Comprehensive Economic Partnership Agreement between the Government of the Republic of India and the Government of the United Arab Emirates

ARTICLE 1.1 Establishment of a Free Trade Area ......................................................... 1 ARTICLE 1.2 Objectives ................................................................................................ 1 ARTICLE 1.3 General Definitions ................................................................................... 1 ARTICLE 1.4 Geographical Scope ................................................................................. 2 ARTICLE 1.5 Relation to Other Agreements .................................................................. 2 ARTICLE 1.6 Regional and Local Government .............................................................. 3 ARTICLE 1.7 Transparency ........................................................................................... 3 ARTICLE 1.8 Confidential Information............................................................................ 3 CHAPTER 2 TRADE IN GOODS ......................................................................1 ARTICLE 2.1 Scope and Coverage................................................................................ 1 ARTICLE 2.2 Definitions ................................................................................................ 1 ARTICLE 2.3 National Treatment on Internal Taxation and Regulation .......................... 1 ARTICLE 2.4 Customs Duties ........................................................................................ 2 ARTICLE 2.5 Classification of Goods and Transposition of Schedules .......................... 2 ARTICLE 2.6 Temporary Admission .............................................................................. 2 ARTICLE 2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials ...................................................................................................... 4 ARTICLE 2.8 Goods Returned or Re-Entered After Repair or Alteration ........................ 4 ARTICLE 2.9 Import and Export Restrictions ................................................................. 5 ARTICLE 2.10 Import Licensing ..................................................................................... 5 ARTICLE 2.11 Customs Valuation ................................................................................. 6 ARTICLE 2.12 Export Subsidies .................................................................................... 6 ARTICLE 2.13 Transparency ......................................................................................... 7 ARTICLE 2.14 Restrictions to Safeguard the Balance-of-Payments............................... 7 ARTICLE 2.15 Administrative Fees and Formalities ....................................................... 7 ARTICLE 2.16 Non-Tariff Measures ............................................................................... 7 ARTICLE 2.17 State Trading Enterprises ....................................................................... 8 ARTICLE 2.18 Revision Clause ..................................................................................... 8 ARTICLE 2.19 Exchange of Data ................................................................................... 9 ARTICLE 2.20 Committee on Trade in Goods................................................................ 9 CHAPTER 3 RULES OF ORIGIN .....................................................................1 ARTICLE 3.1 Definitions ................................................................................................ 1 ARTICLE 3.2 Origin Criteria ........................................................................................... 3 <!-- page break -->

ARTICLE 3.3 Wholly Obtained or Produced Product ...................................................... 4 ARTICLE 3.4 De Minimis ............................................................................................... 4 ARTICLE 3.5 Minimal or Insufficient Operations and Processes .................................... 5 ARTICLE 3.6 Non-Qualifying Operations ....................................................................... 6 ARTICLE 3.7 Bilateral Cumulation ................................................................................. 6 ARTICLE 3.8 Packages, Packing Materials and Containers ........................................... 6 ARTICLE 3.9 Accessories, Spare Parts, Tools............................................................... 7 ARTICLE 3.10 Indirect Materials .................................................................................... 7 ARTICLE 3.11 Accounting Segregation ......................................................................... 7 ARTICLE 3.12 Transport ................................................................................................ 8 ARTICLE 3.13 Proof of Origin ........................................................................................ 8 ARTICLE 3.14 Certificate of Origin and Certification Procedures ................................... 9 ARTICLE 3.15 Third-Party Invoicing ............................................................................ 10 ARTICLE 3.16 Authorities ............................................................................................ 10 ARTICLE 3.17 Application for Certificate of Origin ....................................................... 11 ARTICLE 3.18 Preservation of Documents .................................................................. 12 ARTICLE 3.19 Obligation of the Exporter/Producer/Manufacturer ................................ 12 ARTICLE 3.20 Presentations of the Certificate of Origin .............................................. 13 ARTICLE 3.21 Verification of Certificates of Origin....................................................... 14 ARTICLE 3.22 Procedure for Verification ..................................................................... 15 ARTICLE 3.23 Release of Products ............................................................................. 16 ARTICLE 3.24 Confidentiality ....................................................................................... 16 ARTICLE 3.25 Denial of Preferential Treatment ........................................................... 17 ARTICLE 3.26 Products Complying with Rules of Origin .............................................. 18 ARTICLE 3.27 Prospective Restoration of Preferential Benefits ................................... 18 ARTICLE 3.28 Temporary Suspension of Preferential Treatment ................................ 18 ARTICLE 3.29 Non-Compliance of Products with Rules of Origin and Penalties .......... 19 ARTICLE 3.30 Relevant Dates ..................................................................................... 19 ARTICLE 3.31 Cooperation.......................................................................................... 19 ARTICLE 3.32 Consultation and Modifications ............................................................. 20 ARTICLE 3.33 Application and Interpretation ............................................................... 20 ARTICLE 3.34 Exchange of Electronic Data on Origin ................................................. 20 ARTICLE 3.35 Origin Declaration................................................................................. 21 ANNEX 3A Minimum Required Information (Referred to in Chapter 3) .......1 ANNEX 3B Product Specific Rules (Referred to in Chapter 3) ....................1 ANNEX 3C Issuing Authorities of the Government of India (Referred to in Chapter 3) ...................................................................................1 <!-- page break --> ANNEX 3D Issuing Authorities of the Government of the UAE (Referred to in Chapter 3) ...............................................................................1 ANNEX 3E Format of the Certificate of Origin under the India-UAE Trade Agreement (Referred to in Chapter 3) ......................................1 CHAPTER 4 SANITARY AND PHYTOSANITARY MEASURES ......................1

ARTICLE 4.1 Definitions ................................................................................................ 1 ARTICLE 4.2 Objectives ................................................................................................ 1 ARTICLE 4.3 Scope ....................................................................................................... 2 ARTICLE 4.4 General Provision ..................................................................................... 2 ARTICLE 4.5 Equivalence.............................................................................................. 2 ARTICLE 4.6 Adaptation to Regional Conditions, Including Pest or Disease-Free Areas and Areas of Low Pest or Disease Prevalence............................................................... 4 ARTICLE 4.7 Risk Analysis ............................................................................................ 4 ARTICLE 4.8 Audit, Certification and Import Checks...................................................... 5 ARTICLE 4.9 Emergency Measures .............................................................................. 7 ARTICLE 4.10 Transparency ......................................................................................... 7 ARTICLE 4.11 Cooperation and Capacity Building......................................................... 9 ARTICLE 4.12 Technical Discussions ............................................................................ 9 ARTICLE 4.13 Contact Points and Competent Authorities ........................................... 10 ARTICLE 4.14 Committee on SPS Measures .............................................................. 10 CHAPTER 5 TECHNICAL BARRIERS TO TRADE ..........................................1 ARTICLE 5.1 Definitions ................................................................................................ 1 ARTICLE 5.2 Objectives ................................................................................................ 1 ARTICLE 5.3 Scope ....................................................................................................... 1 ARTICLE 5.4 Incorporation of the TBT Agreement......................................................... 2 ARTICLE 5.5 Standards ................................................................................................. 3 ARTICLE 5.6 Technical Regulations .............................................................................. 4 ARTICLE 5.7 Conformity Assessment Procedures......................................................... 5 ARTICLE 5.8 Cooperation.............................................................................................. 6 ARTICLE 5.9 Information Exchange and Technical Discussions .................................... 7 ARTICLE 5.10 Transparency ......................................................................................... 8 ARTICLE 5.11 Contact Points ........................................................................................ 9 ARTICLE 5.12 Sub-Committee on Standards, Technical Regulations and Conformity Assessment Procedures ................................................................................................ 9 ARTICLE 5.13 Annexes ............................................................................................... 10 ANNEX 5A Bilateral Cooperation on Pharmaceutical Products (Referred to in Chapter 5) ...........................................................................1 <!-- page break --> CHAPTER 6 CUSTOMS PROCEDURES & TRADE FACILITATION ...............1

