attendance, where requested, by customs staff outside official office hours or at premises other than customs premises;

analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions relating to binding information or the provision of information concerning the application of the customs laws and regulations;

the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than the cost of using customs staff are involved; and

exceptional control measures, if these are necessary due to the nature of the goods or to a potential risk.

export and import price requirements, except as permitted in enforcement of countervailing and anti-dumping duty orders and undertakings; or

import licensing conditioned on the fulfilment of a performance requirement.

the texts of the Party's export licensing procedures, or of any modifications the Party makes to those procedures;

the goods subject to each licensing procedure;

for each procedure, a description of the process for applying for a licence and any criteria an applicant must meet to be eligible to apply for a licence, such as possessing an activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory;

a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence;

the administrative body or bodies to which an application or other relevant documentation are to be submitted;

a description of any measure or measures being implemented through the export licensing procedure;

the period during which each export licensing procedure will be in effect, unless the procedure remains in effect until withdrawn or revised in a new publication;

if the Party intends to use a licensing procedure to administer an export quota, the overall quantity and, if applicable, the value of the quota and the opening and closing dates of the quota; and

any exemptions or exceptions that replace the requirement to obtain an export licence, how to request or use those exemptions or exceptions, and the criteria for granting them.

a measure pursuant to Article 5 of the Agreement on Agriculture; and

a measure pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.

that Party has made a finding, based on objective, compelling and verifiable information, that systematic and large-scale breaches or circumventions of customs legislation have been committed, and;

the other Party repeatedly and unjustifiably refuses or otherwise fails to comply with the obligations referred to in paragraph 1.

"cultural property" means property classified or defined as being among the national treasures possessing artistic, historic or archaeological value under the respective rules and procedures of each Party; and

"illicitly removed from the territory of a Party" means:

notifying the other Party where cultural property is found in their territory and there are reasonable grounds for believing that the cultural property has been illicitly removed from the territory of the other Party;

addressing requests of the other Party for the return of cultural property which has been illicitly removed from the territory of that Party;

preventing any actions to evade the return of such cultural property, by means of any necessary interim measures; and

taking any necessary measures for the physical preservation of cultural property which has been illicitly removed from the territory of the other Party.

the definitions contained in Annex A of the SPS Agreement;

the definitions adopted under the auspices of the Codex Alimentarius Commission (the "Codex");

the definitions adopted under the auspices of the World Organisation for Animal Health (the "OIE"); and

the definitions adopted under the auspices of the International Plant Protection Convention (the "IPPC").

"import conditions" means any SPS measures that are required to be fulfilled for the import of products; and

"protected zone" for a specified regulated plant pest means an officially defined geographical area in which that pest is not established in spite of favourable conditions and its presence in other parts of the territory of the Party, and into which that pest is not allowed to be introduced.

are initiated and completed without undue delay;

do not include unnecessary, scientifically and technically unjustified or unduly burdensome information requests that might delay access to each other's markets;

are not applied in a manner which would constitute arbitrary or unjustifiable discrimination against the other Party's entire territory or parts of the other Party's territory where identical or similar SPS conditions exist; and

are proportionate to the risks identified and not more trade restrictive than necessary to achieve the importing Party's appropriate level of protection.

set in line with the principles as laid down in the international standards of the Codex, the IPPC and the OIE; and

applicable to imports from all parts of the territory of the exporting Party.

as soon as the importing Party has positively concluded its assessment, it shall promptly take all necessary legislative and administrative measures to allow trade to take place without undue delay;

the exporting Party shall:

the importing party shall establish a list of regulated pests for products, or other related objects, where a phytosanitary concern exists. That list shall contain:

promptly communicate to the other Party any changes to its SPS measures and approval procedures, including changes that may affect its capacity to fulfil the SPS import requirements of the other Party for certain products;

enhance mutual understanding of its SPS measures and their application;

exchange information with the other Party on matters related to the development and application of SPS measures, including the progress on new available scientific evidence, that affect, or may affect, trade between the Parties with a view to minimising negative trade effects;

upon request of the other Party, communicate the conditions that apply for the import of specific products within 20 working days;

upon request of the other Party, communicate the state of play of the procedure for the authorisation of specific products within 20 working days;

communicate to the other Party any significant change to the structure or organisation of a Party's competent authority;

on request, communicate the results of a Party's official control and a report that concerns the results of the control carried out;

on request, communicate the results of an import check provided for in case of a rejected or a non-compliant consignment; and

on request, communicate, without undue delay, a risk assessment or scientific opinion produced by a Party that is relevant to this Chapter.

