Sargon of Akkad - Carl Benjamin - The Trans-Pacific Partnership - Full Text (Part 2⧸5)

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Nov. 19, 2015 - Sargon of Akkad - Carl Benjamin

04:43:30

The Trans-Pacific Partnership - Full Text (Part 2⧸5)

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	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	6-1.
	Chapter 6.
	Trade Remedies.
	Section A, Safeguard Measures.
	Article 6.1, Definitions.
	For the purposes of this section, 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.
	Serious injury means a significant overall impairment in the position of a domestic industry.
	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.
	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 transitional safeguard measure means a measure described in Article 6.3.2,
	imposition of a transitional safeguard measure.
	Article 6.2, Global Safeguards.
	1.
	Nothing in this agreement affects the rights and obligations of the parties under Article 19 of GATT 1994 and the Safeguards Agreement.
	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 19 of GATT 1994 and the Safeguards Agreement.
	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 of the Safeguards Agreement.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	6-2.
	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 19 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.
	5.
	No party shall apply or maintain two or more of the following measures, with respect to the same good, at the same time.
	A, a transitional safeguard measure under this chapter.
	B.
	A safeguard measure under Article 19 of GATT 1994 and the Safeguards Agreement.
	C.
	A safeguard measure set out in Appendix B to its schedule to Annex 2D, Tariff.
	Elimination, or.
	D.
	An emergency action under Chapter 4.
	Textiles and apparel.
	Article 6.3, imposition of a transitional safeguard measure 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 pursue the this agreement 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 alike or directly competitive good, or.
	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.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 6-3 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.
	Al suspend the further reduction of any rate of customs duty provided for under this agreement on the good, or.
	B increase the rate of customs duty on the good to a level not to exceed the lesser of, I the most favored nation applied rate of customs duty in effect at the time the measure is applied and.
	2 the most favored nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this agreement.
	For third party.
	The parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of transitional safeguard measure.
	Article 6.4 standards for a transitional safeguard measure, 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.
	2 that period, It 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.
	3.
	No party shall maintain a transitional safeguard measure beyond the expiration of the transition period.
	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 liberalize it at regular intervals during the period of application.
	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 2D tariff elimination, as if that party had never applied the transitional safeguard measure.
	6.
	No party shall apply a transitional safeguard measure more than once on the same good.
	Article 6.5, Investigation Procedures and Transparency Requirements.
	Subject to legal review in English, Spanish, and French.
	For accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish, and French versions.
	6-4.
	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 of the Safeguards Agreement.
	To this end, Article 3 and Article 4.2 of the Safeguards Agreement are incorporated into and made part of this agreement, mutatus mutandis.
	2. In the investigation described in paragraph 1, the party shall comply with the requirements of Article 4.2 and Article 4.2 of the Safeguards Agreement.
	To this end, Article 4.2 and Article 4.2 of the Safeguards Agreement are incorporated into and made part of this agreement, mutatis mutandis.
	Article 6.6, notification and consultation.
	1. A party shall promptly notify the other parties, in writing, if it initiates a transitional safeguard investigation under this chapter.
	B. Makes a finding of serious injury, or threat to serious injury, caused by increased imports, as set out in Article 6.3, imposition of a transitional safeguard measure.
	C. Takes a decision to apply or extend a transitional safeguard measure, and D. Takes a decision to modify a transitional safeguard measure previously undertaken.
	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.
	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,
	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.
	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 2D, tariff elimination, are based.
	C.
	A precise description of the transitional safeguard measure.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	6-5.
	D. The date of the transitional safeguard measure S introduction, its expected duration.
	And, if applicable, a timetable for progressive liberalization of the measure, and E. In the case of an extension of the transitional safeguard measure, evidence that the domestic industry concerned is adjusting.
	4.
	On request of a party whose good is subject to a transitional safeguard proceeding under this chapter, the party that conducts the 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.
	Article 6.7 Compensation.
	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 liberalizing 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.
	2.
	If the consultations under paragraph 1 do not result in an agreement on trade liberalizing 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 a party applying the transitional safeguard measure.
	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.
	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.
	Section B, and tie dumping and countervailing duties.
	Article 6.8, and tie dumping and countervailing duties.
	1.
	Each party retains its rights and obligations under Article 6 of GATT 1994, the AD Agreement and the SCM Agreement.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	6-6.
	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 6 of GATT 1994, the AD Agreement or the SCM Agreement.
	3.
	No party shall have recourse to dispute settlement under Chapter 28, Dispute Settlement, for any matter arising under this section or Annex 6 at practices relating to anti-dumping and countervailing duty proceedings.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	6-7.
	Annex 6 at practices relating to anti-dumping and countervailing duty proceedings.
	The parties recognize, in Article 6.8, anti-dumping and countervailing duties, the right of the parties to apply trade remedy measures consistent with Article 6 of GATT 1994, the AD Agreement and the SCM Agreement, the parties recognize the following practices 1 as promoting the goals of transparency and due process in trade remedy proceedings,
	a, upon receipt by a party S investigating authorities of a properly documented anti-dumping 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.
	B, in any proceeding in which the investigating authorities determine to conduct an in-person verification of information that is provided by a respondent to and that is pertinent to the calculation of anti-dumping duty margins or the level of a counavailable subsidy, the investigating authorities promptly notify each respondent of their intent,
	and I provide to each respondent at least ten working days advance notice of the dates on which the authorities intend to conduct an in-person verification of the information to.
	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.
	Three, after an in-person verification is completed and subject to the protection of confidential information.
	Three, 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.
	One, the practices included in this annex do not constitute a comprehensive list of practices relating to anti-dumping and countervailing duty proceedings.
	No inference shall be drawn from the inclusion or exclusion of a particular aspect of such proceedings in this list two.
	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 authorities to respond to an anti-dumping or countervailing duty questionnaire.
	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.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	6-8. Available to all interested parties in sufficient time for the parties to defend their interests.
	C. A party S investigating authorities maintain a public file for each investigation and review that contains I. All non-confidential documents that are part of the record of the investigation or review, and 2. 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 summarization, it may be aggregated by the investigating authority.
	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 authority's normal business hours or electronically available for download for D.
	If, in an anti-dumping 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 anti-dumping 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 the 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.
	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 summarizing 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.
	Four charges for the copies, if any, are limited in amount to the approximate cost of the services rendered.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-1.
	Chapter 7.
	Sanitary and Pythosanitary Measures.
	Article 7.1, Definitions.
	1. The definitions in Annexa of the SPS Agreement are incorporated into this chapter.
	And shall form part of this chapter, Mutatis Mutandis.
	2.
	In addition, for the purposes of this chapter, competent authority means a government body of each party responsible for measures and matters referred to in this chapter.
	Emergency measure means a sanitary or byto-sanitary measure that is applied by an importing party to another party to address an urgent problem of human, animal or plant life.
	Or health protection that arises or threatens to arise in the party applying a measure.
	Import check means an inspection, examination, sampling, review of documentation, test or procedure, including laboratory, organoltic or identity, conducted at the border by an importing party or its representative to determine if a consignment complies one with the sanitary and byto sanitary requirements of the importing party.
	Import program means mandatory sanitary or byto-sanitary policies, procedures or requirements of an importing party that govern the importation of goods.
	Primary representative means the government body of a party that is responsible for the implementation of this chapter and the coordination of that party's participation in committee activities under Article 7.5, Committee on Sanitary and Pytho Sanitary Measures.
	Risk analysis means the process that consists of three components, risk assessment, risk management and risk communication.
	Risk communication means the exchange of information and opinions concerning risk and risk-related factors between risk assessors, risk managers, consumers and other interested parties, and risk management means the weighing of policy alternatives in light of the results of risk assessment and, if required, selecting and implementing appropriate control options, including regulatory measures.
	1. For greater certainty, the parties recognize that import checks are one of many tools available to assess compliance with an importing party's sanitary and byto-sanitary measures.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-2.
	Article 7.2, Objectives.
	The objectives of this chapter are to protect human, animal or plant life or health in the territories of the parties.
	While facilitating and expanding trade by utilizing a variety of means to address and seek to resolve sanitary and byto sanitary issues.
	b reinforce and build on the SPS agreement.
	C. Strengthen communication, consultation and cooperation between the parties, and particularly between the parties' competent authorities and primary representatives.
	D. Ensure that sanitary or byto-sanitary measures implemented by a party do not create unjustified obstacles to trade.
	e. Enhance transparency and and understanding of the application of each party's sanitary and byto sanitary measures, and F. Encourage the development and adoption of international standards, guidelines, and recommendations, and promote their implementation by the parties.
	Article 7.3, Scope.
	1. This chapter shall apply to all sanitary and byto-sanitary measures of a party that may, directly or indirectly, affect trade between the parties.
	2. Nothing in this chapter prevents a party from adopting or maintaining the law.
	Requirements for food and food products in accordance with Islamic law.
	Article 7.4, General Provisions.
	1. The parties affirm their rights and obligations under the SPS Agreement.
	2. Nothing in this agreement shall limit the rights and obligations that each party has.
	Under the SPS Agreement.
	Article 7.5, Committee on Sanitary and Pytosanitary Measures.
	1. For the purposes of the effective implementation and operation of this chapter, the parties hereby establish a Committee on Sanitary and Python Zanitary Measures Committee, composed of government representatives of each party responsible for sanitary and bitozanitary matters.
	2. The objectives of the committee are to subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-3.
	A. Enhance each party's implementation of this chapter.
	B. Consider sanitary and pitosanitary matters of mutual interest, and C. Enhance communication and cooperation on sanitary and pitosanitary matters.
	3. The Committee.
	A, shall provide a forum to improve the parties' understanding of sanitary and Pytosanitary issues that relate to the implementation of the SPS agreement.
	And this chapter.
	B. Shall provide a forum to enhance mutual understanding of each party's sanitary and pitosanitary measures and the regulatory processes that relate the those measures.
	C. Shall exchange information on the implementation of this chapter.
	D. Shall determine the appropriate means, which may include ad hoc working groups, to undertake specific tasks related to the functions of the committee.
	E. May identify and develop technical assistance and cooperation projects between the parties on sanitary and byto-sanitary measures.
	F, may serve as a forum for a party to share information on a sanitary or phytosanitary issue that has arisen between it and another party or parties, provided that the parties between which the issue has arisen have first attempted to address the issue through discussions between themselves,
	and G, may consult on matters and positions for the meetings of the Committee on Sanitary and Pytosanitary Measures Established Urticle 12 of the SPS Agreement, WTOSPS Committee, and meetings held under the auspices of the Codex Salimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention.
	4.
	The Committee shall establish its terms of reference at its first meeting and may revise those terms as needed.
	5.
	The Committee shall meet within one year of the date of entry into force of this agreement and once a year thereafter unless parties agree otherwise.
	Article 7.6, Competent Authorities and Contact Points.
	Each party shall provide the other parties with a written description of the sanitary and pitosanitary responsibilities of its competent authorities and contact points within each subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-4.
	Of these authorities and identify its primary representative within 60 days of the date of entry.
	Into force of this agreement for that party.
	Each party shall keep this information up to date.
	Article 7.7, Adaptation to Regional Conditions, including pest or disease-free areas.
	And areas of low pest or disease prevalence.
	1.
	The parties recognize that adaptation to regional conditions, including regionalization, zoning and compartmentalization, is an important means to facilitate trade.
	2.
	The parties shall take into account the relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
	3.
	The parties may cooperate on the recognition of pest or disease-free areas and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures.
	Followed by each party for the recognition of pest or disease-free areas and areas of low pest or disease prevalence.
	4.
	When an importing party receives a request for a determination of regional conditions from an exporting party and determines that the information provided by the exporting party is sufficient, it shall initiate an assessment within a reasonable period of time.
	5.
	When an importing party commences an assessment of a request for a determination of regional conditions under paragraph 4, that party shall promptly, on request of the exporting party, explain its process for making the determination of regional conditions.
	6.
	On request of the exporting party, the importing party shall inform the exporting party of the status of the assessment of the exporting party's request for a determination of regional conditions.
	7.
	When an importing party adopts a measure that recognizes specific regional conditions of an exporting party, the importing party shall communicate that measure to the exporting party in writing and implement the measure within a reasonable period of time.
	8.
	The importing and exporting parties involved in a particular determination may also decide in advance the risk management measures that will apply to trade between them in the event of a change in the status.
	9.
	The parties involved in a determination recognizing regional conditions are encouraged, if mutually agreed, to report the outcome to the committee.
	10.
	If the evaluation of the evidence provided by the exporting party does not result in a determination to recognize pest or disease-free areas, or areas of low pest and disease prevalence, the importing party shall provide the exporting party with the rationale for its determination.
	11.
	If there is an incident that results in the importing party modifying or evoking the determination recognizing regional conditions, on request of the exporting party, the parties involved shall cooperate to assess whether the determination can be reinstated.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-5.
	Article 7.8, Equivalence.
	1.
	The parties acknowledge that recognition of the equivalence of sanitary and byto-sanitary measures is an important means to facilitate trade.
	Further to Article 4 of the SPS Agreement, the parties shall apply equivalence to a group of measures or on a systems-wide basis, to the extent feasible and appropriate.
	In determining the equivalence of a specific sanitary or byto-sanitary measure, group of measures or on a systems-wide basis, each party shall take into account the relevant guidance of the WTO SPS committee and international standards, guidelines and recommendations.
	2.
	On request of the exporting party, the importing party shall explain the objective and rationale of its sanitary or byto-sanitary measure and clearly identify the risk the sanitary or byto-sanitary measure is intended to address.
	3.
	When an importing party receives a request for an equivalence assessment and determines that the information provided by the exporting party is sufficient, it shall initiate the equivalence assessment within a reasonable period of time.
	4.
	When an importing party commences an equivalence assessment, that party shall promptly, on request of the exporting party, explain its equivalence process and plan for making the equivalence determination and if the determination results in recognition for enabling trade.
	5.
	In determining the equivalence of a sanitary or byto-sanitary measure, an importing party shall take into account available knowledge, information and relevant experience, as well as the regulatory competence of the exporting party.
	6.
	The importing party shall recognize the equivalence of a sanitary or bytosanitary measure if the exporting party objectively demonstrates to the importing party that the exporting party S measure achieves the same level of protection as the importing party S measure or B has the same effect in achieving the objective as the importing party S measure.
	2.
	7.
	When an importing party adopts a measure that recognizes the equivalence of an exporting party S specific sanitary or byto sanitary measure, group of measures or measures.
	On a systems-wide basis, the importing party shall communicate the measure it has adopted to the exporting party in writing and implement the measure within a reasonable period of time.
	8.
	The parties involved in an equivalence determination that results in recognition are encouraged, if mutually agreed, to report the outcome to the committee.
	2.
	No party shall have recourse to dispute settlement under Chapter 28, Dispute Settlement, for this.
	So paragraph.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-6.
	9.
	If an equivalence determination does not result in recognition by the importing party, the importing party shall provide the exporting party with the rationale for its decision.
	Article 7.9, Science and Risk Analysis.
	1.
	The parties recognize the importance of ensuring that their respective sanitary and byto-sanitary measures are based on scientific principles.
	2.
	Each party shall ensure that its sanitary and byto-sanitary measures either conform to the relevant international standards, guidelines or recommendations or, if it's sanitary and byto-sanitary measures do not conform to international standards, guidelines or recommendations, that they are based on documented and objective scientific evidence that is rationally related to the measures,
	while recognizing the parties obligations regarding assessment of risk under Article 5 of the SPS Agreement.
	3.
	3.
	Recognizing the party's rights and obligations under the relevant provisions of the SPS Agreement, nothing in this chapter shall be construed to prevent a party from establishing the level of protection it determines to be appropriate.
	B. Establishing or maintaining an approval procedure that requires a risk analysis to be conducted before the party grants a product access to its market, or c.
	Adopting or maintaining a sanitary or byto sanitary measure on a provisional basis, for each party shall ensure that its sanitary and byto sanitary measures do not arbitrarily or unjustifiably discriminate between parties where identical or similar conditions prevail, including between its own territory and that of other parties and b.
	Conduct its risk analysis in a manner that is documented and that provides interested persons and other parties an opportunity to comment in a manner to be determined by that party for 5.
	Each party shall ensure that each risk assessment it conducts is appropriate to the circumstances of the risk at issue and takes into account reasonably available and relevant scientific data, including qualitative and quantitative information.
	6.
	When conducting its risk analysis, each party shall, 3.
	No party shall have recourse to dispute settlement under Chapter 28, dispute settlement, for this paragraph.
	4.
	For greater certainty, paragraph 4, B, applies only to a risk analysis for a sanitary or bytosanitary measure that constitutes a sanitary or byto sanitary regulation for the purposes of Annex B of the SPS agreement.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-7.
	A. Take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
	B. Consider risk management options that are not more trade-restrictive.
	5 than required, including the facilitation of trade by not taking any measure to achieve the level of protection that the party has determined to be appropriate and c.
	Select a risk management option that is not more trade restrictive than required to achieve the sanitary or byto sanitary objective, taking into account technical and economic feasibility 7.
	If an importing party requires a risk analysis to evaluate a request from an exporting party to authorize importation of a good of that exporting party, the importing party shall provide, on request of the exporting party, an explanation of the information required for the risk assessment.
	On receipt of the required information from the exporting party, the importing party shall endeavor to facilitate the evaluation of the request for authorization by scheduling work on this request in accordance with the procedures policies, resources and laws and regulations of the importing party.
	Eight, on request of the exporting party, the importing party shall inform the exporting party of the progress of a specific risk analysis request and of any delay that may occur during the process 9.
	If the importing party, as a result of a risk analysis, adopts a sanitary or byto sanitary measure that allows trade to commence or resume, the importing party shall implement the measure within a reasonable period of time.
	10 without prejudice to article 7.14 emergency measures no party shall stop the importation of a good of Another party solely for the reason that the importing party is undertaking a review of its sanitary or byto sanitary measure, if the importing party permitted the importation of that good of the other party when the review was initiated.
