GATS means the General Agreement on Trade in Services, which is part of the WTO Agreement; GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement.
TRADE IN GOODS
Scope
National Treatment
Each Party shall make available, via the Internet or a comparable computer-based telecommunications network, detailed information on the fees and charges it imposes in connection with imports and exports. Neither Party may adopt or maintain non-tariff measures on imports of goods from the other Party or exports of goods destined for the other Party, except in accordance with its WTO.
RULES OF ORIGIN
Definitions
Originating Goods
A change in tariff classification under Schedule 2 (PSR Classification) requires that non-originating materials be used in the manufacture of the good. CIF is the value in CIF terms of non-originating materials (including materials of undetermined origin).
Accumulation
De Minimis
Direct Consignment
If the goods are subject to a regional value content requirement, the value of the packaging materials and containers in which the goods are packed for retail sale shall be taken into account in the calculation as originating material or non-originating material, as the case may be. regional value content of the good. Notwithstanding paragraph 1 of this article, if the goods are subject to a regional value content requirement, the value of accessories, spare parts, tools and instructional materials or other information presented with the goods shall be considered as originating or non-originating goods. materials, depending on the case, when calculating the content of the regional value of the goods.
Indirect Materials
In determining whether a good is an originating good, any interchangeable material must be distinguished from: a) physical separation of goods; or. b) an inventory management method recognized in the generally accepted accounting principles of the exporting Party. Identical or interchangeable materials are goods or materials that are interchangeable for commercial purposes, the properties of which are essentially identical and between which it is impractical to differentiate by simple visual examination.
Compliance
Definitions
The declaration of origin and the certificate of origin shall be in the form specified in the implementing arrangement on operational rules of origin attached to this chapter. Minor inconsistencies between the wording of the declaration or the certificate of origin and the information given on the export invoice cannot in themselves lead to the rejection of any claim for preferential customs treatment.
Records
Third-Party Invoicing
Verification of Origin
Decision on Origin
Objectives
For the purposes of this Chapter: customs law means any legislation administered, enforced or enforced by the customs administration of a Party. customs procedure means the treatment applied by any customs administration to goods subject to customs control; and. express consignment means all goods imported by an enterprise operating a consignment service for the rapid international movement of goods, which assumes responsibility to customs for those goods.
Facilitation
Customs Valuation
Tariff Classification
Advance Rulings
A party may reject requests for advance ruling if the additional information it requests in accordance with subsection 2, letter c), is not given within a specified time. Subject to paragraph 5, each Party shall apply an advance ruling to all imports of goods described in this Decision that are imported within a period of at least three years from the date of this Decision.
Release of Goods
Risk Management
Review and Appeal
The customs administrations of the Parties may assist each other by providing information on the following: a) the implementation and operation of this chapter;. Customs administrations may consult each other on any trade facilitation issues arising from procedures to secure trade between the Parties.
General Provisions
Consultations
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the WTO Agreement. The objectives of this chapter are to:. a) maintain and improve the implementation of the SPS Agreement and the use of appropriate international standards, guidelines and recommendations developed by Codex, EIA, and under the framework of the IPPC;.
Scope
If implementing arrangements have been adopted, they apply to trade between the parties. The competent authorities of the parties are the authorities responsible for implementing matters within the scope of this chapter.
Equivalence
Upon request, the importing Party shall notify the exporting Party of the progress of their specific determination request. The importing party shall also inform the exporting party of any unexpected delays that may occur during the process.
Verification
A Party's consideration of a request by the other Party for recognition of the equivalence of its measures with respect to a specific product is not in itself a reason to interrupt or suspend ongoing imports by that Party of that product.
Certification
Import Checks
The Parties may determine the frequency of import controls in an implementing arrangement and in that case they will be applied accordingly. If import controls reveal non-compliance with the relevant standards and/or requirements, the measures taken by the importing party should be proportionate to the risk involved.
Cooperation
The Parties may modify the frequency of these import inspections based on experience gained through import inspections or otherwise, or on the basis of measures or consultations under this Chapter. Upon request and by mutual agreement, the testing of the preserved sample may be carried out in a procedure mutually agreed upon by the parties.
