43 | * In Travis settings, create an env var called `GH_TOKEN` and paste in your
44 | token, taking care that "Display value in build log" is set to off.
45 |
46 | _(note: if you do not yet have a CNAME, remove `cp ../CNAME ./CNAME` from
47 | deploy-ghpages.sh)_
48 |
49 | ### Code structure
50 |
51 | #### The TPP chapters and site content
52 |
53 | All of the TPP chapters and site content are stored as Markdown files in `site`!
54 |
55 | #### JavaScript:
56 |
57 | `site/_js/main.js` contains the main page logic.
58 | This all compiles down to `dist/js/core.js` via grunt, which also uglifies it.
59 | If you’re adding a javascript file, make sure to add its path to the files
60 | array around L169 of `Gruntfile.js`
61 |
62 | #### CSS / Less:
63 |
64 | ```
65 | app/_less
66 | ├── base
67 | │ ├── common.less
68 | │ └── variables.less
69 | ├── components
70 | │ ├── CTA.less
71 | │ ├── animation.less
72 | │ ├── histogram.less
73 | │ └── typography.less
74 | ├── core.less
75 | ├── lib
76 | │ └── reset.less
77 | └── partials
78 | ├── content.less
79 | ├── footer.less
80 | ├── header.less
81 | ├── nav.less
82 | └── share.less
83 | ```
84 |
85 | * All Less files compiled and minified to `dist/css/core.css`
86 | * When in doubt, make a new Less file and import it in `core.less`—there’s no
87 | real performance hit as a result of good organization
88 | * Don’t worry about browser prefixes. Grunt handles that too.
89 |
90 |
91 | [01]: http://unlicense.org/
92 | [02]: http://jekyllrb.com/docs/home/
93 | [03]: http://gruntjs.com/getting-started
94 | [04]: https://github.com/Shopify/liquid/wiki/Liquid-for-Designers
95 | [05]: https://github.com/rbenv/rbenv
96 | [06]: https://github.com/fightforthefuture/bigsurveillance/blob/master/deploy-ghpages.sh
97 | [07]: https://travis-ci.org/fightforthefuture/bigsurveillance
98 |
--------------------------------------------------------------------------------
/Gemfile.lock:
--------------------------------------------------------------------------------
1 | GEM
2 | remote: https://rubygems.org/
3 | specs:
4 | addressable (2.3.8)
5 | backports (3.6.6)
6 | blankslate (2.1.2.4)
7 | celluloid (0.16.0)
8 | timers (~> 4.0.0)
9 | classifier-reborn (2.0.3)
10 | fast-stemmer (~> 1.0)
11 | coderay (1.1.0)
12 | coffee-script (2.4.1)
13 | coffee-script-source
14 | execjs
15 | coffee-script-source (1.9.1.1)
16 | colorator (0.1)
17 | colorize (0.7.7)
18 | csscss (1.3.2)
19 | colorize
20 | parslet (~> 1.5)
21 | ethon (0.7.4)
22 | ffi (>= 1.3.0)
23 | execjs (2.6.0)
24 | faraday (0.9.1)
25 | multipart-post (>= 1.2, < 3)
26 | faraday_middleware (0.10.0)
27 | faraday (>= 0.7.4, < 0.10)
28 | fast-stemmer (1.0.2)
29 | ffi (1.9.10)
30 | gh (0.14.0)
31 | addressable
32 | backports
33 | faraday (~> 0.8)
34 | multi_json (~> 1.0)
35 | net-http-persistent (>= 2.7)
36 | net-http-pipeline
37 | highline (1.7.3)
38 | hitimes (1.2.2)
39 | jekyll (2.3.0)
40 | classifier-reborn (~> 2.0)
41 | colorator (~> 0.1)
42 | jekyll-coffeescript (~> 1.0)
43 | jekyll-gist (~> 1.0)
44 | jekyll-paginate (~> 1.0)
45 | jekyll-sass-converter (~> 1.0)
46 | jekyll-watch (~> 1.1)
47 | kramdown (~> 1.3)
48 | liquid (~> 2.6.1)
49 | mercenary (~> 0.3.3)
50 | pygments.rb (~> 0.6.0)
51 | redcarpet (~> 3.1)
52 | safe_yaml (~> 1.0)
53 | toml (~> 0.1.0)
54 | jekyll-coffeescript (1.0.1)
55 | coffee-script (~> 2.2)
56 | jekyll-gist (1.3.4)
57 | jekyll-paginate (1.1.0)
58 | jekyll-sass-converter (1.3.0)
59 | sass (~> 3.2)
60 | jekyll-watch (1.2.1)
61 | listen (~> 2.7)
62 | json (1.8.3)
63 | kramdown (1.8.0)
64 | launchy (2.4.3)
65 | addressable (~> 2.3)
66 | liquid (2.6.3)
67 | listen (2.10.1)
68 | celluloid (~> 0.16.0)
69 | rb-fsevent (>= 0.9.3)
70 | rb-inotify (>= 0.9)
71 | mercenary (0.3.5)
72 | method_source (0.8.2)
73 | multi_json (1.11.2)
74 | multipart-post (2.0.0)
75 | net-http-persistent (2.9.4)
76 | net-http-pipeline (1.0.1)
77 | parslet (1.5.0)
78 | blankslate (~> 2.0)
79 | posix-spawn (0.3.11)
80 | pry (0.9.12.6)
81 | coderay (~> 1.0)
82 | method_source (~> 0.8)
83 | slop (~> 3.4)
84 | pusher-client (0.6.2)
85 | json
86 | websocket (~> 1.0)
87 | pygments.rb (0.6.3)
88 | posix-spawn (~> 0.3.6)
89 | yajl-ruby (~> 1.2.0)
90 | rb-fsevent (0.9.6)
91 | rb-inotify (0.9.5)
92 | ffi (>= 0.5.0)
93 | rdiscount (2.1.8)
94 | redcarpet (3.3.2)
95 | safe_yaml (1.0.4)
96 | sass (3.4.18)
97 | slop (3.6.0)
98 | timers (4.0.4)
99 | hitimes
100 | toml (0.1.2)
101 | parslet (~> 1.5.0)
102 | travis (1.8.0)
103 | addressable (~> 2.3)
104 | backports
105 | faraday (~> 0.9)
106 | faraday_middleware (~> 0.9, >= 0.9.1)
107 | gh (~> 0.13)
108 | highline (~> 1.6)
109 | launchy (~> 2.1)
110 | pry (~> 0.9, < 0.10)
111 | pusher-client (~> 0.4)
112 | typhoeus (~> 0.6, >= 0.6.8)
113 | typhoeus (0.7.3)
114 | ethon (>= 0.7.4)
115 | websocket (1.2.2)
116 | yajl-ruby (1.2.1)
117 |
118 | PLATFORMS
119 | ruby
120 |
121 | DEPENDENCIES
122 | csscss (~> 1.3)
123 | jekyll (~> 2.3.0)
124 | rdiscount
125 | sass (>= 3.4.0)
126 | travis (>= 1.7.1)
127 |
128 | BUNDLED WITH
129 | 1.10.6
130 |
--------------------------------------------------------------------------------
/site/preamble.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Preamble
7 |
8 | The Parties to this Agreement, resolving to:
9 |
10 | **ESTABLISH** a comprehensive regional agreement that promotes economic integration to liberalise trade and investment, bring economic growth and social benefits, create new opportunities for workers and businesses, contribute to raising living standards, benefit consumers, reduce poverty and promote sustainable growth;
11 |
12 | **STRENGTHEN** the bonds of friendship and cooperation between them and their peoples;
13 |
14 | **BUILD** on their respective rights and obligations under the _Marrakesh Agreement Establishing the World Trade Organization_;
15 |
16 | **RECOGNISE** the differences in their levels of development and diversity of economies;
17 |
18 | **STRENGTHEN** the competitiveness of their businesses in global markets and enhance the competitiveness of their economies by promoting opportunities for businesses, including promoting the development and strengthening of regional supply chains;
19 |
20 | **SUPPORT** the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;
21 |
22 | **ESTABLISH** a predictable legal and commercial framework for trade and investment through mutually advantageous rules;
23 |
24 | **FACILITATE** regional trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters;
25 |
26 | **RECOGNISE** their inherent right to regulate and resolve to preserve the flexibility of the Parties to set legislative and regulatory priorities, safeguard public welfare, and protect legitimate public welfare objectives, such as public health, safety, the environment, the conservation of living or non-living exhaustible natural resources, the integrity and stability of the financial system and public morals;
27 |
28 | **RECOGNISE** further their inherent right to adopt, maintain or modify health care systems;
29 |
30 | **AFFIRM** that state-owned enterprises can play a legitimate role in the diverse economies of the Parties, while recognising that the provision of unfair advantages to state-owned enterprises undermines fair and open trade and investment, and resolve to establish rules for state-owned enterprises that promote a level playing field with privately owned businesses, transparency and sound business practices;
31 |
32 | **PROMOTE** high levels of environmental protection, including through effective enforcement of environmental laws, and further the aims of sustainable development, including through mutually supportive trade and environmental policies and practices;
33 |
34 | **PROTECT** and enforce labour rights, improve working conditions and living standards, strengthen cooperation and the Parties’ capacity on labour issues;
35 |
36 | **PROMOTE** transparency, good governance and rule of law, and eliminate bribery and corruption in trade and investment;
37 |
38 | **RECOGNISE** the important work that our relevant authorities are doing to strengthen macroeconomic cooperation, including on exchange rate issues, in appropriate fora;
39 |
40 | **RECOGNISE** the importance of cultural identity and diversity among and within the Parties, and that trade and investment can expand opportunities to enrich cultural identity and diversity at home and abroad;
41 |
42 | **CONTRIBUTE** to the harmonious development and expansion of world trade and provide a catalyst to broader regional and international cooperation;
43 |
44 | **ESTABLISH** an Agreement to address future trade and investment challenges and opportunities, and contribute to advancing their respective priorities over time; and
45 |
46 | **EXPAND** their partnership by encouraging the accession of other States or separate customs territories in order to further enhance regional economic integration and create the foundation of a Free Trade Area of the Asia Pacific,
47 |
48 | **HAVE AGREED** as follows:
49 |
50 | [**_(Proceed to Chapter 1...)_**](ch01.html)
51 |
--------------------------------------------------------------------------------
/site/ch24.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 24: Small & Medium-sized Businesses
7 |
8 | #### Article 24.1: Information Sharing
9 |
10 | 1\. Each Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:
11 |
12 | (a) the text of this Agreement, including all annexes, tariff schedules and product specific rules of origin;
13 |
14 | (b) a summary of this Agreement; and
15 |
16 | (c) information designed for SMEs that contains:
17 |
18 | (i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
19 |
20 | (ii) any additional information that the Party considers useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
21 |
22 | 2\. Each Party shall include in its website links to:
23 |
24 | (a) the equivalent websites of the other Parties; and
25 |
26 | (b) the websites of its government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party’s territory.
27 |
28 | 3\. Subject to each Party’s laws and regulations, the information described in paragraph 2(b) may include:
29 |
30 | (a) customs regulations and procedures;
31 |
32 | (b) regulations and procedures concerning intellectual property rights;
33 |
34 | (c) technical regulations, standards, and sanitary and phytosanitary measures relating to importation and exportation;
35 |
36 | (d) foreign investment regulations;
37 |
38 | (e) business registration procedures;
39 |
40 | (f) employment regulations; and
41 |
42 | (g) taxation information.
43 |
44 | When possible, each Party shall endeavour to make the information available in English.
45 |
46 | 4\. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure that such information and links are up-to-date and accurate.
47 |
48 | #### Article 24.2: Committee on SMEs
49 |
50 | 1\. The Parties hereby establish a Committee on SMEs (Committee), composed of government representatives of each Party.
51 |
52 | 2\. The Committee shall:
53 |
54 | (a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities under this Agreement;
55 |
56 | (b) exchange and discuss each Party’s experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programmes, trade education, trade finance, identifying commercial partners in other Parties, and establishing good business credentials;
57 |
58 | (c) develop and promote seminars, workshops or other activities to inform SMEs of the benefits available to them under this Agreement;
59 |
60 | (d) explore opportunities for capacity building to assist the Parties in developing and enhancing SME export counselling, assistance and training programmes;
61 |
62 | (e) recommend additional information that a Party may include on the website referred to in Article 24.1 (Information Sharing);
63 |
64 | (f) review and coordinate the Committee’s work programme with those of other committees, working groups and any subsidiary body established under this Agreement, as well as those of other relevant international bodies, in order not to duplicate those work programmes and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities provided by this Agreement;
65 |
66 | (g) facilitate the development of programmes to assist SMEs to participate and integrate effectively into the global supply chain;
67 |
68 | (h) exchange information to assist in monitoring the implementation of this Agreement as it relates to SMEs;
69 |
70 | (i) submit a report of its activities on a regular basis and make appropriate recommendations to the Commission; and
71 |
72 | (j) consider any other matter pertaining to SMEs as the Committee may decide, including any issues raised by SMEs regarding their ability to benefit from this Agreement.
73 |
74 | 3\. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
75 |
76 | 4\. The Committee may seek to collaborate with appropriate experts and international donor organisations in carrying out its programmes and activities.
77 |
78 | #### Article 24.3: Non-Application of Dispute Settlement
79 |
80 | No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
81 |
82 | [**_(Proceed to Chapter 25...)_**](ch25.html)
83 |
84 |
--------------------------------------------------------------------------------
/site/ch22.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 22: Competitiveness and Business Facilitation
7 |
8 | #### Article 22.1: Definitions
9 |
10 | For the purposes of this Chapter:
11 |
12 | **supply chain** means a cross-border network of enterprises operating together as an integrated system to design, develop, produce, market, distribute, transport, and deliver products and services to customers.
13 |
14 | #### Article 22.2: Committee on Competitiveness and Business Facilitation
15 |
16 | 1\. The Parties recognise that, in order to enhance the domestic, regional and global competitiveness of their economies, and to promote economic integration and development within the free trade area, their business environments must be responsive to market developments.
17 |
18 | 2\. Accordingly, the Parties hereby establish a Committee on Competitiveness and Business Facilitation (Committee), composed of government representatives of each Party.
19 |
20 | 3\. The Committee shall:
21 |
22 | (a) discuss effective approaches and develop information sharing activities to support efforts to establish a competitive environment that is conducive to the establishment of businesses, facilitates trade and investment between the Parties, and promotes economic integration and development within the free trade area;
23 |
24 | (b) explore ways to take advantage of the trade and investment opportunities that this Agreement creates;
25 |
26 | (c) provide advice and recommendations to the Commission on ways to further enhance the competitiveness of the Parties’ economies, including recommendations aimed at enhancing the participation of SMEs in regional supply chains;
27 |
28 | (d) explore ways to promote the development and strengthening of supply chains within the free trade area in accordance with Article 22.3 (Supply Chains); and
29 |
30 | (e) engage in other activities as the Parties may decide.
31 |
32 | 4\. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
33 |
34 | 5\. In carrying out its functions, the Committee may work with other committees, working groups and any other subsidiary body established under this Agreement. The Committee may also seek advice from, and consider the work of, appropriate experts, such as international donor institutions, enterprises and non-governmental organisations.
35 |
36 | #### Article 22.3: Supply Chains
37 |
38 | 1\. The Committee shall explore ways in which this Agreement may be implemented so as to promote the development and strengthening of supply chains in order to integrate production, facilitate trade and reduce the costs of doing business within the free trade area.
39 |
40 | 2\. The Committee shall develop recommendations and promote seminars, workshops or other capacity building activities with appropriate experts, including private sector and international donor organisations, to assist participation by SMEs in supply chains in the free trade area.
41 |
42 | 3\. The Committee shall, as appropriate, work with other committees, working groups and any other subsidiary body established under this Agreement, including through joint meetings, to identify and discuss measures affecting the development and strengthening of supply chains. The Committee shall ensure that it does not duplicate the activities of these other bodies.
43 |
44 | 4\. The Committee shall identify and explore best practices and experiences relevant to the development and strengthening of supply chains between the Parties.
45 |
46 | 5\. The Committee shall commence a review of the extent to which this Agreement has facilitated the development, strengthening and operation of supply chains in the free trade area during the fourth year after the date of entry into force of this Agreement. Unless the Parties agree otherwise, the Committee shall conduct further reviews every five years thereafter.
47 |
48 | 6\. In conducting its review, the Committee shall consider the views of interested persons that a Party has received pursuant to Article 22.4 (Engagement with Interested Persons) and provided to the Committee.
49 |
50 | 7\. No later than two years after the commencement of a review under paragraph 5, the Committee shall submit a report to the Commission containing the Committee’s findings and recommendations on ways in which the Parties can promote and strengthen the development of supply chains in the free trade area.
51 |
52 | 8\. Following the Commission’s consideration of the report, the Committee shall make the report publicly available, unless the Parties agree otherwise.
