Scope and General Provisions. 2.1 This Treaty shalt apply to measures adopted or maintained by a Party relating to investments of investors of another Party in its territory, in existence as of the date of entry into force of this Treaty or established, acquired, or expanded thereafter, and which have been admitted by a Party in accordance with its law, regulations and policies as applicable from time to time.
2.2 Subject to the provisions of Chapter III of this Treaty, nothing in this Treaty shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-investment activities, including terms and conditions under such measure which continue to apply post-investment to the management, conduct, operation, sale or other disposition of such investments.
2.3 This Treaty shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treaty. This Treaty shall not apply to:
(i) any measure by a local government;
(ii) any law or measure regarding taxation, including measures taken to enforce taxation obligations. For greater certainty, it is clarified that where the State in which investment is made decides that conduct alleged to be a breach of its obligations under this Treaty is a subject matter of taxation, such decision of that State, whether before or after the commencement of arbitral proceedings, shall be non-justiciable and it shall not be open to any arbitration tribunal to review such decision.
(iii) the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the international obligations of Parties under the WTO Agreement.
(iv) government procurement by a Party;
(v) subsidies or grants provided by a Party;
(vi) services supplied in the exercise of governmental authority by the relevant body or authority of a Party. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis.
Scope and General Provisions. (1) The Contracting Parties shall cooperate in the cross-border enforcement of the following traffic offences:
a) road safety related traffic offences as set forth in Article 2 of the Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011facilitating the cross-border exchange of information on road-safety related traffic offences (hereinafter “the Directive”) , and
b) offences related to non-cooperation of the holder, owner or otherwise identified person suspected of having committed the road safety related traffic offence with the competent authorities of the State of the offence in the investigation of road safety related traffic offences as set forth in sub-paragraph a) if foreseen by the national law of the State of the offence.
(2) The cooperation in the cross-border enforcement under this Agreement shall include cross-border investigation of traffic offences and cross-border execution of a decision requiring a financial penalty related to a traffic offence to be paid.
(3) The Contracting Parties shall cooperate in the cross-border enforcement of traffic offences as referred to in paragraph (1), regardless of their administrative or criminal nature under the national law of the Contracting Parties. Cooperation shall also be afforded in connection with proceedings as referred to in paragraph (1) which relate to traffic offences for which a legal person may be held liable in the State of the offence.
Scope and General Provisions. This Section applies to measures to implement this Agreement and to support capacity building, technological innovation, and stakeholder engagement.
Scope and General Provisions. This Section applies to measures to prevent and combat corruption, including bribery.4
Scope and General Provisions. 1. Each Party shall implement and administer tariff-rate quotas (TRQs16) in accordance with Article XIII of GATT 1994, including its interpretative notes, the Import Licensing Agreement and Article 2.12 (Import Licensing). All TRQs established by a Party under this Agreement shall be incorporated into that Party’s Schedule to Annex 2-D (Tariff Commitments).
2. Each Party shall ensure that its procedures for administering its TRQs are made available to the public, are fair and equitable, are no more administratively burdensome than absolutely necessary, are responsive to market conditions and are administered in a timely manner.
3. The Party administering a TRQ shall publish all information concerning its TRQ administration, including the size of quotas and eligibility requirements; and, if the TRQ will be allocated, application procedures, the application deadline, and the methodology or procedures that will be used for the allocation or reallocation, on its designated publicly available website at least 90 days prior to the opening date of the TRQ concerned.
Scope and General Provisions. 1. This Chapter addresses legislative and other measures of the authorities of the territories represented by the Parties to prevent and combat bribery and corruption in any matter affecting international trade and investment.2
2. Each Party, through its Designated Representative, recognizes the importance of preventing and combatting bribery and corruption in matters affecting international trade and investment.
3. Each Party, through its Designated Representative, recognizes the need to build integrity within both the public and private sectors and that each sector has complementary responsibilities in this regard.