Notification
The Parties shall establish a Joint Management Committee which shall include representatives from the competent authorities of the Parties. The Committee shall meet within one year of the entry into force of this Agreement and at least annually thereafter or as mutually determined by the Parties.
Objectives
Definitions
Pursuant to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the other Party no less favorable treatment than it accords to conformity assessment bodies. located in its own jurisdiction. In this regard, a Party may: a) implement mutual recognition of the results of conformity assessment procedures carried out by bodies located in the other Party in relation to specific technical regulations;
COMPETITION
The Parties acknowledge that certain exemptions and exceptions from their respective competition regimes may be necessary to achieve other legitimate policy objectives. The parties recognize that misleading and deceptive conduct that harms or is likely to harm consumers increasingly transcends national borders.
Consultations
The objectives of this chapter are:. a) encouraging the use of e-commerce to assist in the timeliness and cost reduction of commercial transactions; Each Party shall endeavor to implement initiatives that envisage the use of paperless trading.
Customs Duties
In working towards the implementation of initiatives that envisage the use of paperless trade, each Party shall take into account the methods agreed upon by relevant international organizations, including the World Customs Organization.
Consultations
The objectives of this chapter are:. (a) promoting the importance of intellectual property rights in promoting trade in goods and services, innovation and economic, social and cultural development; TRIPS Agreement means the Agreement on Trade-related Aspects of Intellectual Property Rights, which is part of the WTO Agreement.
General Provisions
Each Party must also maintain transparent rules, effective and non-discriminatory enforcement mechanisms and access to prompt remedies consistent with the obligations applicable to each Party under the TRIPS Agreement. Consistent with the obligations applicable to each Party under the TRIPS Agreement, each Party shall maintain an effective framework for the enforcement of intellectual property rights, including through:. a) the provision of fair and just civil procedures for the private enforcement of rights.
Contact Points
All matters relating to intellectual property rights in this Agreement shall be interpreted and applied in accordance with the intent and purpose of this Chapter, unless the context otherwise requires.
Cooperation
The grounds for opposing or canceling the registration or designation of a geographical indication shall include the following: a) the geographical indication is likely to cause confusion with a trademark or geographical indication which is the subject of a pre-existing good faith pending application or registration in such Party;. This Chapter does not apply to: a) the purchase or acquisition of goods and services by an entity of a Party from another entity of that Party, except where tenders are requested, in which case this Chapter applies;.
Definitions
Entities of each Party shall not, at any stage of procurement, prepare, design, or otherwise structure or distribute any procurement to avoid the obligations of this Chapter. When calculating the value of contracts for the purposes of implementing this chapter, entities shall base their valuation on the estimated maximum total value of the public contract over its entire duration, including optional purchases, premiums, fees, commissions, interest or other forms of guaranteed payment. for in such contracts. government procurement or public procurement means a process by which entities acquire or obtain goods or services or a combination of both for government purposes and not for commercial sale or resale or use in the production or supply of goods or services for commercial purposes. sale or resale;. procurement measure means any law, regulation, procedure, administrative instruction or practice or any act of the procuring entity in relation to the covered procurement; compensation means any conditions or commitments requiring the use of domestic content, domestic suppliers, technology licensing, technology transfer, investment, countertrade or similar measures to promote local development or improve the Party's balance of payments accounts;. an open tender is a method of ordering in which all interested bidders can submit an offer; publish means of disseminating information in an electronic or paper medium that is widely distributed and readily accessible to the general public; qualified supplier means a supplier recognized by the entity as meeting the conditions for cooperation; selective tender means a method of ordering in which the entity invites only bidders who meet the conditions for participation to submit a bid; services include construction services unless otherwise specified; supplier means a natural person of a Party or a company of a Party that provides or could provide goods or services to the entity; and. technical specification means a tender requirement that: a) specifies the characteristics:. i) the goods to be procured, such as quality, performance, safety and dimensions, or the processes and methods for their production; ii) the services to be ordered or the processes and methods for providing them;
Rules of Origin
A supplier's commercial, technical and financial capacity must be assessed against the supplier's global business activity. Entities shall, for a particular procurement, consider those suppliers of the other party who request to participate in the procurement and who are not yet registered or qualified, provided that there is sufficient time to complete the registration or qualification procedures within that time limit , which is allowed for the submission of tenders.