53 |
54 | #### Article 22.4: Engagement with Interested Persons
55 |
56 | The Committee shall establish mechanisms appropriate to provide continuing opportunities for interested persons of the Parties to provide input on matters relevant to enhancing competitiveness and business facilitation.
57 |
58 | #### Article 22.5: Non-Application of Dispute Settlement
59 |
60 | No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
61 |
62 | [**_(Proceed to Chapter 23...)_**](ch23.html)
63 |
64 |
--------------------------------------------------------------------------------
/site/ch21.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 21: Cooperation and Capacity Building
7 |
8 | #### Article 21.1: General Provisions
9 |
10 | 1\. The Parties acknowledge the importance of cooperation and capacity building activities and shall undertake and strengthen these activities to assist in implementing this Agreement and enhancing its benefits, which are intended to accelerate economic growth and development.
11 |
12 | 2\. The Parties recognise that cooperation and capacity building activities may be undertaken between two or more Parties, on a mutually agreed basis, and shall seek to complement and build on existing agreements or arrangements between them.
13 |
14 | 3\. The Parties also recognise that the involvement of the private sector is important in these activities, and that SMEs may require assistance in participating in global markets.
15 |
16 | #### Article 21.2: Areas of Cooperation and Capacity Building
17 |
18 | 1\. The Parties may undertake and strengthen cooperation and capacity building activities to assist in:
19 |
20 | (a) implementing the provisions of this Agreement;
21 |
22 | (b) enhancing each Party’s ability to take advantage of the economic opportunities created by this Agreement; and
23 |
24 | (c) promoting and facilitating trade and investment of the Parties.
25 |
26 | 2\. Cooperation and capacity building activities may include, but are not necessarily limited to, the following areas:
27 |
28 | (a) agricultural, industrial and services sectors;
29 |
30 | (b) promotion of education, culture and gender equality; and
31 |
32 | (c) disaster risk management.
33 |
34 | 3\. The Parties recognise that technology and innovation provides added value to cooperation and capacity building activities, and may be incorporated into cooperation and capacity building activities under this Article.
35 |
36 | 4\. The Parties may undertake cooperation and capacity building activities through modes such as: dialogue, workshops, seminars, conferences, collaborative programmes and projects; technical assistance to promote and facilitate capacity building and training; the sharing of best practices on policies and procedures; and the exchange of experts, information and technology.
37 |
38 | #### Article 21.3: Contact Points for Cooperation and Capacity Building
39 |
40 | 1\. Each Party shall designate and notify a contact point on matters relating to the coordination of cooperation and capacity building activities in accordance with Article 27.5 (Contact Points).
41 |
42 | 2\. A Party may make a request for cooperation and capacity building activities related to this Agreement to another Party or Parties through the contact points.
43 |
44 | #### Article 21.4: Committee on Cooperation and Capacity Building
45 |
46 | 1\. The Parties hereby establish a Committee on Cooperation and Capacity Building (Committee), composed of government representatives of each Party.
47 |
48 | 2\. The Committee shall:
49 |
50 | (a) facilitate the exchange of information between the Parties in areas including, but not limited to, experiences and lessons learned through cooperation and capacity building activities undertaken between the Parties;
51 |
52 | (b) discuss and consider issues or proposals for future cooperation and capacity building activities;
53 |
54 | (c) initiate and undertake collaboration, as appropriate, to enhance donor coordination and facilitate public-private partnerships in cooperation and capacity building activities;
55 |
56 | (d) invite, as appropriate, international donor institutions, private sector entities, non-governmental organisations or other relevant institutions, to assist in the development and implementation of cooperation and capacity building activities;
57 |
58 | (e) establish _ad hoc_ working groups, as appropriate, which may include government representatives, non-government representatives or both;
59 |
60 | (f) coordinate with other committees, working groups and any other subsidiary body established under this Agreement as appropriate, in support of the development and implementation of cooperation and capacity building activities;
61 |
62 | (g) review the implementation or operation of this Chapter; and
63 |
64 | (h) engage in other activities as the Parties may decide.
65 |
66 | 3\. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
67 |
68 | 4\. The Committee shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report to the Commission.
69 |
70 | #### Article 21.5: Resources
71 |
72 | Recognising the different levels of development of the Parties, the Parties shall work to provide the appropriate financial or in-kind resources for cooperation and capacity building activities conducted under this Chapter, subject to the availability of resources and the comparative capabilities that different Parties possess to achieve the goals of this Chapter.
73 |
74 | #### Article 21.6: Non-Application of Dispute Settlement
75 |
76 | No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
77 |
78 | [**_(Proceed to Chapter 22...)_**](ch22.html)
79 |
80 |
--------------------------------------------------------------------------------
/site/ch30.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 30: Final Provisions
7 |
8 | #### Article 30.1: Annexes, Appendices and Footnotes
9 |
10 | The Annexes, Appendices, and footnotes to this Agreement shall constitute an integral part of this Agreement.
11 |
12 | #### Article 30.2: Amendments
13 |
14 | The Parties may agree, in writing, to amend this Agreement. When so agreed by all Parties and approved in accordance with the applicable legal procedures of each Party, an amendment shall enter into force60 days after the date on which all Parties have notified the Depositary in writing of the approval of the amendment in accordance with their respective applicable legal procedures, or on such other date as the Parties may agree.
15 |
16 | #### Article 30.3: Amendment of the WTO Agreement
17 |
18 | In the event of an amendment of the WTO Agreement that amends a provision that the Parties have incorporated into this Agreement, the Parties shall, unless this Agreement provides otherwise, consult on whether to amend this Agreement.
19 |
20 | #### Article 30.4: Accession
21 |
22 | 1\. This Agreement is open to accession by:
23 |
24 | (a) any State or separate customs territory that is a member of APEC, and
25 |
26 | (b) such other State or separate customs territory as the Parties may agree,
27 |
28 | that is prepared to comply with the obligations set out in the Agreement, subject to such terms and conditions as may be agreed between the State or customs territory and the Parties, and following approval in accordance with the applicable legal procedures of each Party and acceding State or customs territory.
29 |
30 | 2\. A State or separate customs territory may seek to accede to this Agreement by submitting a request in writing to the Depositary.
31 |
32 | 3\. (a) Following receipt of a request under paragraph 2 to accede, the Commission shall, provided in the case of paragraph 1(b) that the Parties so agree, establish a working group to negotiate the terms and conditions for the accession. Membership in the working group shall be open to all interested Parties.
33 |
34 | (b) After completing its work, the working group shall provide a written report to the Commission. If the working group has reached agreement with the accession candidate on proposed terms and conditions for accession, the report shall set out those terms and conditions, a recommendation to the Commission to approve them, and a proposed Commission decision inviting the accession candidate to become a Party to the Agreement.
35 |
36 | _3bis_. For purposes of paragraph 3:
37 |
38 | (a) A decision of the Commission shall be deemed to be taken only where:
39 |
40 | (i) all Parties have indicated agreement to the establishment of a working group to consider the request for accession, or
41 |
42 | (ii) if a Party does not indicate agreement when the Commission considers the issue, that Party has not objected in writing to the establishment of a working group to consider the request for accession within 7 days of the Commission’s consideration.
43 |
44 | (b) A decision of the working group shall be deemed to be taken only where:
45 |
46 | (i) all Parties that are members of the working group have indicated agreement, or
47 |
48 | (ii) if a Party that is a member of the working group does not indicate agreement when the working group considers an issue, that Party has not objected in writing within 7 days of the working group’s consideration.
49 |
50 | 4\. If the Commission adopts a decision approving the terms and conditions for an accession and inviting an accession candidate to become a Party, the Commission shall specify a period, which may be subject to extension by agreement of the Parties, during which the accession candidate may deposit an instrument of accession indicating that it accepts those terms and conditions.
51 |
52 | 5\. An accession candidate shall become a Party to this Agreement, subject to the terms and conditions approved in the Commission’s decision, on the later of:
53 |
54 | (a) 60 days after the date on which the candidate deposits an instrument of accession with the Depositary indicating that it accepts those terms and conditions; or
55 |
56 | (b) the date on which all Parties have notified the Depositary that they have completed their respective applicable legal procedures.
57 |
58 | #### Article 30.5: Entry into Force
59 |
60 | 1\. This Agreement shall enter into force 60 days after the date on which all original signatories have notified the Depositary in writing of the completion of their applicable legal procedures.
61 |
62 | 2\. In the event that not all original signatories have notified the Depositary in writing of the completion of their applicable legal procedures within a period of two years of the date of the signature of this Agreement, it shall enter into force 60 days after the expiry of this period if at least six of the original signatories, which together account for at least 85 per cent of the combined gross domestic product of the original signatories in 2013,[[1]](#01c2) have notified the Depositary in writing of the completion of their applicable legal procedures within this period.
63 |
64 | 3\. In the event that this Agreement does not enter into force under paragraph 1 or 2, it shall enter into force 60 days after the date on which at least six of the original signatories, which together account for at least 85 per cent of the combined gross domestic product of the original signatories in 2013, have notified the Depositary in writing of the completion of their applicable legal procedures.
65 |
66 | 4\. After the date of entry into force of this Agreement under paragraph 2 or 3, an original signatory for which the Agreement has not entered into force shall notify the Parties of the completion of its applicable legal procedures and its intention to become a Party to this Agreement. The Commission shall determine within 30 days of the date of the notification by that original signatory whether the Agreement shall enter into force with respect to the notifying original signatory.
67 |
68 | 5\. Unless the Commission and the notifying original signatory agree otherwise, this Agreement shall enter into force for that notifying original signatory referred to in paragraph 4, 30 days after the date on which the Commission makes an affirmative determination.
69 |
70 | #### Article 30.6: Withdrawal
71 |
72 | 1\. Any Party may withdraw from this Agreement by providing written notice of withdrawal to the Depositary. A withdrawing Party shall simultaneously notify the other Parties of its withdrawal through the contact points.
73 |
74 | 2\. A withdrawal shall take effect six months after a Party provides written notice to the Depositary under paragraph 1, unless the Parties agree on a different period. If a Party withdraws, this Agreement shall remain in force for the remaining Parties.
75 |
76 | #### Article 30.7: Depositary
77 |
78 | 1\. The original English, Spanish, and French texts of this Agreement shall be deposited with New Zealand, which is hereby designated as the Depositary of this Agreement.
79 |
80 | 2\. The Depositary shall promptly provide certified copies of the original texts of this Agreement and of any amendments to this Agreement to each signatory State, acceding State and acceding separate customs territory.
81 |
82 | 3\. The Depositary shall promptly inform each signatory and acceding State or separate customs territory, and provide them with the date and a copy, of:
83 |
84 | (a) a notification under Article 30.2 (Amendments), Article 30.4.5 (Accession) or Article 30.5 (Entry into Force);
85 |
86 | (b) a request to accede to this Agreement under Article 30.4.2 (Accession);
87 |
88 | (c) the deposit of an instrument of accession under Article 30.4.4 (Accession); and
89 |
90 | (d) a notice of withdrawal provided under Article 30.6 (Withdrawal).
91 |
92 | #### Article 30.8: Authentic Texts
93 |
94 | The English, Spanish, and French texts of this Agreement are equally authentic. In the event of any divergence between those texts, the English text shall prevail.
95 |
96 | [1] For the purposes of this Article, gross domestic products shall be based on data of the International Monetary Fund using current prices (U.S. dollars).
97 |
98 | [**_(Back home...)_**](index.html)
99 |
100 |
--------------------------------------------------------------------------------
/Gruntfile.js:
--------------------------------------------------------------------------------
1 | module.exports = function (grunt) {
2 | require('time-grunt')(grunt);
3 | require('jit-grunt')(grunt, {});
4 |
5 | grunt.initConfig({
6 | site: {
7 | app: 'site',
8 | dist: 'dist'
9 | },
10 |
11 | clean: {
12 | server: {
13 | files: [
14 | {
15 | dot: true,
16 | src: '<%= site.dist %>/*'
17 | }
18 | ]
19 | }
20 | },
21 |
22 | jekyll: {
23 | options: {
24 | bundleExec: true,
25 | config: '_config.yml',
26 | dest: '<%= site.dist %>',
27 | src: '<%= site.app %>'
28 | },
29 | build: {
30 | options: {
31 | config: '_config.yml,_config.build.yml'
32 | }
33 | },
34 | server: {
35 | options: {
36 | src: '<%= site.app %>'
37 | }
38 | },
39 | check: {
40 | options: {
41 | doctor: true
42 | }
43 | }
44 | },
45 |
46 | copy: {
47 | server: {
48 | files: [
49 | {
50 | expand: true,
51 | dot: true,
52 | cwd: '<%= site.app %>',
53 | src: [
54 | 'images/**/*'
55 | ],
56 | dest: '<%= site.dist %>'
57 | }
58 | ]
59 | }
60 | },
61 |
62 | less: {
63 | options: {
64 | compress: true
65 | },
66 | build: {},
67 | server: {
68 | options: {
69 | compress: false,
70 | sourceMap: true
71 | },
72 | files: {
73 | '<%= site.dist %>/css/core.css': '<%= site.app %>/_less/core.less'
74 | }
75 | },
76 | test: {}
77 | },
78 |
79 | postcss: {
80 | build: {
81 | options: {
82 | map: true,
83 | processors: [
84 | require('autoprefixer')({browsers: 'last 2 versions'}),
85 | require('cssnano')()
86 | ]
87 | },
88 | files: [
89 | {
90 | expand: true,
91 | cwd: '<%= site.dist %>/css',
92 | src: '**/*.css',
93 | dest: '<%= site.dist %>/css'
94 | }
95 | ]
96 | }
97 | },
98 |
99 | connect: {
100 | options: {
101 | hostname: '0.0.0.0',
102 | port: 9051,
103 | middleware: function (connect, options, middlewares) {
104 | middlewares.unshift(function (request, response, next) {
105 | response.setHeader('Access-Control-Allow-Origin', '*');
106 | response.setHeader('Access-Control-Allow-Methods', '*');
107 | return next();
108 | });
109 | return middlewares;
110 | },
111 | useAvailablePort: true
112 | }
113 | },
114 |
115 | watch: {
116 | gruntfile: {
117 | files: ['Gruntfile.js'],
118 | options: {
119 | reload: true
120 | }
121 | },
122 | images: {
123 | files: ['<%= site.app %>/images/**/*.*'],
124 | tasks: ['copy:server']
125 | },
126 | less: {
127 | files: ['<%= site.app %>/_less/**/*.less'],
128 | tasks: ['less:server']
129 | },
130 | javascript: {
131 | files: ['<%= site.app %>/_js/**/*.js'],
132 | tasks: ['concat']
133 | },
134 | jekyll: {
135 | files: [
136 | '_*.*',
137 | '<%= site.app %>/**/*.{xml,html,yml,md,mkd,markdown,txt}'
138 | ],
139 | tasks: ['jekyll:server', 'concurrent']
140 | }
141 | },
142 |
143 | concat: {
144 | options: {
145 | sourceMap: true,
146 | separator: grunt.util.linefeed + ';',
147 | banner: '/*\n @licstart The following is the entire license notice for the\n JavaScript code in this page.\n\n Copyright (C) 2015 Fight for the Future\n\n The JavaScript code in this page is free software: you can\n redistribute it and/or modify it under the terms of the GNU\n General Public License (GNU GPL) as published by the Free Software\n Foundation, either version 3 of the License, or (at your option)\n any later version. The code is distributed WITHOUT ANY WARRANTY;\n without even the implied warranty of MERCHANTABILITY or FITNESS\n FOR A PARTICULAR PURPOSE. See the GNU GPL for more details.\n\n As additional permission under GNU GPL version 3 section 7, you\n may distribute non-source (e.g., minimized or compacted) forms of\n that code without the copy of the GNU GPL normally required by\n section 4, provided you include this license notice and a URL\n through which recipients can access the Corresponding Source.\n\n @licend The above is the entire license notice\n for the JavaScript code in this page.\n*/\n'
148 | },
149 | server: {
150 | files: [
151 | {
152 | src: [
153 | '<%= site.app %>/_js/main.js'
154 | ],
155 | dest: '<%= site.dist %>/js/core.js'
156 | }
157 | ]
158 | }
159 | },
160 |
161 | uglify: {
162 | options: {
163 | sourceMap: true,
164 | sourceMapIncludeSources: true,
165 | check: 'gzip',
166 | banner: '/*\n @licstart The following is the entire license notice for the\n JavaScript code in this page.\n\n Copyright (C) 2015 Fight for the Future\n\n The JavaScript code in this page is free software: you can\n redistribute it and/or modify it under the terms of the GNU\n General Public License (GNU GPL) as published by the Free Software\n Foundation, either version 3 of the License, or (at your option)\n any later version. The code is distributed WITHOUT ANY WARRANTY;\n without even the implied warranty of MERCHANTABILITY or FITNESS\n FOR A PARTICULAR PURPOSE. See the GNU GPL for more details.\n\n As additional permission under GNU GPL version 3 section 7, you\n may distribute non-source (e.g., minimized or compacted) forms of\n that code without the copy of the GNU GPL normally required by\n section 4, provided you include this license notice and a URL\n through which recipients can access the Corresponding Source.\n\n @licend The above is the entire license notice\n for the JavaScript code in this page.\n*/\n'
167 | },
168 | build: {
169 | files: {
170 | '<%= site.dist %>/js/core.js': '<%= site.dist %>/js/core.js'
171 | }
172 | }
173 | },
174 |
175 | concurrent: {
176 | server: [
177 | 'copy:server',
178 | 'less:server',
179 | 'concat'
180 | ]
181 | }
182 | });
183 |
184 | grunt.registerTask('dev', [
185 | 'clean:server',
186 | 'jekyll:server',
187 | 'concurrent:server',
188 | 'watch'
189 | ]);
190 |
191 | grunt.registerTask('build', [
192 | 'clean:server',
193 | 'jekyll:build',
194 | 'concurrent:server',
195 | 'postcss:build'
196 | ]);
197 |
198 | grunt.registerTask('test', [
199 | 'jekyll:check'
200 | ]);
201 |
202 | grunt.registerTask('default', [
203 | 'dev'
204 | ]);
205 | };
206 |
--------------------------------------------------------------------------------
/site/ch27.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 27: Administrative and Institutional Provisions
7 |
8 | #### [Article 27.1: Establishment of the Trans-Pacific Partnership Commission](https://medium.com/p/7e408703dcbf/edit)
9 |
10 | The Parties hereby establish a Trans-Pacific Partnership Commission (Commission) which shall meet at the level of Ministers or senior officials, as mutually determinedbythe Parties. Each Party shall be responsible for the composition of its delegation.