	Article 7.10, Audit 6.
	1.
	To determine an exporting party's ability to provide required assurances and meet the sanitary and byto sanitary measures of the importing party, each importing party shall have the right, subject to this article, to audit the exporting party's competent authorities and associated or designated inspection systems.
	That audit may include an assessment of the 5.
	For the purposes of paragraphs 6, B, and 6, C, a risk management option is not more trade restrictive than required unless there is another option reasonably available, taking into account technical and economic feasibility that achieves the appropriate level of sanitary or byto-sanitary protection and is significantly less restrictive to trade.
	6.
	For greater certainty, nothing in this article prevents an importing party from performing an inspection of a facility for the purposes of determining if the facility conforms with the importing party's sanitary or byto sanitary requirements or conforms with sanitary or byto sanitary requirements that the importing party has determined to be equivalent to its sanitary or bytozanitary requirements.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-8.
	Competent authorities control programs, including, if appropriate, reviews of the inspection and audit programs, and on-site inspections of facilities.
	2.
	An audit shall be systems-based and designed to check the effectiveness of the regulatory controls of the competent authorities of the exporting party.
	3.
	In undertaking an audit, a party shall take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
	4.
	Prior to the commencement of an audit, the importing party and exporting party involved shall discuss the rationale and decide the objectives and scope of the audit, the criteria or requirements against which the exporting party will be assessed, and the itinerary and procedures for conducting the audit.
	5.
	The auditing party shall provide the audited party the opportunity to comment on the findings of the audit and take any such comments into account before the auditing party makes its conclusions and takes any action.
	The auditing party shall provide a report setting out its conclusions in writing to the audited party within a reasonable period of time.
	6.
	A decision or action taken by the auditing party as a result of the audit shall be supported by objective evidence and data that can be verified, taking into account the auditing party's knowledge of, relevant experience with, and confidence in, the audited party.
	This objective evidence and data shall be provided to the audited party on request.
	7.
	The costs incurred by the auditing party shall be borne by the auditing party, unless both parties decide otherwise.
	8.
	The auditing party and audited party shall each ensure that procedures are in place to prevent the disclosure of confidential information that is acquired during the audit process.
	Article 7.11.
	Import Checks.
	1.
	Each party shall ensure that its import programs are based on the risks associated.
	With importations, and the import checks are carried out without undue delay.7.
	2.
	A party shall make available to another party, on request, information on its import procedures and its basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importations.
	3.
	A party may amend the frequency of its import checks as a result of experience gained through import checks or as a result of actions or discussions provided for in this chapter.
	7.
	For greater certainty, nothing in this article prohibits a party from performing import checks to obtain information to assess risk or to determine the need for, develop or periodically review a risk-based import program.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-9.
	4.
	An importing party shall provide to another party, on request, information regarding the analytical methods, quality controls, sampling procedures and facilities that the importing party uses to test a good.
	The importing party shall ensure that any testing is conducted using appropriate and validated methods in a facility that operates under a quality assurance program that is consistent with international laboratory standards.
	The importing party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample.
	5.
	An importing party shall ensure that its final decision in response to a finding of non-conformity with the importing party S sanitary or by those anatomy measure is limited to what is reasonable and necessary and is rationally related to the available science.
	6.
	If an importing party prohibits or restricts the importation of a good of another party on the basis of an adverse result of an import check, the importing party shall provide a notification about the adverse result to at least one of the following, the importer or its agent, the exporter, the manufacturer, or the exporting party.
	7. When the importing party provides a notification pursuant to paragraph 6, it shall include i.
	The reason for the prohibition or restriction, 2.
	The legal basis or authorization for the action, and 3. Information on the status of the affected goods and, if appropriate, on their disposition.
	b. Do so in a manner consistent with its laws, regulations, and requirements as soon as possible and no later than 7 days 8 after the date of the decision to prohibit or restrict, unless the good is seized by a customs administration, and c.
	If the notification has not already been provided through another channel, transmit the notification by electronic means, if practicable.
	8. An importing party that prohibits or restricts the importation of a good of another party on the basis of an adverse result of an import check shall provide an opportunity for a review of the decision and consider any relevant information submitted to assist in the review.
	The review request and information should be submitted to the importing party within a reasonable period of time.9.
	8 For the purposes of this paragraph, The term days does not include national holidays of the importing party.
	9. For greater certainty, nothing in this article prevents an importing party from disposing of goods which are found to have an infectious pathogen or pest that, if urgent action is not taken, can spread and cause damage to human, animal or plant life or health in the party's territory.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-10.
	9. If an importing party determines that there is a significant, sustained or occurring pattern of non-conformity with the sanitary or byto-sanitary measure, the importing party shall notify the exporting party of the non-conformity.
	10. On request, an importing party shall provide to the exporting party available information on goods from the exporting party that were found not to conform to unsanitary or byto-sanitary measure of the importing party.
	Article 7.12, Certification.
	1. The parties recognize that assurances with respect to sanitary or byto-sanitary requirements may be provided through means other than certificates and that different systems may be capable of meeting the same sanitary or bytozanitary objective.
	2.
	If an importing party requires certification for trade in a good, the party shall ensure that the certification requirement is applied, in meeting the party's sanitary or byto sanitary objectives, only to the extent necessary to protect human, animal or plant life or health.
	3. In applying certification requirements, an importing party shall take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
	4.
	An importing party shall limit attestations and information it requires on the certificate to essential information that is related to the sanitary or byto sanitary objectives of the importing party.
	5.
	An importing party should provide to another party, on request, the rationale for any attestations or information that the importing party requires to be included on a certificate.
	6.
	The parties may agree to work cooperatively to develop model certificates to accompany specific goods traded between the parties, taking into account relevant guidance of the WTO SPS committee and international standards, guidelines and recommendations.
	7.
	The parties shall promote the implementation of electronic certification and other technologies to facilitate trade.
	Article 7.13, Transparency 10.
	1. The parties recognize the value of sharing information about their sanitary and bito-sanitary measures on an ongoing basis and of providing interested persons and other parties with the opportunity to comment on their proposed sanitary and byto-sanitary measures.
	10.
	For greater certainty, this article applies only to a sanitary or byto-sanitary measure that constitutes a sanitary or bito-sanitary regulation for the purposes of Annex B of the SPS agreement.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-11.
	2.
	In implementing this article, each party shall take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.
	3.
	A party shall notify a proposed sanitary or byto-sanitary measure that may have an effect on the trade of another party, including any that conforms to international standards, guidelines or recommendations, by using the WTO SPS notification submission system as a means of notifying the other parties.
	4.
	Unless urgent problems of human, animal or plant life or health protection arise or threaten to arise, or the measure is of a trade facilitating nature, a party shall normally allow at least 60 days for interested persons and other parties to provide written comments on the proposed measure after it makes the notification under paragraph 3.
	If feasible and appropriate, the party should allow more than 60 days.
	The party shall consider any reasonable request from an interested person or another party to extend the comment period.
	On request of another party, the party shall respond to the written comments of the other party in an appropriate manner.
	5.
	The party shall make available to the public, by electronic means in an official journal or on a website, the proposed sanitary or byto-sanitary measure notified under paragraph 3, the legal basis for the measure, and the written comments or a summary of the written comments that the party has received from the public on the measure.
	6.
	If a party proposes a sanitary or byto sanitary measure which does not conform to an international standard, guideline or recommendation, the party shall provide to another party, on request, and to the extent permitted by the confidentiality and privacy requirements of the party S law, the relevant documentation that the party considered in developing the proposed measure,
	including documented and objective scientific evidence that is rationally related to the measure, such as risk assessments, relevant studies and expert opinions.
	7.
	A party that proposes to adopt a sanitary or byto-sanitary measure shall discuss with another party, on request and if appropriate and feasible, any scientific or trade concerns that the other party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the objective of the measure.
	8. Each party shall publish, preferably by electronic means, notices of final sanitary or byto-sanitary measures in an official journal or website.
	9. Each party shall notify the other parties of final sanitary or byto-sanitary measures.
	Through the WTOSPS notification submission system.
	Each party shall ensure that the text or the notice of a final sanitary or byto sanitary measure specifies the date on which the measure takes effect and the legal basis for the measure.
	A party shall also make available to another party on request and to the extent permitted by the confidentiality and privacy requirements of the party S law significant written comments and relevant documentation considered to support the measure that were received during the comment period.
	10. If a final sanitary or byto sanitary measure is substantively altered from the proposed measure, a party shall also include in the notice of the final sanitary or byto sanitary measure that it publishes an explanation of subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-12.
	A. The objective and rationale of the measure and how the measure advances that.
	Objective and rationale and b any substantive revisions that it made to the proposed measure.
	11. An exporting party shall notify the importing party through the contact points referred to in Article 7.6, competent authorities and contact points in a timely and appropriate manner.
	A. If it has knowledge of a significant sanitary or byto sanitary risk related to the export of a good from its territory.
	B. Of urgent situations where a change in animal or plant health status in the territory of the exporting party may affect current trade c.
	Of significant changes in the status of a regionalized pest or disease d.
	Of new scientific findings of importance which affect the regulatory response with respect to food safety, pests or diseases and e.
	Of significant changes in food safety, pest or disease management, control or eradication policies or practices that may affect current trade 12.
	If feasible and appropriate, a party should provide an interval of more than six months between the date it publishes a final sanitary or byto sanitary measure and the date on which the measure takes effect, unless the measure is intended to address an urgent problem of human, animal or plant life or health protection, or the measure is of a trade facilitating nature 13.
	A party shall provide to another party, on request, all sanitary or byto sanitary measures related to the importation of a good internet party's territory.
	Article 7.14 emergency measures, 1.
	If a party adopts an emergency measure that is necessary for the protection of human, animal or plant life or health, the party shall promptly notify the other parties of that measure through the primary representative and the relevant contact point referred to in Article 7.6.
	Competent authorities and contact points.
	The party that adopts the emergency measure shall take into consideration any information provided by other parties in response to the notification.
	2. If a party adopts an emergency measure, it shall review the scientific basis of that measure within six months and make available the results of the review to any party on request.
	If the emergency measure is maintained after the review, because the reason for its adoption remains, the party should review the measure periodically.
	Article 7.15, cooperation.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-13.
	1. The parties shall explore opportunities for further cooperation, collaboration and information exchange between the parties on sanitary and bito-sanitary matters of mutual interest, consistent with this chapter.
	Those opportunities may include trade facilitation initiatives and technical assistance.
	The parties shall cooperate to facilitate the implementation of this chapter.
	2. The parties shall cooperate and may jointly identify work on sanitary and bito-sanitary matters with the goal of eliminating unnecessary obstacles to trade between the parties.
	Article 7.16, Information Exchange.
	A party may request information from another party on a matter arising under this chapter.
	A party that receives a request for information shall endeavor to provide available information to the requesting party within a reasonable period of time, and if possible, by electronic means.
	Article 7.17, Cooperative Technical Consultations.
	1. If a party has concerns regarding any matter arising under this chapter with another party, it shall endeavor to resolve the matter by using the administrative procedures that the other party's competent authority has available.
	If the relevant parties have bilateral or other mechanisms available to address the matter, the party raising the matter shall endeavor to resolve the matter through those mechanisms, if it considers that it is appropriate to do so.
	A party may have recourse to the cooperative technical consultations, CTC, set out in paragraph 2 at any time it considers that the continued use of the administrative procedures or bilateral or other mechanisms would not resolve the matter.
	2.
	One or more parties, requesting party, may initiate CTC with another party.
	Responding party, to discuss any matter arising under this chapter that the requesting party considers may adversely affect its trade by delivering a request to the primary representative of the responding party.
	The request shall be in writing and identify the reason for the request, including a description of the requesting party's concerns about the matter, and set out the provisions of this chapter that relate to the matter.
	3.
	Unless the requesting party and the responding party, the consulting parties, agree.
	Otherwise, the responding party shall acknowledge the request in writing within seven days of the date of its receipt.
	4.
	Unless the consulting parties agree otherwise, the consulting parties shall meet within 30 days of the responding party as acknowledgement of the request to discuss the matter.
	Identified in the request, with the aim of resolving the matter within 180 days of the request if possible.
	The meeting shall be in person or by electronic means.
	5.
	The consulting parties shall ensure the appropriate involvement of relevant trade and regulatory agencies in meetings held pursuant to this article.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7-14.
	6.
	All communications between the consulting parties in the course of CTC, as well as all documents generated for CTC, shall be kept confidential unless the consulting parties.
	Agree otherwise and without prejudice to the rights and obligations of any party under this agreement, the WTO agreement or any other international agreement to which it is a party.
	7.
	The requesting party may cease CTC proceedings under this article and have recourse to dispute settlement under chapter 28, dispute settlement, if the meeting referred to in paragraph 4 does not take place within 37 days of the date of the request,
	or such other time frame as the consulting parties may agree under paragraphs 3 and 4, or b the meeting referred to in paragraph 4 has been held.
	8.
	No party shall have recourse to dispute settlement under chapter 28, dispute settlement, for a matter arising under this chapter without first seeking to resolve the matter.
	Through CTC in accordance with this article.
	Article 7.18, dispute settlement.
	1.
	Unless otherwise provided in this chapter, chapter 28, dispute settlement shall apply to this chapter, subject to the following, a, with respect to article 7.8, equivalence, article 7.10,
	audits, and article 7.11, import checks, chapter 28, dispute settlement shall apply with respect to a responding party as of one year after the date of entry into force of this agreement for that party,
	and b with respect to article 7.9, science and risk analysis, chapter 28 dispute settlement, shall apply with respect to a responding party as of two years after the date of entry into force of this agreement for that party.
	2.
	In a dispute under this chapter that involves scientific or technical issues, a panel should seek advice from experts chosen by the panel in consultation with the parties involved in that dispute.
	To this end, the panel may, if it deems appropriate, establish an advisory technical experts group, or consult the relevant international standard setting organizations, at the request of either party to the dispute or on its own initiative.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	Chapter 8.
	Technical Barriers to Trade.
	Article 8.1, Definitions.
	1.
	For the purposes of this chapter, the definitions of the terms used in this chapter contained in Annex 1 of the TBT Agreement, including the CHAPI and explanatory notes of Annex I, are incorporated into this chapter and shall form part of this chapter Mutatis Mutandis.
	Consular transactions means requirements that products of a party intended for export the territory of another party must first be submitted to the supervision of the consul of the importing party in the territory of the exporting party for the purpose of obtaining consular invoices or consular visas for conformity assessment documentation.
	Marketing authorization means the process or processes by which a party approves or registers a product in order to authorize its marketing, distribution or sale in the party's territory.
	The process or processes may be described in a party's domestic law or regulations in various ways, including marketing authorization, authorization, approval, registration, sanitary authorization, sanitary registration and sanitary approval for a product.
	Marketing authorization does not include notification procedures.
	Mutual recognition agreement means a binding government to government agreement.
	For recognition of the results of conformity assessment conducted against the appropriate technical regulations or standards in one or more sectors, including government.
	Government agreements to implement the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment and the Electrical AND. Electronic Equipment Mutual Recognition Arrangement and other agreements that may be entitled mutual recognition arrangements but nonetheless provide for the recognition of conformity assessment conducted against appropriate technical regulations or standards in one or more sectors.
	Mutual recognition arrangement means an international or regional arrangement.
	Including a multilateral recognition arrangement between accreditation bodies.
	Recognizing the equivalence of accreditation systems based on peer review or between conformity assessment bodies recognizing the results of conformity assessment.
	Post market surveillance means procedures taken by a party after a product has been placed on its market to enable the party to monitor or address compliance with the party's domestic requirements for products, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	2.
	DBT agreement means the WTO agreement on technical barriers to trade, and verify means action to confirm the veracity of individual conformity assessment results,
	Such as requesting information from the conformity assessment body or the body that accredited, approved, licensed or otherwise recognized the conformity assessment body, but does not include requirements that subject a product to conformity assessment in the territory of the importing party that duplicate the conformity assessment procedures already conducted with respect to the product in the territory of the exporting party or a third party.
	except on a random or infrequent basis for the purpose of surveillance or in response to information indicating non-compliance.
	Article 8.2, Objective.
	The objective of this chapter, including its annexes, is to facilitate trade, including by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practice.
	Article 8.3, Scope.
	1.
	This chapter applies to the preparation, adoption and application of all technical regulations, standards and conformity assessment procedures of central government bodies, and, where explicitly provided for technical regulations, standards and conformity.
	Assessment procedures of governments on the level directly below that of the central government, that may affect trading goods between the parties, except as provided in paragraphs 3 and 4.
	1 bis.
	Each party shall take such reasonable measures within its authority to encourage observance by local government bodies on the level directly below that of the central government within its territory which are responsible for the preparation,
	adoption and application of technical regulations, standards and conformity assessment procedures with Articles 8.5, International Standards, Guides and Recommendations, 8.6, Conformity Assessment Procedures, 8.7, Compliance Period for Technical Regulations and Conformity Assessment Procedures, and each of the annexes to this chapter.
	2.
	All references in this chapter to technical regulations, standards and conformity assessment procedures shall be construed to include any amendments thereto and any addition to the rules or the product coverage thereof, except amendments and additions of an insignificant nature.
	3.
	This chapter does not apply to technical specifications prepared by governmental entities for production or consumption requirements of such entities but such specifications are covered by chapter 15, government procurement.
	4.
	This chapter does not apply to sanitary and bytosanatory measures but such measures are covered by chapter 7, sanitary and pitosanitary measures.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3.
	5.
	For greater certainty, nothing in this chapter shall prevent a party from adopting or maintaining technical regulations or standards in accordance with its rights and obligations under this agreement, the TBT agreement and any other relevant international obligations.
	Article 8.4, Incorporation of Certain Provisions of the TBT Agreement.
	1.