ARTICLE 6.1 Definitions ................................................................................................ 1 ARTICLE 6.2 Scope ....................................................................................................... 2 ARTICLE 6.3 General Provisions ................................................................................... 2 ARTICLE 6.4 Publication and Availability of Information ................................................. 2 ARTICLE 6.5 Risk Management .................................................................................... 3 ARTICLE 6.6 Paperless Communications ...................................................................... 3 ARTICLE 6.7 Advance Rulings ...................................................................................... 3 ARTICLE 6.8 Penalties .................................................................................................. 4 ARTICLE 6.9 Release of Goods ..................................................................................... 4 ARTICLE 6.10 Authorised Economic Operators ............................................................. 5 ARTICLE 6.11 Border Agency Cooperation ................................................................... 5 ARTICLE 6.12 Expedited Shipments .............................................................................. 5 ARTICLE 6.13 Review and Appeal................................................................................. 6 ARTICLE 6.14 Customs Cooperation ............................................................................. 6 ARTICLE 6.15 Confidentiality ......................................................................................... 7 ARTICLE 6.16 Subcommittee on Customs Procedures and Trade Facilitation ............... 7 CHAPTER 7 TRADE REMEDIES .....................................................................1 ARTICLE 7.1 Definitions ................................................................................................ 1 ARTICLE 7.2 Anti-Dumping and Countervailing Measures............................................. 1 ARTICLE 7.3 Bilateral Safeguard Measures .................................................................. 3 ARTICLE 7.4 Global Safeguard Measures ..................................................................... 7 ARTICLE 7.5 Subcommittee on Trade Remedies .......................................................... 8 CHAPTER-8 TRADE IN SERVICES .................................................................1 ARTICLE 8.1 Definitions ................................................................................................ 1 ARTICLE 8.2 Scope and Coverage................................................................................ 4 ARTICLE 8.3 Market Access .......................................................................................... 5 ARTICLE 8.4 National Treatment ................................................................................... 6 ARTICLE 8.5 Additional Commitments........................................................................... 6 ARTICLE 8.6 Most Favoured Nation Treatment ............................................................. 6 ARTICLE 8.7 Schedule of Specific Commitments .......................................................... 7 ARTICLE 8.8 Modification of Schedules......................................................................... 7 ARTICLE 8.9 Review ..................................................................................................... 8 ARTICLE 8.10 Domestic Regulation .............................................................................. 8 ARTICLE 8.11 Recognition .......................................................................................... 10 ARTICLE 8.12 Monopolies and Exclusive Service Suppliers ........................................ 11 ARTICLE 8.13 Business Practices ............................................................................... 11 <!-- page break -->

ARTICLE 8.14 Safeguard Measures ............................................................................ 12 ARTICLE 8.15 Subsidies.............................................................................................. 12 ARTICLE 8.16 Payments and Transfers ...................................................................... 12 ARTICLE 8.17 Restrictions to Safeguard the Balance of Payments ............................. 12 ARTICLE 8.18 Denial of Benefits ................................................................................. 13 ARTICLE 8.19 Movement of Natural Persons .............................................................. 14 ANNEX 8C Telecommunication Services (Referred to in Chapter 8) ..........1 ANNEX 8D Movement of Natural Persons Supplying Services (Referred to in Chapter 8) ...............................................................................1 CHAPTER 9 DIGITAL TRADE ..........................................................................1 ARTICLE 9.1 Definitions ................................................................................................ 1 ARTICLE 9.2 Objectives ................................................................................................ 2 ARTICLE 9.3 General Provisions ................................................................................... 2 ARTICLE 9.4 Paperless Trading .................................................................................... 2 ARTICLE 9.5 Domestic Electronic Transactions Framework .......................................... 3 ARTICLE 9.6 Authentication .......................................................................................... 3 ARTICLE 9.7 Digital Identities ........................................................................................ 4 ARTICLE 9.8 Online Consumer Protection .................................................................... 4 ARTICLE 9.9 Unsolicited Commercial Electronic Messages .......................................... 4 ARTICLE 9.10 Personal Data Protection........................................................................ 5 ARTICLE 9.11 Cross-Border Flow of Information .......................................................... 5 ARTICLE 9.12 Open Data .............................................................................................. 6 ARTICLE 9.13 Digital Government ................................................................................. 6 ARTICLE 9.14 Cooperation on Digital Products ............................................................. 7 ARTICLE 9.15 Customs Duties ...................................................................................... 7 ARTICLE 9.16 Digital and Electronic Invoicing ............................................................... 8 ARTICLE 9.17 Digital and Electronic Payments ............................................................. 8 ARTICLE 9.18 Principles on Access to and Use of the Internet for Digital Trade ........... 9 ARTICLE 9.19 Cyber Security ........................................................................................ 9 ARTICLE 9.20 Cooperation............................................................................................ 9 CHAPTER 10 GOVERNMENT PROCUREMENT .............................................1 ARTICLE 10.1 Definitions .............................................................................................. 1 ARTICLE 10.2 General provisions ................................................................................. 2 ARTICLE 10.3 Scope ..................................................................................................... 2 ARTICLE 10.4 Exceptions.............................................................................................. 4 ARTICLE 10.5 General Principles .................................................................................. 5 ARTICLE 10.6 Publication of Procurement Information .................................................. 6 <!-- page break -->

ARTICLE 10.7 Notices of Intended Procurement ........................................................... 6 ARTICLE 10.8 Conditions for Participation ..................................................................... 8 ARTICLE 10.9 Qualification of Suppliers ........................................................................ 9 ARTICLE 10.10 Electronic Reverse Auction................................................................. 10 ARTICLE 10.11 Limited Tendering ............................................................................... 11 ARTICLE 10.12 Negotiations ....................................................................................... 13 ARTICLE 10.13 Technical Specifications ..................................................................... 14 ARTICLE 10.14 Tender Documentation ....................................................................... 14 ARTICLE 10.15 Time Periods ...................................................................................... 15 ARTICLE 10.16 Treatment of Tenders and Awarding of Contracts .............................. 16 ARTICLE 10.17 Transparency and Post-Award Information......................................... 17 ARTICLE 10.18 Disclosure of Information .................................................................... 17 ARTICLE 10.19 Ensuring Integrity in Procurement Practices ....................................... 18 ARTICLE 10.20 Domestic Review................................................................................ 18 ARTICLE 10.21 Modifications and Rectifications of Annex........................................... 20 ARTICLE 10.22 Facilitation of Participation by Micro, Small and Medium Enterprises (MSMEs) ...................................................................................................................... 21 ARTICLE 10.23 Financial Obligations .......................................................................... 21 ARTICLE 10.24 Language ........................................................................................... 21 ARTICLE 10.25 Dispute Settlement Mechanism .......................................................... 22 ANNEX 10A Schedule of India (Referred to in Chapter 10) ..........................1 ANNEX 10B Schedule of the UAE (Referred to in Chapter 10) ....................1 CHAPTER 11 INTELLECTUAL PROPERTY ....................................................1 ARTICLE 11.1 Definitions .............................................................................................. 1 ARTICLE 11.2 Objectives .............................................................................................. 1 ARTICLE 11.3 Principles................................................................................................ 1 ARTICLE 11.4 Understandings in Respect of this Chapter............................................. 1 ARTICLE 11.5 Nature and Scope of Obligations ............................................................ 2 ARTICLE 11.6 TRIPS and Public Health ........................................................................ 2 ARTICLE 11.7 National Treatment ................................................................................. 3 ARTICLE 11.8 Most-Favoured-Nation Treatment ........................................................... 3 ARTICLE 11.9 Transparency and Ease of Access ......................................................... 3 ARTICLE 11.10 Application of Chapter to Existing Subject Matter and Prior Acts .......... 4 ARTICLE 11.11 Exhaustion of Intellectual Property Rights ............................................ 4 ARTICLE 11.12 Cooperation Activities and Initiatives .................................................... 5 ARTICLE 11.13 Cooperation in the Field of Patents....................................................... 5 ARTICLE 11.14 Cooperation on Request ....................................................................... 6 <!-- page break -->