11 |
12 | #### Article 27.2: Functions of the Commission
13 |
14 | 1\. The Commission shall:
15 |
16 | (a) consider any matter relating to the implementation or operation of this Agreement;
17 |
18 | (b) review within 3 years of entry into force of this Agreement and at least every 5 years thereafter the economic relationship and partnership among the Parties;
19 |
20 | (c) consider any proposal to amend or modify this Agreement;
21 |
22 | (d) supervise the work of all committees and working groups established under this Agreement;
23 |
24 | (e) establish the Model Rules of Procedure for Arbitral Tribunals referred to in Article 28.11.2 and Article 28.12, and, where appropriate, amend such Model Rules of Procedure for Arbitral Tribunals;
25 |
26 | (f) consider ways to further enhance trade and investment between the Parties;
27 |
28 | (g) review the roster of panel chairs established under Article 28.10 every 3 years, and when appropriate, constitute a new roster; and
29 |
30 | (h) determine whether the Agreement may enter into force for an original signatory notifying pursuant to paragraph 4 of Article 30.5.1 (Entry into Force).
31 |
32 | 2\. The Commission may:
33 |
34 | (a) establish, refer matters to, or consider matters raised by, any _ad hoc_ or standing committee or working group;
35 |
36 | (b) merge or dissolve any subsidiary bodies established under this Agreement in order to improve the functioning of this Agreement;
37 |
38 | (c) consider and adopt, subject to completion of any necessary legal procedures by each Party, any modifications of [[1]](#c047):
39 |
40 | (i) the Schedules contained in Annex 2-D (Tariff Elimination), by accelerating tariff elimination;
41 |
42 | (ii) the rules of origin established in Annex 3-D (Specific Rules of Origin); or
43 |
44 | (iii) the lists of entities and covered goods and services and thresholds contained in each Party’s Annex to Chapter 15 (Government Procurement);
45 |
46 | (d) develop arrangements for implementing this Agreement;
47 |
48 | (e) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;
49 |
50 | (f) issue interpretations of the provisions of the Agreement;
51 |
52 | (g) seek the advice of non-governmental persons or groups on any matter falling within the Commission’s functions; and
53 |
54 | (h) take such other action as the Parties may agree.
55 |
56 | 3\. Pursuant to paragraph 1(b), the Commission shall review the operation of this Agreement with a view to updating and enhancing this Agreement, through negotiations, as appropriate, to ensure that the disciplines contained in the Agreement remain relevant to the trade and investment issues and challenges confronting the Parties.
57 |
58 | 4\. In conducting a review pursuant to paragraph 3, the Commission shall take into account:
59 |
60 | (a) the work of all committees, working groups and any other subsidiary bodies established under this Agreement;
61 |
62 | (b) relevant developments in international fora; and
63 |
64 | (c) as appropriate, input from non-governmental persons or groups of the Parties.
65 |
66 | #### Article 27.3: Decision-Making
67 |
68 | 1\. The Commission and all subsidiary bodies established under this Agreement shall take alldecisions by consensus, except as otherwise provided in this Agreement, or as the Partiesdecide otherwise.[[2]](#1fb1) Except as otherwise provided in this Agreement,the Commission or subsidiary body shall be deemed to have acted by consensus if no Party present at any meeting when a decision is taken objects to the proposed decision.
69 |
70 | 2\. For the purposes of subparagraph (f) of Article 27.2.2 (Functions of the Commission), a decision of the Commission shall be taken by agreement of all Parties. A decision shall be deemed to be reached if a Party which does not indicate agreement when the Commission considers the issue does not object in writing to the interpretation considered by the Commission within 5 days of that consideration.
71 |
72 | #### Article 27.4: Rules of Procedure of the Commission
73 |
74 | 1\. The Commission shall meet within one year of entry into force of this Agreement and thereafter as the Parties may decide, including as necessary to fulfil its functions under Article 27.2\. Meetings of the Commission shall be chaired successively by each Party.
75 |
76 | 2\. The Party chairing a session of the Commission shall provide any necessary administrative support for such session, and shall notify the Parties of any decision of the Commission.
77 |
78 | 3\. Except as otherwise provided for in this Agreement, the Commission and any subsidiary body established under this Agreement shall carry out its work through whatever means are appropriate, which may include electronic mail, videoconferencing or other means.
79 |
80 | 4\. The Commission and any subsidiary body established under this Agreement may establish rules of procedures for the conduct of its work.
81 |
82 | #### Article 27.5: Contact Points
83 |
84 | 1\. Each Party shall designate an overall contact point to facilitate communications between the Parties on any matter covered by this Agreement as well as other contact points as required by this Agreement.
85 |
86 | 2\. Each Party shall notify the other Parties in writing of its designated contact points no later than 60 days from the date of entry into force of this Agreement for that Party. Each Party shall notify its contact points to any Party for which this Agreement enters into force at a later date, no later than 30 days from the date on which the other Party has notified its contact points.
87 |
88 | #### Article 27.6: Administration of Dispute Settlement Proceedings
89 |
90 | 1\. Each Party shall:
91 |
92 | (a) designate an office to provide administrative assistance to the arbitral tribunals established under Chapter 28 (Dispute Settlement) for proceedings in which it is a disputing Party and to perform such related functions as the Commission may direct; and
93 |
94 | (b) notify the other Parties of the location of its designated office.
95 |
96 | 2\. Each Party shall be responsible for the operation and costs of its designated office.
97 |
98 | #### Article 27.7: Reporting on Progress Related to Transitional Measures
99 |
100 | 1\. At each regular meeting of the Commission, any Party which has a Party specific transition period for any obligation under this Agreement shall report on its plans for and progress towards implementing the obligation.
101 |
102 | 2\. In addition, any such Party shall provide a written report to the Commission on its plans for and progress towards implementing each such obligation as follows:
103 |
104 | (a) for any transition period of three years or less, the Party shall provide a written report six months before the expiration of the transition period;
105 |
106 | (b) for any transition period of more than three years, the Party shall provide a yearly written report on the anniversary date of entry into force of this Agreement for it, beginning on the third anniversary, and six months before the expiration of the transition period.
107 |
108 | 3\. Any Party may request additional information regarding a Party’s progress towards achieving implementation. The reporting Party shall promptly reply to such requests.
109 |
110 | 4\. No later than the date on which a transition period expires, a Party with a specific transition period shall provide written notification to the other Parties of what measure it has taken to implement the obligation for which it has a transition period.
111 |
112 | 5\. If a Party fails to provide such notification, the matter shall be automatically placed on the agenda for the next regular meeting of the Commission. In addition, any Party may request that the Commission meet promptly, by whatever appropriate means, to discuss the matter.
113 |
114 | [1] Chile shall implement the actions of the Commission through _Acuerdos de Ejecución_, in accordance with article 54, numeral 1, fourth paragraph, of the _Constitución Política de la República de Chile_.
115 |
116 | [2] For greater certainty, any such decision on alternative decision-making by Parties shall itself be taken by consensus.
117 |
118 | [**_(Proceed to Chapter 28...)_**](ch28.html)
119 |
120 |
--------------------------------------------------------------------------------
/site/ch23.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 23: Development
7 |
8 | #### Article 23.1: General Provisions
9 |
10 | 1\. The Parties affirm their commitment to promote and strengthen an open trade and investment environment that seeks to improve welfare, reduce poverty, raise living standards and create new employment opportunities in support of development.
11 |
12 | 2\. The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity. Inclusive economic growth includes a more broad-based distribution of the benefits of economic growth through the expansion of business and industry, thecreation of jobs, and the alleviation of poverty.
13 |
14 | 3\. The Parties acknowledge that economic growth and development contribute to achieving the objectives of this Agreement of promoting regional economic integration.
15 |
16 | 4\. The Parties also acknowledge that effective domestic coordination of trade, investment and development policies can contribute to sustainable economic growth.
17 |
18 | 5\. The Parties recognise the potential for joint development activities between the Parties to reinforce efforts to achieve sustainable development goals.
19 |
20 | 6\. The Parties also recognise that activities carried out under Chapter 21 (Cooperation and Capacity Building) are an important component of joint development activities.
21 |
22 | #### Article 23.2: Promotion of Development
23 |
24 | 1\. The Parties acknowledge the importance of each Party’s leadership in implementing development policies, including policies that are designed for its nationals to maximise the use of the opportunities created by this Agreement.
25 |
26 | 2\. The Parties acknowledge that this Agreement has been designed in a manner that takes into account the different levels of economic development of the Parties, including through provisions that support and enable the achievement of national development goals.
27 |
28 | 3\. The Parties further recognise that transparency, good governance and accountability contribute to the effectiveness of development policies.
29 |
30 | #### Article 23.3: Broad-Based Economic Growth
31 |
32 | 1\. The Parties acknowledge that broad-based economic growth reduces poverty, enables sustainable delivery of basic services, and expands opportunities for people to live healthy and productive lives.
33 |
34 | 2\. The Parties recognise that broad-based economic growth promotes peace, stability, democratic institutions, attractive investment opportunities, and effectiveness in addressing regional and global challenges.
35 |
36 | 3\. The Parties also recognise that generating and sustaining broad-based economic growth requires sustained high-level commitment by their governments to effectively and efficiently administer public institutions, invest in public infrastructure, welfare, health and education systems, and foster entrepreneurship and access to economic opportunity.
37 |
38 | 4\. The Parties may enhance broad-based economic growth through policies that take advantage of trade and investment opportunities created by this Agreement in order to contribute to, among other things, sustainable development and the reduction of poverty. These policies may include those related to the promotion of market-based approaches aimed at improving trading conditions and access to finance for vulnerable areas or populations, and SMEs.
39 |
40 | #### Article 23.4: Women and Economic Growth
41 |
42 | 1\. The Parties recognise that enhancing opportunities in their territories for women, including workers and business owners, to participate in the domestic and global economy contributes to economic development. The Parties further recognise the benefit of sharing their diverse experiences in designing, implementing and strengthening programmes to encourage this participation.
43 |
44 | 2\. Accordingly, the Parties shall consider undertaking cooperative activities aimed at enhancing the ability of women, including workers and business owners, to fully access and benefit from the opportunities created by this Agreement. These activities may include providing advice or training, such as through the exchange of officials, and exchanging information and experience on:
45 |
46 | (a) programmes aimed at helping women build their skills and capacity, and enhance their access to markets, technology and financing;
47 |
48 | (b) developing women’s leadership networks; and
49 |
50 | (c) identifying best practices related to workplace flexibility.
51 |
52 | #### Article 23.5: Education, Science and Technology, Research and Innovation
53 |
54 | 1\. The Parties recognise that the promotion and development of education, science and technology, research and innovation can play an important role in accelerating growth, enhancing competitiveness, creating jobs, and expanding trade and investment among the Parties.
55 |
56 | 2\. The Parties further recognise that policies related to education, science and technology, research and innovation can help Parties maximise the benefits derived from this Agreement. Accordingly, Parties may encourage the design of policies in these areas that take into consideration trade and investment opportunities arising from this Agreement, in order to further increase those benefits. Those policies may include initiatives with the private sector, including those aimed at developing relevant expertise and managerial skills, and enhancing enterprises’ ability to transform innovations into competitive products and start-up businesses.
57 |
58 | #### Article 23.6: Joint Development Activities
59 |
60 | 1\. The Parties recognise that joint activities between the Parties to promote maximisation of the development benefits derived from this Agreement can reinforce national development strategies, including, where appropriate, through work with bilateral partners, private companies, academic institutions and non-governmental organisations**.**
61 |
62 | 2\. When mutually agreed, two or more Parties shall endeavour to facilitate joint activities between relevant government, private and multilateral institutions so that the benefits derived from this Agreement might more effectively advance each Party’s development goals. These joint activities may include:
63 |
64 | (a) discussion between Parties to promote, where appropriate, alignment of Parties’ development assistance and finance programmes with national development priorities;
65 |
66 | (b) consideration of ways to expand engagement in science, technology and research to foster the application of innovative uses of science and technology, promote development and build capacity;
67 |
68 | (c) facilitation of public and private sector partnerships that enable private enterprises, including SMEs, to bring their expertise and resources to cooperative ventures with government agencies in support of development goals; and
69 |
70 | (d) involvement of the private sector, including philanthropic organisations and businesses, and non-governmental organisations in activities to support development.
71 |
72 | #### Article 23.7: Committee on Development
73 |
74 | 1\. The Parties hereby establish a Committee on Development (Committee), composed of government representatives of each Party.
75 |
76 | 2\. The Committee shall:
77 |
78 | (a) facilitate the exchange of information on Parties’ experiences regarding the formulation and implementation of national policies intended to derive the greatest possible benefits from this Agreement;
79 |
80 | (b) facilitate the exchange of information on Parties’ experiences and lessons learned through joint development activities undertaken under Article 23.6 (Joint Development Activities);
81 |
82 | (c) discuss any proposals for future joint development activities in support of development policies related to trade and investment;
83 |
84 | (d) invite, as appropriate, international donor institutions, private sector entities, non-governmental organisations or other relevant institutions to assist in the development and implementation of joint development activities;
85 |
86 | (e) carry out other functions as the Parties may decide in respect of maximising the development benefits derived from this Agreement; and
87 |
88 | (f) consider issues associated with the implementation and operation of this Chapter, with a view towards considering ways the Chapter may enhance the development benefits of this Agreement.
89 |
90 | 3\. The Committeeshall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
91 |
92 | 4\. In carrying out its functions, the Committee may work with other committees, working groups and any other subsidiary body established under this Agreement.
93 |
94 | #### Article 23\. 8: Relation to Other Chapters
95 |
96 | In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
97 |
98 | #### Article 23.9: Non-Application of Dispute Settlement
99 |
100 | No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
101 |
102 | [**_(Proceed to Chapter 24...)_**](ch24.html)
103 |
104 |
--------------------------------------------------------------------------------
/site/ch12.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 12: Temporary Entry for Business Persons
7 |
8 | #### Article 12.1: Definitions
9 |
10 | For the purposes of this Chapter:
11 |
12 | **business person** means**:**
13 |
14 | (a) a natural person who has the nationality of a Party according to Annex 1-A (Party-Specific Definitions), or
15 |
16 | (b) a permanent resident of a Party that, prior to the date of entry into force of this Agreement, has made a notification consistent with Article XXVIII(k)(ii)(2) of GATS that that Party accords substantially the same treatment to its permanent residents as it does to its nationals,[[1]](#f98a)
17 |
18 | who is engaged in trade in goods, the supply of services or the conduct of investment activities;
19 |
20 | **immigration formality** means a visa, permit, pass or other document or electronic authority granting temporary entry;
21 |
22 | **immigration measure** means any measure affecting the entry and stay of foreign nationals; and
23 |
24 | **temporary entry** means entryinto the territory of a Party by a business person of another Party who does not intend to establish permanent residence.
25 |
26 | #### Article 12.2: Scope
27 |
28 | 1\. This Chapter shall apply to measures that affect the temporary entry of business persons of a Party into the territory of another Party.
29 |
30 | 2\. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of another Party, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.
31 |
32 | 3.Nothing in this Agreementshall prevent a Party from applying measures to regulate the entry of natural persons of another Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of naturalpersons across, its borders, provided that those measures are not applied in a manner as to nullify or impair the benefits accruing to any Party under this Chapter.
33 |
34 | **4\.** The sole fact that a Party requiresbusiness personsof another Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to anyParty under this Chapter.