	The following provisions of the TBT agreement are hereby incorporated into and made part of this agreement, mutatis mutandis, a, articles 2.1, 2.2, 2.4, 2.5, 2.9, 2.10, 2.11, 2.12.
	b articles 5.1, 5.2, 5.3, 5.4, 5.6, 5.7, 5.8, 5.9, and c.
	Paragraphs D, E, and F of Annex III.
	2.
	No party shall have recourse to dispute settlement under Chapter 28, Dispute Settlement, for a dispute that exclusively alleges violation of the provisions of the TBT Agreement incorporated into paragraph 1 of this article.
	Article 8.5, International Standards, Guides and Recommendations.
	1.
	The parties acknowledge the important role that international standards, guides, and recommendations can play in supporting greater regulatory alignment, good regulatory practice and reducing unnecessary barriers to trade.
	2.
	In this respect, and further to Articles 2.4 and 5.4 and Annex 3 of the TBT Agreement, in determining whether an international standard, guide or recommendation, within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists each party shall apply the decision of the TBT Committee on Principles for the Development of International Standards,
	Guides and Recommendations with Relation to Articles 2, 5 and Annex 3 of the TBT Agreement, G slash TBT slash 1 slash Rev.10, issued by the WTO Committee on Technical Barriers to Trade.
	3.
	The parties shall cooperate with each other, where feasible and appropriate, to ensure that international standards, guides and recommendations that are likely to become a basis for technical regulations and conformity assessment procedures do not create unnecessary obstacles to international trade.
	Article 8.6, Conformity Assessment.
	1.
	Further to Article 6.4 of the TBT Agreement, each party shall accord the conformity assessment bodies located in the territory of another party treatment no less.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4.
	Favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of any other party.
	In order to ensure that it accords such treatment, each party shall apply to conformity assessment bodies located in the territory of another party the same or equivalent procedures, criteria and other conditions that it may apply where it accredits, approves, licenses or otherwise recognizes conformity assessment bodies in its own territory.
	2.
	Paragraphs 1 and 4 shall not preclude a party from undertaking solely within specified government bodies located in its own territory or in another party's territory, conformity assessment in relation to specific products, subject to its obligations under the TBT agreement.
	3.
	Where a party undertakes conformity assessment pursuant to paragraph 2, and.
	Further to Article 5.2 and Article 5.4 of the TBT Agreement concerning limitation on information requirements, the protection of legitimate commercial interests and the adequacy of review procedures, the party shall, upon the request of another party explain, A, how the information required is necessary to assess conformity and determine fees.
	B. How the party ensures that the confidentiality of the information is respected in a manner that ensures legitimate commercial interests are protected, and C.
	The procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrected action when a complaint is justified.
	4.
	Further to Article 6.4 of the TBT Agreement, where a party maintains procedures, criteria and other conditions as set out in paragraph 1 and requires test results, certifications, and or inspections as positive assurance that a product conforms to a standard or technical regulation.
	It shall not require the conformity assessment body testing or certifying the product, or the conformity assessment body conducting an inspection, to be located within its territory.
	B. Shall not impose requirements on conformity assessment bodies located outside its territory that would effectively require such conformity assessment bodies to operate an office in that party's territory, and C.
	Shall permit conformity assessment bodies in other parties' territories to apply to the party for a determination that they comply with any procedures, criteria and other conditions the party requires to deem them competent or otherwise approve them to test or certify the product or conduct an inspection.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5.
	5.
	Paragraphs 1 and 4, C, shall not preclude a party from using mutual recognition.
	Agreements to accredit, approve, license or otherwise recognize conformity assessment.
	Bodies located outside its territory, subject to its obligations under the TBT agreement.
	6.
	Nothing in paragraphs 1, 4 and 5 precludes a party from verifying the results of conformity assessment procedures undertaken by conformity assessment bodies located outside its territory.
	7.
	Further to paragraph 6, in order to enhance confidence in the continued reliability of conformity assessment results from each other's territories, the parties may request information on matters pertaining to conformity assessment bodies located outside its territory.
	8.
	Further to Article 9.1 of the TBT Agreement, a party shall consider adopting provisions to approve conformity assessment bodies that hold accreditation for the technical regulations or standards of the importing party with an accreditation body that is a signatory to an international or regional mutual recognition arrangement.1.
	Parties recognize that such arrangements can address the key considerations in approving conformity assessment bodies, including technical competence, independence and the avoidance of conflicts of interest.
	9. Further to Article 9.2 of the TBT Agreement, a party shall not refuse to accept or take actions which have the effect of directly or indirectly,
	requiring or encouraging the refusal of acceptance by other parties or persons of conformity assessment results from a conformity assessment body because the accreditation body that accredited the conformity assessment body operates in the territory of a party where where there is more than one accreditation body.
	B is a non-governmental body c.
	Is demissiled in the territory of a party that does not maintain a procedure for recognizing accreditation bodies to d.
	Does not operate an office in the party's territory or.
	E is a for-profit entity.
	10, for greater clarity, nothing in paragraph 9 prohibits a party from refusing to accept conformity assessment results from a conformity assessment body where it can, 1.
	The committee on technical barriers to trade shall be responsible for developing and maintaining a list of such arrangements 2.
	Provided that the accreditation body is recognized internationally, consistent with the provisions in paragraph 8.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 6 substantiate such refusal, provided that such actions are not inconsistent with the Tbt agreement.
	In this chapter 11, a party shall publish, preferably by electronic means, any procedures, criteria and other conditions that it may use as the basis for determining whether conformity assessment bodies are competent to receive accreditation approval, licensing or other recognition, including where such recognition is granted pursuant to mutual recognition agreements.
	12, where a party accredits approves, licenses or otherwise recognizes bodies assessing conformity to a particular technical regulation or standard in its territory and refuses to accredit approve, license or otherwise recognize a body assessing conformity with the technical regulation or standard in the territory of another party, or declines to use a mutual recognition arrangement, it shall,
	on request of the other party, explain the reasons for its refusal.
	13, where our party does not accept the results of a conformity assessment procedure conducted in the territory of another party, it shall, on the request of the other party, explain the reasons for its decision.
	14.
	Further to Article 6.3 of the TBT Agreement, where a party declines a request of another party to enter into negotiations for the conclusion of an agreement for mutual recognition of results of each other as conformity assessment procedures, it shall on the request of that other party, explain the reasons for its decision.
	15.
	Further to Article 5.2.5 of the TBT Agreement, any conformity assessment fees imposed by a party shall be limited in amount to the approximate cost of services rendered.
	16.
	No party shall require consular transactions, including related fees and charges, in connection with conformity assessment 3.
	Article 8.7 Transparency.
	1.
	Each party shall allow persons of the other parties to participate in the development of technical regulations, standards and conformity assessment procedures by its central government bodies.
	4.
	Each party shall allow persons of the other parties to participate in the development of these measures on terms no less favorable than those it accords to its own persons.
	3.
	For greater certainty, this paragraph shall not apply to a party verifying conformity assessment documents during a marketing authorization or reauthorization process.
	4.
	A party satisfies this obligation by, for example, providing interested persons a reasonable opportunity to provide comments on the measure it proposes to develop and taking those comments into account in the development of the measure.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	7.
	2.
	Each party is encouraged to consider methods to provide additional transparency.
	In the development of technical regulations, standards and conformity assessment procedures, including through the use of electronic tools and public outreach or consultations.
	3.
	Where appropriate each party shall encourage non-governmental bodies in its territory to observe the requirements in paragraphs 1 and 2.
	4.
	Each party shall publish all proposals for new technical regulations and conformity assessment procedures and proposals for amendments to existing technical regulations and conformity assessment procedures and all final technical regulations and conformity assessment procedures and final amendments to existing technical regulations and conformity assessment procedures of central government bodies.
	4BIS.
	For greater certainty, proposals for technical regulations and conformity assessment procedures may take the form as determined by the party of, but are not limited to, policy proposals, discussion documents, summaries of proposed technical regulations and conformity assessment procedures, or the draft text of proposed technical regulations and conformity assessment procedures.
	Each party shall ensure such proposals contain sufficient detail about the likely content of the proposed technical regulations and conformity assessment procedures so as to adequately inform interested persons and other parties about whether and how their trade interests might be affected.
	4.
	Each party shall publish, preferably by electronic means, in a single official journal or website all proposals for new technical regulations and conformity assessment procedures and proposals for amendments to existing technical regulations and conformity assessment procedures,
	and all new final technical regulations and conformity assessment procedures and final amendments to existing technical regulations and conformity assessment procedures.
	assessment procedures of central government bodies that a party is required to notify or publish under the TBT agreement or this chapter and that may have a significant effect on trade.5.
	Each party shall take such reasonable measures as may be available to it to ensure that all proposals for new technical regulations and conformity assessment procedures and proposals for amendments to existing technical regulations and conformity assessment procedures, and all final technical regulations and conformity assessment procedures and final amendments to existing technical regulations and conformity Assessment Procedures.
	of local governments on the level directly below that of the central government are published.
	5.
	For greater certainty, a party may comply with this obligation by ensuring that all proposals for new technical regulations and conformity assessment procedures and proposals for amendments to existing technical regulations and conformity assessment procedures, and all new final technical regulations and conformity assessment procedures and final amendments to existing technical regulations and conformity assessment procedures that are
	a party is required to notify or publish under the TBT agreement or this chapter and that may have a significant effect on trade, are published on or otherwise accessible through the WTOS official website, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	8, 5 bis.
	Each party shall ensure that all final technical regulations and conformity assessment procedures and final amendments to existing technical regulations and conformity assessment procedures,
	and to the extent practicable all proposals for new technical regulations and conformity assessment procedures and proposals for amendments to existing technical regulations and conformity assessment procedures of local governments on the level directly below that of the central government, are accessible through official websites or journals,
	preferably consolidated into a single website. 6. Each party shall notify WTO members according to the procedures established under Article 2.9 and Article 5.6 of the TBT Agreement of proposals for new technical Regulations and conformity assessment procedures that are in accordance with the technical content of relevant international standards,
	guides or recommendations, if any, and that may have a significant effect on trade. 6. Bis. Notwithstanding paragraph 6, where urgent problems of safety, health,
	environmental protection or national security arise or threaten to arise for a party, that party may notify WTO members of a new technical regulation or conformity assessment. Procedure that is in accordance with the technical content of relevant international standards,
	Guides or recommendations, if any, upon the adoption of the regulation or procedure according to the procedures established under Article 2.10 or Article 5.7 of the TBT Agreement.
	7.
	Each party shall endeavor to notify WTO members of proposals for new technical regulations and conformity assessment procedures that are in accordance with the technical content of relevant international standards, guides and recommendations, if any, and that may have a significant effect on trade of its local governments on the level directly below that of the central government.
	8.
	For the purposes of determining whether a proposed technical regulation or conformity assessment procedure may have a significant effect on trade of other members and should be notified pursuant to Article 2.9,
	Article 2.10, Article 3.2, Article 5.6, Article 5.7 or Article 7.2 of the TBT Agreement or this chapter, a party shall consider, inter alia,
	the relevant decisions and recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995. G slash TBT slash 1 slash Rev. 10. 9. Any party publishing a notice and filing a notification in accordance with Article 2.9,
	Article 3.2, Article 5.6 or Article 7.2 of the TBT Agreement or this chapter, shall include in the notification an explanation of the objectives of the proposal and how it will address those objectives and b.
	Transmit the notification and the proposal electronically to the other parties through their inquiry points established in accordance with article 10 of the Tbt agreement, at the same time as it notifies WTO members.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	9 10.
	Each party shall normally allow 60 days after it transmits a proposal under paragraph 9 for another party or an interested person of another party to provide comments in writing on the proposal.
	A party shall consider any reasonable request from another party or an interested person of another party for extending the comment period.
	A party that is able to provide a time limit beyond 60 days, such as 90 days, is encouraged to do so 11.
	Each party is encouraged to provide sufficient time between the end of the comment period and the adoption of the notified technical regulation or conformity assessment procedure for its consideration of and preparation of responses to the comments received.
	12.
	Each party shall endeavor to notify WTO members of the final text of a technical regulation or conformity assessment procedure at the time the text is adopted or published as an addendum to the original notification of the proposed measure filed under Article 2.9, Article 3.2, Article 5.6 or Article 7.2 of the TBT Agreement or this chapter.
	13.
	A party filing a notification in accordance with Articles 2.10 or 5.7 of the TBT Agreement in this chapter shall, at the same time, transmit the notification and text of the technical regulation or conformity assessment procedure electronically to the other parties through the inquiry points referenced in paragraph 9 above 14.
	No later than the date of publication of a final technical regulation or conformity assessment procedures that may have a significant effect on trade, each party shall, preferably by electronic means 6.
	A. Make publicly available an explanation of the objectives and how the final technical regulation or conformity assessment procedure achieves them b.
	Provide as soon as possible, but no later than 60 days after receiving a request from another party, a description of alternative approaches that the party considered in developing the final technical regulation or conformity assessment procedure, if any, and the merits of the approach that the party selected c.
	Make publicly available the party's responses to significant or substantive issues presented, Entering comments received on the proposal for the technical regulation or conformity assessment procedure.
	And D. Provide as soon as possible, but no later than 60 days after receiving a request from another party,
	a description of significant revisions, if any, 6 for greater certainty, no party shall be required to provide a description of alternative approaches or significant revisions under the paragraphs B or D prior to the date of publication of the final technical regulation or conformity assessment procedure subject to legal review in English,
	Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 10. That the party made to the proposal for the technical regulation or conformity assessment procedure, Including those made in response to comments.
	15.
	Further to Annex 3, J, of the TBT agreement, each party shall ensure that the publication of its central government standardizing body S work program containing the standards it is currently preparing and the standards it has adopted is available through the central government standardizing body S website or the website referenced in paragraph 4 of this article.
	Article 8.8, compliance period for technical regulations and conformity assessment procedures, 1.
	For the purposes of applying Article 2.12 and Article 5.9 of the TBT agreement, The term reasonable interval means normally a period of not less than six months, except when this would be ineffective in fulfilling the legitimate objectives pursued.
	2.
	When feasible and appropriate, each party shall endeavor to provide an interval of more than 6 months between the publication of final technical regulations and conformity assessment procedures and their entry into force.
	3.
	Further to paragraphs 1 and 2 and for greater clarity, in setting a reasonable interval for a specific technical regulation or conformity assessment procedure,
	each party shall ensure that it provides suppliers with a reasonable amount of time under the circumstances, to be able to demonstrate the conformity of their goods with the relevant requirements of the technical regulation or standard by the date of entry into force of the technical regulation or conformity assessment procedure.
	In doing so each party shall endeavor to take into account the resources available to suppliers. Article 8.9, Cooperation and Trade Facilitation. 1. Further to Article 5, Article 6 and Article 9 of the TBT Agreement, the parties recognize that a broad range of mechanisms exist to facilitate the acceptance of conformity assessment results. In this regard,
	A party may implement mutual recognition of the results of conformity assessment.
	Procedures performed by bodies located in each other as territory, with respect to specific technical regulations.
	B. Recognize existing regional and international mutual recognition arrangements between or among accreditation bodies or conformity assessment bodies.
	C. Use accreditation to qualify conformity assessment bodies, particularly international systems of accreditation, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions. 11. D. Designate conformity assessment bodies or recognize the other party's designation of conformity assessment bodies. E. Unilaterally recognize the results of conformity assessment procedures. Performed in the other party's territory,
	and F. Accept a supplier's declaration of conformity. 2. The parties recognize that a wide range of mechanisms exist to support greater regulatory alignment and to eliminate unnecessary technical barriers to trade in the region,
	including a regulatory dialogue and cooperation to inter alia. I. Exchange information on regulatory approaches and practices. 2. Promote the use of good regulatory practices to improve the efficiency and effectiveness of technical regulations,
	standards and conformity assessment procedures. 3. Provide technical advice and assistance, on mutually agreed terms and conditions, to improve practices related to the development, implementation and review of technical regulations, standards, conformity assessment procedures and metrology, or 4. Provide technical assistance and cooperation, on mutually agreed terms and conditions,
	To build capacity and support the implementation of this chapter.
	B greater alignment of national standards with relevant international standards, except where inappropriate or ineffective.
	C facilitation of the greater use of relevant international standards, guides and recommendations as the basis for technical regulations and conformity assessment procedures and.
	D promotion of the acceptance as equivalent technical regulations of another party 3.
	With respect to the mechanisms listed in paragraphs 1 and 2, the parties recognize that the choice of the appropriate mechanism in a given regulatory context will depend on a variety of factors, such as the product and sector involved, the volume and direction of trade, the relationship between parties, respective regulators, the legitimate objectives pursued and the risks of non-fulfillment of those objectives.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	12 4.
	The parties shall intensify their exchange and collaboration on mechanisms to facilitate the acceptance of conformity assessment results, to support greater regulatory alignment and to eliminate unnecessary technical barriers to trade in the region 5.
	A party shall, Upon request of another party, give due consideration to any sector.
	Specific proposal for cooperation under this chapter.
	6.