ARTICLE 11.15 Use of Identical or Similar Signs ........................................................... 6 ARTICLE 11.16 Scope of Protection in Trademarks....................................................... 6 ARTICLE 11.17 Well-Known Trademarks ...................................................................... 6 ARTICLE 11.18 Procedural Aspects of Examination, Opposition and Cancellation ........ 7 ARTICLE 11.19 Classification of Goods and Services ................................................... 8 ARTICLE 11.20 Multiclass Application ........................................................................... 8 ARTICLE 11.21 Term of Protection for Trademarks ....................................................... 8 ARTICLE 11.22 Exceptions............................................................................................ 8 ARTICLE 11.23 Country Names .................................................................................... 9 ARTICLE 11.24 Recognition of Geographical Indications............................................... 9 ARTICLE 11.25 Opposition Procedures ......................................................................... 9 ARTICLE 11.26 Grace Period ........................................................................................ 9 ARTICLE 11.27 Exceptions.......................................................................................... 10 ARTICLE 11.28 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions ................................................................................................................. 10 ARTICLE 11.29 Protection of Undisclosed Test or Other Data for Pharmaceutical Products....................................................................................................................... 10 ARTICLE 11.30 Rights of Reproduction, Distribution and Communication ................... 11 ARTICLE 11.31 Related Rights .................................................................................... 12 ARTICLE 11.32 Obligations Concerning Protection of Technological Measures and Rights Management Information .................................................................................. 13 ARTICLE 11.33 Limitations and Exceptions ................................................................. 13 ARTICLE 11.34 General Obligation in Enforcement ..................................................... 14 CHAPTER 12 INVESTMENT AND TRADE ......................................................1 ARTICLE 12.1 UAE-India Bilateral Investment Treaty .................................................... 1 ARTICLE 12.2 Promotion of Investment......................................................................... 1 ARTICLE 12.3 Technical Council ................................................................................... 1 ARTICLE 12.4 Objectives of the Council ........................................................................ 1 ARTICLE 12.5 Role of the Council ................................................................................. 2 ARTICLE 12.6 Non-Application of Dispute Settlement ................................................... 2 CHAPTER 13 MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) .........................................................................................1 ARTICLE 13.1 General Principles .................................................................................. 1 ARTICLE 13.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 1 ARTICLE 13.3 Information Sharing ................................................................................ 2 ARTICLE 13.4 Committee on SME Issues ..................................................................... 3 ARTICLE 13.5 Non-Application of Dispute Settlement ................................................... 4 CHAPTER 14 ECONOMIC COOPERATION ....................................................1 <!-- page break -->

ARTICLE 14.1 Objectives .............................................................................................. 1 ARTICLE 14.2 Scope .................................................................................................... 1 ARTICLE: 14.3 Annual Work Program on Economic Cooperation Activities ................... 2 ARTICLE 14.4 Competition Policy.................................................................................. 2 ARTICLE 14.5 Environmental Cooperation .................................................................... 2 ARTICLE 14.6 Air Services Cooperation ........................................................................ 3 ARTICLE 14.7 Resources ............................................................................................. 3 ARTICLE 14.8 Committee on Economic Cooperation .................................................... 3 ARTICLE 14.9 Non-Application of Chapter 15 (Dispute Settlement) .............................. 4 CHAPTER 15 DISPUTE SETTLEMENT ...........................................................1 ARTICLE 15.1 Objective ................................................................................................ 1 ARTICLE 15.2 Cooperation............................................................................................ 1 ARTICLE 15.3 Scope of Application ............................................................................... 1 ARTICLE 15.4 Contact Points ........................................................................................ 1 ARTICLE 15.5 Request for Information .......................................................................... 1 ARTICLE 15.6 Consultations ........................................................................................ 2 ARTICLE 15.7 Good Offices or Mediation ...................................................................... 2 ARTICLE 15.8 Establishment of a Panel ........................................................................ 3 ARTICLE 15.9 Composition of a Panel .......................................................................... 3 ARTICLE 15.10 Requirements for Panellists .................................................................. 4 ARTICLE 15.11 Replacement of Panellists .................................................................... 4 ARTICLE 15.12 Functions of the Panel .......................................................................... 4 ARTICLE 15.13 Terms of Reference .............................................................................. 5 ARTICLE 15.14 Decision on Urgency ............................................................................ 5 ARTICLE 15.15 Rules of Interpretation .......................................................................... 5 ARTICLE 15.16 Rules of Procedure of the Panel ........................................................... 5 ARTICLE 15.17 Receipt of Information .......................................................................... 6 ARTICLE 15.18 Interim Report....................................................................................... 6 ARTICLE 15.19 Final Report .......................................................................................... 6 ARTICLE 15.20 Implementation of the Final Report ....................................................... 7 ARTICLE 15.21 Reasonable Period of Time for Compliance ......................................... 7 ARTICLE 15.22 Compliance Review .............................................................................. 7 ARTICLE 15.23 Temporary Remedies in Case of Non-Compliance ............................... 8 ARTICLE 15.24 Review of any Measure Taken to Comply After the Adoption of Temporary Remedies..................................................................................................... 9 ARTICLE 15.25 Suspension and Termination of Proceedings ..................................... 10 ARTICLE 15.26 Choice of Forum ................................................................................. 10 <!-- page break -->

ARTICLE 15.27 Costs .................................................................................................. 11 ARTICLE 15.28 Mutually Agreed Solution.................................................................... 11 ARTICLE 15.29 Time Periods ...................................................................................... 11 ARTICLE 15.30 Annexes ............................................................................................. 11 ANNEX 15A Code of Conduct for Panellists (Referred to in Chapter 15) ...1 ANNEX 15B Rules of Procedure for the Panel (Referred to in Chapter 15) 1 CHAPTER 16 EXCEPTIONS ............................................................................1 ARTICLE 16.1 General Exceptions ................................................................................ 1 ARTICLE 16.2 Security Exceptions ................................................................................ 1 ARTICLE 16.3 Taxation ................................................................................................. 2 CHAPTER 17 ADMINISTRATION OF THE AGREEMENT ...............................1