35 |
36 | #### Article 12.3: Application Procedures
37 |
38 | 1\. As expeditiously as possible after receipt of a completed application for an immigration formality, each Party shall make a decision on the application and inform the applicant of the decision including, if approved, the period of stay and other conditions.
39 |
40 | **2\.** At the request of an applicant, a Party that has received a completed application for an immigration formality shallendeavour topromptly provide information concerning the status of the application.
41 |
42 | 3\. Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable, in that they do not unduly impair or delay trade in goods or services or conduct of investment activities under this Agreement.
43 |
44 | #### Article 12.4: Grant of Temporary Entry
45 |
46 | 1\. Each Party shall set out in Annex 12-A the commitments it makes with regard to temporary entry of business persons, whichshall specify the conditions and limitations for entry and temporary stay, including length of stay, for each category of business personsspecified by that Party.
47 |
48 | 2\. A Party shall grant temporary entry or extension of temporary stay to business persons of another Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that thosebusiness persons:
49 |
50 | (a) follow the granting Party’s prescribed application procedures for the relevant immigration formality; and
51 |
52 | (b) meet all relevant eligibility requirements for temporary entry or extension of temporary stay.
53 |
54 | 3\. The sole fact that a Party grants temporary entry to a business person of another Party pursuant to this Chapter shall not be construed to exempt that business person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.
55 |
56 | **4\.** A Party may refuse to issue an immigration formality to a business person of another Party if the temporary entry of that person might affect adversely:
57 |
58 | (a) the settlement of any labour dispute that is in progress at the place or intended place of employment; or
59 |
60 | (b) the employment of any natural person who is involved in such dispute.
61 |
62 | 5\. When a Party refuses pursuant to paragraph 4 to issue an immigration formality, it shall inform the applicant accordingly.
63 |
64 | #### Article 12.5: Business Travel
65 |
66 | The Parties affirm their commitments to each other in the context of APEC to enhance the mobility of business persons, including through exploration and voluntary development of trusted traveller programmes, and their support for efforts to enhance the _APEC_ _Business Travel Card_ programme.
67 |
68 | #### Article 12.6: Provision of Information
69 |
70 | Further to Article 26.2 (Publication) and Article 26.5 (Provision of Information), each Party shall:
71 |
72 | (a) promptly publish online if possible or otherwise make publicly available, information on:
73 |
74 | (i) current requirements for temporary entry under this Chapter, including explanatory material and relevant forms and documents that will enable interested persons of the other Parties to become acquainted with those requirements; and
75 |
76 | (ii) the typical timeframe within which an application for an immigration formality is processed; and
77 |
78 | (b) establish or maintain appropriate mechanisms to respond to enquiries from interested persons regarding measures relating to temporary entry covered by this Chapter.
79 |
80 | #### Article 12.7: Committee on Temporary Entry for Business Persons
81 |
82 | 1\. The Parties hereby establish a Committee on Temporary Entry for Business Persons (Committee), composed of government representatives of each Party.
83 |
84 | 2\. The Committee shall meet once every three years, unless otherwise agreed by the Parties, to:
85 |
86 | (a) review the implementation and operation of this Chapter;
87 |
88 | (b) consider opportunities for the Parties to further facilitate temporary entry of business persons, including through the development of activities undertaken pursuant to Article 12.8 (Cooperation); and
89 |
90 | (c) consider any other matter arising under this Chapter.
91 |
92 | 3.A Party may request discussions with one or more other Parties with a view to advancing the objectives set out in paragraph 2\. Those discussions may take place at a time and location agreed by the Parties involved in those discussions.
93 |
94 | #### Article 12.8: Cooperation
95 |
96 | Recognising that the Parties can benefit from sharing their diverse experience in developing and applying procedures related to visa processing and border security, the Parties shall consider undertaking mutually agreed cooperation activities, subject to available resources, including by:
97 |
98 | (a) providing advice on the development and implementation of electronic processing systems for visas;
99 |
100 | (b) sharing experiences with regulations, and the implementation of programmes and technology related to:
101 |
102 | (i) border security, including those related to the use of biometric technology, advanced passenger information systems, frequent passenger programmes and security in travel documents; and
103 |
104 | (ii) the expediting of certain categories of applicants in order to reduce facility and workload constraints; and
105 |
106 | (c) cooperating in multilateral fora to promote processing enhancements, such as those listed in subparagraphs (a) and (b).
107 |
108 | #### Article 12.9: Relation to Other Chapters
109 |
110 | 1\. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 27 (Administrative and Institutional Provisions), Chapter 28 (Dispute Settlement), Chapter 30 (Final Provisions), Article 26.2 (Publication) and Article 26.5 (Provision of Information), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures**.**
111 |
112 | 2\. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.
113 |
114 | #### Article 12.10: Dispute Settlement
115 |
116 | 1\. No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) regarding a refusal to grant temporary entry unless:
117 |
118 | (a) the matter involves a pattern of practice; and
119 |
120 | (b) the business persons affected have exhausted all available administrative remedies regarding the particular matter.
121 |
122 | 2\. The remedies referred to in paragraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the other Partywithin a reasonable period of time after the dateof the institution of proceedings for the remedy, including any proceedings for review or appeal, and the failure to issue such a determination is not attributable to delayscaused by the business personsconcerned.
123 |
124 | [1] For the purposes of subparagraph (b), “nationals” has the meaning it bears in Article XXVIII(k)(ii)(2) of GATS.
125 |
126 | ### Annex 12-A: Temporary Entry for Business Persons
127 |
128 | * [Australia](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Australia.pdf)
129 | * [Brunei](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Brunei.pdf)
130 | * [Canada](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Canada.pdf)
131 | * [Chile](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Chile.pdf)
132 | * [Japan](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Japan.pdf)
133 | * [Malaysia](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Malaysia.pdf)
134 | * [Mexico](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Mexico.pdf)
135 | * [New Zealand](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-New-Zealand.pdf)
136 | * [Peru](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Peru.pdf)
137 | * [Singapore](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Singapore.pdf)
138 | * [Viet Nam](https://ustr.gov/sites/default/files/TPP-Final-Text-Annex-12-A-Temporary-Entry-for-Business-Persons-Viet-Nam.pdf)
139 |
140 | [**_(Proceed to Chapter 13...)_**](ch13.html)
141 |
--------------------------------------------------------------------------------
/site/ch25.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 25: Regulatory Coherence
7 |
8 | #### Article 25.1: Definitions
9 |
10 | For the purposes of this Chapter:
11 |
12 | **covered regulatory measure** means the regulatory measure determined by each Party to be subject to this Chapter in accordance with Article 25.3 (Scope of Covered Regulatory Measures); and
13 |
14 | **regulatory measure** means a measure of general application related to any matter covered by this Agreement adopted by regulatory agencies with which compliance is mandatory.
15 |
16 | #### Article 25.2: General Provisions
17 |
18 | 1\. For the purposes of this Chapter, regulatory coherence refers to the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment, economic growth and employment.
19 |
20 | 2\. The Parties affirm the importance of:
21 |
22 | (a) sustaining and enhancing the benefits of this Agreement through regulatory coherence in terms of facilitating increased trade in goods and services and increased investment between the Parties;
23 |
24 | (b) each Party’s sovereign right to identify its regulatory priorities and establish and implement regulatory measures to address these priorities, at the levels that the Party considers appropriate;
25 |
26 | (c) the role that regulation plays in achieving public policy objectives;
27 |
28 | (d) taking into account input from interested persons in the development of regulatory measures; and
29 |
30 | (e) developing regulatory cooperation and capacity building between the Parties.
31 |
32 | #### Article 25.3: Scope of Covered Regulatory Measures
33 |
34 | Each Party shall promptly, and no later than one year after the date of entry into force of this Agreement for that Party, determine and make publicly available the scope of its covered regulatory measures. In determining the scope of covered regulatory measures, each Party should aim to achieve significant coverage.
35 |
36 | #### Article 25.4: Coordination and Review Processes or Mechanisms
37 |
38 | 1\. The Parties recognise that regulatory coherence can be facilitated through domestic mechanisms that increase interagency consultation and coordination associated with processes for developing regulatory measures. Accordingly, each Party shall endeavour to ensure that it has processes or mechanisms to facilitate the effective interagency coordination and review of proposed covered regulatory measures. Each Party should consider establishing and maintaining a national or central coordinating body for this purpose.
39 |
40 | 2\. The Parties recognise that while the processes or mechanisms referred to in paragraph 1 may vary between Parties depending on their respective circumstances (including differences in levels of development and political and institutional structures), they should generally have as overarching characteristics the ability to:
41 |
42 | (a) review proposed covered regulatory measures to determine the extent to which the development of such measures adheres to good regulatory practices, which may include but are not limited to those set out in Article 25.5 (Implementation of Core Good Regulatory Practices), and make recommendations based on that review;
43 |
44 | (b) strengthen consultation and coordination among domestic agencies so as to identify potential overlap and duplication and to prevent the creation of inconsistent requirements across agencies;
45 |
46 | (c) make recommendations for systemic regulatory improvements; and
47 |
48 | (d) publicly report on regulatory measures reviewed, any proposals for systemic regulatory improvements, and any updates on changes to the processes and mechanisms referred to in paragraph 1.
49 |
50 | Each Party should generally produce documents that include descriptions of those processes or mechanisms and that can be made available to the public.
51 |
52 | #### Article 25.5: Implementation of Core Good Regulatory Practices
53 |
54 | 1\. To assist in designing a measure to best achieve the Party’s objective, each Party should generally encourage relevant regulatory agencies, consistent with its laws and regulations, to conduct regulatory impact assessments when developing proposed covered regulatory measures that exceed a threshold of economic impact, or other regulatory impact, where appropriate, as established by the Party. Regulatory impact assessments may encompass a range of procedures to determine possible impacts.
55 |
56 | 2\. Recognising that differences in the Parties’ institutional, social, cultural, legal and developmental circumstances may result in specific regulatory approaches, regulatory impact assessments conducted by a Party should, among other things:
57 |
58 | (a) assess the need for a regulatory proposal, including a description of the nature and significance of the problem;
59 |
60 | (b) examine feasible alternatives, including, to the extent feasible and consistent with laws and regulations, their costs and benefits, such as risks involved as well as distributive impacts, recognising that some costs and benefits are difficult to quantify and monetise;
61 |
62 | (c) explain the grounds for concluding that the selected alternative achieves the policy objectives in an efficient manner, including, if appropriate, reference to the costs and benefits and the potential for managing risks; and
63 |
64 | (d) rely on the best reasonably obtainable existing information including relevant scientific, technical, economic or other information, within the boundaries of the authorities, mandates and resources of the particular regulatory agency.
65 |
66 | 3\. When conducting regulatory impact assessments, a Party may take into consideration the potential impact of the proposed regulation on SMEs.
67 |
68 | 4\. Each Party should ensure that new covered regulatory measures are plainly written and are clear, concise, well organised and easy to understand, recognising that some measures address technical issues and that relevant expertise may be needed to understand and apply them.
69 |
70 | 5\. Subject to its laws and regulations, each Party should ensure that relevant regulatory agencies provide public access to information on new covered regulatory measures and, where practicable, make this information available online.
71 |
72 | 6\. Each Party should review, at intervals it deems appropriate, its covered regulatory measures to determine whether specific regulatory measures it has implemented should be modified, streamlined, expanded or repealed so as to make the Party’s regulatory regime more effective in achieving the Party’s policy objectives.
73 |
74 | 7\. Each Party should, in a manner it deems appropriate, and consistent with its laws and regulations, provide annual public notice of any covered regulatory measure that it reasonably expects its regulatory agencies to issue within the following 12-month period.
75 |
76 | 8\. To the extent appropriate and consistent with its law, each Party should encourage its relevant regulatory agencies to consider regulatory measures in other Parties, as well as relevant developments in international, regional and other fora when planning covered regulatory measures.
77 |
78 | #### Article 25.6: Committee on Regulatory Coherence
79 |
80 | 1\. The Parties hereby establish a Committee on Regulatory Coherence (Committee), composed of government representatives of the Parties.
81 |
82 | 2\. The Committee shall consider issues associated with the implementation and operation of this Chapter. The Committee shall also consider identifying future priorities, including potential sectoral initiatives and cooperative activities, involving issues covered by this Chapter and issues related to regulatory coherence covered by other Chapters of this Agreement.
83 |
84 | 3\. In identifying future priorities, the Committee shall take into account the activities of other committees, working groups and any other subsidiary body established under this Agreement and shall coordinate with them in order to avoid duplication of activities.
85 |
86 | 4\. The Committee shall ensure that its work on regulatory cooperation offers value in addition to initiatives underway in other relevant fora and avoids undermining or duplicating such efforts.
87 |
88 | 5\. Each Party shall designate and notify a contact point to provide information, on request by another Party, regarding the implementation of this Chapter in accordance with Article 27.5 (Contact Points).
89 |
90 | 6\. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
91 |
92 | 7\. At least once every five years after the date of entry into force of this Agreement, the Committee shall consider developments in the area of good regulatory practices and in best practices in maintaining processes or mechanisms referred to in Article 25.4.1 (Coordination and Review Processes or Mechanisms), as well as the Parties’ experiences in implementing this Chapter with a view towards considering whether to make recommendations to the Commission for improving the provisions of this Chapter so as to further enhance the benefits of this Agreement.
93 |
94 | #### Article 25.7: Cooperation
95 |
96 | 1\. The Parties shall cooperate in order to facilitate the implementation of this Chapter and to maximise the benefits arising from it. Cooperation activities shall take into consideration each Party’s needs, and may include:
97 |
98 | (a) information exchanges, dialogues or meetings with other Parties;
99 |
100 | (b) information exchanges, dialogues or meetings with interested persons, including with SMEs, of other Parties;
101 |
102 | (c) training programmes, seminars and other relevant assistance;
103 |
104 | (d) strengthening cooperation and other relevant activities between regulatory agencies; and
105 |
106 | (e) other activities that Parties may agree.
107 |
108 | 2\. The Parties further recognise that cooperation between Parties on regulatory matters can be enhanced through, among other things, ensuring that each Party’s regulatory measures are centrally available.
109 |
110 | #### Article 25.8: Engagement with Interested Persons
111 |
112 | The Committee shall establish appropriate mechanisms to provide continuing opportunities for interestedpersonsof the Parties to provide input on matters relevant to enhancing regulatory coherence.
113 |
114 | #### Article 25.9: Notification of Implementation
115 |
116 | 1\. For the purposes of transparency, and to serve as a basis for cooperation and capacity building activities under this Chapter, each Party shall submit a notification of implementation to the Committee through the contact points designated pursuant to Article 27.5 (Contact Points) within two years of the date of entry into force of this Agreement for that Party and at least once every four years thereafter.
117 |
118 | 2\. In its initial notification, each Party shall describe the steps that it has taken since the date of entry into force of this Agreement for that Party, and the steps that it plans to take to implement this Chapter, including those to:
119 |
120 | (a) establish processes or mechanisms to facilitate effective interagency coordination and review of proposed covered regulatory measures in accordance with Article 25.4 (Coordination and Review Processes or Mechanisms);
121 |
122 | (b) encourage relevant regulatory agencies to conduct regulatory impact assessments in accordance with Article 25.5.1 (Implementation of Core Good Regulatory Practices) and Article 25.5.2;
123 |
124 | (c) ensure that covered regulatory measures are written and made available in accordance with Article 25.5.4 (Implementation of Core Good Regulatory Practices) and Article 25.5.5;
125 |
126 | (d) review its covered regulatory measures in accordance with Article 25.6 (Implementation of Core Good Regulatory Practices); and
127 |
128 | (e) provide information to the public in its annual notice of prospective covered regulatory measures in accordance with Article 25.7 (Implementation of Core Regulatory Practices).
129 |
130 | 3\. In subsequent notifications, each Party shall describe the steps, including those set out in paragraph 2, that it has taken since the previous notification, and those that it plans to take to implement this Chapter, and to improve its adherence to it.
131 |
132 | 4\. In its consideration of issues associated with the implementation and operation of this Chapter, the Committee may review notifications made by a Party pursuant to paragraph 1\. During that review, Parties may ask questions or discuss specific aspects of that Party’s notification. The Committee may use its review and discussion of a notification as a basis for identifying opportunities for assistance and cooperative activities to provide assistance in accordance with Article 25.7 (Cooperation).
133 |
134 | #### Article 25.10: Relation to Other Chapters
135 |
136 | In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
137 |
138 | #### Article 25.11: Non-Application of Dispute Settlement
139 |
140 | No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
141 |
142 | [**_(Proceed to Chapter 26...)_**](ch26.html)
143 |
144 |
--------------------------------------------------------------------------------
/site/ch16.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 16: Competition
7 |
8 | #### Article 16.1: Competition Law and Authorities and Anticompetitive Business Conduct[[1]](#10fd)
9 |
10 | 1\. Each Party shall adopt or maintain national competition laws that proscribe anticompetitive business conduct, with the objective of promoting economic efficiency and consumer welfare, and shall take appropriate action with respect to that conduct. These laws should take into account the APEC Principles to Enhance Competition and Regulatory Reform done at Auckland, September 13, 1999.