all or part of the other Party's authorities' inspection and certification system;

the results of the controls carried out under the exporting Party's inspection and certification system.

an assessment of all or part of the responsible authorities' total control programme, including, where appropriate, reviews of regulatory audit and inspection activities;

on-the-spot checks; and

the collection of information and data to assess the causes of recurring or emerging problems in relation to exports of products.

a significant change to pest or disease status;

the emergence of a new animal disease;

a finding of epidemiological importance with respect to an animal disease;

a significant food safety issue identified by a Party;

any additional measures beyond the basic requirements of their respective SPS measures taken to control or eradicate animal disease or protect human health, and any changes in preventive policies, including vaccination policies;

on request, the results of a Party's official control and a report that concerns the results of the control carried out; and

any significant changes to the functions of a system or database.

decisions of the WTO SPS Committee;

the work of the relevant international standard setting bodies;

any knowledge and past experience it has of trading with the exporting Party; and

information provided by the other Party.

collaboration to follow up existing and future guidelines, standards, recommendations and actions developed in relevant international organisations and existing and future initiatives and national plans aiming to promote the prudent and responsible use of antibiotics and relating to animal production and veterinary practices;

collaboration in the implementation of the recommendations of OIE, WHO and Codex, in particular CAC-RCP61/2005;

the exchange of information on good farming practices;

the promotion of research, innovation and development;

the promotion of multidisciplinary approaches to combat antimicrobial resistance, including the One Health approach of the WHO, OIE and Codex.

purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or

SPS measures that fall within the scope of Chapter 3 of this Title.

it has been developed by a standardising body which seeks to establish consensus either:

it has been developed in accordance with the Decision of the WTO Committee on Technical Barriers to Trade on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5, and Annex 3 of the TBT Agreement. ( 4 )

to participate, within the limits of their resources, in the preparation of international standards by relevant international standardising bodies;

to use relevant international standards as a basis for the standards they develop, except where such international standards would be ineffective or inappropriate, for example because of an insufficient level of protection, fundamental climatic or geographical factors or fundamental technological problems;

to avoid duplications of, or overlaps with, the work of international standardising bodies;

to review national and regional standards that are not based on relevant international standards at regular intervals, with a view to increasing the convergence of those standards with relevant international standards;

to cooperate with the relevant standardising bodies of the other Party in international standardisation activities, including through cooperation in the international standardising bodies or at regional level;

to foster bilateral cooperation with the standardising bodies of the other Party; and

to exchange information between standardising bodies.

their respective use of standards in support of technical regulations; and

their respective standardisation processes, and the extent to which they use international, regional or sub-regional standards as a basis for their national standards.

select conformity assessment procedures that are proportionate to the risks involved, as determined on the basis of a risk-assessment;

consider as proof of compliance with technical regulations the use of a supplier's declaration of conformity, i.e. a declaration of conformity issued by the manufacturer on the sole responsibility of the manufacturer without a mandatory third-party assessment, as assurance of conformity among the options for showing compliance with technical regulations;

where requested by the other Party, provide information on the criteria used to select the conformity assessment procedures for specific products.

use accreditation, as appropriate, as a means to demonstrate technical competence to qualify conformity assessment bodies. Without prejudice to its right to establish requirements for conformity assessment bodies, each Party recognises the valuable role that accreditation operated with authority derived from government and on a non-commercial basis can play in the qualification of conformity assessment bodies;

use relevant international standards for accreditation and conformity assessment;

encourage accreditation bodies and conformity assessment bodies located within its territory to join any relevant functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results;

if two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing a product on the market, ensure that economic operators have a choice amongst the conformity assessment bodies designated by the authorities of a Party for a particular product or set of products;

ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies;

allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of the other Party, and may require subcontractors to meet the same requirements the conformity assessment body must meet to perform such testing or inspections itself; and

publish on a single website a list of the bodies that it has designated to perform such conformity assessment and the relevant information on the scope of designation of each such body.

limit the conformity assessment fees to the approximate cost of the services rendered and, at the request of an applicant for conformity assessment, explain how any fees it imposes for that conformity assessment are limited to the approximate cost of services rendered; and

make publicly available the conformity assessment fees.

if requested by the other Party, discuss the written comments with the participation of its competent regulatory authority, at a time when they can be taken into account; and

reply in writing to the comments no later than the date of publication of the technical regulation or conformity assessment procedure.

it shall only require information which is relevant for consumers or users of the product or information that indicates that the product conforms to the mandatory technical requirements;

it shall not require any prior approval, registration or certification of the labels or markings of products, nor any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements unless it is necessary in view of legitimate objectives;

where the Party requires the use of a unique identification number by economic operators, it shall issue such a number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

unless the information listed in point (i), (ii) or (iii) would be misleading, contradictory or confusing in relation to the information that the importing Party requires with respect to the goods, the importing Party shall permit:

it shall accept that labelling, including supplementary labelling or corrections to labelling, take place in customs warehouses or other designated areas in the country of import as an alternative to labelling in the country of origin, unless such labelling is required to be carried out by approved persons for reasons of public health or safety; and

unless it considers that legitimate objectives may be undermined, it shall endeavour to accept the use of non-permanent or detachable labels, or marking or labelling in the accompanying documentation, rather than requiring labels or marking to be physically attached to the product.

the separation of market surveillance functions from conformity assessment functions; and

the absence of any interests that would affect the impartiality of market surveillance authorities in the performance of their control or supervision of economic operators.

market surveillance and enforcement activities and measures;

risk assessment methods and product testing;

coordinated product recalls or other similar actions;

scientific, technical and regulatory matters in order to improve non-food product safety and compliance;

emerging issues of significant health and safety relevance;

standardisation-related activities;

exchanges of officials.

the measure at issue;

the provisions of this Chapter or of an Annex to this Chapter to which the concerns relate; and

the reasons for the request, including a description of the requesting Party's concerns regarding the measure.

the exchange of information, experience and data related to technical regulations, standards and conformity assessment procedures;

ensuring efficient interaction and cooperation of their respective regulatory authorities at international, regional or national level;

exchanging information, to the extent possible, about international agreements and arrangements regarding technical barriers to trade to which one or both Parties are party; and

establishment of or participation in trade facilitating initiatives.

exchanging information concerning customs legislation, the implementation of customs legislation and customs procedures; particularly in the following areas:

working together on the customs-related aspects of securing and facilitating the international trade supply chain in accordance with the SAFE Framework;

considering developing joint initiatives relating to import, export and other customs procedures including technical assistance, as well as towards ensuring an effective service to the business community;

strengthening their cooperation in the field of customs in international organisations such as the WTO and the WCO, and exchanging information or holding discussions with a view to establishing where possible common positions in those international organisations and in UNCTAD, UNECE;

endeavouring to harmonise their data requirements for import, export and other customs procedures by implementing common standards and data elements in accordance with the Customs Data Model of the WCO;

strengthening their cooperation on risk management techniques, including sharing best practices, and, where appropriate, risk information and control results. Where relevant and appropriate, the Parties may also consider mutual recognition of risk management techniques, risk standards and controls and customs security measures; the Parties may also consider, where relevant and appropriate, the development of compatible risk criteria and standards, control measures and priority control areas;

establishing mutual recognition of Authorised Economic Operator programmes to secure and facilitate trade;

fostering cooperation between customs and other government authorities or agencies in relation to Authorised Economic Operator programmes, which may be achieved, inter alia, by agreeing on the highest standards, facilitating access to benefits and minimising unnecessary duplication;

enforcing intellectual property rights by customs authorities, including exchanging information and best practices in customs operations focusing in particular on intellectual property rights enforcement;