ARTICLE 17.1 Joint Committee ..................................................................................... 1 ARTICLE 17.2 Communications..................................................................................... 2 CHAPTER 18 FINAL PROVISIONS .................................................................1 ARTICLE 18.1 Annexes, Footnotes and Side Letters ..................................................... 1 ARTICLE 18.2 Amendments .......................................................................................... 1 ARTICLE 18.3 Accession ............................................................................................... 1 ARTICLE 18.4 Duration and Termination ....................................................................... 1 ARTICLE 18.5 Entry into Force ...................................................................................... 1 ANNEX 2A Schedule of Specific Tariff Commitments of India on Trade in Goods (Referred to in Chapter 2)..............................................1 ANNEX 2B Schedule of Specific Tariff Commitments of United Arab Emirates (UAE) on Trade in Goods (Referred to in Chapter 2) ..................................................................................................1 ANNEX 8A Schedule of Specific Commitments of India on Trade in Services (Referred to in Chapter 8) ..........................................1 ```text (b) Rental/ leasing services without operators relating to aircraft ........................ 14 (d) Rental/ leasing services without operators relating to other machinery and equipment (CPC 83106 –83109) .................................................................................. 15 (e) Rental/ leasing services concerning personal and household goods ``` (CPC832) ..................................................................................................................... 15 Planning, creating and placement services of advertising (CPC 87120) ....................... 15 ```text (c) Management consulting services excluding all services relating to legal ``` consultancy (CPC 86501**, 86502**, 86503**, 86505**, 86506**, 86509**) ................. 16 ANNEX 8B Schedule of Specific Commitments of United Arab Emirates (UAE) on Trade in Services (Referred to in Chapter 8) ...........1 <!-- page break --> <!-- page break --> PREAMBLE The Government of the United Arab Emirates (UAE) and the Government of the Republic of India (India); hereinafter referred to individually as a “Party” and collectively as “the Parties”; RECOGNISING the Parties’ strong, historic, and developing relationship, the friendly ties that exists between their people, and wishing to strengthen these links through the creation of a free trade area, thus establishing close and lasting relations; CONSCIOUS of their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization, in a manner conducive to the development of regional and international cooperation, thereby contributing to the harmonious development and expansion of world trade; MINDFUL of the dynamic and rapidly changing international environment brought about by globalisation and technological progress that presents various economic and strategic challenges and opportunities to the Parties; AIMING to establish a clear, transparent, and predictable legal framework that supports further expansion of trade; DETERMINED to strengthen their economic and trade relations for their mutual benefit through trade liberalisation in goods and services; DESIRING to enhance investment facilitation and cooperation between the Parties; AIMING to encourage transfer of technology, strengthen their bilateral relationship, encourage creation of new employment opportunities, raise living standards, and improve the general welfare of their populations; CONVINCED that the establishment of a free trade area will provide a more favourable climate for the promotion and development of economic and trade relations between the Parties; INTENDING to facilitate trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters; DETERMINED to support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in, and benefit from the opportunities created by this Agreement; RECOGNISING their right to regulate and to preserve the flexibility of the Parties to set legislative and regulatory priorities; RECOGNISING FURTHER the need to protect legitimate public welfare objectives, such as health, safety, environmental protection, conservation of living or non-living exhaustible natural resources, integrity and stability of the financial system, and public morals, in accordance with the rights and obligations provided in this Agreement; <!-- page break --> CONSCIOUS that a bilateral relationship between the Parties will contribute to trade expansion and promote greater regional economic integration, not only between the Parties but also in the region; and CONVINCED that this Agreement will open a new era for the relationship between the Parties; HAVE AGREED, AS FOLLOWS: <!-- page break --> CHAPTER 1 INITIAL PROVISIONS AND GENERAL DEFINITIONS

ARTICLE 1.1 Establishment of a Free Trade Area As developing country World Trade Organization (WTO) Members, the Parties to this Comprehensive Economic Partnership Agreement (CEPA) hereby establish a free trade area, in conformity with the Decision of 28 November 1979 on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause) and Article V of the General Agreement on Trade in Services (GATS).

ARTICLE 1.2 Objectives The objectives of this Agreement are: ```text (a) to strengthen and enhance trade and economic cooperation in the fields agreed between the Parties; (b) to liberalise and facilitate trade between the Parties in accordance with the provisions of this Agreement; (c) to enhance investment facilitation and cooperation between the Parties in accordance with the provisions of this Agreement; (d) to improve the efficiency and competitiveness of the Parties’ manufacturing and services sectors and to expand trade between the Parties, including joint exploitation of commercial and economic opportunities in non-Parties; (e) to facilitate and enhance regional economic cooperation and integration; and (f) to build upon the Parties’ commitments at the WTO.

ARTICLE 1.3 General Definitions ``` For the purposes of this Agreement: “agreement” means this instrument, the India-UAE CEPA; “Agreement on Agriculture” means the Agreement on Agriculture, set out in Annex 1A to the WTO Agreement; “Customs Valuation Agreement” means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement; 1-1 <!-- page break --> “days” means calendar days, including weekends and holidays; “direct taxes” comprise all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation; and also include the taxes covered under the Agreement Between the Government of the Republic of India and the Government of the United Arab Emirates for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, as amended by the Protocols thereto; “DSU” means the Understanding on Rules and Procedures Governing the Settlement of Disputes, set out in Annex 2 to the WTO Agreement; “GATS” means the General Agreement on Trade in Services, set out in Annex 1B to the WTO Agreement; “GATT 1994” means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement; “Import Licensing Agreement” means the Agreement on Import Licensing Procedures, set out in Annex 1A to the WTO Agreement; “Joint Committee” means the Joint Committee established pursuant to Article 17.1 (Joint Committee – Administration of the Agreement) of this Agreement; “measure” means any measure, whether in the form of a law, regulation, rule, procedure, decision, practice, administrative action, or any other form; “WTO” means the World Trade Organization; and “WTO Agreement” means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, on 15 April 1994.

ARTICLE 1.4 Geographical Scope This Agreement shall apply to the territory of the Parties, in accordance with their respective Constitutions, including their land territory, territorial waters, and the airspace above it and other maritime zones including the Exclusive Economic Zone and continental shelf over which the Parties have sovereignty, sovereign rights or exclusive jurisdiction, in accordance with their laws and regulations in force, and applicable rules of international law.

ARTICLE 1.5 Relation to Other Agreements ```text 1. The Parties reaffirm their rights and obligations with respect to each other under ``` the WTO Agreement and other agreements to which they are party. 1-2 <!-- page break --> ```text 2. In the event of any inconsistency between this Agreement and other ``` agreements to which both Parties are party, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.

ARTICLE 1.6 Regional and Local Government ```text 1. Each Party shall take such reasonable measures as may be available to it to ``` ensure observance of the provisions of this Agreement by the regional and local governments and authorities within its territory. ```text 2. This provision is to be interpreted and applied in accordance with the principles ``` set out in paragraph 12 of Article XXIV of the GATT 1994.

ARTICLE 1.7 Transparency ```text 1. Without prejudice to Article 1.8 (Confidential Information), each Party shall ``` publish or otherwise make publicly available their laws, regulations, judicial decisions and administrative rulings of general application, as well as their respective international agreements which may affect the operation of this Agreement. ```text 2. Each Party shall, within a reasonable period of time, respond to specific ``` questions and provide, upon request, information to each other on matters referred to in paragraph 1. ```text 3. Each Party shall make available to the public, the names and addresses of the ``` competent authorities responsible for laws, regulations, administrative procedures, and administrative rulings, referred to in paragraph 1. ```text 4. The Parties shall endeavour to make available all information, published or ``` otherwise under paragraphs 1 to 3, in the English language. The Parties shall provide such information in the English language, if any request is made by an individual before the competent authority, within a reasonable period of time.

ARTICLE 1.8 Confidential Information ```text 1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of information designated as confidential by the other Party. 2. Information provided in confidence pursuant to this Agreement shall be used only for the purposes specified by the Party providing the information. 3. Notwithstanding paragraph 1, confidential information provided pursuant to this ``` Agreement may be transmitted to a third party subject to the prior consent of the Party providing the information. ```text 4. Nothing in this Agreement shall require a Party to disclose confidential ``` information, the disclosure of which would impede law enforcement of the Party, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of any economic operator. 1-3 <!-- page break --> CHAPTER 2 TRADE IN GOODS

ARTICLE 2.1 Scope and Coverage Except as otherwise provided in this Agreement, this Chapter applies to trade in goods between the Parties.

