2 of Article 8 of the GATS Agreement, that Party may request the other Party that established, maintained or licensed that supplier to provide specific information regarding the relevant activities.
Article 8.12. Business Practices
The rights and obligations of the Parties with respect to business practices are governed by Article IX of the GATS, which is hereby incorporated by this Agreement and made a part of this Agreement.
Article 8.13. Restrictions on Balance of Payments Protection
1. The Parties shall endeavor to avoid the imposition of restrictions to maintain the balance of payments.
2. When either Party to this Agreement faces serious balance of payments difficulties, or is under threat of serious balance of payments difficulties, it may adopt or apply restrictive measures with respect to trade in services, including payments and transfers.
3. The rights and obligations of the Parties with respect to such restrictions shall be governed by paragraphs 1 through 3 of Article Xll of the GATS, which are hereby incorporated into and form part of this Agreement, A Party adopting or applying such restrictions shall promptly notify the Joint Committee thereof.
Article 8.14. Denial of Benefits
A Party may refuse to grant the benefits of this Agreement to a Service Provider which is a legal person, if persons of a Party An extemal party owns or controls that legal person and the rejecting party:
(a) does not maintain diplomatic relations with the foreign party and the foreign party is nota member of the World Trade Organization; or
(b) adopts or applies measures with respect to the foreign party or a person of the foreign party that prohibit transactions with the legal person or that would be violated or circumvented if the benefits of this Agreement were granted to the legal person.
In the case of a maritime transportation service, if the rejecting party establishes that the service is provided
(a) by a ship registered under the laws of a foreign party, and
(b) by a person wholly or partly occupying and/or using the ship but from a foreign Party.
Article 8.15. Revision
1. With a view to further liberalizing trade in services between them, the Parties agree to undertake a joint review, at least every two years, of their schedules of specific commitments and exemptions to the National Most-Favored Treatment lists, taking into account any developments relating to the liberalization of services as a result of ongoing work under the World Trade Organization (WTO).
2. The first such review shall take place no later than two years after the entry into force of this Agreement.
Article 16.8. Annexes
The following appendices form part of this chapter:
- Annex 8A: (Schedules of specific commitments for Jordan)
- Annex 8B: (MFN exemptions for Jordan)
- Annex 8C; (Tables of Specific Commitments for the UAE)
- Annex 8D8 (MFN exemptions for the UAE)
Both parties reserve the right to propose additional annexes.
Chapter IX. Digital Trade
Definitions
For the purposes of this Chapter:
Authentication means a process or procedure for verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of the electronic communication.
Customs Duty includes any duties or charges of any kind imposed on or in connection with the importation of a Good, and any additional tax or surcharge imposed in connection with such importation, but does not include any duty equivalent to an internal tax imposed in accordance with Article Ill paragraph 2 of the General Agreement on Tariffs and Trade (GATT):
(a) a charge equivalent to an internal tax imposed in accordance with Article Ill, paragraph 2 of the General Agreement on Tariffs and Trade (a) (GATT) 1994,
(b) Other import-related charges commensurate with the cost of the services provided,
(c) anti-dumping, countervailing or safeguard duties.
Digital Product means a computer program, text, video, image, photograph, sound recording or any other digitally encoded product or product for sale or commercial distribution that can be transmitted electronically.
Electronic digital signature: Data in the form of letters, numbers, symbols, glyphs, signs, etc, that are incorporated in electronic form or by any other similar means into, added to, or associated with an electronic record for the purpose of identifying and distinguishing the owner of the signature from others.
Electronic transmission or electronic transmission means a transmission made by any electromagnetic means, including electromagnetic means.
Open Data means non-proprietary information, including data, that is made freely available to the public by the central level of government.
Personal Data means data or information relating to a natural person that directly or indirectly identifies him or her, regardless of its source or form, including data relating to his or her personality, marital status or location.
Action means any action by any party, whether in the form ofa law, regulation, rule, procedure, decision, administrative action or any other form.
Trade Administration Documents means forms issued or controlled by either party that must be completed by or for the importer or exporter in connection with the import or export of goods;
Unsolicited commercial electronic message means an electronic message sent for commercial or marketing purposes to an electronic address, without the recipient's consent or despite the recipient's express refusal, by an Internet access service provider or, to the extent provided for in each Party's laws and regulations, another telecommunications service.
Sensitive personal data: Any data or information relating to a natural person that directly or indirectly indicates his/her origin, race, opinions, political affilations, religious beliefs, or any data relating to his/her financial situation, health, physical, mental or genetic condition, biometric fingerprints or criminal record, or any information or data considered sensitive if its disclosure or misuse would cause harm to the person concerned, or any information or data considered sensitive if its disclosure or misuse would cause harm to the person concerned.
Data: Personal data and sensitive personal data.
Procedure means any action by a Party, whether in the form ofa law, regulation, rule, procedure, decision, administrative action or any other form.
Trade Administration means forms issued or controlled by a Party that must be completed by or for the benefit of the importer or exporter in connection with the import or export of goods; and
Unsolicited commercial electronic message means an electronic message sent for commercial or marketing purposes to an electronic address, without the recipient's consent or despite the recipient's express refusal, through an Intemet access service provider or, to the extent provided for in the laws and regulations of each Party, another telecommunications service.