4. Each Party, through its Designated Representative, recognizes the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in matters affecting international trade and investment and, through its Designated Representative, commits to work jointly with the other Party, through its Designated Representative, to encourage and support appropriate initiatives to prevent and combat such bribery and corruption.
5. The Parties, through their Designated Representatives, recognize that the respective competent anticorruption authorities of the territories represented by the Parties have established working relationships in many bilateral and multilateral forums and that cooperation under this Chapter can enhance joint efforts in those forums and help produce outcomes that prevent and combat bribery and corruption in matters affecting international trade and investment.
6. AIT, through its Designated Representative, recognizes the obligations of the authorities of the territory that it represents under the United Nations Convention against Corruption (UNCAC), done at New York October 31, 2003. TECRO, through its Designated Representative, 2 For AIT, this Chapter does not apply to conduct outside the jurisdiction of federal criminal law of the territory that AIT represents and, to the extent that an obligation involves preventive measures, shall apply only to those measures covered by federal law governing federal, state, and local officials of the authorities of the territory that AIT represents. recognizes the obligations of the authorities of the territory that it represents under the May 20, 2015 Act to Implement United Nations Convention Against Corruption.
7. Each Party, through its Designated Representative, recognizes the obligations of the authorities of the territory that it represents to conduct public...
Scope and General Provisions. 1. Articles 1 through 6 apply to legislative and other measures to prevent and combat bribery and corruption in any matters affecting international trade and investment. This Annex does not apply to conduct outside the jurisdiction of federal law and, to the extent that an obligation involves preventive measures, shall apply only to those measures covered by federal law governing federal, state, and local officials.
2. Each Party affirms its resolve to prevent and combat bribery and corruption in matters affecting international trade and investment.
3. Each Party recognizes the need to build integrity within both the public and private sectors and that each sector has complementary responsibilities in this regard.
4. Each Party recognizes the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in matters affecting international trade and investment and commits to work jointly with the other Party to encourage and support appropriate initiatives to prevent and combat such bribery and corruption.
5. The Parties recognize that their respective competent anticorruption authorities have established working relationships in many bilateral and multilateral forums and that cooperation under this Annex can enhance the Parties’ joint efforts in those forums and help produce outcomes that prevent and combat bribery and corruption in matters affecting international trade and investment.
6. Each Party affirms obligations it has under the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris, December 19, 1997; the United Nations Convention against Corruption, done at New York, October 31, 2003; and the Inter-American Convention Against Corruption, done at Caracas, March 29, 1996.
Scope and General Provisions. 1. This Chapter shall apply to measures adopted or maintained by a Party affecting electronic commerce.
2. The Parties recognise the economic growth and opportunities provided by electronic commerce, the dynamic and innovative nature of electronic commerce which has a positive effect on the growth of mutual trade between the Parties, and the importance of promoting consumer confidence in electronic commerce.
3. The Parties will promote the development of electronic commerce, taking into account the importance of avoiding the imposition of unnecessary barriers related to electronic commerce.
4. This Chapter shall not apply to:
(a) government procurement; and
(b) information held or processed, including information collected or transferred, by or on behalf of a Party, or measures related to such information, including measures related to its collection, holding, processing or transfer.
Scope and General Provisions. 1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.
2. This Chapter shall not apply to:
(a) Public procurement;
(b) Information possessed or processed by or on behalf of a Party, or measures relating to such information, including measures relating to its compilation; or
(c) Financial services, as defined in Article XII of the 53rd Additional Protocol to the ACE No. 35
3. For greater certainty, this Chapter is subject to the provisions, exceptions, or non-conforming measures set forth in other chapters or annexes to this or other relevant treaties between the Parties.
Scope and General Provisions. 1. The Parties recognize dynamic and innovative character of electronic commerce (hereinafter referred to as “e-commerce”), which has a positive effect on the growth of mutual trade between the Parties and provides benefits to all participants of trade.
2. The objective of this Chapter is to promote the development of e-commerce taking into account the importance of cooperation and avoiding unnecessary barriers in e-commerce.