	Further to Article 2.7 of the TBT Agreement, a party shall, upon the request of another party, explain the reasons why it has not accepted a technical regulation of that party as equivalent. 7. The parties shall encourage cooperation between their respective organizations. Responsible for standardization,
	conformity assessment, accreditation and metrology, whether they be public or private, with a view to addressing issues covered by this chapter. Article 8.10, Information Exchange and Technical Discussions. 1. A party may request another party to provide information on any matter arising. Under this chapter, a party so requested shall provide such information within a reasonable period of time,
	and where possible, by electronic means. 2. A party may request technical discussions with another party with the aim of resolving any matter arising under this chapter. 2. Bis. With respect to technical regulations or conformity assessment procedures of local governments on the level directly below that of the central government that may have a significant effect on trade,
	a party may request technical discussions with another party regarding such matters. 3. The relevant parties shall discuss the matter raised within 60 days of the request. If a requesting party believes that the matter is urgent,
	it may request that any discussions take place within a shorter time frame. In such cases, the responding party shall give positive consideration to such a request. 4. The parties shall endeavor to resolve the matter as expeditiously as possible,
	recognizing that the time required to resolve a matter will depend on a variety of factors, and that it may not be possible to resolve every matter through technical discussions. 5. Unless the parties participating in the technical discussions otherwise agree the discussions and any information exchanged in the course of the discussions,
	shall be confidential and without prejudice to the rights and obligations of the participating parties. Under this agreement, the WTO agreement, or any other agreement to which both parties are a party. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13. 6. Requests for information or technical discussions and communications shall be conveyed through the respective chapter coordinators. Article 8.11,
	Committee on Technical Barriers to Trade. 1. The parties hereby establish the Committee on Technical Barriers to Trade, the Committee, which shall comprise representatives of each party. 2. Through the Committee,
	the parties shall intensify their joint work in the fields of technical regulations, conformity assessment procedures and standards with a view to facilitating trade between and among the parties. 3. The committee's functions may include a monitoring the implementation and operation of this chapter,
	including its annexes and any other commitments agreed under this chapter, and identifying any potential amendments to or interpretations of such commitments pursuant to the chapter 27, Administrative and institutional provisions.
	B monitoring any technical discussions on matters arising under the chapter requested pursuant to paragraphs 2 or 2 biz of article 8.10 information exchange and technical discussions.
	C agreeing to priority areas of mutual interest for future work under this chapter and considering proposals for new sector specific or other initiatives.
	D encouraging cooperation between and among the parties in matters pertaining to this chapter, including the development, review or modification of technical regulations, standards and conformity assessment procedures.
	E encouraging cooperation between and among non-governmental bodies in the party's territories, as well as cooperation between governmental and non-governmental bodies in the party's territories in matters pertaining to this chapter, facilitating the identification of technical capacity needs.
	g, encouraging the exchange of information between and among parties and their relevant non-governmental bodies, where appropriate, on the development of common approaches regarding matters under discussion in non-governmental,
	regional, plurilateral and multilateral bodies or systems that develop standards, guides, recommendations, policies or other procedures relevant to this chapter, subject to legal review in English Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	14 h at a party's request, encouraging the exchange of information among the parties regarding specific technical regulations, standards and conformity assessment procedures of non-parties, as well as systemic issues, with a view to fostering a common approach.
	I taking any other steps the parties consider will assist them in implementing this chapter and the Tbt agreement.
	J reviewing this chapter in light of any developments under the Tbt agreement and developing recommendations for amendments to this chapter in light of those developments and.
	K reporting to the TPP Commission on the implementation and operation of this chapter, for the committee may establish working groups to carry out these functions.
	Five, each party shall designate a chapter coordinator and shall provide the other parties with the name of its designated chapter coordinator, the contact details of the relevant officials in that organization, including telephone fax, email and other relevant details.
	Six, a party shall notify the other parties promptly of any change of its chapter coordinator or any amendments to the details of the relevant officials.
	Seven, the responsibilities of each chapter coordinator shall include, a communicating with the other parties chapter coordinators, including facilitating discussions, requests and the timely exchange of information on matters arising under this chapter.
	B communicating with and coordinating the involvement of relevant government agencies, including regulatory authorities in its territories, on relevant matters pertaining to this chapter.
	C consulting and, where appropriate, coordinating with interested persons in its territory on relevant matters pertaining to this chapter and.
	D additional responsibilities as the committee may specify eight.
	The committee shall meet within one year of the date of entry into force of this agreement and thereafter, as agreed by the parties.
	The committee shall carry out its work through communication means agreed by the parties, which may include email teleconference, video conference, meetings at the margins of other regional or international fora, or other means.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	15, 9.
	Decisions of the committee shall be taken by consensus 10.
	In determining what activities the committee shall undertake, the parties shall consider work that is being undertaken in other fora with a view to ensuring that any activities undertaken by the committee do not unnecessarily duplicate that work.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 16.
	Article 8.12, annexes, 1.
	Except for the annexes on proprietary formulas for pre-packaged foods and food additives, cosmetics products, medical devices and pharmaceutical products, where scope is defined in each respective annex, the annexes shall have the same scope as set out in article 8.2.
	Scope is germane to the product specified within each relevant annex 2.
	The rights and obligations set out in each annex to this chapter apply only to the sector specified in the applicable annex and shall not affect any party's rights and obligations under any other annex.
	3. Unless the parties otherwise agree, no later than five years after the date of entry into force of this agreement, and thereafter at least once every five years, unless the parties otherwise agree, the committee shall review implementation of the annexes, with a view to strengthen or improve them and, where appropriate, make recommendations to enhance. Alignment of the parties' respective standards,
	technical regulations and conformity assessment procedures in the sectors covered by the annexes, and b consider whether the development of annexes concerning other sectors would further the objectives of this chapter or the agreement and decide whether to recommend to the Commission that the parties initiate negotiations to conclude annexes covering such sectors. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 17. Annexator, wine and distilled spirits. Scope. 1. This annex applies to wine and distilled spirits. 2. For the purposes of this annex, container means any bottle, barrel,
	cask or other closed receptacle, irrespective of size or of the material from which it is made, used for the sale of wine or distilled spirits at retail. Distilled spirits means a potable alcoholic distillate including spirits of wine,
	whiskey, rum, brandy, gin, tequila, mezcal and all dilutions or mixtures thereof for consumption. Label means any brand, mark pictorial or other descriptive matter that is written, printed, stenciled, marked, embossed or impressed on, or firmly affixed to the primary container. Of wine or distilled spirits, enological practices means wine-making materials, processes, treatments, and techniques,
	but does not include labeling, bottling, or packaging for final sale. Single field of vision means any part of the surface of a primary container, excluding its basin cap, that can be seen without having to turn the container. Supplier means a producer, importer, exporter, bottler or wholesaler. Wine means a beverage that is produced by the complete or partial alcoholic fermentation. Exclusively of fresh grapes,
	Grapes, all products derived from fresh grapes, in accordance with ecological practices that the country in which the wine was produced authorizes under its domestic laws and regulations.7.
	3.
	Each party shall make information about its domestic laws and regulations concerning wine and distilled spirits publicly available.
	4.
	A party may require that suppliers ensure that any statements That the party requires to be placed on wine and distilled spirits labels are, a.
	Clear, specific, truthful, accurate and not misleading to the consumer, and.
	B legible to the consumer, and that such labels be firmly affixed. 7. For the United States, wine means a beverage that is produced by the complete or partial alcoholic fermentation exclusively of fresh grapes, grapenust, or products derived from fresh grapes in accordance with ecological practices that the country in which the wine was produced authorizes under its domestic laws and regulations,
	and that contains an alcohol content of not less than 7% and not more than 24%. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish, and French versions. 18. 5. For greater certainty, with respect to paragraphs 4, 6 and 11,
	where there is more than one label on a container of imported wine or distilled spirits, a party may require that each label be visible and not obscure mandatory information on the other label. 6. Where our party requires a supplier to indicate information on a distilled spirits label,
	the party shall permit the supplier to indicate such information on a supplementary label affixed to the distilled spirits container. Each party shall permit a supplier to affix the supplementary label on the container of the imported distilled spirits after importation. But prior to offering the product for sale in the party's territory,
	and may require that the supplier affix the supplementary label prior to release from customs. For greater certainty, a party may require that information indicated on a supplementary label be clear, specific, truthful, accurate,
	legible, not misleading to the consumer, and firmly affixed to the container, as provided in paragraph 4. 7. Each party shall permit the alcoholic content by volume to be indicated on a wine or distilled spirits label to be expressed by AUK slash vol,
	for example, comma 12% alk slash vol or alk 12% vol, and the be indicated in percentage terms to a maximum of 1 decimal point, for example, comma 12%, 12.0%, 12.1%,
	12.2%. 8. Each party shall permit suppliers to use the term wine as a product name. Each party may require suppliers to indicate further information on wine labels concerning the type, category, class, or classification of the wine. 9. With respect to wine labels, each party shall permit the information set out in paragraphs 11, after, D,
	below to be presented in a single field of vision for containers of wine. If these items are presented in a single field of vision, then the party's requirements with respect to placement of these four items shall have been met. Each party shall accept any of these items that appear outside a single field of vision provided its laws,
	regulations, and requirements have been satisfied. 10. Notwithstanding paragraph 9, a party may require net content to be displayed on the principal display panel for a subset of less commonly used container sizes if specifically required by that party's domestic laws or regulation. 11. If a party requires a wine label to indicate information other than the product name,
	B. Country of origin, C. Net contents or D. Alcohol content, it shall permit the supplier to indicate the information on a supplementary label affixed to the wine container. Each party shall permit the supplier to affix the supplementary label. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 19. On the container of the imported wine after importation but prior to offering the product. For sale in the party's territory,
	and may require that the supplier affix the supplementary label prior to release from customs. For greater certainty, a party may require that information indicated on a supplementary label be clear, specific, truthful, accurate, legible, not misleading to the consumer, and firmly affixed to the container, as provided. In paragraph 4. 12. Where a party has more than one official language,
	it may require that information. On a wine or distilled spirits label appear in equal prominence in each official language. 13. Each party shall permit suppliers to place lot identification codes on wine and distilled spirits containers,
	provided that they are clear, specific, truthful, accurate and not misleading. Each party may impose penalties for the removal or deliberate defacement of any lot identification code provided by the supplier and placed on the container. In doing so,
	each party shall permit suppliers to determine where to place the lot identification codes on the containers, provided that such codes do not cover up other essential information printed on the label,
	and b the specific font size, readable phrasing, and formatting for the codes. Provided that lot identification codes are legible by either physical or electronic means. 14. No party shall require a supplier to indicate any of the following information on wine or distilled spirits containers,
	labels or packaging. A. Date of production or manufacture. B. Date of expiration. C. Date of minimum durability or D. Sale by date, except that a party may require suppliers to indicate a date of minimum durability or date. Of expiration on products 8 that on account of their packaging or container,
	such as back-in box. Wines or individual serving size wines, or the addition of perishable ingredients, could have a shorter date of minimum durability than would normally be expected by the consumer. 15. No party shall require a supplier to place a translation of a trademark or trade name on a wine or distilled spirits container,
	label or packaging. 8. For Peru. All distilled spirits with less than 10% ALC slash vol must have a date of minimum durability. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20. 16. Each party shall not prevent imports of wine from other parties solely on the basis. That the wine labels include the following descriptors or adjectives describing the wine or relating to wine making. Chateau,
	classic, clo, cream, crusted slash crusting, fine, late bottle. Vintage, noble, reserve, ruby, special reserve, solar, superior, shall I, tawny, vintage,
	and vintage character. 91011. 17. No party shall require a supplier to disclose an ecological practice on the wine. Label or container except to meet a legitimate human health or safety objective with respect to the relevant ecological practice. 18. Each party shall permit wine to be labeled as Eastwin,
	ice wine, ice wine, or a similar variation of those terms, only if the wine is made exclusively from grapes. Naturally frozen on the vine.12.13. 19. Each party shall endeavor to base its quality and identity requirements for any specific type,
	category, class, or classification of distilled spirits solely on minimum ethyl. Alcohol content and the raw materials, added ingredients, and production procedures used. To produce that specific type, category,
	class or classification of distilled spirits. 20. A party shall not require imported wine or distilled spirits to be certified by an official certification body of the party in whose territory the wine or distilled spirits were produced or by a certification body recognized by the party in whose territory the wine or distilled spirits were produced regarding a vintage,
	Varietal and regional claims for wine or b, raw materials and production processes for distilled spirits, except that the party may require that wine or distilled spirits be certified regarding A or B if the party in whose territory the wine or distilled spirits were produced requires such certification.
	That wine be certified regarding A if the party has a reasonable and.
	9, This paragraph shall not apply to a party if the party has entered into an agreement with another country or group of countries no later than February 2003 that requires the party to restrict the use of such terms on labels of wine sold in its territory.
	10, Nothing in this paragraph shall be construed to require Canada to apply this paragraph in a manner inconsistent with its obligations under Article 3 of Annex V of the EU-Canada wine agreement.
	11, Nothing in this paragraph shall be construed to require Malaysia to apply this paragraph in a manner inconsistent with its Regulation 18 of the Food Regulations 1985 under the Food Act 1983.
	12 For Japan, this obligation will be met through implementation of the standard on labeling of domestic wine by its domestic producers, dated 23 December 1986, and any amendments thereto. 13 The obligation in this paragraph will become effective for New Zealand three years after the date on which this agreement enters into force for New Zealand. Once effective,
	New Zealand shall implement the obligation by ensuring that wine exported from New Zealand is labeled as Eastwin, ice wine, ice wine, or a similar variation of these terms, only if such wine is made exclusively from grapes naturally frozen on the vine. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 21. Legitimate concern about a vintage, varietal, or regional claim for wine,
	and that distilled spirits be certified regarding, b, if certification is necessary to verify claims such as age, origin or standards of identity. 21. Where certification of wine is deemed necessary by a party to protect human health and safety or to achieve other legitimate objectives,
	that party shall consider the Codex Alimentarius guidelines for design, production, issuance and use of generic official certificates, CAC slash GL38-2001,
	in particular the use of the generic model. Official certificate, as amended, from time to time, concerning official and officially recognized certificates. 22. A party shall normally permit a wine or distilled spirits supplier to submit any required certification,
	test result or sample solely with the initial shipment of a particular brand, producer and lot. If a party requires a supplier to submit a sample of the product for the purpose of the party's procedure to assess conformity to its technical regulation or standard,
	it shall not require a sample quantity larger than is strictly necessary to complete the relevant conformity assessment procedure. Nothing in this provision precludes a party from undertaking verification of test results or certification, for example, where a party has information that a particular product may be non-compliant. 23. Except where problems of health and safety arise or threaten to arise for a party,
	a party shall not normally apply any final technical regulation, standard or conformity assessment procedure to wine or distilled spirits that have been placed on the market in the party's territory before the date on which the technical regulation,
	standard or conformity assessment procedure enters into force, provided that said products are sold within a period that has been stipulated by the relevant authority, after the technical regulation, standard or conformity assessment procedure enters into force. 24. Each party shall endeavor to assess other parties' laws, regulations and requirements in respect of ecological practices,
	with the aim of reaching agreements. Providing for the mutual acceptance by the parties of each other as respective mechanisms. For regulating ecological practices, where appropriate. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 22. Annex 8B,
	Information and Communications Technology. Products. Section A, Information and Communication Technology, ICT, Products that Use. Cryptography. 1. This section applies to information and communication technology,
	ICT, products. That use cryptography. For greater certainty, for purposes of this section, a product is a. Good or does not include financial instruments. 2. For the purposes of this section, cryptography means the principles, means or methods for the transformation of data in order to hide its information content, prevent its undetected modification or prevent its unauthorized use,
	and is limited to the transformation of information using one or more secret parameters, for example comma crypto variables, or associated key management. Encryption means the conversion of data, plain text,
	into a form that cannot be easily understood without subsequent reconversion, zip artext through the use of a cryptographic algorithm, cryptographic algorithm or cipher means a mathematical procedure or formula for combining a key with plain text to create a zip artext,
	and key means a parameter used in conjunction with a cryptographic algorithm that determines its operation in such a way that an entity with knowledge of the key can reproduce or reverse the operation, while an entity without knowledge of the key cannot. 3. With respect to a product that uses cryptography and is designed for commercial applications,
	no party may impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to transfer or provide access to a particular technology, production process, or other information, such as a private key or other secret parameter,
	algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the party or a person in the party's territory. B. Partner with the person in its territory, or C. Use or integrate a particular cryptographic algorithm or cipher, other than where the manufacture,
	sale, distribution, import or use of the product is by or for the government of the party. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 23. 4. Paragraph 3 shall not apply to A. Requirements that a party adopts or maintains. Relating to access to networks that are owned or controlled by the government,
	including those of central banks, or B. Measures taken pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets. For greater certainty, nothing in this section shall be construed to prevent law enforcement authorities from requiring service suppliers using encryption they control from providing, pursuant to legal procedures,
	unencrypted Section B, Electromagnetic Compatibility of Information Technology Equipment. ITE product. 1. This section applies to the electromagnetic compatibility of information. Technology Equipment,
	ITE, product. 2. For the purposes of this section, ITE product means any device or system or component thereof that has a primary. Function of entry, storage, display, retrieval, transmission, processing, switching, or control, or combinations thereof, of data or telecommunication of messages by means other than radio transmission or reception and, for greater certainty,
	excludes any product or component thereof that is a primary function of radio transmission or reception. Electromagnetic compatibility means the ability of an equipment or system to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances with respect to any other device or system in that environment,
	and suppliers declaration of conformity means an attestation by a supplier that a product meets a specified standard or technical regulation based on an evaluation of the results of conformity assessment procedures. 3. If a party requires positive assurance that an ITE product meets a standard or technical regulation for electromagnetic compatibility,
	it shall accept a supplier's declaration of conformity.14. 4. The parties recognize that a party may require testing, for example by an independent accredited laboratory, In support of a supplier's declaration of conformity, registration of the supplier S declaration of conformity, or submission of evidence necessary to support the supplier S Declaration of Conformity.
	5.
	Nothing in paragraph 3 prevents a party from verifying a supplier's declaration of conformity.
	14.
	Nothing in this paragraph shall be construed to require Mexico to apply this paragraph in a manner inconsistent with its lay federal sober metrology Y normalization.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 24. 6. Paragraph 3 shall not apply with respect to any product that a party regulates as a medical device or a medical device system or a component of a medical device or medical device system or B,
	for which the party demonstrates that there is a high risk that the product will cause harmful electromagnetic interference with a safety or radio transmission or reception device or system. Section C, Regional Cooperation Activities on Telecommunications Equipment.
	1.
	This section applies to telecommunications equipment.
	2.