11 |
12 | 2\. Each Party shall endeavour to apply its national competition laws to all commercial activities in its territory.[[2]](#93e0) However, each Party may provide for certain exemptions from the application of its national competition laws provided that those exemptions are transparent and are based on public policy grounds or public interest grounds.
13 |
14 | 3\. Each Party shall maintain an authority or authorities responsible for the enforcement of its national competition laws (national competition authorities). Each Party shall provide that it is the enforcement policy of that authority or authorities to act in accordance with the objectives set out in paragraph 1 and not to discriminate on the basis of nationality.
15 |
16 | #### Article 16.2: Procedural Fairness in Competition Law Enforcement[[3]](#6f8b)
17 |
18 | 1\. Each Party shall ensure that before it imposes a sanction or remedy against a person for violating its national competition laws, it affords that person:
19 |
20 | (a) information about the national competition authority’s competition concerns;
21 |
22 | (b) a reasonable opportunity to be represented by counsel; and
23 |
24 | (c) a reasonable opportunity to be heard and present evidence in its defence, except that a Party may provide for the person to be heard and present evidence within a reasonable time after it imposes an interim sanction or remedy.
25 |
26 | In particular, each Party shall afford that person a reasonable opportunity to present evidence or testimony in its defence, including: if applicable, to offer the analysis of a properly qualified expert, to cross-examine any testifying witness; and to review and rebut the evidence introduced in the enforcement proceeding[[4]](#7ce1).
27 |
28 | 2\. Each Party shall adopt or maintain written procedures pursuant to which its national competition law investigations are conducted. If these investigations are not subject to definitive deadlines, each Party’s national competition authorities shall endeavour to conduct their investigations within a reasonable time frame.
29 |
30 | 3\. Each Party shall adopt or maintain rules of procedure and evidence that apply to enforcement proceedings concerning alleged violations of its national competition laws and the determination of sanctions and remedies thereunder. These rules shall include procedures for introducing evidence, including expert evidence if applicable, and shall apply equally to all parties to a proceeding.
31 |
32 | 4\. Each Party shall provide a person that is subject to the imposition of a sanction or remedy for violation of its national competition laws with the opportunity to seek review of the sanction or remedy, including review of alleged substantive or procedural errors, in a court or other independent tribunal established under that Party’s laws.
33 |
34 | 5\. Each Party shall authorise its national competition authorities to resolve alleged violations voluntarily by consent of the authority and the person subject to the enforcement action. A Party may provide for such voluntary resolution to be subject to judicial or independent tribunal approval or a public comment period before becoming final.
35 |
36 | 6\. If a Party’s national competition authority issues a public notice that reveals the existence of a pending or ongoing investigation, that authority shall avoid implying in that notice that the person referred to in that notice has engaged in the alleged conduct or violated the Party’s national competition laws.
37 |
38 | 7\. If a Party’s national competition authority alleges a violation of its national competition laws, that authority shall be responsible for establishing the legal and factual basis for the alleged violation in an enforcement proceeding.[[5]](#d409)
39 |
40 | 8\. Each Party shall provide for the protection of business confidential information, and other information treated as confidential under its law, obtained by its national competition authorities during the investigative process. If a Party’s national competition authority uses or intends to use that information in an enforcement proceeding, the Party shall, if it is permissible under its law and as appropriate, provide a procedure to allow the person under investigation timely access to information that is necessary to prepare an adequate defence to the national competition authority’s allegations.
41 |
42 | 9\. Each Party shall ensure that its national competition authorities afford a person under investigation for possible violation of the national competition laws of that Party reasonable opportunity to consult with those competition authorities with respect to significant legal, factual or procedural issues that arise during the investigation.
43 |
44 | #### Article 16.3: Private Rights of Action[[6]](#9d33)
45 |
46 | 1\. For the purposes of this Article, “private right of action” means the right of a person to seek redress, including injunctive, monetary or other remedies, from a court or other independent tribunal for injury to that person’s business or property caused by a violation of national competition laws, either independently or following a finding of violation by a national competition authority.
47 |
48 | 2\. Recognising that a private right of action is an important supplement to the public enforcement of national competition laws, each Party should adopt or maintain laws or other measures that provide an independent private right of action.
49 |
50 | 3\. If a Party does not adopt or maintain laws or other measures that provide an independent private right of action, the Party shall adopt or maintain laws or other measures that provide a right that allows a person:
51 |
52 | (a) to request that the national competition authority initiate an investigation into an alleged violation of national competition laws; and
53 |
54 | (b) to seek redress from a court or other independent tribunal following a finding of violation by the national competition authority.
55 |
56 | 4\. Each Party shall ensure that a right provided pursuant to paragraph 2 or 3 is available to persons of another Party on terms that are no less favourable than those available to its own persons.
57 |
58 | 5\. A Party may establish reasonable criteria for the exercise of any rights it creates or maintains in accordance with this Article.
59 |
60 | #### Article 16.4: Cooperation
61 |
62 | 1\. The Parties recognise the importance of cooperation and coordination between their respective national competition authorities to foster effective competition law enforcement in the free trade area. Accordingly, each Party shall:
63 |
64 | (a) cooperate in the area of competition policy by exchanging information on the development of competition policy; and
65 |
66 | (b) cooperate, as appropriate, on issues of competition law enforcement, including through notification, consultation and the exchange of information.
67 |
68 | 2\. A Party’s national competition authorities may consider entering into a cooperation arrangement or agreement with the competition authorities of another Party that sets out mutually agreed terms of cooperation.
69 |
70 | 3\. The Parties agree to cooperate in a manner compatible with their respective laws, regulations and important interests, and within their reasonably available resources.
71 |
72 | #### Article 16.5: Technical Cooperation
73 |
74 | Recognising that the Parties can benefit by sharing their diverse experience in developing, applying and enforcing competition law and in developing and implementing competition policies, the Parties shall consider undertaking mutually agreed technical cooperation activities, subject to available resources, including:
75 |
76 | (a) providing advice or training on relevant issues, including through the exchange of officials;
77 |
78 | (b) exchanging information and experiences on competition advocacy, including ways to promote a culture of competition; and
79 |
80 | (c) assisting a Party as it implements a new national competition law.
81 |
82 | #### Article 16.6: Consumer Protection
83 |
84 | 1\. The Parties recognise the importance of consumer protection policy and enforcement to creating efficient and competitive markets and enhancing consumer welfare in the free trade area.
85 |
86 | 2\. For the purposes of this Article, fraudulent and deceptive commercial activities refers to those fraudulent and deceptive commercial practices that cause actual harm to consumers, or that pose an imminent threat of such harm if not prevented, for example:
87 |
88 | (a) a practice of making misrepresentations of material fact, including implied factual misrepresentations, that cause significant detriment to the economic interests of misled consumers;
89 |
90 | (b) a practice of failing to deliver products or provide services to consumers after the consumers are charged; or
91 |
92 | (c) a practice of charging or debiting consumers’ financial, telephone or other accounts without authorisation.
93 |
94 | 3\. Each Party shall adopt or maintain consumer protection laws or other laws or regulations that proscribe fraudulent and deceptive commercial activities.[[7]](#5e41)
95 |
96 | 4\. The Parties recognise that fraudulent and deceptive commercial activities increasingly transcend national borders and that cooperation and coordination between the Parties is desirable to effectively address these activities.
97 |
98 | 5\. Accordingly, the Parties shall promote, as appropriate, cooperation and coordination on matters of mutual interest related to fraudulent and deceptive commercial activities, including in the enforcement of their consumer protection laws.
99 |
100 | 6\. The Parties shall endeavour to cooperate and coordinate on the matters set out in this Article through the relevant national public bodies or officials responsible for consumer protection policy, laws or enforcement, as determined by each Party and compatible with their respective laws, regulations and important interests and within their reasonably available resources.
101 |
102 | #### Article 16.7: Transparency
103 |
104 | 1\. The Parties recognise the value of making their competition enforcement policies as transparent as possible.
105 |
106 | 2\. Recognising the value of the APEC Competition Law and Policy Database in enhancing the transparency of national competition laws, policies and enforcement activities, each Party shall endeavour to maintain and update its information on that database.
107 |
108 | 3\. On request of another Party, a Party shall make available to the requesting Party public information concerning:
109 |
110 | (a) its competition law enforcement policies and practices; and
111 |
112 | (b) exemptions and immunities to its national competition laws, provided that the request specifies the particular good or service and market of concern and includes information explaining how the exemption or immunity may hinder trade or investment between the Parties.
113 |
114 | 4\. Each Party shall ensure that a final decision finding a violation of its national competition laws is made in writing and sets out, in non-criminal matters, findings of fact and the reasoning, including legal and, if applicable, economic analysis, on which the decision is based.
115 |
116 | 5\. Each Party shall further ensure that a final decision referred to in paragraph 4 and any order implementing that decision are published, or if publication is not practicable, are otherwise made available to the public in a manner that enables interested persons and other Parties to become acquainted with them. Each Party shall ensure that the version of the decision or order that is made available to the public does not include confidential information that is protected from public disclosure by its law.
117 |
118 | #### Article 16.8: Consultations
119 |
120 | In order to foster understanding between the Parties, or to address specific matters that arise under this Chapter, on request of another Party, a Party shall enter into consultations with the requesting Party. In its request, the requesting Party shall indicate, if relevant, how the matter affects trade or investment between the Parties. The Party addressed shall accord full and sympathetic consideration to the concerns of the requesting Party.
121 |
122 | #### Article 16.9: Non-Application of Dispute Settlement
123 |
124 | No Party shall have recourse to dispute settlement under Chapter BBB (Dispute Settlement) for any matter arising under this Chapter.
125 |
126 | **Annex 16-A:**
127 |
128 | **Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei Darussalam**
129 |
130 | 1\. If as of the date of entry into force of this Agreement, Brunei Darussalam does not have a national competition law which is in force and has not established a national competition authority, Article 16.2 (Procedural Fairness in Competition Law Enforcement), Article 16.3 (Private Rights of Action) and Article 16.4 (Cooperation) shall not apply to Brunei Darussalam for a period of no longer than 10 years after that date.
131 |
132 | 2\. If Brunei Darussalam establishes a national competition authority or authorities before the end of the 10 year period, Article 16.2 (Procedural Fairness in Competition Law Enforcement), Article 16.3 (Private Rights of Action), and Article 16.4 (Cooperation) shall apply to Brunei Darussalam from the date of establishment.
133 |
134 | 3\. During the 10 year period, Brunei Darussalam shall take such steps as may be necessary to ensure that it is in compliance with Article 16.2 (Procedural Fairness in Competition Law Enforcement), Article 16.3 (Private Rights of Action) and Article 16.4 (Cooperation) at the end of the 10-year period and shall endeavour to comply with these obligations before the end of such period. Upon request of a Party, Brunei Darussalam shall inform the Parties of its progress since entry into force of the Agreement in developing and implementing an appropriate national competition law and establishing a national competition authority or authorities.
135 |
136 | [1] This Article is subject to Annex 16-A (Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei Darussalam).
137 |
138 | [2] For greater certainty, nothing in paragraph 2 shall be construed to preclude a Party from applying its competition laws to commercial activities outside its borders that have anticompetitive effects within its jurisdiction.
139 |
140 | [3] This Article is subject to Annex 16-A (Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei Darussalam).
141 |
142 | [4] For the purposes of this Article, “enforcement proceedings” means judicial or administrative proceedings following an investigation into the alleged violation of the competition laws.
143 |
144 | [5] Nothing in paragraph 7 shall prevent a Party from requiring that a person against whom such an allegation is made be responsible for establishing certain elements in defence of the allegation.
145 |
146 | [6] This Article is subject to Annex 16-A (Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei Darussalam).
147 |
148 | [7] For greater certainty, the laws or regulations a Party adopts or maintains to proscribe these activities can be civil or criminal in nature.
149 |
150 | [**_(Proceed to Chapter 17...)_**](ch17.html)
151 |
152 |
--------------------------------------------------------------------------------
/site/ch06.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 6: Trade Remedies
7 |
8 | ## Section A: Safeguard Measures
9 |
10 | #### Article 6.1: Definitions
11 |
12 | For the purposes of this Section:
13 |
14 | domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating within the territory of a Party, or those producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of that good;
15 |
16 | serious injury means a significant overall impairment in the position of a domestic industry;
17 |
18 | threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent;
19 |
20 | transition period means, in relation to a particular good, the three-year period beginning on the date of entry into force of this Agreement, except where the tariff elimination for the good occurs over a longer period of time, in which case the transition period shall be the period of the staged tariff elimination for that good; and
21 |
22 | transitional safeguard measure means a measure described in Article 6.3.2 (Imposition of a Transitional Safeguard Measure).
23 |
24 | #### Article 6.2: Global Safeguards
25 |
26 | 1\. Nothing in this Agreement affects the rights and obligations of the Parties under Article XIX of GATT 1994 and the Safeguards Agreement.
27 |
28 | 2\. Except as provided in paragraph 3, nothing in this Agreement shall confer any rights or impose any obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.
29 |
30 | 3\. A Party that initiates a safeguard investigatory process shall provide to the other Parties an electronic copy of the notification given to the WTO Committee on Safeguards under Article 12.1(a) of the Safeguards Agreement.
31 |
32 | 4\. No Party shall apply or maintain a safeguard measure under this Chapter, to any product imported under a tariff rate quota (TRQ) established by the Party under this Agreement. A Party taking a safeguard measure under Article XIX of GATT 1994 and the Safeguards Agreement may exclude from the safeguard measure imports of originating goods under a TRQ established by the Party under this Agreement and set out in Appendix A to the Party’s schedule to Annex 2-D (Tariff Elimination), if such imports are not a cause of serious injury or threat thereof.
33 |
34 | 5\. No Party shall apply or maintain two or more of the following measures, with respect to the same good, at the same time:
35 |
36 | (a) a transitional safeguard measure under this Chapter;
37 |
38 | (b) a safeguard measure under Article XIX of GATT 1994 and the Safeguards Agreement;
39 |
40 | (c) a safeguard measure set out in Appendix B to its Schedule to Annex 2-D (Tariff Elimination); or
41 |
42 | (d) an emergency action under Chapter 4 (Textiles and Apparel).
43 |
44 | #### Article 6.3: Imposition of a Transitional Safeguard Measure
45 |
46 | 1\. A Party may apply a transitional safeguard measure described in paragraph 2, during the transition period only, if as a result of the reduction or elimination of a customs duty pursuant to this Agreement:
47 |
48 | (a) an originating good of another Party, individually, is being imported into the Party’s territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to cause serious injury to the domestic industry that produces a like or directly competitive good; or
49 |
50 | (b) an originating good of two or more Parties, collectively, is being imported into the Party’s territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to cause serious injury to the domestic industry that produces a like or directly competitive good, provided that the Party applying the transitional safeguard measure demonstrates, with respect to the imports from each such Party against which the transitional safeguard measure is applied, that imports of the originating good from each of those Parties have increased, in absolute terms or relative to domestic production, since the date of entry into force of this Agreement for those Parties.
51 |
52 | 2\. If the conditions in paragraph 1 are met, the Party may, to the extent necessary to prevent or remedy serious injury and to facilitate adjustment:
53 |
54 | (a) suspend the further reduction of any rate of customs duty provided for under this Agreement on the good; or
55 |
56 | (b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
57 |
58 | (i) the most-favoured-nation applied rate of customs duty in effect at the time the measure is applied; and
59 |
60 | (ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement for that Party.
61 |
62 | The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of transitional safeguard measure.
63 |
64 | #### Article 6.4: Standards for a Transitional Safeguard Measure
65 |
66 | 1\. A Party shall maintain a transitional safeguard measure only for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment.
67 |
68 | 2\. That period shall not exceed two years, except that the period may be extended by up to one year if the competent authority of the Party that applies the measure determines, in conformity with the procedures set out in Article 6.5 (Investigation Procedures and Transparency Requirements), that the transitional safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment.
69 |
70 | 3\. No Party shall maintain a transitional safeguard measure beyond the expiration of the transition period.
71 |
72 | 4\. In order to facilitate adjustment in a situation where the expected duration of a transitional safeguard measure is over one year, the Party that applies the measure shall progressively liberalise it at regular intervals during the period of application.
73 |
74 | 5\. On the termination of a transitional safeguard measure, the Party that applied the measure shall apply the rate of customs duty set out in the Party’s Schedule to Annex 2-D (Tariff Elimination) as if that Party had never applied the transitional safeguard measure.
75 |
76 | 6\. No Party shall apply a transitional safeguard measure more than once on the same good.
77 |
78 | #### Article 6.5: Investigation Procedures and Transparency Requirements
79 |
80 | 1\. A Party shall apply a transitional safeguard measure only following an investigation by the Party’s competent authorities in accordance with Article 3 and Article 4.2(c) of the Safeguards Agreement; to this end, Article 3 and Article 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, _mutatis mutandis_.