Co-operation
Notwithstanding paragraph 1(b), no compensatory adjustment shall be provided to the other Contracting Party if the Contracting Party amends its Annexes to this Chapter and concerns: a) corrections of a purely formal nature and minor changes to the coverage of entities and/or single electronic access point and/or contact points implemented with an implementation agreement in accordance with paragraph 2(b) of Article 2 (Functions of the Joint Commission) of Chapter 22 (Institutional Provisions); or b) one or more entities over which the Party's control or influence has effectively been eliminated due to corporatization and commercialization or privatization.
INVESTMENT
This Chapter applies to measures adopted or maintained by a Party with respect to: (a) investors of the other Party; In the event of any inconsistency between this chapter and any other chapter, the other chapter shall prevail to the extent of the inconsistency.
National Treatment
7 For greater certainty, the condition of receiving or continuing to receive the benefits referred to in paragraph 2 does not constitute an "obligation or commitment" for the purposes of paragraph 1. a) to achieve a certain level or percentage of domestic content; . Neither Party shall require that a majority of the board of directors or any committee of an enterprise of that Party in which the investment is covered be of a particular nationality or domicile of the Party.
Transfers
Notwithstanding paragraph 1, a Party may prevent or delay a transfer through the fair, non-discriminatory and good faith application of its laws regarding: a) bankruptcy, bankruptcy or protection of creditors' rights; Neither Party may require its investors to transfer or penalize its investors who fail to transfer income, profits, gains or other amounts arising from or attributable to investments in the other Party.
Expropriation 10
If the fair market value is denominated in a freely usable currency, the compensation paid shall not be 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 to the date of expropriation. date of payment. 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 prevailing on the date of payment, will be not less than:. (a) the fair market value on the date of expropriation, converted into freely usable currency at the market rate applicable on that date; plus.
Subrogation
Special Formalities
Notwithstanding Articles 5 (national treatment) and 6 (most-favoured-nation treatment), a Party may require an investor of the other Party or a covered investment to provide information about that investment solely for informational or statistical purposes. The Party shall protect such confidential information from any disclosure that would harm the investor's competitive position or investments by an investor of the other Party.
Denial of Benefits
Nothing in this paragraph shall be construed to prevent a Party from otherwise obtaining or disclosing information relating to the fair and bona fide application of its laws. Nothing in this Chapter shall be construed to prevent any Party from adopting, maintaining, or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that an investment activity is conducted in a manner that takes into account environmental issues. and the company does not have substantial business activities in the other Party; or b) investors of the other Contracting Party, if the investment is carried out by a company that is owned or controlled by persons of the rejecting Contracting Party, and the company does not conduct substantial business in the other Contracting Party.
Scope
The notice of intent shall state:. a) the name and address of the applicant in the dispute and, when relevant, the company;. Unless the disputing parties agree otherwise, the arbitral tribunal shall consist of three arbitrators.
Place of Arbitration
The tribunal shall have the authority to accept and consider written amicus curiae submissions 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. Any disputing party that intends to use information designated as protected information in a trial must so notify the tribunal.
Awards
Each Party shall ensure that a judgment can be recognized and enforced in its jurisdiction. The objectives of this Chapter are: a) facilitate the expansion of cross-border trade in services on a mutually beneficial basis;
Scope
In accordance with Article 5 (Grant of Temporary Entry) of Chapter 14 (Temporary Entry of Business Persons), obligations regarding the presence of natural persons of a Party are set out in each Party's Annex to Annex 6 of Chapter 14 (Temporary Entry ). of business persons). Such measures include measures in respect of:. i) the purchase, payment or use of a service;. ii) the access to and use of, in connection with the provision of a service, services which are required by a Party to be generally offered to the public;. iii) the presence of natural persons of a Party for the provision of a service in the other Party.