maintaining compatible customs procedures, where appropriate and practicable to do so, including the application of a single administrative document for customs declaration; and

exchanging, where relevant and appropriate and under arrangements to be agreed, certain categories of customs-related information between the customs authorities of the Parties through structured and recurrent communication, for the purposes of improving risk management and the effectiveness of customs controls, targeting goods at risk in terms of revenue collection or safety and security, and facilitating legitimate trade; such exchanges may include export and import declaration data on trade between the Parties, with the possibility of exploring, through pilot initiatives, the development of interoperable mechanisms to avoid duplication in the submission of such information. Exchanges under this point shall be without prejudice to exchanges of information that may take place between the Parties pursuant to the Protocol on mutual administrative assistance in customs matters.

are consistent with international instruments and standards applicable in the area of customs and trade, including the WTO Trade Facilitation Agreement, the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures, the International Convention on the Harmonised Commodity Description and Coding System, as well as the SAFE Framework and the Customs Data Model of the WCO;

provide the protection and facilitation of legitimate trade taking into account the evolution of trade practices through effective enforcement including in case of breaches of its laws and regulations, duty evasion and smuggling and through ensuring compliance with legislative requirements;

are based on legislation that is proportionate and non-discriminatory, avoids unnecessary burdens on economic operators, provides for further facilitation for operators with high levels of compliance including favourable treatment with respect to customs controls prior to the release of goods, and ensures safeguards against fraud and illicit or damageable activities while ensuring a high level of protection of security and safety of citizens and the respect of prohibitions and restrictions and financial interests of the Parties; and

contain rules that ensure that any penalty imposed for breaches of customs regulations or procedural requirements is proportionate and non-discriminatory and that the imposition of such penalties does not result in unjustified delays.

simplify and review requirements and formalities wherever possible with a view to ensuring the rapid release and clearance of goods;

work towards the further simplification and standardisation of the data and documentation required by customs and other agencies; and

promote coordination between all border agencies, both internally and across borders, to facilitate border-crossing processes and enhance control, taking into account joint border controls where feasible and appropriate.

provide for the prompt release of goods within a period that is no longer than necessary to ensure compliance with its laws and regulations;

provide for advance electronic submission and processing of documentation and any other required information prior to the arrival of the goods, to enable the release of goods promptly upon arrival if no risk has been identified through risk analysis or if no random checks or other checks are to be performed;

provide for the possibility, where appropriate and if the necessary conditions are satisfied, of releasing goods for free circulation at the first point of arrival; and

allow for the release of goods prior to the final determination of customs duties, taxes, fees and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all other regulatory requirements have been met.

customs declarations containing a reduced set of data or supporting documents;

periodical customs declarations for the determination and payment of customs duties and taxes covering multiple imports within a given period after the release of those imported goods;

self-assessment of and the deferred payment of customs duties and taxes until after the release of those imported goods; and

the use of a guarantee with a reduced amount or a waiver from the obligation to provide a guarantee.

relevant notices of an administrative nature;

importation, exportation and transit procedures (including port, airport, and other entry-point procedures) and required forms and documents;

applied rates of duty and taxes of any kind imposed on or in connection with importation or exportation;

fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;

rules for the classification or valuation of products for customs purposes;

laws, regulations and administrative rulings of general application relating to rules of origin;

import, export or transit restrictions or prohibitions;

penalty provisions against breaches of import, export or transit formalities;

appeal procedures;

agreements or parts thereof with any country or countries relating to importation, exportation or transit;

procedures relating to the administration of tariff quotas;

hours of operation and operating procedures for customs offices at ports and border crossing points; and

points of contact for information enquiries.

a description of its importation, exportation and transit procedures, including appeal procedures, informing of the practical steps needed to import and export, and for transit;

the forms and documents required for importation into, exportation from, or transit through the territory of that Party; and

contact information regarding enquiry points.

the requirements for applying for an advance ruling, including the information to be provided and the format;

the time period by which it will issue an advance ruling; and

the length of time for which the advance ruling is valid.

the tariff classification of goods;

the origin of goods; and

any other matter the Parties may agree upon.

an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision; and

a judicial appeal or review of the decision.