ARTICLE 2.2 Definitions For the purposes of this Chapter: “Customs Administration” means the authority that, according to the laws and regulations of each Party, is responsible for the administration and enforcement of the customs laws and regulations of that Party. For UAE, it shall be the Federal Authority for Identity, Citizenship, Customs & Port Security, and for India, it shall be the Central Board of Indirect Taxes and Customs; and “customs duty” refers to any duty or charge of any kind imposed in connection with the importation of a product, but does not include any: ```text (a) charge equivalent to an internal tax imposed in conformity with Article III of the GATT 1994; (b) anti-dumping or countervailing duty that is applied consistently with the provisions of Article VI of the GATT 1994, the Agreement on the Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement), and the Agreement on Subsidies and Countervailing Measures (SCM Agreement), set out in Annex 1A to the WTO Agreement, respectively, or (c) fee or other charge in connection with importation commensurate with the cost of services rendered in conformity with Article VIII of the GATT 1994.

ARTICLE 2.3 National Treatment on Internal Taxation and Regulation 1. The Parties shall accord national treatment in accordance with Article III of the ``` GATT 1994, including its interpretative notes. To this end, Article III of the GATT 1994 and its interpretative notes are incorporated into and form part of this Agreement, mutatis mutandis. ```text 2. The treatment to be accorded by a Party under paragraph 1 means, with ``` respect to a sub-central level of government, treatment no less favourable than the most favourable treatment that sub-central level of government accords to any like, directly competitive, or substitutable goods, as the case may be, of the Party of which it forms a part. 2-1 <!-- page break -->

ARTICLE 2.4 Customs Duties ```text 1. The Parties shall not nullify or impair any of the tariff concessions made by them under this Agreement, except as provided in this Agreement. 2. Upon the entry into force of this Agreement, India shall eliminate its customs ``` duties applied on goods originating from the UAE in accordance with Annex 2A (Schedule of Specific Tariff Commitments of India) and the UAE shall eliminate its customs duties on goods from India in accordance with Annex 2B (Schedule of Specific Tariff Commitments of the UAE). ```text 3. Where a Party reduces its most-favoured nation (MFN) applied rate of customs ``` duty, that duty rate shall apply to an originating good of the other Party if, and for as long as, it is lower than the customs duty rate on the same good calculated in accordance with Annex 2A (for India) or Annex 2B (for the UAE).

ARTICLE 2.5 Classification of Goods and Transposition of Schedules ```text 1. The classification of goods traded between the Parties shall be in conformity ``` with the HS and its amendments. Each Party shall ensure consistency in applying its laws and regulations on tariff classification of originating goods of the other Party. ```text 2. Pursuant to paragraph 1, each Party shall ensure that the transposition of its ``` schedule of tariff commitments, undertaken in order to implement Annex 2A (for India) or Annex 2B (for the UAE) in the nomenclature of the revised HS Code following periodic amendments to the HS Code, is carried out without impairing or diminishing the tariff commitments set out in its Schedule of Tariff Commitments in Annex 2A (for India) or Annex 2B (for the UAE). ```text 3. The Parties shall publish such revisions in a timely manner. 4. Each Party shall, on the request of the other Party and within a reasonable ``` period of time after receiving the request, provide the other Party a brief explanation in response to any concerns raised regarding the transposition of its Schedule of Tariff Commitments.

ARTICLE 2.6 Temporary Admission ```text 1. Each Party shall, in accordance with its laws and regulations, grant temporary ``` admission free of customs duties for the following goods imported from the other Party regardless of their origin: ```text (a) professional and scientific equipment and materials, including their spare parts, and goods for sports purposes, that are necessary for carrying out the business activity, trade, or profession of a person who qualifies for temporary entry pursuant to the laws of the importing Party; 2-2 ``` <!-- page break --> ```text (b) goods intended for display or use at playgrounds, theatres, exhibitions, fairs or other similar events, including commercial samples, advertising materials including printed materials, films and recordings; (c) containers and pallets in use or to be used for refilling; (d) machinery and equipment for completion of projects or for conducting the experiments and tests relating to such projects, or for repair; and (e) goods entered for completion of processing. 2. A Party shall not impose any condition on the temporary admission of a good referred to in paragraph 1, other than to require that such good: (a) be accompanied by a security deposit in an amount no greater than the customs duty or charges that would otherwise be owed on importation, releasable on exportation of the good; (b) be exported on the departure of the person referred to in subparagraph 1(a) or within such period of time as is reasonably related to the purpose of temporary admission; (c) be capable of identification when exported; (d) not be sold or leased while in its territory; (e) not be imported in a quantity greater than is reasonable for its intended use; and (f) be otherwise admissible into the importing Party’s territory under its laws. 3. If any condition that a Party imposes under paragraph 2 has not been fulfilled, ``` that Party may apply the customs duty and any other charge that would normally be owed on importation of the good. ```text 4. Each Party shall, at the request of the importer and for reasons deemed valid ``` by its Customs Administration, extend the time limit for temporary admission beyond the period initially fixed. ```text 5. Each Party shall relieve the importer of liability for failure to export a temporarily ``` admitted good upon presentation of satisfactory proof to the Party’s Customs Administration that the good has been destroyed within the original time limit for temporary admission or any lawful extension. A Party may condition relief of liability under this paragraph by requiring the importer to receive prior approval from the Customs Administration of the importing Party before the good can be so destroyed. ```text 6. Each Party, through its Customs Administration, shall adopt and maintain ``` procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, these procedures shall provide that when such goods accompany a national or resident of the other Party who is seeking temporary entry, the good shall be released simultaneously with the entry of that national or resident. 2-3 <!-- page break -->

ARTICLE 2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials ```text 1. Each Party shall, in accordance with its laws and regulations, grant duty-free ``` entry to commercial samples of negligible value, and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that: (a) such samples be imported solely for the solicitation of orders for goods, or the solicitation of orders for services provided from the territory, of the other Party or a non-Party; or ```text (b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither such materials nor packets form part of a larger consignment.

ARTICLE 2.8 Goods Returned or Re-Entered After Repair or Alteration 1. Neither Party may apply a customs duty to a good, regardless of its origin, that ``` re-enters its territory within one (1) year after that good has been exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in its territory, except that a customs duty may be applied to the addition resulting from the repair or alteration that was performed in the territory of the other Party. ```text 2. Neither Party may apply a customs duty to a good, regardless of its origin, ``` imported temporarily from the territory of the other Party for repair or alteration, provided such good is exported from the territory of the importing Party within one (1) year of its entry. ```text 3. For the purposes of this Article, “repair” or “alteration” means any operation or ``` process undertaken on a good to remedy operational defects or material damage and entailing the re-establishment of the good to its original function, or to ensure its compliance with technical requirements for its use. Repair or alteration of a good includes restoring, renovating, cleaning, resterilising, maintenance, or other operation or process, regardless of a possible increase in the value of the good, that does not: ```text (a) destroy a good’s essential characteristics or create a new or commercially different good; (b) transform an unfinished good into a finished good; or (c) changes the function of a good. 4. The Parties shall commence a review of this Article within two (2) years of the ``` date of entry into force of this Agreement and, thereafter, every three (3) years, or as the Parties agree otherwise. 2-4 <!-- page break -->

ARTICLE 2.9 Import and Export Restrictions

Article XI of the GATT 1994 and its interpretive notes are incorporated into and form part of this Agreement, mutatis mutandis.