Market Access
Notwithstanding paragraph 1, the Parties reserve the right to adopt or maintain any measure granting differential treatment to non-Parties under any bilateral or multilateral international agreement in force or signed before the date of entry into force of this Agreement. The Parties reserve the right to adopt or maintain any measure granting differential treatment to non-Parties under any international agreement in force or signed after the date of entry into force of this Agreement and relating to :
Local Presence
Review
Transparency
Contact Points
Domestic Regulation
Where such procedures are not independent of the agency entrusted with the relevant administrative decision, the Party must ensure that the procedures in fact provide for an objective and impartial review. Each Party shall provide for adequate procedures to verify the competence of professionals of the other Party.
Recognition
Where necessary, the Parties agree to facilitate the establishment of a dialogue between relevant experts, regulators and/or industry bodies to exchange and maintain qualification recognition procedures with the aim of promoting the achievement of qualification recognition and/or professional registration. Such recognition may be achieved through harmonization, recognition of regulatory outcomes, recognition of qualifications and professional registration granted by one Party as a means of meeting the regulatory requirements of the other Party (whether granted independently or by mutual agreement) or recognition arrangements , concluded between the parties and between industrial bodies.
Subsidies
The mere fact of a Party requiring an immigration formality with respect to business persons of the other Party and not those of non-Parties shall not be deemed to nullify or impair the benefits accruing to the other Party under this Chapter. The Parties shall engage in connection with the temporary entry of business persons covered by Article 2 (Scope).
Contact Points
Each party shall promptly publish on the Internet, where possible, or, if not, otherwise make publicly available:. a) the requirements for temporary entry under this Chapter, including explanatory material and relevant forms and documents that will enable business persons of the other Party to become familiar with those requirements. The parties shall immediately notify each other of any change to the details of their contact points.
Dispute Settlement
In the event of incompatibility between this Agreement and the Air Traffic Agreement, the latter shall prevail to the extent of the incompatibility. The Contracting Parties encourage cooperation between their competent authorities with the aim of establishing technical or operational agreements that enable: a) the exchange of information on civil aviation security and environmental matters;.
Dispute Settlement
TRADE AND LABOUR
Key Commitments
After three years, or as otherwise agreed, the Parties shall review the operation and outcomes of this Chapter, and may report the result of this review to the Joint Commission. The parties must prepare a report on their work at the end of each meeting of the parties.
Cooperation
The procurement of collaborative activities will be decided on a case-by-case basis by the parties. The parties will implement the conclusions and recommendations of the joint meeting as soon as practicable.
Consultations
The contact points will call to verify and prepare a summary of the facts relating to the issue before the joint meeting. Co-production films will require joint approval from the competent authorities before the start of filming.
Contributions
If a Party maintains a film co-production agreement with a non-Party, the competent authorities may approve a project for a co-production film under this Chapter to be made in cooperation with a co-producer from that non-Party. Approvals under this Article are limited to proposals where the contribution of the non-Party Co-Producer is not greater than the least of the individual contributions of the Party Co-Producers.
Participation
Co-production films shall be produced and processed until the production of the first release in one or both Contracting Parties and/or, if the co-producer is a third non-Contracting Party, in this non-Contracting Party. At least 90% (ninety percent) of the footage included in a co-production film must be specially shot or created for the film, unless otherwise approved by the relevant authorities.
Location Filming
Soundtrack
Subject to compliance with normal immigration requirements, each of the parties will permit natural persons of the parties and co-producing non-parties to enter and remain in their jurisdiction for the purpose of making or promoting a co-production film.
Import of Equipment
The implementing regulations for film and television co-production must be read in conjunction with the provisions of this chapter. Any amendment or amendment to the Film and Television Co-Production Implementing Regulations shall be consistent with the rights and obligations of the Parties under this Chapter and shall not constitute an amendment of this Agreement under Article 2 (Amendments) of Chapter 25 (Final Provisions).
Implementation
The objectives of this chapter are:. (a) seek to improve cultural and people-to-people contacts between the indigenous peoples of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand Māori; And.