	The parties are encouraged to implement the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment and the APEC Mutual Recognition Arrangement for equivalence of technical requirements with respect to each other or other arrangements to facilitate trade in telecommunications equipment.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions. 25. Annex 8C, Pharmaceuticals. 1. This annex applies to the preparation, adoption and application of technical regulations, standards, Conformity assessment procedures, marketing authorization and notification procedures.
	15 of central government bodies, other than technical specifications.
	Prepared by governmental entities for production or consumption requirements of such entities and sanitary or by thoseanitary measures that may affect trading pharmaceuticals products between the parties.
	A party's obligations under this annex apply to any product that the party defines as a pharmaceutical product pursuant to paragraph 2.
	For the purpose of this annex, preparation of a standard, technical regulation, conformity assessment procedure or marketing authorization includes, as appropriate, the evaluation of the risks involved, the need to adopt a measure to address those risks,
	review of relevant scientific or technical information, and consideration of the characteristics or design of possible alternative approaches. 1. Bis. Recognizing that each party is required to define the scope of products covered by this annex pursuant to paragraph 2,
	for purposes of this annex, a pharmaceutical product may include a human drug or biologic that is intended for use in the diagnosis, cure, mitigation, Treatment or prevention of disease or condition in humans, or intended to affect the structure or any function of the body of the human.
	2.
	Each party shall define the scope of the products subject to its statutes and regulations for pharmaceutical products in its territory and make such information publicly available.
	Recognizing that each party is required to define the scope of products covered by this annex pursuant to paragraph 2, for purposes of this annex, a pharmaceutical product may include a human drug or biologic that is intended for use in the diagnosis, cure, mitigation, Treatment or prevention of disease or condition in humans or intended to affect the structure or any function of the body of a human.
	3.
	Each party shall identify the agency or agencies that are authorized to regulate pharmaceutical products in its territory and make such information publicly available.
	4.
	Where more than one agency is authorized to regulate pharmaceutical products within the territory of a party, the party shall examine whether there is overlap or duplication in scope of those authorities and take reasonable measures to eliminate unnecessary duplication of any regulatory requirements resulting for pharmaceutical products.
	5.
	The parties shall seek to collaborate through relevant international initiatives, such as those aimed at harmonization, as well as regional initiatives in support of such. 15. The application of this annex to marketing authorizations is without prejudice to whether a marketing authorization meets the definition of a standard,
	technical regulation or conformity assessment procedure. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions.
	26.
	International initiatives, as appropriate, to improve the alignment of their respective pharmaceutical products regulations and regulatory activities.
	6.
	Each party shall consider relevant scientific or technical guidance documents developed through international collaborative efforts with respect to pharmaceutical products when developing or implementing regulations for marketing authorizations of pharmaceuticals products.
	Each party is encouraged to consider regionally developed scientific or technical guidance documents that are aligned with such efforts, as appropriate.
	6 Bis, Each party shall observe the obligations in Articles 2.1 and 5.1.1 of the TBT Agreement with respect to any marketing authorization or notification procedure, or element thereof, that it prepares, adopts or applies for pharmaceutical products that do not fall within the definition of a technical regulation or conformity assessment procedure.
	7.
	Each party recognizes that the responsibility of providing sufficient information on which a party makes regulatory determinations on a pharmaceutical product rests with the applicant.
	7 BIS.
	Each party shall make its determination on whether to grant marketing authorization for a specific pharmaceutical product on the basis of information, including, where appropriate, pre-clinical and clinical data, on safety and efficacy. B. Information on manufacturing quality of the product. C. Labeling information related to safety, efficacy and use of the product,
	and D. Other matters that may directly affect the health or safety of the user of the product. To this end, no party shall require sale or related financial data concerning the marketing of the product as part of such a determination. Further,
	each party shall endeavor not to require pricing data as part of the determination. 8. Each party shall administer any marketing authorization process it maintains for pharmaceutical products in a timely, Reasonable, objective, transparent, and impartial manner, and identify and manage any conflicts of interest so as to mitigate any associated risks.
	Each party shall provide an applicant seeking marketing authorization for a pharmaceutical product with its determination regarding marketing authorization within a reasonable period of time.
	The parties recognize that the reasonable period of time required to make a marketing authorization determination may be affected by factors such as the novelty of a product or legitimate regulatory implications that may arise.
	Subject T. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-1. Chapter 9. Investment. Section R. Article 9.1. Definitions. For the purposes of this chapter,
	Center means the International Center for Settlement of Investment Disputes, ICSID, established by the ICSID Convention. Claimant means an investor of a party that is a party to an investment dispute with another party. If that investor is a natural person,
	who is a permanent resident of a party and a national of another party, that natural person may not submit a claim to arbitration against that latter party, covered investment means, with respect to a party, an investment in its territory of an investor of another party in existence as of the date of entry into force of this agreement for those parties. Or established, acquired,
	or expanded thereafter. Disputing parties means the claimant and the respondent, disputing party means either the claimant or the respondent, enterprise means an enterprise as defined in Article 1.3, general definitions,
	and the branch of an enterprise, enterprise of a party means an enterprise constituted or organized under the law of a party, or a branch located in the territory of a party and carrying out business activities there. 1. Freely usable currency means freely usable currency as determined by the International Monetary Fund under its Articles of Agreement,
	ICT. Arbitration Rules means the arbitration rules of the International Chamber of Commerce. 1. For greater certainty, the inclusion of a branch in the definitions of enterprise and enterprise of a party is. Without prejudice to a party its ability to treat a branch under its laws as an entity that has no independent legal existence and is not separately organized. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	9-2.
	Excite additional facility rules means the rules governing the additional facility for the administration of proceedings by the Secretariat of the International Center FOR Settlement OF Investment Disputes.
	EXCIDE CONVENTION means the Convention On The Settlement Of Investment Disputes between States and Nationals of Other States, done at Washington, March 18, 1965.
	Inter-American Convention means the Inter-American Convention On International Commercial Arbitration, done at Panama, January 30, 1975. Investment means every asset that an investor owns or controls, directly or indirectly, that is. The characteristics of an investment,
	including such characteristics as the commitment of capital, or other resources, the expectation of gain or profit, or the assumption of risk. Forms that an investment may take include. A. An enterprise. B. Shares, stock and other forms of equity participation in an enterprise. C. Bonds, debentures, other debt instruments and loans, 2,3. D. Futures,
	options and other derivatives. E. Turnkey, construction, management, production, concession, revenue sharing and. Other similar contracts. F. Intellectual property rights. G. Licenses, authorizations, permits and similar rights conferred pursuant to the party S law, 4 and. 2. Some forms of debt, such as bonds, debentures, and long-term notes,
	are more likely to have the characteristics of an investment, while other forms of debt, such as claims to payment that are immediately due and result from the sale of goods or services, are less likely to have such characteristics. 3. A loan issued by one party to another party is not an investment. 4. Whether a particular type of license, authorization,
	permit or similar instrument, including a concession to the extent that it has the nature of such an instrument, has the characteristics of an investment depends on such factors as the nature and extent of the rights that the holder has under the party's law. Among such instruments that do not have the characteristics of an investment are those that do not create any rights protected under the party S law. For greater certainty,
	the foregoing is without prejudice to whether any asset associated with such instruments has the characteristics of an investment. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-3. h other tangible or intangible, Movable or immovable property and related property.
	Rights, such as leases, mortgages, liens and pledges, but investment does not mean an order or judgment entered in a judicial or administrative action.
	Investment agreement means a written agreement.
	5 that is concluded and takes effect after the date of entry into force of this agreement.
	6 between an authority at the central level of government.
	7 of a party under covered investment or an investor of another party, and that creates an exchange of rights and obligations binding on both parties under the law applicable under article 9.24.
	2 governing law on which the covered investment or the investor relies in establishing or acquiring a cover investment other than the written agreement itself, and that grants rights to the covered investment or investor with respect to natural resources that a national authority controls, such as oil, natural gas, rare earth minerals timber gold, iron ore and other similar resources.
	It, including for their exploration extraction refining transportation, distribution or sale.
	B to supply services on behalf of the party for consumption by the general public, for power generation or distribution, water treatment or distribution 5.
	Written agreement refers to an agreement in writing negotiated and executed by both parties, whether in a single instrument or into multiple instruments.
	For greater certainty, a unilateral act of an administrative or judicial authority, such as a permit license authorization certificate, approval or similar instrument issued by a party in its regulatory capacity, or a subsidy or grant or a decree, order or judgment standing alone and.
	B an administrative or judicial consent, decree or order shall not be considered a written agreement.
	6.
	For greater certainty, a written agreement that is concluded and takes effect after the entry into force of this agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered in force prior to the entry into force of this agreement. 7. For the purposes of this definition,
	authority at the central level of government means, for unitary states, an authority at the ministerial level of government. Ministerial level of government means government departments,
	ministries or other similar authorities at the central level of government, but does not include a governmental agency or organ established by a party S constitution or a particular legislation that is a separate legal personality from government departments,
	ministries or other similar authorities under a party S law, unless the day-to-day operations of that agency or organ are directed or controlled by government departments, ministries or other similar authorities, or b a governmental agency or organ that acts exclusively with respect to a particular region or province. 8. For the avoidance of doubt,
	this a paragraph does not include an investment agreement with respect to land, water or radio spectrum. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-4. Telecommunications, or other similar services supplied on behalf of the party for consumption by the general public,
	9 or. C. To undertake infrastructure projects, such as the construction of roads, bridges, canals, dams or pipelines or other similar projects provided, however,
	that the infrastructure is not for the exclusive or predominant use and benefit of the government. Investment authorization 10 means an authorization that the foreign investment authority of a party 11 grants to a covered investment or an investor of another party. Investor of a non-party means,
	with respect to a party, an investor that attempts to make 12 is making or has made an investment in the territory of that party, that is not an investor of a party, investor of a party means a party,
	or a national or an enterprise of a party, that attempts to make, is making, or has made an investment in the territory of another party, the sheer arbitration rules means the arbitration rules of the London Court of International Arbitration,
	negotiated restructuring means the restructuring or rescheduling of a debt instrument that has been effected through a modification or amendment of that debt instrument, as provided for under its terms,
	or b a comprehensive debt exchange or other similar process in which the holders of no less than 75% of the aggregate principal amount of the outstanding debt under that debt instrument have consented to the debt exchange or other process. 9. For the avoidance of doubt,
	this a paragraph does not cover correctional services, healthcare services, education services, child care services, welfare services or other similar social services. 10. For greater certainty, the following are not encompassed within this definition. I. Actions taken by a party to enforce laws of general application, such as competition, environmental,
	health or other regulatory laws. 2. Non-discriminatory. Licensing regimes, and, 3. A party S decision to grant to a covered investment or an investor of another party a particular investment incentive or other benefit,
	that is not provided by a foreign investment. Authority in an investment authorization. 11. For the purposes of this definition, foreign investment authority means, as of the date of entry into force of this agreement,
	A. For Australia, the Treasurer of the Commonwealth of Australia under Australia's foreign investment. Policy including the Foreign Acquisitions and Takeovers Act 1975. B. For Canada, the Minister of Industry, but only. When issuing a notice under Section 21 or 22 of the Investment Canada Act. C. For Mexico, the National Commission of Foreign Investments, Commission National,
	the Inversions Extrangeeras, and, D. For New Zealand, the Minister of Finance, the Minister of Fisheries or the Minister for Land Information, to the extent that they make a decision to grant consent under the Overseas Investment Act 2005. 12 For greater certainty, the parties understand that,
	for the purposes of the definitions of investor of a non-party and investor of a party, an investor attempts to make an investment when that investor has taken concrete action or actions to make an investment, such as channeling resources or capital in order to set up a business, or applying for a permit or license. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-5. New York Convention means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Done at New York,
	June 10, 1958. Non-disputing party means a party that is not a party to an investment dispute. Protected information means confidential business information or information that is privileged. Or otherwise protected from disclosure under a party S law,
	including classified government. Information, respondent means the party that is a party to an investment dispute, Secretary General means the Secretary General of ICSIDE, and uncitral arbitration rules means the arbitration rules of the United Nations Commission on International Trade Law. Article 9.2,
	Scope. 1. This chapter shall apply to measures adopted or maintained by a party relating to investors of another party. B. Covered Investments, and C, with respect to Article 9.9,
	Performance Requirements, and Article 9.15. Investment and environmental, health and other regulatory objectives, or investments in the territory of that party. 2. A party S obligations under this chapter shall apply to measures adopted or maintained by the central,
	regional or local governments or authorities of that party, and b any person, including a state enterprise or any other body, when it exercises any governmental authority delegated to it by central, regional or local governments or authorities of that party.13. 13 For greater certainty, governmental authority is delegated under the party S law,
	including through our legislative grant or a government order, directive or other action transferring or authorizing the exercise of governmental authority. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-6. 3. For greater certainty,
	this chapter shall not bind the party in relation to an act or fact that took place or a situation that ceased to exist before the date of entry into force of this agreement. For that party. Article 9.3, Relation to other chapters.
	1.
	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.
	2.
	A requirement of a party that a service supplier of another party post a bond or other form of financial security as a condition for the cross-border supply of a service does not of itself make this chapter applicable to measures adopted or maintained by the party relating to such cross-border supply of the service.
	This chapter shall apply to measures adopted or maintained by the party relating to the posted bond or financial security, to the extent that the bond or financial security is a covered investment. 3. This chapter shall not apply to measures adopted or maintained by a party to the extent that they are covered by Chapter 11,
	Financial Services. Article 9.4, National Treatment 14. 1. Each party shall accord to investors of another party treatment no less favorable than that it accords,
	in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each party shall accord to covered investments treatment no less favorable than that it accords,
	in like circumstances, to investments in its territory of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments. 3. For greater certainty, the treatment to be accorded by a party under paragraphs 1 and 2 means, with respect to a regional level of government,
	treatment no less favorable than the most favorable treatment accorded, in like circumstances, by that regional level of government to investors, and to investments of investors of the party of which it forms a part. 14. For greater certainty,
	whether treatment is accorded in like circumstances under Article 9.4, National Treatment, or Article 9.5, most favored nation treatment, depends on the totality of the circumstances, including whether the relevant treatment distinguishes between investors or investments on the basis of legitimate public welfare objectives. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-7. Article 9.5, Most Favored Nation Treatment. 1. Each party shall accord to investors of another party treatment no less favorable than. That it accords, in like circumstances,
	to investors of any other party or of any non-party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each party shall accord to covered investments treatment no less favorable than that it accords,
	in like circumstances, to investments in its territory of investors of any other party or of any non-party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments. 3. For greater certainty, the treatment referred to in this article does not encompass international dispute resolution procedures or mechanisms,
	such as those included in Section B Article 9.6, minimum standard of treatment 15. 1. Each party shall accord to covered investments treatment in accordance with applicable customary international law principles, Including fair and equitable treatment and full protection and security.
	2.
	For greater certainty, paragraph 1 prescribes the customary international law minimum standard of treatment of aliens as the standard of treatment to be afforded to covered investments.
	The concepts of fair and equitable treatment and full protection and security do not require treatment in addition to or beyond that which is required by that standard, and do not create additional substantive rights.
	The obligations in paragraph 1 to provide a fair and equitable treatment includes the obligation not to deny justice in criminal,
	civil or administrative adjudicatory proceedings in accordance with the principle of due process embodied in the principal legal systems of the world, and b full protection and security requires each party to provide the level of police protection required under customary international law. 3. A determination that there has been a breach of another provision of this agreement,
	or of a separate international agreement does not establish that there has been a breach of this. Article 15 Article 9.6, Minimum Standard of Treatment, shall be interpreted in accordance with Annex 9a Customary International Law. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-8. 4. For greater certainty, the mere fact that a party takes or fails to take an action that may be inconsistent with an investor's expectations does not constitute a breach of this article,
	even if there is loss or damage to the covered investment as a result. 5. For greater certainty, the mere fact that a subsidy or grant has not been issued, renewed or maintained, or has been modified or reduced, by a party, does not constitute a breach of this article, even if there is loss or damage to the covered investment as a result. Article 9.6 biz,
	Treatment in case of armed conflict or civil strife.
	1.
	Notwithstanding Article 9.11.6b Non-conforming measures, each party shall accord to investors of another party and covered investments non-discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory owing to armed conflict or civil strife.
	2.
	Notwithstanding paragraph 1, if an investor of a party, in a situation referred to in paragraph 1, suffers a loss in the territory of another party resulting from a requisitioning of its covered investment or part thereof by the latter S forces or authorities,
	or B destruction of its covered investment or part thereof by the latter S forces or authorities, which was not required by the necessity of the situation. The latter party shall provide the investor restitution,
	compensation or both, as appropriate for that loss. 3. Paragraph 1 shall not apply to existing measures relating to subsidies or grants that would be inconsistent with Article 9.4, National Treatment, but for Article 9.11.6, B. Non-conforming measures. Article 9.7,
	Expropriation and Compensation 16. 1. No party shall expropriate or nationalize a covered investment either directly or indirectly. Through measures equivalent to expropriation or nationalization, expropriation, except A. For a public purpose 17, 18, 16 Article 9.7, Expropriation and Compensation, shall be interpreted in accordance with Annex 9B,
	expropriation and is subject to Annex 9C, expropriation relating to land. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-9. b in a non-discriminatory manner. C. On payment of prompt,
	adequate and effective compensation in accordance with paragraphs 2, 3 and 4, and D. In accordance with due process of law. 2. Compensation shall. Be paid without delay. b. Be equivalent to the fair market value of the expropriated investment immediately. Before the expropriation took place,
	the date of expropriation. C. Not reflect any change in value occurring because the intended expropriation had become known earlier, and D. Be fully realisable and freely transferable. 3. If the fair market value is denominated in a freely usable currency,
	the compensation paid shall be no less than the fair market value on the date of expropriation, plus interest at a commercially reasonable rate for that currency, accrued from the date of expropriation until the date of payment. 4. If the fair market value is denominated in a currency that is not freely usable, the compensation paid, Converted into the currency of payment at the market rate of exchange.