81 |
82 | 2\. In the investigation described in paragraph 1, the Party shall comply with the requirements of Article 4.2(a) and Article 4.2(b) of the Safeguards Agreement; to this end, Article 4.2(a) and Article 4.2(b) of the Safeguards Agreement are incorporated into and made part of this Agreement, _mutatis mutandis_.
83 |
84 | #### Article 6.6: Notification and Consultation
85 |
86 | 1\. A Party shall promptly notify the other Parties, in writing, if it:
87 |
88 | (a) initiates a transitional safeguard investigation under this Chapter;
89 |
90 | (b) makes a finding of serious injury, or threat of serious injury, caused by increased imports, as set out in Article 6.3 (Imposition of a Transitional Safeguard Measure);
91 |
92 | (c) takes a decision to apply or extend a transitional safeguard measure; and
93 |
94 | (d) takes a decision to modify a transitional safeguard measure previously undertaken.
95 |
96 | 2\. A Party shall provide to the other Parties a copy of the public version of the report of its competent authorities that is required under Article 6.5.1 (Investigation Procedures and Transparency Requirements).
97 |
98 | 3\. When a Party makes a notification pursuant to paragraph 1(c) that it is applying or extending a transitional safeguard measure, that Party shall include in that notification:
99 |
100 | (a) evidence of serious injury, or threat of serious injury, caused by increased imports of an originating good of another Party or Parties as a result of the reduction or elimination of a customs duty pursuant to this Agreement;
101 |
102 | (b) a precise description of the originating good subject to the transitional safeguard measure including its heading or subheading under the HS Code, on which the schedules of tariff commitments in Annex 2-D (Tariff Elimination) are based;
103 |
104 | (c) a precise description of the transitional safeguard measure;
105 |
106 | (d) the date of the transitional safeguard measure’s introduction, its expected duration and, if applicable, a timetable for progressive liberalisation of the measure,; and
107 |
108 | (e) in the case of an extension of the transitional safeguard measure, evidence that the domestic industry concerned is adjusting.
109 |
110 | 4\. On request of a Party whose good is subject to a transitional safeguard proceeding under this Chapter, the Party that conducts that proceeding shall enter into consultations with the requesting Party to review a notification under paragraph 1 or any public notice or report that the competent investigating authority issued in connection with the proceeding.
111 |
112 | #### Article 6.7 Compensation
113 |
114 | 1\. A Party applying a transitional safeguard measure shall, after consultations with each Party against whose good the transitional safeguard measure is applied, provide mutually agreed trade liberalising compensation in the form of concessions that have substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the transitional safeguard measure. The Party shall provide an opportunity for those consultations no later than 30 days after the application of the transitional safeguard measure.
115 |
116 | 2\. If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days, any Party against whose good the transitional safeguard measure is applied may suspend the application of substantially equivalent concessions to the trade of the Party applying the transitional safeguard measure.
117 |
118 | 3\. A Party against whose good the transitional safeguard measure is applied shall notify the Party applying the transitional safeguard measure in writing at least 30 days before it suspends concessions in accordance with paragraph 2.
119 |
120 | 4\. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 terminates on the termination of the transitional safeguard measure.
121 |
122 | ## Section B: Antidumping and Countervailing Duties
123 |
124 | #### Article 6.8: Antidumping and Countervailing Duties
125 |
126 | 1\. Each Party retains its rights and obligations under Article VI of GATT 1994, the AD Agreement and the SCM Agreement.
127 |
128 | 2\. Nothing in this Agreement shall confer any rights or impose any obligations on the Parties with regard to proceedings or measures taken pursuant to Article VI of GATT 1994, the AD Agreement or the SCM Agreement.
129 |
130 | 3.No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Section or Annex 6-A (Practices Relating to Antidumping and Countervailing Duty Proceedings**)**.
131 |
132 | **Annex 6-A: Practices Relating to Antidumping and Countervailing Duty Proceedings**
133 |
134 | The Parties recognise, in Article 6.8 (Antidumping and Countervailing Duties), the right of the Parties to apply trade remedy measures consistent with Article VI of GATT 1994, the AD Agreement and the SCM Agreement, the Parties recognise the following practices[[1]](#fedc) as promoting the goals of transparency and due process in trade remedy proceedings:
135 |
136 | (a) Upon receipt by a Party’s investigating authorities of a properly documented antidumping or countervailing duty application with respect to imports from another Party, and no later than seven days before initiating an investigation, the Party provides written notification of its receipt of the application to the other Party.
137 |
138 | (b) In any proceeding in which the investigating authorities determine to conduct an in-person verification of information that is provided by a respondent[[2]](#8784), and that is pertinent to the calculation of antidumping duty margins or the level of a countervailable subsidy, the investigating authorities promptly notify each respondent of their intent, and:
139 |
140 | (i) provide to each respondent at least 10 working days advance notice of the dates on which the authorities intend to conduct an in-person verification of the information;
141 |
142 | (ii) at least five working days prior to an in-person verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for review; and
143 |
144 | (iii) after an in-person verification is completed, and subject to the protection of confidential information[[3]](#7438), issue a written report that describes the methods and procedures followed in carrying out the verification and the extent to which the information provided by the respondent was supported by the documents reviewed during the verification. The report is made available to all interested parties in sufficient time for the parties to defend their interests.
145 |
146 | (c) A Party’s investigating authorities maintain a public file for each investigation and review that contains:
147 |
148 | (i) all non-confidential documents that are part of the record of the investigation or review; and
149 |
150 | (ii) to the extent feasible without revealing confidential information, non-confidential summaries of confidential information that is contained in the record of each investigation or review. To the extent that individual information is not susceptible of summarisation, it may be aggregated by the investigating authority.
151 |
152 | The public file and a list of all documents that are contained in the record of the investigation or review are physically available for inspection and copying during the investigating authorities’ normal business hours or electronically available for download[[4]](#babd).
153 |
154 | (d) If, in an antidumping or countervailing duty action that involves imports from another Party, a Party’s investigating authorities determine that a timely response to a request for information does not comply with the request, the investigating authorities inform the interested party that submitted the response of the nature of the deficiency and, to the extent practicable in light of time limits established to complete the antidumping or countervailing duty action, provide that interested party with an opportunity to remedy or explain the deficiency. If that interested party submits further information in response to that deficiency and the investigating authorities find that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authorities disregard all or part of the original and subsequent responses, the investigating authorities explain in the determination or other written document the reasons for disregarding the information.
155 |
156 | (e) Before a final determination is made, the investigating authorities inform all interested parties of the essential facts that form the basis of the decision whether to apply definitive measures. Subject to the protection of confidential information, the investigating authorities may use any reasonable means to disclose the essential facts, which includes a report summarising the data in the record, a draft or preliminary determination or some combination of those reports or determinations, to provide interested parties an opportunity to respond to the disclosure of essential facts.
157 |
158 |
159 |
160 | [1] The practices included in this Annex do not constitute a comprehensive list of practices relating to antidumping and countervailing duty proceedings. No inference shall be drawn from the inclusion or exclusion of a particular aspect of such proceedings in this list.
161 |
162 | [2] For the purposes of this paragraph, “respondent” means a producer, manufacturer, exporter, importer, and, where appropriate, a government or government entity, that is required by a Party’s investigating authorys to respond to an antidumping or countervailing duty questionnaire.
163 |
164 | [3] For the purposes of this Annex, “confidential information” includes information which is provided on a confidential basis and which is by its nature confidential, for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have a significantly adverse effect upon a person supplying the information or upon a person from whom that person acquired the information.
165 |
166 | [4] Charges for the copies, if any, are limited in amount to the approximate cost of the services rendered.
167 |
168 | [**_(Proceed to Chapter 7...)_**](ch07.html)
169 |
--------------------------------------------------------------------------------
/site/ch14.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 14: Electronic Commerce
7 |
8 | #### Article 14.1: Definitions
9 |
10 | For the purposes of this Chapter:
11 |
12 | **computing facilities** means computer servers and storage devices for processing or storing information for commercial use;
13 |
14 | **covered person**[[1]](#0cb0)means:
15 |
16 | (a) a covered investment as defined in Article 9.1 (Definitions);
17 |
18 | (b) an investor of a Party as defined in Article 9.1 (Definitions),but does not include an investor in a financial institution; or
19 |
20 | (c) a service supplier of a Party as defined in Article 10.1 (Definitions),
21 |
22 | but does not include a “financial institution” or a “cross-border financial service supplier of a Party” as defined in Article 11.1 (Definitions);
23 |
24 | **digital product** means a computer programme, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distribution,and that can be transmitted electronically;[[2]](#859a), [[3]](#0913)
25 |
26 | **electronic authentication** means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication;
27 |
28 | **electronic transmission** or **transmitted electronically** means a transmission made using any electromagnetic means, including by photonic means;
29 |
30 | **personal information** means any information, including data, about an identified or identifiable natural person;
31 |
32 | **trade administration documents** means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods; and
33 |
34 | **unsolicited commercial electronic message** means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.
35 |
36 | #### Article 14.2: Scope and General Provisions
37 |
38 | 1\. The Parties recognise the economic growth and opportunities provided by electronic commerce and the importance of frameworks that promote consumer confidence in electronic commerce and of avoiding unnecessary barriers to its use and development.
39 |
40 | 2\. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.
41 |
42 | 3\. This Chapter shall not apply to:
43 |
44 | (a) government procurement; or
45 |
46 | (b) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection.
47 |
48 | 4\. For greater certainty, measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter 9 (Investment), Chapter 10 (Cross-Border Trade in Services) and Chapter 11 (Financial Services), including any exceptions or non-conforming measures set out in this Agreement that are applicable to those obligations.
49 |
50 | 5\. For greater certainty, the obligations contained in Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means), Article 14.13 (Location of Computing Facilities) and Article 14.17 (Source Code) are:
51 |
52 | (a) subject to the relevant provisions, exceptions and non-conforming measures of Chapter 9 (Investment), Chapter 10 (Cross-Border Trade in Services) and Chapter 11 (Financial Services); and
53 |
54 | (b) to be read in conjunction with any other relevant provisions in this Agreement.
55 |
56 | 5\. The obligations contained in Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) shall not apply to the non-conforming aspects of measures adopted or maintained in accordance with Article 9.11 (Non-Conforming Measures), Article 10.7 (Non-Conforming Measures) or Article 11.10 (Non-Conforming Measures).
57 |
58 | #### Article 14.3: Customs Duties
59 |
60 | 1\. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of one Party and a person of another Party.
61 |
62 | 2\. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement.
63 |
64 | #### Article 14.4: Non-Discriminatory Treatment of Digital Products
65 |
66 | 1\. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products.[[4]](#631a)
67 |
68 | 2\. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter 18 (Intellectual Property).
69 |
70 | 3\. The Parties understand that this Article does not apply to subsidies or grants provided by a Party including government-supported loans, guarantees and insurance.
71 |
72 | 4\. This Article shall not apply to broadcasting.
73 |
74 | #### Article 14.5: Domestic Electronic Transactions Framework
75 |
76 | 1.Each Party shall 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 November 23, 2005.
77 |
78 | 2\. Each Party shall endeavour to:
79 |
80 | (a) avoid any unnecessary regulatory burden on electronic transactions; and
81 |
82 | (b)facilitate input by interested persons in the development of its legal framework for electronic transactions.
83 |
84 | #### Article 14.6: Electronic Authentication and Electronic Signatures
85 |
86 | 1\. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
87 |
88 | 2\. No Party shall adopt or maintain measures for electronic authentication that would:
89 |
90 | (a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
91 |
92 | (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.
93 |
94 | 3\. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law.
95 |
96 | 4\. The Parties shall encourage the use of interoperable electronic authentication.
97 |
98 | #### Article 14.7: Online Consumer Protection
99 |
100 | 1\. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive commercial activities as referred to in Article 16.7.2 (Consumer Protection) when they engage in electronic commerce.
101 |
102 | 2\. Each Party shall adopt or maintain consumer protection laws to proscribe fraudulent and deceptive commercial activities that cause harm or potential harm to consumers engaged in online commercial activities.
103 |
104 | 3\. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross-border electronic commerce in order to enhance consumer welfare. To this end, the Parties affirm that the cooperation sought under Article 16.7.5 and Article 16.7.6 (Consumer Protection) includes cooperation with respect to online commercial activities.
105 |
106 | #### Article 14.8: Personal Information Protection[5]
107 |
108 | 1\. The Parties recognise the economic and social benefits of protecting the personal information of users of electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce.
109 |
110 | 2\. To this end, each Party shall adopt or maintain a legal framework that provides for the protection of the personal information of the users of electronic commerce. In the development of its legal framework for the protection of personal information, each Party should take into account principles and guidelines of relevant international bodies.[[6]](#38da)
111 |
112 | 3\. Each Party shall endeavour to adopt non-discriminatory practices in protecting users of electronic commerce from personal information protection violations occurring within its jurisdiction.
113 |
114 | 4\. Each Party should publish information on the personal information protections it provides to users of electronic commerce, including how:
115 |
116 | (a) individuals can pursue remedies; and
117 |
118 | (b) business can comply with any legal requirements.
119 |
120 | 5\. Recognising that the Parties may take different legal approaches to protecting personal information, each Party should encourage the development of mechanisms to promote compatibility between these different regimes. These mechanisms may include the recognition of regulatory outcomes, whether accorded autonomously or by mutual arrangement, or broader international frameworks. To this end, the Parties shall endeavour to exchange information on any such mechanisms applied in their jurisdictions and explore ways to extend these or other suitable arrangements to promote compatibility between them.
121 |
122 | #### Article 14.9: Paperless Trading
123 |
124 | Each Party shall endeavour to:
125 |
126 | (a) make trade administration documents available to the public in electronic form; and
127 |
128 | (b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents.
129 |
130 | #### Article 14.10: Principles on Access to and Use of the Internet for Electronic Commerce
131 |
132 | Subject to applicable policies, laws and regulations, the Parties recognise the benefits of consumers in their territories having the ability to:
133 |
134 | (a) access and use services and applications of a consumer’s choice available on the Internet, subject to reasonable network management[[7]](#1341);
135 |
136 | (b) connect the end-user devices of a consumer’s choice to the Internet, provided that such devices do not harm the network; and
137 |
138 | ### (c) access information on the network management practices of a consumer’s Internet access service supplier.
139 |
140 | #### Article 14.11: Cross-Border Transfer of Information by Electronic Means
141 |
142 | 1\. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means.
143 |
144 | 2\. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person.
145 |
146 | 3\. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
147 |
148 | (a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and
149 |
150 | (b) does not impose restrictions on transfers of information greater than are required to achieve the objective.
151 |
152 | #### Article 14.12: Internet Interconnection Charge Sharing
153 |
154 | The Parties recognise that a supplier seeking international Internet connection should be able to negotiate with suppliers of another Party on a commercial basis. These negotiations may include negotiations regarding compensation for the establishment, operation and maintenance of facilities of the respective suppliers.
155 |
156 | #### Article 14.13: Location of Computing Facilities
157 |
158 | 1\. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
159 |
160 | 2\. No Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory.
161 |
162 | 3\. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
163 |
164 | (a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and
165 |
166 | (b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective.
167 |
168 | #### Article 14.14: Unsolicited Commercial Electronic Messages[8]
169 |
170 | 1\. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages that:
171 |
172 | (a) require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to prevent ongoing reception of those messages;
173 |
174 | (b) require the consent, as specified according to the laws and regulations of each Party, of recipients to receive commercial electronic messages; or
175 |
176 | (c) otherwise provide for the minimisation of unsolicited commercial electronic messages.
177 |
178 | 2\. Each Party shall provide recourse against suppliers of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained pursuant to paragraph 1.
179 |
180 | 3\. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
181 |
182 | #### Article 14.15: Cooperation
183 |
184 | Recognising the global nature of electronic commerce, the Parties shall endeavour to:
185 |
186 | (a) work together to assist SMEs to overcome obstacles to its use;
187 |
188 | (b) exchange information and share experiences on regulations, policies, enforcement and compliance regarding electronic commerce, including:
189 |
190 | (i) personal information protection;
191 |
192 | (ii) online consumer protection including means for consumer redress and building consumer confidence;
193 |
194 | (iii) unsolicited commercial electronic messages;
195 |
196 | (iv) security in electronic communications;
197 |
198 | (v) authentication; and
199 |
200 | (vi) e-government;
201 |
202 | (c) exchange information and share views on consumer access to products and services offered online among the Parties;
203 |
204 | (d) participate actively in regional and multilateral fora to promote the development of electronic commerce; and
205 |
206 | (e) encourage development by the private sector of methods of self-regulation that foster electronic commerce, including codes of conduct, model contracts, guidelines and enforcement mechanisms.
207 |
208 | #### Article 14.16: Cooperation on Cybersecurity Matters
209 |
210 | The Parties recognise the importance of:
211 |
212 | (a) building the capabilities of their national entities responsible for computer security incident response; and
213 |
214 | (b) using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties.