Article 9.1. Objectives
1. The Parties recognize the importance of economic growth and opportunities provided by digital commerce, the need to avoid barriers to its use and development, the importance of frameworks that enhance consumer confidence in digital commerce, and the applicability of the WTO Agreement to measures affecting digital commerce.
2. The Parties seek to foster an enabling environment for further progress in digital trade, including e-commerce and the digital transformation of the global economy, by strengthening their bilateral relations on these matters.
Article 9.2. General Provisions
1. This Chapter applies to measures adopted by a Party that affect trade by digital and/or electronic means
2. This Chapter does not apply to:
(a) government procurement,
(b) data held or processed by or on behalf ofa Party, ar measures relating to such data, including measures relating to the collection of such data.
3. The Parties confirm that measures affecting the provision of a service provided or performed digitally or electronically shall be subject to the relevant provisions of Chapter VIll (Trade in Services) and its Annexes and Chapter XI (Investment), including any exceptions or limitations provided for in this Agreement that apply to these provisions.
Article 9.3. Customs Duties
1. No Party may impose customs duties on digital or electronic transmissions, including electronically transmitted content, between a person of one Party and a person of another Party.
2. For greater certainty, paragraph 1 does not prevent a Party from imposing internal taxes, fees, or other charges on digitally or electronically transmitted content, provided that such taxes, fee,s or charges are imposed in a manner that is not inconsistent with the provisions of this Agreement or any other relevant agreement between the Parties.
Article 9.4. Domestic Electronic Transactions Framework
1. Each Party seeks to maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce (1996) or the United Nations Convention on the Use of Electronic Communications in International Contracts, done at New York on November 23, 2005.
2. Each party shall endeavor to:
(a) avoid placing any unnecessary regulatory burden on electronic transactions; and
(b) receive feedback from interested and relevant parties to develop the legal framework for electronic transactions, Including with respect tocommercial documentation.
Article 9.5. Authentication
1. Except as otherwise provided by the law of that Party, a Party may not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. Within the framework of this Agreement, no Party may adopt or apply measures on authentication that would:
(a) prevent the parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
(b) prevent the parties to an electronic transaction from having an opportunity to demonstrate before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.
3. Notwithstanding paragraph 2, a Party may require, for a particular class of transactions, that the authentication method meet certain performance standards or be certified by an authorized authority in accordance with its law.
4. The Parties encourage the use of interoperable authentication methods,
Article 9.6. Trade Administration Documents
Each Party shall endeavor in accordance with its national legislation to
(a) make trade administration documents available to the public in digital or electronic form.
(b) Accept electronically submitted trade management documents as the legal equivalent of a paper copy of those documents.
Article 9.7. Online Consumer Protection
1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from misleading, deceptive, and fraudulent business practices when engaging in digital commerce.
2. Each Party seeks to adopt or enforce consumer protection laws to prohibit misleading, deceptive, and fraudulent business activities that cause harm or potential harm to consumers participating in digital trade. (12)
Article 9.8. Protection of Personal Data
1. The Parties recognize the economic and social benefits of protecting the personal data of persons conducting or participating in electronic transactions and the contribution this makes to enhancing consumer confidence in digital trade.
2. To this end, each Party seeks to adopt or maintain a legal framework that provides personal data protection for users of digital commerce, taking into account the principles and guidelines of relevant international organizations.
Article 9.9. Principles of Internet Access and Use for Digital Commerce
To support the development and growth of digital commerce, each Party recognizes that consumers in its territory should be able to:
(a) access and use the services and applications of their choice, unless prohibited by the Party's law;
(b) operate the services and applications of their choice, in accordance with the Party's law;
(c) connect devices of their choice to the Internet, provided that such devices do not harm the network and are not prohibited by the Party's law
(d) connect devices of their choice to the Internet, provided that such devices do not harm the network and are not prohibited by the law of the Party concerned.
Article 9.10. Cross-border Flow of Information
Without prejudice to any relevant applicable legislation:
(a) the Parties recognize the importance of the free flow of information in facilitating trade, and the importance of protecting personal data,
(b) the Parties shall endeavor to refrain from imposing or applying unnecessary barriers to the cross-border flow of electronic information.
Article 9.11. Open Data
1. The Parties recognize that facilitating public access to and use of open data contributes to stimulating economic and social benefits, competitiveness, improved productivity and innovation, To the extent that a Party chooses to make open data available, and consistent with international practice, that Party shall endeavor to ensure that:
(a) the information is appropriately open-source, contains metadata, and is in a machine-readable and open format that allows the public to freely search, retrieve, use, reus,e and redistribute it, and
(b) to the extent practicable, the information is provided in a spatially enabled format with reliable, easy-to-use, freely available, and regularly updated application programming interfaces.
2. The Parties seek to collaborate to identify ways in which each Party can expand access to and use of open data, with the aim of promoting and creating business and research opportunities,
Article 9.12. Digital Government
1. The Parties recognize that technology can enable more efficient and flexible government operations, improve the quality and reliability of government services, and enable governments to better meet the needs of their citizens and other stakeholders.
2. To this end, the Parties seek to develop and implement strategies to digitize their government processes and services, which may include:
(a) adopt open and inclusive government processes that emphasize accessibility, transparency and accountability in a way that overcomes digital divides,
(b) promote cross-sectoral and cross-government coordination and collaboration on digital agendas,