	Prevailing on the date of payment shall be no less than a, the fair market value on the date of expropriation, converted into a freely usable currency at the market rate of exchange prevailing on that date, plus.
	17 for greater certainty.
	For the purposes of this article, the term public purpose refers to a concept in customary international law.
	Domestic law may express this or a similar concept by using different terms, such as public necessity, public interest or public use.
	18 for the avoidance of doubt I. If Brunai DER Russalaim is the expropriating party, any measure of direct expropriation relating to land shall be for the purposes as set out in the land Code, cap 40 and the land Acquisition Act, cap 41, as of the date of entry into force of the agreement for it and 2.
	If Malaysia is the expropriating party, any measure of direct expropriation relating to land shall be for the purposes as set out in the land acquisitions Act 1960, land acquisition Ordinance 1950 of the state of Subah and the land Code 1958 of the state of Sarawak as of the date of entry into force of the agreement for it.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 9-10.
	B interest at a commercially reasonable rate for that freely usable currency accrued from the date of expropriation until the date of payment 5.
	This article shall not apply to the issuance of compulsory licenses granted in relation to intellectual property rights in accordance with the trips agreement, or to the revocation, limitation or creation of intellectual property rights to the extent that the issuance revocation, limitation or creation is consistent with chapter 18, intellectual property, and the trips agreement.
	19, 6 for greater certainty, a party's decision not to issue, renew or maintain a subsidy or grant, or decision to modify or reduce a subsidy or grant.
	A in the absence of any specific commitment under law or contract to issue, renew or maintain that subsidy or grant, or.
	B in accordance with any terms or conditions attached to the issuance renewal modification, reduction and maintenance of that subsidy or grant.
	Standing alone does not constitute an expropriation.
	Article 9.8 transfers 20, 1.
	Each party shall permit all transfers relating to a covered investment to be made freely and without delay into and out of its territory.
	Such transfers.
	Transfers include, a contributions to capital, 21. b profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance fees and other fees, c proceeds from the sale of all or any part of the covered investment or from the partial or complete liquidation of the covered investment. D. Payments made under a contract,
	including a loan agreement. 19. For greater certainty, the parties recognize that, for the purposes of this article, the term revocation of intellectual property rights includes the cancellation or nullification of those rights, and the term limitation of intellectual property rights includes exceptions to those rights. 20. For greater certainty, this article is subject to Annex 9e,
	Transfers. 21. For greater certainty, contributions to capital include the initial contribution. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-11. e. Payments made pursuant to Article 9.6 biz, Treatment in case of armed conflict.
	Or civil strife, and Article 9.7, expropriation and compensation, and F. Payments arising out of a dispute.
	2.
	Each party shall permit transfers relating to a covered investment to be made in a freely usable currency at the market rate of exchange prevailing at the time of transfer.
	3.
	Each party shall permit returns in kind relating to a covered investment to be made as authorized or specified in a written agreement between the party and a covered investment or an investor of another party.
	4.
	Notwithstanding paragraphs 1, 2 and 3, a party may prevent or delay a transfer through the equitable, non-discriminatory and good faith application of its laws 22 relating to a bankruptcy,
	insolvency or the protection of the rights of creditors. b issuing, trading or dealing in securities, futures, options or derivatives. C. Criminal or penal offenses. D. Financial reporting or record keeping of transfers when necessary to assist law,
	enforcement or financial regulatory authorities, or E. Ensuring compliance with orders or judgments in judicial or administrative proceedings. 5. Notwithstanding paragraph 3,
	a party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under this agreement, including as set out in paragraph 4. Article 9.9, performance requirements. 1. No party shall, in connection with the establishment, acquisition, expansion, management, conduct, operation,
	or sale or other disposition of an investment of an investor of a party or of a non-party in its territory, impose or enforce any requirement, or enforce any commitment or undertaking. 23. 22 For greater certainty,
	this article does not preclude the equitable, non-discriminatory and good faith application of a party's laws relating to its social security, public retirement or compulsory savings programs. 23 For greater certainty,
	a condition for the receipt or continued receipt of an advantage referred to in paragraph 2. Does not constitute a requirement or a commitment or undertaking for the purposes of paragraph 1. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-12. A. To export a given level or percentage of goods or services. b to achieve a given level or percentage of domestic content. C. To purchase,
	Use or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory.
	D.
	To relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with the investment.
	E.
	To restrict sales of goods or services in its territory that the investment produces or supplies, by relating those sales in any way to the volume or value of its exports or foreign exchange earnings.
	F.
	To transfer a particular technology, a production process or other proprietary knowledge to a person in its territory.
	G.
	To supply exclusively from the territory of the party the goods that the investment produces or the services that it supplies to a specific regional market or to the world market.
	H. I.
	To purchase, use or accord a preference to, in its territory, technology of the party or of a person of the party 24, or 2, that prevents the purchase or use of, or the according of a preference to, in, its territory,
	a particular technology, or I. To adopt. I. A given rate or amount of royalty under a license contract, or 2. A given duration of the term of a license contract, in regard to any license contract in existence at the time the requirement is imposed or enforced, or any commitment or undertaking is enforced, or any future. 24. For the purposes of this article,
	the term technology at the party or of a person of the party includes technology that is owned by the party or a person of the party, a technology for which the party or a person of the party holds an exclusive license. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-13. License contract 25 freely entered into between the investor and the person in its territory,
	provided that the requirement is imposed or the commitment or undertaking is enforced in a manner that constitutes direct interference with that license contract by an exercise of non-judicial governmental authority of a party. For greater certainty,
	paragraph 1, I, does not apply when the license contract is concluded between the investor and the party. 2. No party shall condition the receipt or continued receipt of an advantage, in connection, with the establishment, acquisition, expansion, management, conduct, operation, or sale or other. Disposition of an investment of an investor of a party or of a non-party in its territory,
	On compliance with any requirement.
	A.
	To achieve a given level or percentage of domestic content.
	B.
	To purchase, use or accord a preference to goods produced in its territory or to purchase goods from persons in its territory c.
	To relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with the investment or d.
	To restrict sales of goods or services in its territory that the investment produces or supplies by relating those sales in any way to the volume or value of its exports or foreign exchange earnings.
	3 a.
	Nothing in paragraph 2 shall be construed to prevent a party from conditioning the receipt or continued receipt of an advantage, in connection with an investment of an investor of a party or of a non-party in its territory, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
	b.
	Paragraphs 1 f, 1 h and 1.
	I shall not apply.
	I if a party authorizes use of an intellectual property right in accordance with article 3126 of the trips agreement or to measures requiring the disclosure of proprietary information that fall within the scope of and are consistent with article 39 of the trips agreement or 25, a license contract referred to in this a paragraph means any contract concerning the licensing of technology,
	a production process or other proprietary knowledge.
	26, the reference to article 31 includes any waiver or amendment to the trips agreement implementing paragraph 6 of the Doha declaration on the Trips Agreement and public health.
	Weight slash mean, 01.
	Slash deck slash 2.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	9-14, 2.
	If the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal or competition authority to remedy a practice determined after judicial or administrative process to be anti-competitive under the party's competition laws.27.
	28.
	C, paragraph 1 I shall not apply if the requirement is imposed or the commitment or undertaking is enforced by a tribunal.
	Is equitable remuneration under the party's copyright laws d.
	Provided that such measures are not applied in an arbitrary or unjustifiable manner or do not constitute a disguised restriction on international international trade or investment.
	Paragraphs 1 B, 1 C, 1 F, 2 A and 2 B shall not be construed.
	The prevent a party from adopting or maintaining measures, including environmental measures I necessary to secure compliance with laws and regulations that are not inconsistent with this agreement.
	2 necessary to protect human, Animal or plant life or health, or.
	3 related to the conservation of living or non-living exhaustible natural resources.
	E, paragraphs 1 a, 1 b, 1 c, 2 a and 2 b shall not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
	F, paragraphs 1 b, 1 c, 1 f, 1 g, 1 h, 1 I, 2 a and 2 b shall not apply to government procurement.
	G, paragraphs 2 a and 2 b shall not apply to requirements imposed by an importing party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
	H, paragraphs 1, h and 1 I shall not be construed to prevent a party from adopting or maintaining measures to protect legitimate public welfare objectives, provided that such measures are not applied in an arbitrary or unjustifiable 27.
	The parties recognize that a patent does not necessarily confer market power 28.
	In the case of brun, I DARE Russele aim for a period of 10 years after the entry into force of this agreement for it or until it establishes a competition authority or authorities, whichever occurs earlier.
	The reference to the party's competition laws includes competition regulations subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	9-15, man or in a manner that constitutes a disguised restriction on international trade or investment.
	4. For greater certainty, nothing in paragraph 1 shall be construed to prevent a party, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a party or of a non-party in its territory, from imposing or enforcing a requirement, or enforcing a commitment or undertaking, to employ or train workers in its territory.
	provided that the employment or training does not require the transfer of a particular technology, production process or other proprietary knowledge to a person in its territory.
	Five, for greater certainty, paragraphs one and two shall not apply to any commitment, undertaking or requirement other than those set out in those paragraphs.
	Six, this article does not preclude enforcement of any commitment, undertaking or requirement between private parties if a party did not impose or require the commitment, undertaking or requirement.
	Article 9.10, senior management and boards of directors.
	One, no party shall require that an enterprise of that party that is a covered investment appoint to a senior management position a natural person of any particular nationality.
	To a party may require that a majority of the board of directors, or any committee thereof, of an enterprise of that party that is a covered investment be of a particular nationality or resident in the territory of the party, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment.
	Article 9.11 non-conforming measures one.
	Article 9.4 national treatment, article 9.5 most favored nation treatment, article 9.9 performance requirements and article 9.10 senior management and board of directors shall not apply to any existing non-conforming measure that is maintained by a party at, I the central level of government, as set out by that party in its schedule to annex I.
	To a regional level of government, as set out by that party in its schedule to annex I, or subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	9-16 3.
	A local level of government.
	B the continuation or prompt renewal of any non-conforming measure referred to in sub paragraph a or c.
	an amendment to any non-conforming measure referred to in subparagraph, a, to, the extent that the amendment does not decrease the conformity of the measure, as, it existed immediately before the amendment, with Article 9.4, National Treatment, Article 9.5, Most Favoured Nation Treatment, Article 9.9, Performance Requirements, or Article 9.10, Senior Management and
	board of directors.
	29, 2, article 9.4.
	National treatment, article 9.5.
	Most favored nation treatment, article 9.9, Performance Requirements, and Article 9.10, Senior Management and Board of Directors, shall not apply to any measure that a party adopts or maintains with respect to sectors, subsectors, or activities,
	as set out by that party in its schedule to annex to. 3. If a party considers that a non-conforming measure applied by a regional level of government of another party, as referred to in paragraph 1, A, 2,
	creates a material impediment to investment in relation to the former party, it may request consultations with regard to that measure. These parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate. 30. 4. No party shall,
	under any measure adopted after the date of entry into force of this agreement for that party and covered by its schedule to annex to, require an investor of another party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 5. Article 9.4, National Treatment,
	shall not apply to any measure that falls within an exception to or derogation from the obligations which are imposed by I. Article 18. A.9, General Provisions National Treatment, or 2. Article 3 of the TRIPS Agreement, if the exception or derogation relates to matters not addressed by Chapter 18, Intellectual Property. 29 With respect to Vietnam,
	Annex 9i, Non-Conforming Measures Ratchet Mechanism, applies. 30. For greater certainty, any party may request consultations with another party regarding a non-conforming measure applied by a central level of government,
	as referred to in paragraph 1, A, I. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish, and French versions. 9-17. b Article 9.5, Most Favored Nation Treatment, shall not apply to any measure that falls within Article 5 of the TRIPS Agreement,
	or an exception to, or derogation, from, the obligations which are imposed by. I, Article 18. A.9, General Provisions National Treatment, or 2, Article 4 of the TRIPS Agreement. 6. Article 9.4, National Treatment, Article 9.5, Most Favored Nation Treatment, and Article 9.10,
	Senior Management and Board of Directors, shall not apply to a government procurement, or B subsidies or grants provided by a party, including government-supported loans, guarantees and insurance. 7. For greater certainty, any amendments or modifications to a party's schedules to annex I or Annex II, pursuant to this article,
	shall be made in accordance with Article 30.2. Amendments. Article 9.12, Subrogation. If a party, or any agency, institution, statutory body or corporation designated by the party, makes a payment to an investor of the party under a guarantee, a contract of insurance or other form of indemnity that it has entered into with respect to a covered investment,
	the other party in whose territory the covered investment was made shall recognize the subrogation or transfer of any rights the investor would have possessed under this chapter with respect to the covered investment but for the subrogation,
	and the investor shall be precluded from pursuing these rights to the extent of the subrogation. Article 9.13, special formalities and information requirements. 1. Nothing in Article 9.4, National Treatment, shall be construed to prevent a party from adopting or maintaining a measure that prescribes special formalities in connection with a covered investment,
	such as a residency requirement for registration or a requirement that a covered investment be legally constituted under the laws or regulations of the party, provided that these formalities do not materially impair the protections afforded by the party to investors of another party and covered investments pursuant to this chapter. 2. Notwithstanding Article 9.4,
	National Treatment, and Article 9.5, Most Favored Nation Treatment. A party may require an investor of another party or its covered investment to provide information concerning that investment solely for informational or statistical purposes. The party. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	9-18.
	Shall protect such information that is confidential from any disclosure that would prejudice the competitive position of the investor or the covered investment.
	Nothing in this paragraph shall be construed to prevent a party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its law.
	Article 9.14, Denial of Benefits.
	1.
	A party may deny the benefits of this chapter to an investor of another party that is, an enterprise of that other party, and to investments of that investor, if the enterprise is owned or controlled by a person of a non-party or of the denying party, And b has no substantial business activities in the territory of any party other than the denying party.
	2.
	A party may deny the benefits of this chapter to an investor of another party that is an enterprise of that other party, and to investments of that investor if persons of a non-party own or control the enterprise and the denying party adopts or maintains measures with respect to the non-party or a person of the non-party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this chapter were accorded to the
	enterprise or the its investments.
	Article 9.15, investment and environmental, health and other regulatory objectives. Nothing in this chapter shall be construed to prevent a party from adopting, maintaining, or enforcing any measure otherwise consistent with this chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental,
	health or other regulatory objectives. Article 9.16, Corporate Social Responsibility. The parties reaffirm the importance of each party encouraging enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate into their internal policies those internationally recognized standards,
	guidelines and principles of corporate social responsibility that have been endorsed or are supported by that party. Section B, Investor State Dispute Settlement. Article 9.17, Consultation and Negotiation. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 9-19. 1. In the event of an investment dispute, the claimant and the respondent should initially. Seek to resolve the dispute through consultation and negotiation,
	which may include the use of non-binding, third-party procedures, such as good offices, conciliation or mediation. 2. The claimant shall deliver to the respondent a written request for consultation setting out a briefy description of facts regarding the measure or measures at issue. 3. For greater certainty,
	the initiation of consultations and negotiations shall not be construed as recognition of the jurisdiction of the tribunal. Article 9.18, Submission of a Claim to Arbitration. 1. If an investment dispute has not been resolved within six months of the receipt by the respondent of a written request for consultations pursuant to Article 9.17.2,
	Consultation and Negotiation. A, the claimant, on its own behalf, may submit to arbitration under this section. Claim. I, that the respondent has breached, a, an obligation under section a b an investment authorization, 31 or c. An investment agreement, and 2. That the claimant has incurred loss or damage by reason of,
	or arising out, of, that breach, and b, the claimant, on behalf of an enterprise of the respondent that is a juridical person, that the claimant owns or controls directly or indirectly, may submit to arbitration. Under this section a claim, I, that the respondent has breached, 31 without prejudice to a claimant's right to submit to arbitration other claims under this article,
	a claimant shall not submit to arbitration a claim under sub paragraph a, i, b, or sub paragraph, b, i, b, that a party covered by annex 9h has breached an investment authorization by enforcing conditions or requirements under which the investment authorization was granted. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	9-20.
	A.
	An obligation under Section A. B.
	An investment authorization.
	Or.
	C.
	An investment agreement.
	And.
	2.
	the enterprise has incurred loss or damage by reason of, or arising out. of, that breach, provided that a claimant may submit pursuant to subparagraph, a, i, c, or, b, i, c, a claim for. breach of an investment agreement only if the subject matter of the claim and the claimed.
	Damages directly relate to the covered investment that was established or acquired, required, or sought to. be established or acquired, in re- reliance on the relevant investment agreement 2.
	When the claimant submits a claim pursuant to paragraph 1 a I b, 1 a I c, 1 b I b or 1 b I c, the respondent may make a counterclaim in connection with the factual and legal basis of the claim or rely on a claim for the purpose of a set-off against the claimant 32.
	3 at least 90 days before submitting any claim to arbitration under this section, the claimant shall deliver to the respondent a written notice of its intention to submit a claim to arbitration.
	Notice of intent.
	The notice shall specify, a the name and address of the claimant and if a claim is submitted on behalf of an enterprise, the name, address and place of incorporation of the enterprise.
	B for each claim, the provision of this agreement, investment authorization or investment agreement alleged to have been breached and any other relevant provisions.
	C the legal and factual basis for each claim and.
	D the relief sought and the approximate amount of damages claimed for.
	The claimant may submit a claim referred to in paragraph 1 under one of the following alternatives, a the Excite convention and the Excite rules of procedure for arbitration proceedings, provided that both the respondent and the party of the claimant are parties to the Excite convention 32.
	In the case of investment authorizations, this paragraph shall apply only to the extent that the investment authorization, including instruments executed after the date the authorization was granted, creates rights and obligations for the disputing parties, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 9-21.
	B the Excite additional facility rules, provided that either the respondent or the party of the claimant is a party to the Excite convention.