ARTICLE 2.10 Import Licensing ```text 1. Each Party shall ensure that all automatic and non-automatic import licensing ``` procedures are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement. ```text 2. Promptly after entry into force of this Agreement, each Party shall notify the ``` other Party of any existing import licensing procedures. The notification shall include the information specified in Article 5.2 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if: ```text (a) it has notified that procedure to the WTO Committee on Import Licensing provided in Article 4 of the Import Licensing Agreement together with the information specified in Article 5.2 of the Import Licensing Agreement; and (b) in the most recent annual submission due before the date of entry into force of this Agreement for the Party to the WTO Committee on Import Licensing, in response to the annual questionnaire on import licensing procedures as described in Article 7.3 of the Import Licensing Agreement, it has provided with respect to that procedure, the information requested in the questionnaire. 3. Thereafter, each Party shall notify the other Party of any new import licensing ``` procedure and any modification it makes to its existing import licensing procedures, to the extent possible thirty (30) days before it takes effect. In no case shall a Party provide the notification later than sixty (60) days after the date of its publication. A notification provided under this Article shall include the information specified in Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this obligation if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with Articles 5.1, 5.2 or 5.3 of the Import Licensing Agreement. ```text 4. Before applying any new or modified import licensing procedure, a Party shall ``` publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least twenty-one (21) days before the new procedure or modification takes effect. ```text 5. The notification required under paragraphs 2 and 3 is without prejudice to whether the import licensing procedure is consistent with this Agreement. 6. No application shall be refused for minor documentation errors which do not ``` alter the basic data contained therein. Minor documentation errors may include 2-5 <!-- page break --> formatting errors (for instance, the width of a margin or the font used) and errors with spelling which are made without fraudulent intent or gross negligence. ```text 7. A notification made under paragraph 3 shall state if, under any procedure that is a subject of the notification: (a) the terms of an import license for any product limit the permissible end users of the product; or (b) the Party imposes any of the following conditions on eligibility for obtaining a license to import any product (i) membership in an industry association; (ii) approval by an industry association of the request for an import license; (iii) a history of importing the product, or similar products; (iv) minimum importer or end use production capacity; (v) minimum importer or end use registered capital; or (vi) a contractual or other relationship between the importer and distributor in the Party’s territory. 8. Each Party shall, to the extent possible, answer within sixty (60) days all ``` reasonable enquiries from the other Party with regard to the criteria employed by its respective licensing authorities in granting or denying import licenses. The importing Party shall publish sufficient information for the other Party and traders to know the basis for granting or allocating import licences. ```text 9. If a Party denies an import licence application with respect to a good of the ``` other Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denial.

ARTICLE 2.11 Customs Valuation The Parties shall determine the customs value of goods traded between them in accordance with Article VII of the GATT 1994 and the Customs Valuation Agreement, mutatis mutandis.

ARTICLE 2.12 Export Subsidies ```text 1. The Parties shall not introduce or maintain export subsidies that are contrary to ``` their obligations under the SCM Agreement on all goods traded between them. 2-6 <!-- page break --> ```text 2. The Parties reaffirm their commitments made in the WTO Ministerial ``` Conference Decision on Export Competition adopted in Nairobi on 19 December 2015, including the elimination of scheduled export subsidy entitlements for agricultural goods. ```text 3. The Parties share the objective of the multilateral elimination of export subsidies ``` for agricultural goods and shall work together to prevent their reintroduction in any form.

ARTICLE 2.13 Transparency

Article X of the GATT 1994 is incorporated into and forms part of this Agreement, mutatis mutandis.

ARTICLE 2.14 Restrictions to Safeguard the Balance-of-Payments ```text 1. The Parties shall endeavour to avoid the imposition of restrictive measures for balance-of-payments purposes. 2. Any such measures taken for trade in goods shall be in accordance with Article ``` XII of the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994, the provisions of which are incorporated into and form part of this Agreement, mutatis mutandis.

ARTICLE 2.15 Administrative Fees and Formalities ```text 1. Each Party shall ensure, in accordance with Article VIII:1 of the GATT 1994 and ``` its interpretive notes and Article 6 of the WTO Agreement on Trade Facilitation, that all fees and charges of whatever character (other than import and export duties, charges equivalent to an internal tax or other internal charges applied consistently with Article III:2 of the GATT 1994, and anti-dumping and countervailing duties applied pursuant to its laws and regulations) imposed on, or in connection with, importation or exportation, are limited in amount to the approximate cost of services rendered to imports or exports and do not represent a direct or indirect protection for domestic goods or a taxation of imports for fiscal purposes. ```text 2. Each Party shall promptly publish details and shall make such information ``` available on the internet regarding the fees and charges it imposes in connection with importation or exportation and shall make such information available to the other Party, upon written request, in the English language.

ARTICLE 2.16 Non-Tariff Measures ```text 1. Unless otherwise provided, neither Party shall adopt or maintain any non-tariff ``` measure on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party, except in accordance with its WTO rights and obligations or with this Agreement. 2-7 <!-- page break --> ```text 2. Each Party shall ensure the transparency of its non-tariff measures permitted ``` under paragraph 1 and shall ensure that any such measures are not prepared, adopted or applied with the view to, or with the effect of, creating unnecessary obstacles to trade with the other Party. Any new measure or modification to an existing measure shall be duly notified to the other Party as soon as practicable, but, in any event, no later than the day the measure takes effect. ```text 3. Each Party shall ensure that its laws, regulations, procedures and ``` administrative rulings relating to non-tariff measures are promptly published, including on the internet where feasible, or otherwise made available in such a manner as to enable the other Party to become acquainted with them. ```text 4. If a Party considers that a non-tariff measure of the other Party is an ``` unnecessary obstacle to trade, that Party may nominate such a non-tariff measure for review by the Committee on Trade in Goods (CTG), established under this Agreement, by notifying the other Party no later than thirty (30) days before the date of the next scheduled meeting of the CTG. A nomination of a non-tariff measure for review shall include reasons for its nomination and, if possible, suggested solutions. The CTG shall immediately review the measure with a view to securing a mutually agreed solution to the matter. Review by the CTG is without prejudice to the Parties’ rights under Chapter 15 (Dispute Settlement).

ARTICLE 2.17 State Trading Enterprises Nothing in this Agreement shall be construed to prevent a Party from maintaining or establishing a state trading enterprise in accordance with Article XVII of the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994.

ARTICLE 2.18 Revision Clause ```text 1. Upon request of a Party, the Parties shall consult to consider accelerating, or ``` broadening the scope of the elimination of customs duties as set out in Annex 2A (Schedule of Specific Tariff Commitments of India) and Annex 2B (Schedule of Specific Tariff Commitments of the UAE). Further commitments between the Parties to accelerate the elimination of a customs duty on a good, or to include a good in Annex 2A (for India) and Annex 2B (for the UAE), shall supersede any duty rate or staging category determined pursuant to their respective Schedules of Tariff Commitments. These commitments shall enter into force on the date specified by the Parties following the exchange of notifications certifying that they have completed their internal legal procedures. ```text 2. Nothing in this Agreement shall prohibit a Party from unilaterally accelerating, ``` or broadening the scope of the elimination of customs duties set out in its Schedule of Tariff Commitments in Annex 2A (for India) or Annex 2B (for the UAE). Any such unilateral acceleration, or broadening of the scope of the elimination of customs duties will neither permanently supersede any duty rate or staging category determined pursuant to their respective Schedule nor will serve to waive that Party’s right to 2-8 <!-- page break --> impose at a later time the duty rate or staging category that is determined for that later time by their respective Schedule. ```text 3. For greater certainty with respect to paragraph 2, a Party may: (a) raise a customs duty back to the level established in its respective Schedule of Tariff Commitments in Annex 2A (for India) or Annex 2B (for the UAE) following a unilateral reduction; or (b) maintain or increase a customs duty as authorised by the Dispute Settlement Body of the WTO.