goods for display or use at exhibitions, fairs, meetings or similar events (goods intended for display or demonstration at an event; goods intended for use in connection with the display of foreign products at an event; equipment including interpretation equipment, sound and image recording apparatus and films of an educational, scientific or cultural character intended for use at international meetings, conferences or congresses); products obtained incidentally during the event from temporarily imported goods, as a result of the demonstration of displayed machinery or apparatus;

professional equipment (equipment for the press, for sound or television broadcasting which is necessary for representatives of the press, of broadcasting or television organisations visiting the territory of another country for purposes of reporting, in order to transmit or record material for specified programmes; cinematographic equipment necessary for a person visiting the territory of another country in order to make a specified film or films; any other equipment necessary for the exercise of the calling, trade or profession of a person visiting the territory of another country to perform a specified task, insofar as it is not to be used for the industrial manufacture or packaging of goods or (except in the case of hand tools) for the exploitation of natural resources, for the construction, repair or maintenance of buildings or for earth moving and like projects; ancillary apparatus for the equipment mentioned above, and accessories therefor); component parts imported for repair of professional equipment temporarily admitted;

goods imported in connection with a commercial operation but whose importation does not in itself constitute a commercial operation (packings which are imported filled for re-exportation empty or filled, or are imported empty for re-exportation filled; containers, whether or not filled with goods, and accessories and equipment for temporarily admitted containers, which are either imported with a container to be re-exported separately or with another container, or are imported separately to be re-exported with a container and component parts intended for the repair of containers granted temporary admission; pallets; samples; advertising films; other goods imported in connection with a commercial operation);

goods imported in connection with a manufacturing operation (matrices, blocks, plates, moulds, drawings, plans, models and other similar articles; measuring, controlling and checking instruments and other similar articles; special tools and instruments, imported for use during a manufacturing process); replacement means of production (instruments, apparatus and machines made available to a customer by a supplier or repairer, pending the delivery or repair of similar goods);

goods imported exclusively for educational, scientific or cultural purposes (scientific equipment, pedagogic material, welfare material for seafarers, and any other goods imported in connection with educational, scientific or cultural activities); spare parts for scientific equipment and pedagogic material which has been granted temporary admission; tools specially designed for the maintenance, checking, gauging or repair of such equipment;

personal effects (all articles, new or used, which a traveller may reasonably require for his or her personal use during the journey, taking into account all the circumstances of the journey, but excluding any goods imported for commercial purposes); goods imported for sports purposes (sports requisites and other articles for use by travellers in sports contests or demonstrations or for training in the territory of temporary admission);

tourist publicity material (goods imported for the purpose of encouraging the public to visit another foreign country, in particular in order to attend cultural, religious, touristic, sporting or professional meetings or demonstrations held there);

goods imported for humanitarian purposes (medical, surgical and laboratory equipment and relief consignments, such as vehicles and other means of transport, blankets, tents, prefabricated houses or other goods of prime necessity, forwarded as aid to those affected by natural disaster and similar catastrophes); and

animals imported for specific purposes (dressage, training, breeding, shoeing or weighing, veterinary treatment, testing (for example, with a view to purchase), participation in shows, exhibitions, contests, competitions or demonstrations, entertainment (circus animals, etc.), touring (including pet animals of travellers), exercise of function (police dogs or horses; detector dogs, dogs for the blind, etc.), rescue operations, transhumance or grazing, performance of work or transport, medical purposes (delivery of snake poison, etc.).

the right of each Party to adopt trade facilitating customs formalities and procedures for traffic between the Parties within their respective legal frameworks; and

the right of ports, port authorities and operators to act, within the legal orders of their respective Parties, in accordance with their rules and their operating and business models.

shall adopt or maintain procedures allowing for the submission of import documentation and other required information, including manifests, in order to begin processing prior to the arrival of goods with a view to expediting the release of goods upon arrival; and

undertake to facilitate the use by operators of the transit procedure, including simplifications of the transit procedure as provided for under the Common Transit Convention.

hold regular consultations; and

in relation to the review of the provisions of Annex 18:

on the exchange of customs-related information, on mutual recognition of risk management techniques, risk standards and controls, customs security measures, on advanced rulings, on common approaches to customs valuation and on other issues related to the implementation of this Chapter;

on the arrangements relating to the automatic exchange of information as referred to in Article 10 of the Protocol on mutual administrative assistance in customs matters, and on other issues relating to the implementation of that Protocol;

on any issues relating to the implementation of Annex 18; and

on the procedures for the consultation established in Article 63 and on any technical or administrative matters relating to the implementation of Chapter 2 of this Title, including on interpretative notes aimed at ensuring the uniform administration of the rules of origin.