	C the uncitral arbitration rules or d.
	If the claimant and respondent agree, any other arbitral institution or any other arbitration rules 5.
	A claim shall be deemed submitted to arbitration under this section when the claimant s notice of or request for arbitration.
	Notice of arbitration, a referred to in the Exide Convention, is received by the secretary general.
	B referred to in the Excite additional facility rules, is received by the scretor general.
	C referred to in the uncitral arbitration rules, together with the statement of claim referred to therein, are received by the respondent or.
	D referred to under any arbitral institution or arbitration rules selected under paragraph 4.
	D is received by the respondent.
	A claim asserted by the claimant for the first time after such notice of arbitration is submitted shall be deemed submitted to arbitration under this section on the date of its receipt under the applicable arbitration rules 6.
	The arbitration rules applicable under paragraph 4 that are in effect on the date the claim or claims were submitted to arbitration under this section shall govern the arbitration, except the the extent modified by this agreement 7.
	The claimant shall provide with the notice of arbitration, a.
	The name of the arbitrator that the claimant appoints, or b.
	The claimant has written consent for the secretary general to appoint that arbitrator.
	Article 9.19, consent of each party to arbitration one.
	Each party consents to the submission of a claim to arbitration under this section in accordance with this agreement subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 9-22 2.
	The consent under paragraph 1 and the submission of a claim to arbitration under this section shall be deemed to satisfy the requirements of a chapter 2 of the Excite Convention, jurisdiction of the center and the Ixide additional facility rules for written consent of the parties to the dispute.
	B article 2 of the New York Convention For an agreement in writing and.
	C article I of the Inter-american Convention For An Agreement article 9.20 conditions and limitations on consent of each party 1.
	No claim shall be submitted to arbitration under this section if more than three years and six months have elapsed from the date on which the claimant first acquired, or should have first acquired, knowledge of the breach alleged under Article 9.18.1, submission of a claim to arbitration, and knowledge that the claimant, for claims brought under Article 9.18.1, or the enterprise,
	for claims brought under Article 9.18.1, or the enterprise, 9.18.1 b has incurred loss or damage.
	2.
	No claim shall be submitted to arbitration under this section unless the claimant consents in writing to arbitration in accordance with the procedures set out in this agreement, and b. The notice of arbitration is accompanied. I, for claims submitted to arbitration under Article 9.18.1, a. Submission of a claim to arbitration,
	by the claimant's written waiver, and 2. For claims submitted to arbitration under Article 9.18.1, b. Submission of a claim to arbitration, by the claimant S and the Enterprise S written waivers, of any right to initiate or continue before any court or administrative tribunal. Under the law of a party, or any other dispute settlement procedures,
	any proceeding with respect to any measure alleged to constitute a breach referred to. In Article 9.18, submission of a claim to arbitration. 3. Notwithstanding paragraph 2, b,
	the claimant, for claims brought under article 9.18.1, a, submission of a claim to arbitration, and the claimant or the enterprise, for claims brought. Under Article 9.18.1, b, may initiate or continue an action that seeks interim injunctive relief and does not involve the payment of monetary damages before a judicial or administrative tribunal of the respondent,
	provided that the action is brought for the sole purpose of preserving the claimant S or the Enterprise S rights and interests during the pendency of the arbitration. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-23. Article 9.21,
	Selection of Arbitrators. 1. Unless the disputing parties agree otherwise, the tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third,
	who shall be the presiding arbitrator, appointed by agreement of the disputing parties. 2. The Secretary-General shall serve as appointing authority for an arbitration under this section. 3. If a tribunal has not been constituted within a period of 75 days after the date that a claim is submitted to arbitration under this section,
	The Secretary-General, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed.
	The Secretary-General shall not appoint a national of either the respondent or the party of the claimant as the presiding arbitrator, unless the disputing parties agree otherwise.
	4.
	For the purposes of Article Article 39 of the EXCITE Convention and Article 7 of Schedule C.
	The EXCITE ADDIDITIONANANANANANL Facility Rules, and without prejudice to an objection to an arbitrator on a ground other than nationality, a.
	The respondent agrees to the appointment of each individual member of a tribunal.
	Established under the EXCITE Convention or the EXCITE ADDIDITIONANINATIONAL Facility Rules.
	B.
	A claimant referred to in Article 9.18.1, A. Submission of a claim to arbitration, may submit a claim to arbitration under this section, or continue a claim under the EXCITE Convention or the EXCITE ADDIDITIONANANANAL Facility Rules,
	only on condition. That the claimant agrees in writing to the appointment of each individual member of the tribunal, and C. A claimant referred to in Article 9.18.1, B. Submission of a claim to arbitration, may submit a claim to arbitration under this section, or continue a claim, under the ECC Convention or the EXCITE ADDIDITIONANANANANANL Facility Rules,
	only on condition that the claimant and the enterprise agree in writing to the appointment of each individual member of the tribunal. 5. In the appointment of arbitrators to a tribunal for claims submitted under Article 9.18.1,
	A, I, B, Submission of a claim to arbitration, Article 9.18.1, B, I, B, Article 9.18.1, A, I, C,
	or Article 9.18.1, B, I, C, Each disputing party shall take into account the expertise or relevant experience of particular candidates with respect to the relevant governing law under Article 9.24.2,
	governing law. If the parties fail to agree on the appointment of the presiding arbitrator, the Secretary General shall also take into account the expertise or relevant experience of particular candidates with respect to the relevant governing law under Article 9.24.2. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-24. 6. The parties shall,
	prior to the entry into force of this agreement, provide guidance on the application of the code of conduct for dispute settlement proceedings under Chapter 28. Dispute Settlement to Arbitrators Selected to Serve on Investor State Dispute Settlement Tribunals. Pursuant to this article, Including any necessary modifications to the Code Of Conduct.
	Conform to the context of investor state dispute settlement.
	The parties shall also provide guidance on the application of other relevant rules or guidelines on conflicts of interest in international arbitration.
	Arbitrators shall comply with that guidance, in addition to the applicable arbitral rules regarding independence and impartiality of arbitrators.
	Article 9.22, Conduct of the Arbitration.
	1.
	The disputing parties may agree on the legal place of any arbitration under the arbitration rules applicable under Article 9.18.4, Submission of a Claim to Arbitration. If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitration rules,
	provided that the place shall be in the territory of a state that is a party to the New York Convention. 2. A non-disputing party may make oral and written submissions to the tribunal regarding the interpretation of this agreement. 3. After consultation with the disputing parties,
	the tribunal may accept and consider written. Amicus Curie submissions regarding a matter of fact or law within the scope of the dispute that. May assist the tribunal in evaluating the submissions and arguments of the disputing parties from a person or entity that is not a disputing party but has a significant interest in the arbitral proceedings. Each submission shall identify the author,
	Disclose any affiliation, direct or indirect, with any disputing party, and identify any person, government or other entity that has provided or will provide any financial or other assistance in preparing the submission.
	Each submission shall be in a language of the arbitration and comply with any page limits and deadlines set by the tribunal.
	The tribunal shall provide the disputing parties with an opportunity to respond to such submissions.
	The tribunal shall ensure that the submissions do not disrupt or unduly burden the arbitral proceedings or unfairly prejudice any disputing party.
	4.
	Without prejudice to a tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within the competence of the tribunal, including an objection to the tribunal's jurisdiction, a tribunal shall address and decide as a preliminary question any objection by the respondent that,
	as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made under Article 9.28 awards, or that a claim is manifestly without legal merit. An objection under this paragraph shall be submitted to the tribunal as soon as possible after the tribunal is constituted,
	and in no event later than the date the tribunal fixes for the respondent to submit its counter-memorial or, in the case of subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-25. An amendment to the notice of arbitration,
	the date the tribunal fixes for the respondent to submit its response to the amendment. b. On receipt of an objection under this paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection. Consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection,
	stating the grounds therefore. C. In deciding an objection under this paragraph that a claim submitted is not a claim. For which an award in favor of the claimant may be made under Article 9.28 awards,
	the tribunal shall assume to be true the claimant's factual allegations in support of any claim in the notice of arbitration or any amendment thereof, and, in disputes brought under the uncitral arbitration rules,
	the statement of claim referred to in the relevant article of the uncitral arbitration rules. The tribunal may also consider any relevant facts not in dispute. D. The respondent does not waive any objection as to competence,
	including an objection to jurisdiction, or any argument on the merits merely because the respondent did or did not raise an objection under this paragraph or make use of the expedited procedure set out in paragraph 5. 5. In the event that the respondent so requests within 45 days after the tribunal is constituted,
	the tribunal shall decide on an expedited basis an objection under paragraph 4 or any objection that the dispute is not within the tribunal's competence, including an objection that the dispute is not within the tribunal's jurisdiction. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection, stating the grounds therefore,
	no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested,
	a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period, which may not exceed 30 days. 6. When the tribunal decides a respondent's objection under paragraph 4 or 5,
	it may, if warranted, award to the prevailing disputing party reasonable costs and attorney's fees incurred. In submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claimant's claim or the respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. 7. For greater certainty,
	if an investor of a party submits a claim under this section, including a claim alleging that a party breached Article 9.6, minimum standard of treatment, the investor has the burden of proving all elements of its claims, consistent with general principles of international law applicable to international arbitration. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 9-26. 8. A respondent may not assert as a defense, counterclaim,
	right of set-off or for any other reason, that the claimant has received or will receive indemnification or other compensation for order part of the alleged damages pursuant to an insurance or guarantee contract. 9. A tribunal may order an interim measure of protection to preserve the rights of a disputing party,
	or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 9.18,
	submission of a claim to arbitration. For the purposes of this paragraph, an order includes a recommendation. 10. In any arbitration conducted under this section, at the request of a disputing party,
	a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties. Within 60 days after the tribunal transmits its proposed decision or award, The disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award.
	The tribunal shall consider any comments and issue its decision or award no later than 45 days after the expiration of the 60-day comment period.
	11.
	In the event that an appellate mechanism for reviewing awards rendered by investor state dispute settlement tribunals is developed in the future under other institutional arrangements, the parties shall consider whether awards rendered under Article 9.28 awards should be subject to that appellate mechanism.
	The parties shall strive to ensure that any such appellate mechanism they consider adopting provides for transparency of proceedings similar to the transparency provisions established in Article 9.23, Transparency of Arbitral Proceedings. Article 9.23, Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall,
	after receiving the following documents, promptly transmit them to the non-disputing parties and make them available to the public, A. The notice of intent. B. The Notice of Arbitration. C. Pleadings, Memorials and Briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 9.22.2, Conduct of the Arbitration,
	and Article 9.22.3 and Article 9.27, Consolidation. D. Minutes or Transcripts of Hearings of the Tribunal, if available, and E. Orders, awards and decisions of the Tribunal. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 9-27. 2. The tribunal shall conduct hearings open to the public and shall determine, in. Consul, subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-1. Chapter 10. Cross-border trade in services. Article 10.1,
	Definitions. For the purposes of this chapter, airport operation services means the supply of air terminal, airfield and other airport. Infrastructure operation services on a fee or contract basis. Airport operation services do not. Include air navigation services,
	computer reservation system services means services provided by computerized systems. That contain information about air carriers schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued. Cross-border trade-in services or cross-border supply of services means the supply of a service. A,
	from the territory of a party into the territory of another party. B. in the territory of a party to a person of another party, or C. By a national of a party in the territory of another party, but does not include the supply of a service in the territory of a party by a covered investment. Enterprise means an enterprise as defined in Article 1.3, general definitions, and a branch of an enterprise,
	enterprise of a party means an enterprise constituted or organized under the laws of a party, or a branch located in the territory of a party and carrying out business activities there. Ground handling services means the supply at an airport on a fee or contract basis of the following services,
	airline representation, administration and supervision, passenger handling, baggage handling, ramp services, catering, except the preparation of the food, air, cargo and mail handling, fueling of an aircraft, aircraft servicing and cleaning, surface, transport, and flight operations, crew administration and flight planning. Ground handling. Services do not include, self-handling,
	security, line maintenance, aircraft repair and maintenance, or management or operation of essential centralized airport infrastructure, such as dricing facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport systems, subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 10-2. Measures adopted or maintained by a party means measures adopted or maintained by a central, regional or local governments or authorities,
	or b non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities, selling and marketing of air transport services means opportunities for the air carrier. Concerned to sell and market freely its air transport services including all aspects of marketing such as market research,
	advertising and distribution. These activities do not include the pricing of air transport services or the applicable conditions. Service supplied in the exercise of governmental authority means, for each party, any service that is supplied neither on a commercial basis nor in competition with one or more. Service suppliers. Service supplier of a party means a person of a party that seeks to supply or supplies a service,
	and specialty air services means any specialized commercial operation using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial firefighting, flight training, sightseeing,
	spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter lift for logging and construction, and other airborne agricultural, industrial and inspection services. Article 10.2,
	Scope. 1. This chapter shall apply to measures adopted or maintained by a party affecting. Cross-border trade in services by service suppliers of another party. Such measures include. Measures affecting the production, distribution, marketing, sale or delivery of a service. B. The purchase or use of, or payment for, a service. C. The access to an use of distribution,
	transport or telecommunications. Networks and services in connection with the supply of a service. D. The presence in the party S territory of a service supplier of another party, and E. The provision of a bond or other form of financial security as a condition for the supply of a service. 2. In addition to paragraph 1, subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-3. A. Article 10.5, Market Access,
	Article 10.8, Domestic Regulation, and Article 10.11, Transparency, shall also apply to measures adopted or maintained by a party affecting the supply of a service in its territory by a covered investment one. And B. Annex 10B,
	Express Delivery Services, shall also apply to measures adopted or maintained by a party affecting the supply of express delivery services, including by a covered investment. 3. This chapter shall not apply to financial services as defined in Article 11.1,
	definitions, except that. Paragraph 2, A, shall apply if the financial service is supplied by a covered investment that is not a covered investment in a financial institution as defined. In Article 11.1,
	Definitions, in the party S territory. B. Government procurement. C. Services supplied in the exercise of governmental authority, or D. Subsidies or grants provided by a party,
	including government-supported loans, guarantees and insurance. 4. This chapter does not impose any obligation on a party with respect to a national of another party who seeks access to its employment market or who is employed on a permanent basis in its territory,
	and does not confer any right on that national with respect to that access or employment. 5. This chapter shall not apply to air services, including domestic and international air transportation services, whether scheduled or non-scheduled, or to related services in support of air services, other than the following. A. Aircraft repair and maintenance services during which an aircraft is withdrawn from service,
	excluding so-called line maintenance. B. Selling and marketing of air transport services. C. Computer reservation system services. D. Specialty Air Services. E. Airport Operation Services,
	and. 1. For. Greater certainty. Nothing in this chapter, including Annexes 10, Professional Services, 10B, Express, Delivery Services, and 10C, Non-Conforming Measures Ratchet Mechanism, is subject to investor state. Dispute settlement pursuant to Section B of Chapter 9, Investment. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-4. F. Ground Handling Services. 6. In the event of any inconsistency between this chapter and a bilateral,
	plurilateral or multilateral air services agreement to which two or more parties are party, the air services. Agreement shall prevail in determining the rights and obligations of those parties that are party to that air services agreement. 7. If two or more parties have the same obligations under this agreement in the bilateral,
	plurilateral or multilateral air services agreement, those parties may invoke the dispute settlement procedures of this agreement only after any dispute settlement procedures in the other agreement have been exhausted. 8. If the annex on air transport services of Gaz is amended,
	the parties shall jointly review any new definitions with a view to aligning the definitions in this agreement with those definitions, as appropriate. Article 10.3, National Treatment 2. 1. Each party shall accord to services and service suppliers of another party treatment no. Less favorable than that it accords, in like circumstances,
	to its own services and service suppliers. 2. For greater certainty, the treatment to be accorded by a party under paragraph 1. Means, with respect to a regional level of government,
	treatment no less favorable than the most favorable treatment accorded, in like circumstances, by that regional level of government to service suppliers of the party of which it forms a part. Article 10.4, most favored nation treatment. Each party shall accord to services and service suppliers of another party treatment no. Less favorable than that it accords, in like circumstances,
	to services and service suppliers of any other party or a non-party. Article 10.5, market access. No party shall adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire territory, measures that imposed limitations on, 2. For greater certainty,
	whether treatment is accorded in like circumstances under Article 10.3, National Treatment, or Article 10.4, Most Favored Nation Treatment, depends on the totality of the circumstances, including whether the relevant treatment distinguishes between services or service suppliers on the basis of legitimate public welfare objectives. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-5. I. The number of service suppliers, whether in the form of numerical quotas, monopolies, Exclusive service suppliers, or the requirement of an economic needs test.
	2.
	The total value of service transactions or assets in the form of numerical quotas, or the requirement of an economic needs test.
	3.
	The total number of service operations or the total quantity of service output expressed in terms of designated numerical units, in the form of quotas or the requirement of an economic needs test.
	3 or 4.
	The total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to,
	the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test, or b restrict or require specific types of legal and entity or joint venture through which a service supplier may supply a service. Article 10.6,
	local presence. No party shall require a service supplier of another party to establish or maintain a representative office or any form of enterprise or to be resident in its territory as a condition for the cross-border supply of a service. Article 10.7,
	non-conforming measures. 1. Article 10.3, National Treatment, Article 10.4, Most Favored Nation Treatment, Article 10.5, Market Access, and Article 10.6,
	Local Presence, shall not apply to any existing non-conforming measure that is maintained by a party at I. The central level of government as set out by that party in its schedule. To annex I. 2. A regional level of government as set out by that party in its schedule. To annex I,
	or. 3. Local level of government. 3. Separagraph. A. 3. Does not cover measures of a party which limit inputs for the supply of services. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-6. b. The continuation or prompt renewal of any non-conforming measure referred. To in SAPARAGRAPHAL or C. An amendment to any non-conforming measure referred to in SAPARAGRAPH. A,
	to the extent that the amendment does not decrease the conformity of a measure, as it existed immediately before the amendment, with Article 10.3. National Treatment, Article 10.4, Most Favored Nation Treatment, Article 10.5, Market Access, or Article 10.6, Local Presence. 4. 2. Article 10.3, National Treatment,
	Article 10.4, Most Favored Nation Treatment, Article 10.5, Market Access, and Article 10.6, Local Presence,
	shall not apply to any measure that a party adopts or maintains with respect to sectors, subsectors or activities, as set out by that party in its schedule to annex 2. 3. If a party considers that a non-conforming measure applied by a regional level of government of another party,
	as referred to in SAPARGRAP 1, A, 2, creates a material impediment to the cross-border supply of services in relation to the former party, it may request consultations with regard to that measure. These parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate.5. Article 10.8,
	Domestic Regulation.