215 |
216 | #### Article 14.17: Source Code
217 |
218 | 1\. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.
219 |
220 | 2\. For the purposes of this Article, software subject to paragraph 1 is limited to mass-market software or products containing such software and does not include software used for critical infrastructure.
221 |
222 | 3\. Nothing in this Article shall preclude:
223 |
224 | (a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or
225 |
226 | (b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement.
227 |
228 | 4\. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party.
229 |
230 | #### Article 14.18: Dispute Settlement
231 |
232 | 1\. With respect to existing measures, Malaysia shall not be subject to dispute settlement under Chapter 28 (Dispute Settlement) regarding its obligations under Article 14.4 (Non-Discriminatory Treatment of Digital Products) and Article 14.11 (Cross-Border Transfer of Information by Electronic Means) for a period of two years after the date of entry into force of this Agreement for Malaysia.
233 |
234 | 2\. With respect to existing measures, Viet Nam shall not be subject to dispute settlement under Chapter 28 (Dispute Settlement) regarding its obligations under Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) for a period of two years after the date of entry into force of this Agreement for Viet Nam.
235 |
236 | [1] For Australia, a covered person does not include a credit reporting body.
237 |
238 | [2] For greater certainty, digital product does not include a digitised representation of a financial instrument, including money.
239 |
240 | [3] The definition of digital product should not be understood to reflect a Party’s view on whether trade in digital products through electronic transmission should be categorised as trade in services or trade in goods.
241 |
242 | [4] For greater certainty, to the extent that a digital product of a non-Party is a “like digital product”, it will qualify as an “other like digital product” for the purposes of Article 14.4.1.
243 |
244 | [5] Brunei Darussalam and Viet Nam are not required to apply this Article before the date on which that Party implements its legal framework that provides for the protection of personal data of the users of electronic commerce.
245 |
246 | [6] For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as a comprehensive privacy, personal information or personal data protection laws, sector-specific laws covering privacy, or laws that provide for the enforcement of voluntary undertakings by enterprises relating to privacy.
247 |
248 | [7] The Parties recognise that an Internet access service supplier that offers its subscribers certain content on an exclusive basis would not be acting contrary to this principle.
249 |
250 | [8] Brunei Darussalam is not required to apply this Article before the date on which it implements its legal framework regarding unsolicited commercial electronic messages.
251 |
252 | [**_(Proceed to Chapter 15...)_**](ch15.html)
253 |
--------------------------------------------------------------------------------
/site/ch05.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 5: Customs Administration and Trade Facilitation
7 |
8 | #### Article 5.1: Customs Procedures and Facilitation of Trade
9 |
10 | Each Party shall ensure that its customs procedures are applied in a manner that is predictable, consistent and transparent.
11 |
12 | #### Article 5.2: Customs Cooperation
13 |
14 | 1\. With a view to facilitating the effective operation of this Agreement, each Party shall:
15 |
16 | (a) encourage cooperation with other Parties regarding significant customs issues that affect goods traded between the Parties; and
17 |
18 | (b) endeavour to provide each Party with advance notice of any significant administrative change, modification of a law or regulation, or similar measure related to its laws or regulations that governs importations or exportations, that is likely to substantially affect the operation of this Agreement.
19 |
20 | 2\. Each Party shall, in accordance with its law, cooperate with the other Parties through information sharing and other activities as appropriate, to achieve compliance with their respective laws and regulations that pertain to:
21 |
22 | (a) the implementation and operation of the provisions of this Agreement governing importations or exportations, including claims for preferential tariff treatment, procedures for making claims for preferential tariff treatment and verification procedures;
23 |
24 | (b) the implementation, application and operation of the Customs Valuation Agreement;
25 |
26 | (c) restrictions or prohibitions on imports or exports;
27 |
28 | (d) investigation and prevention of customs offences, including duty evasion and smuggling; and
29 |
30 | (e) other customs matters as the Parties may decide.
31 |
32 | 3\. If a Party has a reasonable suspicion of unlawful activity related to its laws or regulations governing importations, it may request that another Party provide specific confidential information that is normally collected in connection with the importation of goods.
33 |
34 | 4\. If a Party makes a request under paragraph 3, it shall:
35 |
36 | (a) be in writing;
37 |
38 | (b) specify the purpose for which the information is sought; and
39 |
40 | (c) identify the requested information with sufficient specificity for the other Party to locate and provide the information.
41 |
42 | 5\. The Party from which the information is requested under paragraph 3 shall, subject to its law and any relevant international agreements to which it is a party, provide a written response containing the requested information.
43 |
44 | 6\. For the purposes of paragraph 3, “a reasonable suspicion of unlawful activity” means a suspicion based on relevant factual information obtained from public or private sources comprising one or more of the following:
45 |
46 | (a) historical evidence of non-compliance with laws or regulations that govern importations by an importer or exporter;
47 |
48 | (b) historical evidence of non-compliance with laws or regulations that govern importations by a manufacturer, producer or other person involved in the movement of goods from the territory of one Party to the territory of another Party;
49 |
50 | (c) historical evidence of non-compliance with laws or regulations that govern importations by some or all of the persons involved in the movement of goods within a specific product sector from the territory of one Party to the territory of another Party; or
51 |
52 | (d) other information that the requesting Party and the Party from which the information is requested agree is sufficient in the context of a particular request.
53 |
54 | 7\. Each Party shall endeavour to provide another Party with any other information that would assist that Party to determine whether imports from, or exports to, that Party are in compliance with the receiving Party’s laws or regulations that govern importations, in particular those related to unlawful activities, including smuggling and similar infractions.
55 |
56 | 8\. In order to facilitate trade between the Parties, a Party receiving a request shall endeavour to provide the Party that made the request with technical advice and assistance for the purpose of:
57 |
58 | (a) developing and implementing improved best practices and risk management techniques;
59 |
60 | (b) facilitating the implementation of international supply chain standards;
61 |
62 | (c) simplifying and enhancing procedures for clearing goods through customs in a timely and efficient manner;
63 |
64 | (d) developing the technical skill of customs personnel; and
65 |
66 | (e) enhancing the use of technologies that can lead to improved compliance with the requesting Party’s laws or regulations that govern importations.
67 |
68 | 9\. The Parties shall endeavour to establish or maintain channels of communication for customs cooperation, including by establishing contact points in order to facilitate the rapid and secure exchange of information and improve coordination on importation issues.
69 |
70 | #### Article 5.3: Advance Rulings
71 |
72 | 1\. Each Party shall issue, prior to the importation of a good of a Party into its territory, a written advance ruling at the written request of an importer in its territory, or an exporter or producer in the territory of another Party,[[1]](#c277) with regard to:[[2]](#c28e)
73 |
74 | (a) tariff classification;
75 |
76 | (b) the application of customs valuation criteria for a particular case in accordance with the Customs Valuation Agreement;
77 |
78 | (c) whether a good is originating in accordance with Chapter 3 (Rules of Origin and Origin Procedures); and
79 |
80 | (d) such other matters as the Parties may decide.
81 |
82 | 2\. Each Party shall issue an advance ruling as expeditiously as possible and in no case later than 150 daysafter it receives a request, provided that the requester has submitted all the information that the receiving Party requires to make the advance ruling. This includes a sample of the good for which the requester is seeking an advance ruling if requested by the receiving Party. In issuing an advance ruling, the Party shall take into account the facts and circumstances that the requester has provided. For greater certainty, a Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of administrative or judicial review. A Party that declines to issue an advance ruling shall promptly notify the requester in writing, setting out the relevant facts and circumstances and the basis for its decision to decline to issue the advance ruling.
83 |
84 | 3\. Each Party shall provide that its advance rulings shall take effect on the date that they are issued or on another date specified in the ruling, and remain in effect for at least three years, provided that the law, facts and circumstances on which the ruling is based remain unchanged. If a Party’s law provides that an advance ruling becomes ineffective after a fixed period of time, that Party shall endeavour to provide procedures that allow the requester to renew the ruling expeditiously before it becomes ineffective, in situations in which the law, facts and circumstances on which the ruling was based remain unchanged.
85 |
86 | 4\. After issuing an advance ruling, the Party may modify or revoke the advance ruling if there is a change in the law, facts or circumstances on which the ruling was based, if the ruling was based on inaccurate or false information, or if the ruling was in error.
87 |
88 | 5\. A Party may apply a modification or revocation in accordance with paragraph 4 after it provides notice of the modification or revocation and the reasons for it.
89 |
90 | 6\. No Party shall apply a revocation or modification retroactively to the detriment of the requester unless the ruling was based on inaccurate or false information provided by the requester.
91 |
92 | 7\. Each Party shall ensure that requesters have access to administrative review of advance rulings.
93 |
94 | 8\. Subject to any confidentiality requirements in its law, each Party shall endeavour to make its advance rulings publicly available including online.
95 |
96 | #### Article 5.4: Response to Requests for Advice or Information
97 |
98 | On request from an importer in its territory, or an exporter or producer in the territory of another Party, a Party shall expeditiously provide advice or information relevant to the facts contained in the request on:
99 |
100 | (a) the requirements for qualifying for quotas, such as tariff rate quotas;
101 |
102 | (b) the application of duty drawback, deferral or other types of relief that reduce, refund or waive customs duties;
103 |
104 | (c) the eligibility requirements for goods under Article 2.6 (Goods Re-entered after Repair and Alteration);
105 |
106 | (d) country of origin marking,if it is a prerequisite for importation; and
107 |
108 | (e) other matters as the Parties may decide.
109 |
110 | #### Article 5.5: Review and Appeal
111 |
112 | 1\. Each Party shall ensure that any person to whom it issues a determination[[3]](#b609) on a customs matter has access to:
113 |
114 | (a) administrative review of the determination, independent[[4]](#78b8) of the employee or office that issued the determination; and
115 |
116 | (b) judicial review of the determination.[[5]](#a198)
117 |
118 | 2\. Each Party shall ensure that an authority that conducts a review under paragraph 1 notifies the parties to the matter in writing of its decision, and the reasons for the decision. A Party may require a request as a condition for providing the reasons for a decision in the review.
119 |
120 | #### Article 5.6: Automation
121 |
122 | 1\. Each Party shall:
123 |
124 | (a) endeavour to use international standards with respect to procedures for the release of goods;
125 |
126 | (b) make electronic systems accessible to customs users;
127 |
128 | (c) employ electronic or automated systems for risk analysis and targeting;
129 |
130 | (d) endeavour to implement common standards and elements for import and export data in accordance with the World Customs Organization (WCO) Data Model;
131 |
132 | (e) take into account, as appropriate, WCO standards, recommendations, models and methods developed through the WCO or APEC; and
133 |
134 | (f) work toward developing a set of common data elements that are drawn from the WCO Data Model and related WCO recommendations as well as guidelines to facilitate government to government electronic sharing of data for purposes of analysing trade flows.
135 |
136 | 2\. Each Party shall endeavour toprovide a facility that allows importers and exporters to electronically complete standardised import and export requirements at a single entry point.
137 |
138 | #### Article 5.7: Express Shipments
139 |
140 | 1\. Each Party shall adopt or maintain expedited customs procedures for express shipments while maintaining appropriate customs control and selection. These procedures shall:
141 |
142 | (a) provide for information necessary to release an express shipment to be submitted and processed before the shipment arrives;
143 |
144 | (b) allow a single submission of information covering all goods contained in an express shipment, such as a manifest, through, if possible, electronic means;[[6]](#9169)
145 |
146 | (c) to the extent possible, provide for the release of certain goods with a minimum of documentation;
147 |
148 | (d) under normal circumstances, provide for express shipments to be released within six hours after submission of the necessary customs documents, provided the shipment has arrived;
149 |
150 | (e) 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
151 |
152 | (f) provide that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below a fixed amount set under the Party’s law.[[7]](#182b) Each Party shall review the amount periodically taking into account factors that it may consider relevant such as rates of inflation, effect on trade facilitation, impact on risk management, administrative cost of collecting duties compared to the amount of duties, cost of cross-border trade transactions, impact on SMEs or other factors related to the collection of customs duties.
153 |
154 | 2\. If a Party does not provide the treatment in paragraph 1(a) through (f) to all shipments, that Party shall provide a separate[[8]](#c820) and expedited customs procedure that provides that treatment for express shipments.
155 |
156 | #### Article 5.8: Penalties
157 |
158 | 1\. Each Party shall adopt or maintain measures that allow for the imposition of a penalty by a Party’s customs administration for a breach of its customs laws, regulations or procedural requirements, including those governing tariff classification, customs valuation, country of origin and claims for preferential treatment under this Agreement.
159 |
160 | 2\. Each Party shall ensure that a penalty imposed by its customs administration for a breach of a customs law, regulation or procedural requirement is imposed only on the person legally responsible for the breach.
161 |
162 | 3\. Each Party shall ensure that the penalty imposedby its customs administration is dependent on the facts and circumstances[[9]](#0514) of the case and is commensurate with the degree and severity of the breach.
163 |
164 | 4\. Each Party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties. No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage of any penalties or duties assessed or collected.
165 |
166 | 5\. Each Party shall ensure that if a penalty is imposed by its customs administration for a breach of a customs law, regulation or procedural requirement, an explanation in writing is provided to the person upon whom the penalty is imposed specifying the nature of the breach andthe law, regulation or procedure used for determining the penalty amount.
167 |
168 | 6\. If a person voluntarily discloses to a Party’s customs administration the circumstances of a breach of a customs law, regulation or procedural requirement prior to the discovery of the breach by the customs administration, the Party’s customs administration shall, if appropriate, consider this fact as a potential mitigating factor when a penalty is established for that person.
169 |
170 | 7\. Each Party shall provide in its laws, regulations or procedures, or otherwise give effect to, a fixed and finite period within which its customs administration may initiate proceedings[[10]](#9c4a) to impose a penalty relating to a breach of a customs law, regulation or procedural requirement.
171 |
172 | 8\. Notwithstanding paragraph 7, a customs administration may impose, outside of the fixed and finite period, a penalty where this is in lieu of judicial or administrative tribunal proceedings.
173 |
174 | #### Article 5.9: Risk Management
175 |
176 | 1\. Each Party shall adopt or maintain a risk management system for assessment and targeting that enables its customs administration to focus its inspection activities on high-risk goods and that simplifies the clearance and movement of low-risk goods.
177 |
178 | 2\. In order to facilitate trade, each Party shall periodically review and update, as appropriate, the risk management system specified in paragraph 1.
179 |
180 | #### Article 5.10: Release of Goods
181 |
182 | 1\. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties. This paragraph shall not require a Party to release a good if its requirements for release have not been met.
183 |
184 | 2\. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
185 |
186 | (a) provide for the release of goods within a period nolonger than that required to ensure compliance with its customs laws and, to the extent possible, within48hours of the arrival of the goods;
187 |
188 | (b) provide for the electronic submission and processing of customs informationin advance of the arrival of the goods in order to expedite the release of goods from customs control upon arrival;
189 |
190 | (c) allow goods to be released at the point of arrival without temporary transfer to warehouses or other facilities; and
191 |
192 | (d) allow an importer to obtain the release of goods prior to the final determination of customs duties, taxes and fees by the importing Party’s customs administration when these are not determined prior to or promptly upon arrival, provided that the good is otherwise eligible for release and any security required by the importing Party has been provided or payment under protest, if required by a Party, has been made. Payment under protest refers to payment of duties, taxes and fees if the amount is in dispute and procedures are available to resolve the dispute.
193 |
194 | 3\. If a Party allows for the release of goods conditioned on a security, it shall adopt or maintain procedures that:
195 |
196 | (a) ensure that the amount of the security is no greater than that required to ensure that obligations arising from the importation of the goods will be fulfilled;
197 |
198 | (b) ensure that the security shall be discharged as soon as possible after its customs administration is satisfied that the obligations arising from the importation of the goods have been fulfilled; and
199 |
200 | (c) allow importers to provide security using non-cash financial instruments, and including, in appropriate cases where an importer frequently enters goods, instruments covering multiple entries.
201 |
202 | #### Article 5.11: Publication
203 |
204 | 1\. Each Party shall make publicly available including online its customs laws, regulations, and general administrative procedures and guidelines, to the extent possible in the English language.
205 |
206 | 2\. Each Party shall designate or maintain one or more enquiry points to address enquiries from interested persons concerning customs matters and shall make information concerning the procedures for making such enquiries publicly available online.
207 |
208 | 3\. To the extent possible, each Party shall publish in advance regulations of general application governing customs matters that it proposes to adopt and shall provide interested persons the opportunity to comment before the Party adopts the regulation.
209 |
210 | #### Article 5.12: Confidentiality
211 |
212 | 1\. If a Party provides information to another Party in accordance with this Chapter and designates the information as confidential, the other Party shall keep the information confidential. The Party that provides the information may require the other Party to furnish written assurance that the information will be held in confidence, used only for the purposes specified in the other Party’s request for information, and not disclosed without the specific permission of the Party that provided the information or the person that provided the information to that Party.
213 |
214 | 2\. A Party may decline to provide information requested by another Party if that Party has failed to act in accordance with paragraph 1.
