Common use of Exceptions to the Title on Trade in Goods Clause in Contracts

Exceptions to the Title on Trade in Goods. 1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on trade in goods between the Parties, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures: (a) necessary to protect public morals or to maintain public order (18); (b) necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect; (c) relating to the importations or exportations of gold or silver; (d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated in conformity with Article 27, the protection of intellectual property rights and the prevention of deceptive practices; (e) relating to the products of prison labour; (f) imposed for the protection of national treasures of artistic, historic or archaeological value; (g) relating to the conservation of living and non-living exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption; (h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Parties and not disapproved by them or which is itself so submitted and not so disapproved (19); (i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation plan; provided that such restrictions shall not operate to increase the exports of, or the protection afforded to, such domestic industry, and shall not depart from the provisions of this Agreement relating to non- discrimination; and (j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist. 2. The Parties understand that when a Party intends to adopt any measure under subparagraphs 1(i) and 1(j), such Party shall provide the other Parties with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to resolve the situation of the Party intending to adopt the measure. If no agreement is reached within 30 days, such Party may apply measures under subparagraphs 1(i) and 1(j) to the exportation of the product concerned. However, where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to adopt the measures may do so and shall inform the other Parties as soon as possible.

Exceptions to the Title on Trade in Goods. 1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on trade in goods between the Parties, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures: (a) : necessary to protect public morals or and to maintain public order (18); (b) order; necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect; (c) ; relating to the importations or exportations of gold or silver; (d) ; necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those such as laws and regulation relating to customs enforcement, the enforcement of monopolies operated in conformity with Article 27XX (State Trading Enterprises), the protection of intellectual property rights and the prevention of deceptive practices; (e) practices relating to the products of prison labour; (f) . imposed for the protection of national treasures of artistic, historic or archaeological value; (g) ; relating to the conservation of living and non-living exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption; (h) undertaken . adopted in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Parties and not disapproved by them or which is itself so submitted and not so disapproved (19); (i) disapproved16 involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation stabilization plan; provided Provided that such restrictions shall not operate to increase the exports of, of or the protection afforded to, to such domestic industry, and shall not depart from the provisions of this Agreement relating to non- non-discrimination; and (j) essential to the acquisition or distribution of products in general or local short supply; provided Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this the Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.; 2. The Parties understand that when a Party intends to adopt take any measure under subparagraphs 1(i(h) and 1(j)(i) above, such Party shall provide supply the other Parties with all relevant information, with a view to of seeking a solution acceptable to the Parties. The Parties may agree on any means needed to resolve solve the situation of the Party intending to adopt the measure. If no agreement is reached within 30 days, such Party may apply measures under subparagraphs 1(i(i) and 1(j(j) to on the exportation of the product concerned. However, where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to adopt take the measures may do so and such Party shall inform the other Parties as soon as possible. Article 1 Objective, scope and coverage 1. The Parties, reaffirming their commitments under the WTO Agreement and with a view to facilitate the regional integration and sustainable development of the Parties and their smooth and gradual integration in the world economy, hereby lay down the necessary arrangements for the progressive liberalisation of establishment and trade in services and for cooperation on e-commerce considering the difference in Parties’ development level. 2. Nothing in this Title shall be construed to require the privatisation of public undertakings or to impose any obligation with respect to government procurement.

Exceptions to the Title on Trade in Goods. 1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on trade in goods between the Parties, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures: (a) : necessary to protect public morals or and to maintain public order (18); (b) order; necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect; (c) ; relating to the importations or exportations of gold or silver; (d) ; necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those such as laws and regulation relating to customs enforcement, the enforcement of monopolies operated in conformity with Article 27XX (State Trading Enterprises), the protection of intellectual property rights and the prevention of deceptive practices; (e) practices relating to the products of prison labour; (f) . imposed for the protection of national treasures of artistic, historic or archaeological value; (g) ; relating to the conservation of living and non-living exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption; (h) undertaken . adopted in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Parties and not disapproved by them or which is itself so submitted and not so disapproved (19); (i) disapproved15 involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation stabilization plan; provided Provided that such restrictions shall not operate to increase the exports of, of or the protection afforded to, to such domestic industry, and shall not depart from the provisions of this Agreement relating to non- non-discrimination; and (j) essential to the acquisition or distribution of products in general or local short supply; provided Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this the Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.; 2. The Parties understand that when a Party intends to adopt take any measure under subparagraphs 1(i(h) and 1(j)(i) above, such Party shall provide supply the other Parties with all relevant information, with a view to of seeking a solution acceptable to the Parties. The Parties may agree on any means needed to resolve solve the situation of the Party intending to adopt the measure. If no agreement is reached within 30 days, such Party may apply measures under subparagraphs 1(i(i) and 1(j(j) to on the exportation of the product concerned. However, where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to adopt take the measures may do so and such Party shall inform the other Parties as soon as possible.