	1.
	Each party shall ensure that all measures of general application affecting trading services are administered in a reasonable, objective and impartial manner.
	Two, with a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade and services.
	While recognizing the right to regulate and to introduce new regulations on the supply of services in order to meet its policy objectives, each party shall endeavor to ensure that any such measures that it adopts or maintains are based on objective and transparent criteria, such as competence and the ability to supply the service, and.
	B in the case of licensing procedures, not in themselves, a restriction on the supply of the service for, with respect to the name annexed, tension applies.
	Five, for greater certainty, a party may request consultations with another party regarding non-conforming measures applied by the central level of government, as referred to in so paragraph 1, a.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	10-7, 3.
	In determining whether a party is in conformity with its obligations under paragraph 2, account shall be taken of international standards of relevant international organizations applied by that party.
	6, 4.
	If a party requires authorization for the supply of a service.
	It shall ensure that its competent authorities, within a reasonable period of time after the submission of an application considered complete under its laws and regulations, inform the applicant of the decision concerning the application.
	B to the extent practicable, establish an indicative time frame for the processing of an application.
	C if an application is rejected, to the extent practicable, inform the applicant of the reasons for the rejection, either directly or on request, as appropriate.
	D on request of the applicant, provide without undue delay information concerning the status of the application.
	E to the extent practicable, provide the applicant with the opportunity to correct minor errors and omissions in the application and endeavor to provide guidance on the additional information required and.
	F if they deem appropriate, accept copies of documents that are authenticated in accordance with the party's laws, in place of original documents.
	Five, each party shall ensure that any authorization fee charged by any of its competent authorities is reasonable transparent, Transparent and does not, in itself, restrict the supply of the relevant service. 7. 6. If licensing or qualification requirements include the completion of an examination,
	Each party shall ensure that the examination is scheduled at reasonable intervals, and b.
	A reasonable period of time is provided to enable interested persons to submit an application.
	7.
	Each party shall ensure that there are procedures in place domestically to assess the competency of professionals of another party.
	6.
	Relevant international organizations refers to international bodies whose membership is open to the relevant bodies of at least all parties to the agreement.
	7.
	For the purposes of this paragraph, authorization fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish, and French versions. 10-8. 8. Paragraphs 1 through 7 shall not apply to the non-conforming aspects of measures. That are not subject to the obligations under Article 10.3,
	National Treatment, or Article 10.5. Market access, by reason of an entry in a party S schedule to annex I, or to measures that are not subject to the obligations under Article 10.3,
	National Treatment, or Article 10.5. Market access, by reason of an entry in a party S schedule to annex II. 9. If the results of the negotiations related to paragraph 4 of Article 6 of GAAS,
	or the results of any similar negotiations undertaken in other multilateral fora in which the parties participate, enter into effect, the parties shall jointly review these results with a view to bringing them into effect,
	as appropriate, under this agreement. Article 10.9, Recognition. 1. For the purposes of the fulfillment, in whole or in part, of a party's standards or criteria for the authorization, licensing or certification of service suppliers, and subject to the requirements of paragraph 4, it may recognize the education or experience obtained, requirements met,
	or licenses or certifications granted, in the territory of another party or a non-party. That recognition, which may be achieved through harmonization or otherwise, may be based on an agreement or arrangement with the party or non-party concerned, or may be accorded autonomously. 2. If a party recognizes, autonomously or by agreement or arrangement,
	the education or experience obtained, requirements met, or licenses or certifications granted, in the territory of another party or a non-party, nothing in Article 10.4, most favored nation treatment, shall be construed to require the party to accord recognition to the education or experience obtained, requirements met, or licenses or certifications granted,
	in the territory of any other party. 3. A party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity to another party, on request, to negotiate its accession to that agreement or arrangement, or to negotiate a complimental agreement or arrangement. If a party accords recognition autonomously,
	It shall afford adequate opportunity to another party to demonstrate that education, experience, licenses or certifications obtained or requirements met in that other party's territory should be recognized.
	4.
	A party shall not accord recognition in a manner that would constitute a means of discrimination between parties or between parties and non-parties in the application of its standards or criteria for the authorization, licensing or certification of service suppliers, or a disguised restriction on trading services. 5. As set out in Annex 10, professional services,
	the parties shall endeavor to facilitate trade in professional services, including through the establishment of a professional services working group. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish, and French versions. 10-9. Article 10.10, Denial of Benefits. 1. A party may deny the benefits of this chapter to a service supplier of another party if the service supplier is an enterprise owned or controlled by persons of a non-party,
	And the denying party adopts or maintains measures with respect to the non-party or a person of the non-party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this chapter were accorded to the enterprise.
	2.
	A party may deny the benefits of this chapter to a service supplier of another party if the service supplier is an enterprise owned or controlled by persons of a non-party or by persons of the denying party that has no substantial business activities in the territory of any party other than the denying party.
	Article 10.11, transparency. 1. Each party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons regarding its regulations that relate to the subject matter of this chapter. 8. 2. If a party does not provide advance notice and opportunity for comment pursued the Article 26.2.2,
	publication, with respect to regulations that relate to the subject matter in this chapter, it shall, to the extent practicable, provide in writing or otherwise notify interested persons of the reasons for not doing so. 3. To the extent possible, each party shall allow reasonable time between publication of final regulations and the date when they enter into effect. Article 10.12,
	Payments and Transfers 9.
	1.
	Each party shall permit all transfers and payments that relate to the cross-border supply of services to be made freely and without delay in the land out of its territory.
	2.
	Each party shall permit transfers and payments that relate to the cross-border supply of services to be made in a freely usable currency at the market rate of exchange that prevails at the time of transfer.
	3.
	Notwithstanding paragraphs 1 and 2, a party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws 10. That relate to 8. The implementation of the obligation to maintain or establish appropriate mechanisms may need to take into account the resource and budget constraints of small administrative agencies. 9. For greater certainty,
	this article is subject to Annex 9e, Transfers. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions.
	10-10.
	A. Bankruptcy, insolvency or the protection of the rights of creditors.
	B issuing, trading or dealing in securities, futures options or derivatives.
	C financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities.
	D criminal or penal offenses or.
	E ensuring compliance with orders or judgments in judicial or administrative proceedings.
	Article 10.13 other matters.
	The parties recognize the importance of air services in facilitating the expansion of trade and enhancing economic growth.
	Each party may consider working with other parties in appropriate for her toward liberalizing air services, such as through agreements allowing air carriers to have flexibility to decide on their routing and frequencies 10.
	For greater certainty, this article does not preclude the equitable, non-discriminatory and good faith application of a party's laws relating to its social security, public retirement or compulsory savings programs.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 10-11 annexed.
	10 are professional services, general provisions.
	One, each party shall consult with relevant bodies in its territory to seek to identify professional services when two or more parties are mutually interested in establishing dialogue on issues that relate to the recognition of professional qualifications, licensing or registration 2.
	Each party shall encourage its relevant bodies to establish dialogues with the relevant bodies of other parties with a view to recognizing professional qualifications and facilitating licensing or registration procedures 3.
	Each party shall encourage its relevant bodies to take into account agreements that relate to professional services in the development of agreements on the recognition, recognition of professional qualifications, licensing and registration for.
	A party may consider, if feasible, taking steps to implement a temporary or project specific licensing or registration regime based on a foreign supplier's home license or recognized professional body membership, without the need for further written examination.
	The temporary or limited license regime should not operate to prevent a foreign supplier from gaining a local license once that supplier satisfies the applicable local licensing requirements.
	Engineering and architectural services.
	5.
	Further to paragraph 3, The parties recognize the work in APEC to promote the mutual recognition of professional competence in engineering and architecture and the professional mobility of these professions under the APEC engineer and APEC architect frameworks.
	6.
	Each party shall encourage its relevant bodies to work towards becoming authorized to operate APEC engineer and APEC architect registers.
	7.
	A party shall encourage its relevant bodies operating APEC engineer or APEC architect registers to enter into mutual recognition arrangements with the relevant bodies of other parties operating those registers.
	Temporary licensing or registration of engineers.
	8.
	Further to paragraph 4, in taking steps to implement a temporary or project specific licensing or registration regime for engineers, a party shall consult with its relevant professional bodies with respect to any recommendations for subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	10-12.
	A.
	The development of procedures for the temporary licensing or registration of engineers of another party to permit them to practice their engineering specialties in its territory.
	B.
	The development of model procedures for adoption by the competent authorities throughout its territory to facilitate the temporary licensing or registration of those engineers c.
	The engineering specialties to which priority should be given in developing temporary licensing or registration procedures and d.
	Other matters relating to the temporary licensing or registration of engineers identified in the consultations.
	Legal services.
	Nine, the parties recognize that transnational legal services that cover the laws of multiple jurisdictions play an essential role in facilitating trade and investment and in promoting economic growth and business confidence.
	10, if a party regulates or seeks to regulate foreign lawyers and transnational legal practice, the party shall encourage its relevant bodies to consider, subject to its laws and regulations, whether or in what manner. A foreign lawyers may practice foreign law on the basis of their right to practice that law in their home jurisdiction. B. Foreign lawyers may prepare for and appear in commercial arbitration,
	conciliation and mediation proceedings. C. Local ethical conduct and disciplinary standards are applied to foreign lawyers. In a manner that is no more burdensome for foreign lawyers than the requirements imposed on domestic host country lawyers. D. Alternatives for minimum residency requirements are provided for foreign lawyers,
	such as requirements that foreign lawyers disclose to clients their status as a foreign lawyer, or maintain professional indemnity insurance or alternatively disclose to clients that they lack that insurance. e. The following modes of providing transnational legal services are accommodated. I. On a temporary fly-in,
	fly-out basis. 2. Through the use of web-based or telecommunications technology. 3. By establishing a commercial presence and subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish, and French versions. 10-13. 4. Through a combination of fly-in, fly-out,
	and one or both of the other. Modes listed in sub-paragraphs 2 and 3. F. Foreign lawyers and domestic, host-country, lawyers may work together in the delivery of fully integrated transnational legal services,
	and G. A foreign law firm may use the firm name of its choice. Professional Services Working Group. 11. The parties hereby establish a professional services working group, working group, composed of representatives of each party, to facilitate the activities listed in paragraphs 1 through 4. 12. The working group shall liaise, as appropriate,
	to support the parties' relevant professional and regulatory bodies in pursuing the activities listed in paragraphs 1 through 4. This support may include providing points of contact, facilitating meetings and providing information regarding regulation of professional services in the party's territories. 13. The working group shall meet annually, or as agreed by the parties,
	To discuss progress towards the objectives in paragraphs 1 through 4.
	For a meeting to be held, at least two parties must participate.
	It is not necessary for representatives of all parties to participate in order to hold a meeting of the working group.
	14.
	The working group shall report to the Commission on its progress and on the future direction of its work within two years of the date of entry into force of this agreement.
	15.
	Decisions of the working group shall have effect only in relation to those parties that participated in the meeting at which the decision was taken, except if otherwise agreed by all parties, or b a party that did not participate in the meeting requests to be covered by the decision and all parties originally covered by the decision agree subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-14. Annex 10B. Express Delivery Services. 1. For the purposes of this annex, express delivery services means the collection, transport and delivery of documents, printed matter, parcels, goods or other items, on an expedited basis,
	while tracking and maintaining control of these items throughout the supply of the service. Express delivery services do not include air transport services, services supplied in the exercise of governmental authority,
	or maritime transport services.11. 2. For the purposes of this annex, postal monopoly means a measure maintained by a party making a postal operator within the party's territory the exclusive supplier of specified collection, transport and delivery services. 3. Each party that maintains a postal monopoly shall define the scope of the monopoly. On the basis of objective criteria,
	including quantitative criteria such as price or weight thresholds. 12. 4. The parties confirm their desire to maintain at least the level of market openness for express delivery services that each provides on the date of its signature of this agreement. If a party considers that another party is not maintaining that level of market openness,
	it may request consultations. The other party shall afford adequate opportunity for consultations and, to the extent possible, provide information in response to inquiries regarding the level of market openness and any related matter. 11. For greater certainty,
	express delivery services does not include. A. For Australia, services reserved for exclusive supply by Australia Post as set out in the Australian Postal Corporation Act 1989 and its subordinate legislation and regulations. B. For Brunei der Russell AIM,
	reserved exclusive rights for collection and delivery of letters by the Postal Services Department as set out in the Post Office Act, Chapter 52 of the Laws of Brunei, the Guidelines to Application of License for the Provision Local Express Letter Service, 2000, and the Guidelines to Application of License for the Provision of International Express Letter Service,
	2000. C. For Canada, Services Reserved for Exclusive Supply by Canada Post Corporation as set out in the Canada Post Corporation Act and its regulations. D. For Japan, correspondence delivery services within the meaning of the law concerning correspondence delivery provided by private operators, Law No. 99, 2002,
	other than special correspondence delivery services are set out in Article 2, Paragraph 7 of the Law. E. For Malaysia, reserved. Exclusive rights for collection and delivery of letters by POS Malaysia as provided for under the Postal Services. Act 2012. F. For Mexico,
	mail services reserved for exclusive supply by the Mexican Postal Service are set out in the Mexican Postal Laws and Regulations, as well as motor carrier freight transportation services, as set forth in Title III at the Roads, Bridges, and Federal Motor Carrier Transportation Law and its Regulations. G. For new Zealand,
	the fast post service and equivalent priority domestic mail services. H. For Singapore, Postal Services as set out in the Postal Services Act, CAP 237A, 2000 and certain express letter services which are administered under the Postal Services, Class License, Regulations 2005. I, for the United States,
	delivery of letters over post routes subject to 18 U.S.C. 1693-1699 and 39 U.S.C. 601-606, but does include delivery of letters subject to the exceptions therein, and, J, for Vietnam, reserved services are set out in Vietnam postal law and relevant legal documents. 12 For greater certainty,
	the parties understand that the scope of Chile's postal monopoly is defined on the basis of objective criteria by Decree 5037, 1960, and the ability of suppliers to supply delivery services in Chile is not limited by this decree. Subject to legal review in English, Spanish and French. For accuracy, Clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	10-15.
	5.
	No party shall allow a supplier of services covered by a postal monopoly to cross-subsidize its own or any other competitive supplier's express delivery services with revenues derived from monopoly postal services.
	13.6.
	Each party shall ensure that any supplier of services covered by a postal monopoly does not abuse its monopoly position to act in the party's territory in a manner inconsistent with the party's commitments under Article 9.4, National Treatment,
	Article 10.3, National Treatment, or Article 10.5, Market Access, with respect to the supply of express delivery services. 14.7. No party shall require an express delivery service supplier of another party, As a condition of authorization or licensing, to supply a basic universal postal service, or.
	B assess fees or other charges exclusively on express delivery service suppliers for the purpose of funding the supply of another delivery service.
	15.
	8.
	Each party shall ensure that any authority responsible for regulating express delivery services is not accountable to any supplier of express delivery services, and that the decisions and procedures that the authority adopts are impartial, non-discriminatory and transparent.
	With respect to all express delivery service suppliers in its territory.
	13.
	In the case of Vietnam, this obligation shall not apply until three years after the date of entry into force of this agreement for it. During this period, if a party considers that Vietnam is allowing such cross-subsidization,
	it may request consultations. Vietnam shall afford adequate opportunity for consultations and, to the extent possible, shall provide information in response to inquiries regarding the cross-subsidization. 14. For greater certainty, A supplier of services covered by a postal monopoly that exercises a right or privilege.
	Incidental to or associated with its monopoly position in a manner that is consistent with the party's commitments listed in this paragraph with respect to express delivery services is not acting in a manner inconsistent with this paragraph.
	15.
	This paragraph shall not be construed to prevent a party from imposing non-discriminatory fees on delivery service suppliers on the basis of objective and reasonable criteria, or from assessing fees or other charges on the express delivery services of its own supplier of services covered by a postal monopoly.
	Subject to legal review.
	In English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 10-16. Annex 10C. Non-conforming measures ratchet mechanism. Notwithstanding Article 10.7.1,
	C. Non-conforming measures, a Vietnam for three years after the date of entry into force of this agreement for it. A. Article 10.3, National Treatment, Article 10.4,
	Most Favored Nation. Treatment, Article 10.5, Market Access, and Article 10.6, Local Presence, shall not apply to an amendment to any non-conforming measure referred to in. Article 10.7.1, A. Non-conforming measures, to the extent that the amendment does not decrease the conformity of the measure, as it existed at the date of entry into force of this agreement for Vietnam,
	with Article 10.3. National Treatment, Article 10.4, Most Favored Nation Treatment, Article 10.5, Market Access, or Article 10.6,
	Local Presence. B. Vietnam shall not withdraw a right or benefit from a service supplier of another party, in reliance on which the service supplier has taken any concrete action. 16 Through an amendment to any non-conforming measure referred to in Article 10.7.1,
	a non-conforming measures, that decreases the conformity of the measure as it existed immediately before the amendment, and C. Vietnam shall provide to the other parties the details of any amendment. Any non-conforming measure referred to in Article 10.7.1,

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