ARTICLE 2.19 Exchange of Data 1. The Parties recognise the value of trade data in accurately analysing the ``` implementation of this Agreement. The Parties shall cooperate with a view to conducting periodic exchanges of data relating to trade in goods between the Parties. ```text 2. The Parties may engage in such periodic exchanges within the CTG for such ``` purposes and for any other purposes in furtherance of the obligations described in this Chapter as the CTG may determine. ```text 3. A Party shall give positive consideration to a request from the other Party for ``` technical assistance for the purposes of the exchange of data under paragraph 1.

ARTICLE 2.20 Committee on Trade in Goods ```text 1. The CTG is established under the Joint Committee. 2. The functions of the CTG shall include: (a) the monitoring and review of measures taken and implementation of commitments; (b) the exchange of information and review of developments; (c) the preparation of technical amendments, including HS updating, and otherwise assisting the Joint Committee; (d) any other matter referred to it by the Joint Committee; and (e) the preparation of recommendations and reports to the Joint Committee, as necessary. 3. The CTG shall establish such subcommittees as may be necessary under this ``` Agreement, including on Customs Procedures and Trade Facilitation, Technical Barriers to Trade, Sanitary and Phytosanitary Measures, and Trade Remedies. All such subcommittees shall report to the CTG. 2-9 <!-- page break --> ```text 4. Each Party has the right to be represented in the CTG. The CTG shall act by consensus. 5. The CTG shall meet at least every two (2) years or more frequently as the ``` Parties agree otherwise. The meetings of the CTG shall be chaired jointly by the UAE and India. ```text 6. The Parties shall examine any difficulties that might arise in their goods trade ``` and shall endeavour to seek appropriate solutions through dialogue and consultations. 2-10 <!-- page break --> CHAPTER 3 RULES OF ORIGIN

ARTICLE 3.1 Definitions For the purposes of this Chapter: “aquaculture” means the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates, and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production, such as, regular stocking, feeding, protection from predators; “carrier” means any vehicle for air, sea, and land transport. However, the carriage of product can be made through multimodal transport; “CIF value” means the price actually paid or payable to the exporter for a product when the product is loaded out of the carrier, at the port of importation, including the cost of the product, insurance, and freight necessary to deliver the product to the named port of destination. The valuation shall be made in accordance with Article VII of the GATT 1994, including its notes and supplementary provision thereof; and the Customs Valuation Agreement; “competent authority” refers to: ```text (a) for India, the Department of Commerce or the Central Board of Indirect Taxes and Customs (CBIC) or any other agency notified from time to time; and (b) for UAE, to the Ministry of Economy or any other agency notified from time to time; “Customs Administration” refers to: (a) for India, the CBIC; and (b) for UAE, the Federal Customs Authority; ``` “customs value” means the value of a product as determined in accordance with Article VII of the GATT 1994, including its notes and supplementary provisions thereof; and the Customs Valuation Agreement; “Ex Works price” means the price paid for the product ex-works to the manufacturer in the Party where the last working or processing is carried out, provided the price includes the value of all the materials used; “Free-On-Board (FOB) value” means the price actually paid or payable to the exporter for a product when loaded onto the carrier at the named port of exportation, including the cost of the product, and all costs necessary to bring the product onto the carrier; 3-1 <!-- page break --> “generally accepted accounting principles (GAAP)” means the recognised consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures; “Harmonised System (HS)” means the Harmonised Commodity Description and Coding System, including its general rules and legal notes, set out in the Annex to the International Convention on the Harmonised Commodity Description and Coding System. However, based on the HS, the Parties could make any amendments which may be adopted and implemented by the Parties in their respective tariff schedules; “indirect material” means a material used in the production, testing, or inspection of a product, or the operation of equipment associated with the production of a product but not physically incorporated into the product, including: ```text (a) fuel and energy; (b) tools, dies and moulds; (c) spare parts and materials used in maintenance of equipment; (d) lubricants, greases, compounding materials used in production or used to operate equipment; (e) gloves, glasses, footwear, clothing and safety equipment; (f) equipment, devices, supplies used for testing or inspecting of products; (g) catalysts and solvents; and (h) any other material that is not incorporated into the product but for which the use in the production of the products can be reasonably demonstrated to be a part of that production; ``` “issuing authority” refers to the authority(ies) designated by each Party for issuance of certificate of origin. The list of issuing authorities for each Party are given in Annex 3C (Issuing Authorities of the Government of India) and Annex 3D (Issuing Authorities of the Government of the UAE); “manufacture” refers to any kind of working or processing, or specific operations not including simple assembly; “material” means any ingredient, raw input, component or part that is used in the production of a product and physically incorporated into it; “non-originating material (NOM)” means any materials whose country of origin is a country other than the Parties (imported non-originating), any materials whose origin cannot be determined (undetermined origin) or a material that does not qualify as originating under this Chapter; 3-2 <!-- page break --> “originating material” means materials that qualify as originating under this Chapter; “product” means that which is obtained by growing, raising, mining, harvesting, fishing, aquaculture, trapping, hunting, extracting or manufactured, even if it is intended for later use in another manufacturing operation; “production” refers to growing, raising, mining, harvesting, fishing, aquaculture, trapping, hunting, manufacturing and processing; “tariff classification” means the classification of a product according to the HS, including its General Interpretative Rules and Explanatory Notes thereof; “territorial waters” means waters extending up to twelve (12) nautical miles from the baseline in accordance with applicable rules of international law; “territory” means the territory as defined in Article 1.4 (Geographical Scope); and “value of non-originating materials” means the customs value at the time of importation of the non-originating materials used, i.e., the CIF value or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the territory of a Party.

ARTICLE 3.2 Origin Criteria ```text 1. For the purposes of this Agreement, a product shall be deemed as originating in a Party and shall be eligible for preferential treatment provided it: (a) is wholly obtained or produced in the territory of the Party as per Article 3.3 (Wholly Obtained or Produced Product); or (b) has undergone sufficient working or production as per the Product Specific Rules (PSR) in Annex 3B (Product Specific Rules). 2. The producer or manufacturer has the option to use either of the following two ``` methods of computing the value addition criteria in the PSR at Annex 3B (Product Specific Rules): (a) (𝐹𝑂𝐵 𝑣𝑎𝑙𝑢𝑒 𝑜𝑟 𝐸𝑥 𝑊𝑜𝑟𝑘𝑠 𝑝𝑟𝑖𝑐𝑒) − (𝑉𝑎𝑙𝑢𝑒 𝑜𝑓 𝑁𝑂𝑀) 𝐹𝑂𝐵 𝑣𝑎𝑙𝑢𝑒 𝑜𝑟 𝐸𝑥 𝑊𝑜𝑟𝑘𝑠 𝑝𝑟𝑖𝑐𝑒 The differences in value addition percentages depending on the methodology, i.e., FOB value or Ex Works price, are defined in Annex 3B (Product Specific Rules); or 3-3 <!-- page break --> (b) 𝐶𝑜𝑠𝑡 𝑜𝑓 𝑜𝑟𝑖𝑔𝑖𝑛𝑎𝑡𝑖𝑛𝑔 𝑚𝑎𝑡𝑒𝑟𝑖𝑎𝑙 + 𝑑𝑖𝑟𝑒𝑐𝑡 𝑙𝑎𝑏𝑜𝑢𝑟 𝑐𝑜𝑠𝑡 + 𝑑𝑖𝑟𝑒𝑐𝑡 𝑜𝑣𝑒𝑟ℎ𝑒𝑎𝑑 𝑐𝑜𝑠𝑡 𝐹𝑂𝐵 𝑣𝑎𝑙𝑢𝑒 𝑜𝑟 𝐸𝑥 𝑊𝑜𝑟𝑘𝑠 𝑝𝑟𝑖𝑐𝑒 ```text 3. Notwithstanding paragraph 1 above, the final manufacture before export must ``` have occurred in the Party of export.