Annex 18, the Protocol on mutual administrative assistance in customs matters and the list of goods set out in Article 117(2); and

the Protocol on administrative cooperation and combating fraud in the field of value added tax and on mutual assistance for the recovery of claims relating to taxes and duties.

air services or related services in support of air services ( 6 ), other than:

audio-visual services;

national maritime cabotage ( 7 ); and

inland waterways transport.

prohibit transactions with that investor, service supplier or covered enterprise; or

would be violated or circumvented if the benefits of this Title and Title IV of this Heading were accorded to that investor, service supplier or covered enterprise, including where the measures prohibit transactions with a natural or legal person which owns or controls any of them.

with respect to a regional or local level of government of the United Kingdom, treatment no less favourable than the most favourable treatment accorded, in like situations, by that level of government to investors of the United Kingdom and to their enterprises in its territory; and

with respect to a government of, or in, a Member State, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to investors of that Member State and to their enterprises in its territory.

an international agreement for the avoidance of double taxation or other international agreement or arrangement relating wholly or mainly to taxation; or

measures providing for recognition, including the recognition of the standards or criteria for the authorisation, licencing, or certification of a natural person or enterprise to carry out an economic activity, or the recognition of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial Services.

to export a given level or percentage of goods or services;

to achieve a given level or percentage of domestic content;

to purchase, use or accord a preference to goods produced or services provided in its territory or to purchase goods or services from natural or legal persons or any other entities in its territory;

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 such enterprise;

to restrict sales of goods or services in its territory that such enterprise produces or supplies, by relating those sales in any way to the volume or value of its exports or foreign exchange inflows;

to transfer technology, a production process or other proprietary knowledge to a natural or legal person or any other entity in its territory ( 12 );

to supply exclusively from the territory of that Party a good produced or a service supplied by the enterprise to a specific regional or world market;

to locate the headquarters for a specific region of the world which is broader than the territory of the Party or the world market in its territory;

to employ a given number or percentage of natural persons of that Party;

to achieve a given level or value of research and development in its territory;

to restrict the exportation or sale for export; or

with regard to any licence contract in existence at the time the requirement is imposed or enforced, or any commitment or undertaking is enforced, or with regard to any future licence contract freely entered into between the enterprise and a natural or legal person or any other entity in its territory, if the requirement is imposed or enforced or the commitment or undertaking is enforced, in a manner that constitutes direct interference with that licence contract by an exercise of non-judicial governmental authority of a Party, to adopt:

achieving a given level or percentage of domestic content;

purchasing, using or according a preference to goods produced or services supplied in its territory, or to purchase goods or services from natural or legal persons or any other entity in its territory;

relating 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 that enterprise;

restricting the sales of goods or services in its territory that that enterprise produces or supplies by relating those sales in any way to the volume or value of its exports or foreign exchange inflows; or

restricting the exportation or sale for export.

the requirement is imposed or enforced, or the commitment or undertaking is enforced, by a court or administrative tribunal, or by a competition authority pursuant to a Party's competition law to prevent or remedy a restriction or a distortion of competition; or

a Party authorises the use of an intellectual property right in accordance with Article 31 or Article 31bis of the TRIPS Agreement, or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement.

any existing non-conforming measure of a Party at the level of:

the continuation or prompt renewal of any non-conforming measure referred to in point (a) of this paragraph; or

a modification to any non-conforming measure referred to in points (a) and (b) of this paragraph, to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with Article 128, 129, 130, 131 or 132.

an international agreement for the avoidance of double taxation or other international agreement or arrangement relating wholly or mainly to taxation; or

measures providing for recognition, including of the standards or criteria for the authorisation, licencing, or certification of a natural person or enterprise to carry out an economic activity, or of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial Services.

any existing non-conforming measure of a Party at the level of:

the continuation or prompt renewal of any non-conforming measure referred to in point (a) of this paragraph; or

a modification to any non-conforming measure referred to in points (a) and (b) of this paragraph to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with Articles 135, 136, 137 and 138.