215 |
216 | 3\. Each Party shall adopt or maintain procedures for protecting from unauthorised disclosure confidential information submitted in accordance with the administration of the Party’s customs laws, including information the disclosure of which could prejudice the competitive position of the person providing the information.
217 |
218 | — — —
219 |
220 | [1] For greater certainty, an importer, exporter or producer may submit a request for an advance ruling through a duly authorised representative.
221 |
222 | [2] For greater certainty, a Party is not required to provide an advance ruling when it does not maintain measures of the type subject to the ruling request.
223 |
224 | [3] For the purposes of this Article, a determination, if made by Peru, means an administrative act.
225 |
226 | [4] The level of administrative review may include any authority supervising the customs administration.
227 |
228 | [5] Brunei Darussalam may comply with this paragraph by establishing or maintaining an independent body to provide impartial review of the determination.
229 |
230 | [6] For greater certainty, additional documents may be required as a condition for release.
231 |
232 | [7] Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents, for restricted or controlled goods such as goods subject to import licensing or similar requirements.
233 |
234 | [8] For greater certainty, “separate” does not mean a specific facility or lane.
235 |
236 | [9] Facts and circumstances shall be established objectively according to each Party’s law.
237 |
238 | [10] For greater certainty, “proceedings” means administrative measures by the customs administration and does not include judicial proceedings.
239 |
240 | [**_(Proceed to Chapter 6...)_**](ch06.html)
241 |
--------------------------------------------------------------------------------
/site/ch29.md:
--------------------------------------------------------------------------------
1 | ---
2 | layout: default
3 | contentclass: left
4 | shownav: true
5 | ---
6 | # Chapter 29: Exceptions
7 |
8 | ## Section A: Exceptions
9 |
10 | #### Article 29.1: General Exceptions
11 |
12 | 1\. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Textiles and Apparel), Chapter 5 (Customs Administration and Trade Facilitation), Chapter 7 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade) and Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, _mutatis mutandis_.[[1]](#16bd)
13 |
14 | 2\. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
15 |
16 | 3\. For the purposes of Chapter 10 (Cross-Border Trade in Services), Chapter 12 (Temporary Entry for Business Persons), Chapter 13 (Telecommunications), Chapter 14 (Electronic Commerce)[[2]](#5784), and Chapter 17 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, _mutatis mutandis_.[[3]](#5ffd) The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health.
17 |
18 | 4\. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorised by the Dispute Settlement Body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which the Party taking action and the Party against which the action is taken are party.
19 |
20 | #### Article 29.2: Security Exceptions
21 |
22 | Nothing in this Agreement shall be construed to:
23 |
24 | (a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
25 |
26 | (b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.
27 |
28 | #### Article 29.3: Temporary Safeguard Measures
29 |
30 | 1\. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers for current account transactions in the event of serious balance of payments and external financial difficulties or threats thereof.
31 |
32 | 2\. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers relating to the movements of capital:
33 |
34 | (a) in the event of serious balance of payments and external financial difficulties or threats thereof; or
35 |
36 | (b) if, in exceptional circumstances, payments or transfers relating to capital movements cause or threaten to cause serious difficulties for macroeconomic management.
37 |
38 | 3\. Any measure adopted or maintained under paragraph 1 or 2 shall:
39 |
40 | (a) not be inconsistent with Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 11.3 (National Treatment) and Article 11.4 (Most-Favoured-Nation Treatment);[[4]](#f5f4)
41 |
42 | (b) be consistent with the _Articles of Agreement of the International Monetary Fund_;
43 |
44 | (c) avoid unnecessary damage to the commercial, economic and financial interests of any other Party;
45 |
46 | (d) not exceed those necessary to deal with the circumstances described in paragraph 1 or 2;
47 |
48 | (e) be temporary and be phased out progressively as the situations specified in paragraph 1 or 2 improve, and shall not exceed 18 months in duration; however, in exceptional circumstances, a Party may extend such measure for additional periods of one year, by notifying the other Parties in writing within 30 days of the extension, unless after consultations more than one half of the Parties advise, in writing, within 30 days of receiving the notification that they do not agree that the extended measure is designed and applied to satisfy subparagraphs (c), (d) and (h), in which case the Party imposing the measure shall remove the measure, or otherwise modify the measure to bring it into conformity with subparagraphs (c), (d) and (h), taking into account the views of the other Parties, within 90 days of receiving notification that more than one half of the Parties do not agree;
49 |
50 | (f) not be inconsistent with Article 9.7 (Expropriation and Compensation);[[5]](#5fc0)
51 |
52 | (g) in the case of restrictions on capital outflows, not interfere with investors’ ability to earn a market rate of return in the territory of the restricting Party on any restricted assets;[[6]](#3443) and
53 |
54 | (h) not be used to avoid necessary macroeconomic adjustment.
55 |
56 | 4\. Measures referred to in paragraphs 1 and 2 shall not apply to payments or transfers relating to foreign direct investment.[[7]](#5052)
57 |
58 | 5\. A Party shall endeavour to provide that any measures adopted or maintained under paragraph 1 or 2 be price-based, and if such measures are not price-based, the Party shall explain the rationale for using quantitative restrictions when it notifies the other Parties of the measure.
59 |
60 | 6.In the case of trade in goods, Article XII of GATT 1994 and the _Understanding on the Balance of Payments Provisions of the GATT 1994_ are incorporated into and made part of this Agreement, _mutatis mutandis_. Any measures adopted or maintained under this paragraph shall not impair the relative benefits accorded to the other Parties under this Agreement as compared to the treatment of a non-Party.
61 |
62 | 7\. A Party adopting or maintaining measures under paragraph 1, 2 or 6 shall:
63 |
64 | (a) notify, in writing, the other Parties of the measures, including any changes therein, along with the rationale for their imposition, within 30 days of their adoption;
65 |
66 | (b) present, as soon as possible, either a time schedule or the conditions necessary for their removal;
67 |
68 | (c) promptly publish the measures; and
69 |
70 | (d) promptly commence consultations with the other Parties in order to review the measures adopted or maintained by it.
71 |
72 | (i) In the case of capital movements, promptly respond to any other Party that requests consultations in relation to the measures adopted by it, provided that such consultations are not otherwise taking place outside of this Agreement.
73 |
74 | (ii) In the case of current account restrictions, if consultations in relation to the measures adopted by it are not taking place under the framework of the WTO Agreement, a Party, if requested, shall promptly commence consultations with any interested Party.
75 |
76 | #### Article 29.4: Taxation Measures
77 |
78 | 1\. For the purposes of this Article:
79 |
80 | **designated authorities** means:
81 |
82 | (a) for Australia, the Secretary to the Treasury or an authorised representative of the Secretary;
83 |
84 | (b) for Brunei Darussalam, the Minister of Finance or the Minister’s authorised representative;
85 |
86 | (c) for Canada, the Assistant Deputy Minister for Tax Policy, Department of Finance;
87 |
88 | (d) for Chile,the Undersecretary of the Ministry of Finance(_Subsecretario de Hacienda_);
89 |
90 | (e) for Japan, the Minister for Foreign Affairs and the Minister of Finance;[[8]](#013d)
91 |
92 | (f) for Malaysia, the Minister of Finance or the Minister’s authorised representative;
93 |
94 | (g) for Mexico, the Minister of Finance and Public Credit (_Secretario de Hacienda y Crédito Público_);
95 |
96 | (h) for New Zealand, the Commissioner of Inland Revenue or an authorised representative of the Commissioner;
97 |
98 | (i) for Peru, the General Director of International Economy, Competition and Productivity Affairs (_Director General de Asuntos de Economía Internacional, Competencia y Productividad del Ministerio de Economía y Finanzas_);
99 |
100 | (j) for Singapore, the Chief Tax Policy Officer, Ministry of Finance;
101 |
102 | (k) for the United States, the Assistant Secretary of the Treasury (Tax Policy); and
103 |
104 | (l) for Viet Nam, the Minister of Finance,
105 |
106 | or any successor of these designated authorities as notified in writing to the other Parties;
107 |
108 | **tax convention** means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and
109 |
110 | **taxes** and **taxation measures** include excise duties, butdo not include:
111 |
112 | (a) a “customs duty” as defined in Article 1.3 (General Definitions); or
113 |
114 | (b) the measures listed in subparagraphs (b) and (c) of that definition.
115 |
116 | 2\. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
117 |
118 | 3\. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency.
119 |
120 | 4\. In the case of a tax convention between two or more Parties, if an issue arises as to whether any inconsistency exists between this Agreement and the tax convention, the issue shall be referred to the designated authorities of the Parties in question. The designated authorities of those Parties shall have six months from the date of referral of the issue to make a determination as to the existence and extent of any inconsistency. If those designated authorities agree, the period may be extended up to 12 months from the date of referral of the issue. No procedures concerning the measure giving rise to the issue may be initiated under Chapter 28 (Dispute Settlement) or Article 9.18 (Submission of a Claim to Arbitration) until the expiry of the six-month period, or any other period as may have been agreed by the designated authorities. A panel or tribunal established to consider a dispute related to a taxation measure shall accept as binding a determination of the designated authorities of the Parties made under this paragraph.
121 |
122 | 5\. Notwithstanding paragraph 3:
123 |
124 | (a) Article 2.3 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article III of GATT 1994; and
125 |
126 | (b) Article 2.16 (Export Duties, Taxes or other Charges) shall apply to taxation measures.
127 |
128 | 6\. Subject to paragraph 3:
129 |
130 | (a) Article 10.3 (National Treatment) and Article 11.6.1 (Cross-Border Trade) shall apply to taxation measures on income, on capital gains, on the taxable capital of corporations,or on the value of an investment or property[[9]](#4f64) (but not on the transfer of that investment or property), that relate to the purchase or consumption of particular services, except that nothing in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage that relates to the purchase or consumption of particular services on requirements to provide the service in its territory;
131 |
132 | (b) Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 11.3 (National Treatment), Article 11.4 (Most-Favoured-Nation Treatment), Article 11.6.1 (Cross-Border Trade) and Article 14.4 (Non-Discriminatory Treatment of Digital Products) shall apply to all taxation measures, other than those on income, on capital gains, on the taxable capital of corporations, on the value of an investment or property[[10]](#2c3d) (but not on the transfer of that investment or property),or taxes on estates, inheritances, gifts and generation-skipping transfers; and
133 |
134 | (c) Article 14.4 (Non-Discriminatory Treatment of Digital Products) shall apply to taxation measures on income, on capital gains, on the taxable income of corporations, or on the value of an investment or property (but not on the transfer of that investment or property), that relate to the purchase or consumption of particular digital products, except that nothing in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage relating to the purchase or consumption of particular digital products on requirements to provide the digital product in its territory,
135 |
136 | but nothing in the Articles referred to in subparagraphs (a), (b) and (c) shall apply to:
137 |
138 | (d) any most-favoured-nation obligation with respect to an advantage accorded by a Party pursuant to a tax convention;
139 |
140 | (e) a non-conforming provision of any existing taxation measure;
141 |
142 | (f) the continuation or prompt renewal of a non-conforming provision of any existing taxation measure;
143 |
144 | (g) an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles;
145 |
146 | (h) the adoption or enforcement of any new taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes, including any taxation measure that differentiates between persons based on their place of residence for tax purposes, provided that the taxation measure does not arbitrarily discriminate between persons, goods or services of the Parties;[[11]](#dc5f)
147 |
148 | (i) a provision that conditions the receipt or continued receipt of an advantage relating to the contributions to, or income of, a pension trust, pension plan, superannuation fund or other arrangement to provide pension, superannuation or similar benefits, on a requirement that the Party maintain continuous jurisdiction, regulation or supervision over that trust, plan, fund or other arrangement; or
149 |
150 | (j) any excise duty on insurance premiums to the extent that such tax would, if levied by the other Parties, be covered by subparagraph (e), (f) or (g).
151 |
152 | 7\. Subject to paragraph 3, and without prejudice to the rights and obligations of the Parties under paragraph 5, Article 9.9.2 (Performance Requirements), Article 9.9.3 and Article 9.9.5 shall apply to taxation measures.
153 |
154 | 8\. Article 9.7 (Expropriation and Compensation) shall apply to taxation measures. However, no investor may invoke Article 9.7 (Expropriation and Compensation) as the basis for a claim if it has been determined pursuant to this paragraph that the measure is not an expropriation. An investor that seeks to invoke Article 9.7 (Expropriation and Compensation) with respect to a taxation measure must first refer to the designated authorities of the Party of the investor and the respondent Party, at the time that it gives its notice of intent under Article 9.18 (Submission of a Claim to Arbitration), the issue of whether that taxation measure is not an expropriation. If the designated authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six monthsof the referral, the investor may submit its claim to arbitration under Article 9.18 (Submission of a Claim to Arbitration).
155 |
156 | 9\. Nothing in this Agreement shall prevent Singapore from adopting taxation measures no more trade restrictive than necessary to address Singapore’s public policy objectives arising out of its specific constraints of space.
157 |
158 | #### Article 29.5: Tobacco Control Measures[12]
159 |
160 | A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measure[[13]](#f6ff) of the Party. Such a claim shall not be submitted to arbitration under Section B of Chapter 9 (Investment) if a Party has made such an election. If a Party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under Section B of Chapter 9 (Investment), a Party may elect to deny benefits during the proceedings. For greater certainty, if a Party elects to deny benefits with respect to such claims, any such claim shall be dismissed.
161 |
162 | #### Article 29.6: Treaty of Waitangi
163 |
164 | 1\. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi.
165 |
166 | 2\. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 28 (Dispute Settlement) shall otherwise apply to this Article. A panel established under Article 28.7 (Establishment of a Panel) may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement.
167 |
168 | ## Section B: General Provisions
169 |
170 | #### Article 29.7: Disclosure of Information
171 |
172 | Nothing in this Agreement shall be construed to require a Party to furnish or allow access to information, the disclosure of which would be contrary to its law or 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.
173 |
174 | #### Article 29.8: Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources
175 |
176 | Subject to each Party’s international obligations, each Party may establish appropriate measures to respect, preserve and promote traditional knowledge and traditional cultural expressions.
177 |
178 | [1] For the purposes of Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, _mutatis mutandis_, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase, production or sale of goods, or affecting activities the end result of which is the production of goods.
179 |
180 | [2] This paragraph is without prejudice to whether a digital product should be classified as a good or service.
181 |
182 | [3] For the purposes of Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, _mutatis mutandis_, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services.
183 |
184 | [4] Without prejudice to the general interpretation of Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 11.3 (National Treatment), and Article 11.4 (Most-Favoured-Nation Treatment), the fact that a measure adopted or maintained pursuant to paragraph 1 or 2 differentiates between investors on the basis of residency does not necessarily mean that the measure is inconsistent with Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 11.3 (National Treatment) and Article and Article 11.4 (Most-Favoured-Nation Treatment).
185 |
186 | [5] For greater certainty, measures referred to in paragraph 1 or 2 may be non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives as referred to in Annex 9-B(3)(b) (Expropriation).
187 |
188 | [6] The term “restricted assets” in this subparagraph refers only to assets invested in the territory of the restricting Party by an investor of a Party that are restricted from being transferred out of the territory of the restricting Party.
189 |
190 | [7] For the purposes of this Article, “foreign direct investment” means a type of investment by an investor of a Party in the territory of another Party, through which the investor exercises ownership or control over, or a significant degree of influence on the management of, an enterprise or other direct investment, and tends to be undertaken in order to establish a lasting relationship. For example, ownership of at least 10 per cent of the voting power of an enterprise over a period of at least 12 months generally would be considered foreign direct investment.
191 |
192 | [8] For the purposes of consultations between the designated authorities of the relevant Parties, the contact point of Japan is the Ministry of Finance.
193 |
194 | [9] This is without prejudice to the methodology used to determine the value of such investment or property under Parties’ respective laws.
195 |
196 | [10] This is without prejudice to the methodology used to determine the value of such investment or property under Parties’ respective laws.
197 |
198 | [11] The Parties understand that this subparagraph must be interpreted by reference to the footnote to Article XIV(d) of GATS as if the Article was not restricted to services or direct taxes.
199 |
200 | [12] For greater certainty, this Article does not prejudice: (i) the operation of Article 9.14 (Denial of Benefits); or (ii) a Party’s rights under Chapter 28 (Dispute Settlement) in relation to a tobacco control measure.
201 |
202 | [13] A tobacco control measure means a measure of a Party related to the production or consumption of manufactured tobacco products (including products made or derived from tobacco), their distribution, labeling, packaging, advertising, marketing, promotion, sale, purchase, or use, as well as enforcement measures, such as inspection, recordkeeping, and reporting requirements. For greater certainty, a measure with respect to tobacco leaf that is not in the possession of a manufacturer of tobacco products or that is not part of a manufactured tobacco product is not a tobacco control measure.
203 |
204 | [**_(Proceed to Chapter 30...)_**](ch30.html)
205 |
206 |
--------------------------------------------------------------------------------