"business visitors for establishment purposes" means natural persons working in a senior position within a legal person of a Party, who:

"contractual service suppliers" means natural persons employed by a legal person of a Party (other than through an agency for placement and supply services of personnel), which is not established in the territory of the other Party and has concluded a bona fide contract, not exceeding 12 months, to supply services to a final consumer in the other Party requiring the temporary presence of its employees who:

"independent professionals" means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who:

"intra-corporate transferees" means natural persons, who:

"manager" means a natural person working in a senior position, who primarily directs the management of the enterprise in the other Party, receiving general supervision or direction principally from the board of directors or from shareholders of the business or their equivalent and whose responsibilities include:

"specialist" means a natural person possessing specialised knowledge, essential to the enterprise's areas of activity, techniques or management, which is to be assessed taking into account not only knowledge specific to the enterprise, but also whether the person has a high level of qualification, including adequate professional experience of a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession; and

"trainee employee" means a natural person possessing a university degree who is temporarily transferred for career development purposes or to obtain training in business techniques or methods and is paid during the period of the transfer. ( 18 )

each Party shall allow:

a Party shall not maintain or adopt limitations in the form of numerical quotas or economic needs tests regarding the total number of natural persons that, in a specific sector, are allowed entry as business visitors for establishment purposes or that an investor of the other Party may employ as intra-corporate transferees, either on the basis of a territorial subdivision or on the basis of its entire territory; and

each Party shall accord to intra-corporate transferees and business visitors for establishment purposes of the other Party, during their temporary stay in its territory, treatment no less favourable than that it accords, in like situations, to its own natural persons.

the short-term business visitors are not engaged in selling their goods or supplying services to the general public;

the short-term business visitors do not, on their own behalf, receive remuneration from within the Party where they are staying temporarily; and

the short-term business visitors are not engaged in the supply of a service in the framework of a contract concluded between a legal person that has not established in the territory of the Party where they are staying temporarily, and a consumer there, except as provided for in Annex 21.

a Party shall allow the entry and temporary stay of contractual service suppliers and independent professionals in its territory;

a Party shall not adopt or maintain limitations on the total number of contractual service suppliers and independent professionals of the other Party allowed entry and temporary stay, in the form of numerical quotas or an economic needs test; and

each Party shall accord to contractual service suppliers and independent professionals of the other Party, with regard to the supply of their services in its territory, treatment no less favourable than that it accords, in like situations, to its own service suppliers.

categories of visa, permits or any similar type of authorisation regarding the entry and temporary stay;

documentation required and conditions to be met;

method of filing an application and options on where to file, such as consular offices or online;

application fees and an indicative timeframe of the processing of an application;

the maximum length of stay under each type of authorisation described in point (a);

conditions for any available extension or renewal;

rules regarding accompanying dependants;

available review or appeal procedures; and

relevant laws of general application pertaining to the entry and temporary stay of natural persons for business purposes.

"consumer" means any natural person using a public telecommunications service for other than professional purposes;

"direct marketing communication" means any form of commercial advertising by which a natural or legal person communicates marketing messages directly to a user via a public telecommunications service and covers at least electronic mail and text and multimedia messages (SMS and MMS);

"electronic authentication" means an electronic process that enables the confirmation of:

"electronic registered delivery service" means a service that makes it possible to transmit data between third parties by electronic means and provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data, and that protects transmitted data against the risk of loss, theft, damage or any unauthorised alterations;

"electronic seal" means data in electronic form used by a legal person which is attached to or logically associated with other data in electronic form to ensure the latter's origin and integrity;

"electronic signature" means data in electronic form which is attached to or logically associated with other data in electronic form that:

"electronic time stamp" means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time;