ARTICLE 3.3 Wholly Obtained or Produced Product For the purposes of this Agreement, the following products shall be considered as being wholly obtained or produced in the territory of a Party: ```text (a) plant and plant product grown and harvested there; (b) live animals born and raised there; (c) products obtained from live animals there; (d) mineral product and natural resources extracted or taken from that Party’s soil, waters, seabed or beneath the seabed; (e) product obtained from hunting, trapping, fishing or aquaculture conducted there; (f) product of sea fishing and other marine products taken from outside its territorial waters by a vessel and/or produced by a factory ship registered, recorded or licensed with a Party and flying its flag; (g) product, other than products of sea fishing and other marine products, taken or extracted from the seabed or the subsoil of the continental shelf or the exclusive economic zone of any of the Parties; (h) waste or scrap resulting from consumption or manufacturing operations conducted in the territory of that Party, fit only for disposal or recovery of raw materials; and (i) product produced in the territory of that Party exclusively from product referred to in subparagraphs (a) through (h).

ARTICLE 3.4 De Minimis 1. Notwithstanding paragraph 1 of Article 3.2 (Origin Criteria), non-originating ``` materials that do not meet the required change in tariff classification (CTC), if applicable in the product specific rule (PSR), shall be deemed originating if: ```text (a) their total value does not exceed ten percent (10%) of the FOB value or Ex Works price of the exported product; or 3-4 ``` <!-- page break --> ```text (b) in the case of textiles and clothing under HS chapters 50-63, the weight of the non-originating material is less than seven percent (7%) of the total weight of the materials used in the production of the exported product or ten percent (10%) of the FOB value or Ex Works price. 2. In the case of a wholly obtained product, a de minimis value not exceeding one ``` percent (1%) of the FOB value or Ex Works price of the exported product is allowed.

ARTICLE 3.5 Minimal or Insufficient Operations and Processes ```text 1. Notwithstanding any provisions in this Chapter, a product shall not be ``` considered originating in a Party by merely undergoing any of the following operations in the territory of that Party: ```text (a) operations to ensure the preservation of products in good condition during transport, and storage (such as drying, freezing or thawing, keeping in brine, removal of damaged parts) and other similar operations; (b) changes of packaging and breaking up and assembly of packages; (c) washing, cleaning, removal of dust, oxide, oil, paint or other coverings; (d) for textiles: attaching accessory articles such as straps, bands, beads, cords, rings and eyelets; ironing or pressing of textiles; (e) simple painting and polishing; (f) husking, partial or total bleaching, polishing, and glazing of cereals and rice; (g) operations to colour sugar or form sugar lumps; (h) peeling and removal of stones and shells from fruits, nuts and vegetables; (i) sharpening, simple grinding or simple cutting; (j) simple operations such as removal of dust, sifting, screening, sorting, classifying, grading, matching; (k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations; (l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; (m) simple mixing of products, whether or not of different kinds; (n) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts; 3-5 ``` <!-- page break --> ```text (o) slaughter of animals; (p) simple testing, calibration, inspection or certification; or (q) any combination of two or more operations in subparagraphs (a) to (p) above. 2. For the purposes of paragraph 1 above, “simple” describes an activity which ``` needs neither special skills nor machines, apparatus or equipment especially produced or installed to carry out the activity.

ARTICLE 3.6 Non-Qualifying Operations Each Party shall provide that a product shall not be considered to be an originating product merely by reason of: ```text (a) mere dilution with water or another substance that does not materially alter the characteristics of the product; or (b) a production or pricing practice in respect of which it may be demonstrated, on the basis of a preponderance of evidence, that the object was to circumvent the provisions of this Chapter.

ARTICLE 3.7 Bilateral Cumulation 1. Originating products from the territory of a Party that are used in the production ``` of a product in the territory of the other Party as materials for finished products shall be considered as materials originating in the territory of the other Party where the manufacture of the finished product has taken place. ```text 2. Notwithstanding paragraph 1 above, the last production process should be ``` beyond the minimal or insufficient operations as described in Article 3.5 (Minimal or Insufficient Operations and Processes).

ARTICLE 3.8 Packages, Packing Materials and Containers ```text 1. The packages, packing materials and containers for retail sale in which a ``` product is packed for retail sale, when classified together with the product according to Rule 5(b) of the General Rule for the Interpretation of the Harmonised System, shall be disregarded in determining whether all non-originating materials used in the manufacture of a product undergo a CTC applicable to the said product. ```text 2. Wherever such a product is subject to value addition, the value of the packages, ``` packing materials and containers for retail sale in which a product is packed for retail sale shall be taken into account as originating or non-originating, as the case may be, in calculating the value addition for the product. 3-6 <!-- page break --> ```text 3. The containers and packing materials exclusively used for the transport or ``` shipment of a product shall not be taken into account for determining the origin of the product.

ARTICLE 3.9 Accessories, Spare Parts, Tools Each Party shall provide that accessories, spare parts, and tools classified and delivered with a product that form part of the products standard accessories, spare parts, or tools as per standard trade practice, shall be considered as originating and part of the product in question. However, this is contingent on: ```text (a) the accessories, spare parts, or tools are not invoiced separately from the product; (b) the quantities and value of the accessories, spare parts, or tools are customary for the product; and (c) the value of the accessories, spare parts, or tools shall be taken into account as originating or non-originating materials, as the case may be, in calculating the value addition of the product as per Article 3.2 (Origin Criteria).

ARTICLE 3.10 Indirect Materials ``` Indirect materials, shall be considered neither originating nor non-originating when the qualifying value addition is calculated as per paragraph 2 of Article 3.2 (Origin Criteria).

ARTICLE 3.11 Accounting Segregation ```text 1. Each Party shall provide that the determination of whether fungible products or ``` materials are originating products shall be made ordinarily by physical segregation of each product or material; or, in case of any difficulty, an inventory management method, such as averaging, last-in, first-out, or first-in, first out, recognised in the GAAP of the Party in which the production is performed, or otherwise accepted by the Party in which the production is performed. ```text 2. The accounting method shall continue to be used for those fungible products or ``` materials throughout the fiscal year of the Party and shall be recorded, applied and maintained in accordance with the GAAP applicable in the Party in which the product is manufactured. The method chosen must: ```text (a) permit a clear distinction to be made between originating and non- originating materials including materials of undetermined origin acquired and/or kept in stock; and (b) guarantee over the relevant accounting period of twelve (12) months that no more products receive originating status than would be the case if the materials had been physically segregated. 3-7 ``` <!-- page break --> ```text 3. A producer using an inventory management system shall keep records of the ``` operation of the system that are necessary for the competent authority of the Party concerned to verify compliance with the provisions of this Chapter. ```text 4. The competent authority may require from its exporters that the application of ``` the method for managing stocks as provided for in this Article will be subject to prior authorisation.

ARTICLE 3.12 Transport ```text 1. Preferential treatment in accordance with this Agreement shall only be granted to originating products that are transported directly between the Parties. 2. Notwithstanding paragraph 1 above, each Party shall provide that if an ``` originating product is transported outside the territories of the Parties, the product retains its originating status if the product: ```text (a) remains under customs control in the territory of a non-Party and has not entered the trade or consumption in the non-Party; and (b) does not undergo an operation outside the territories of the Parties other than: unloading; reloading; separation from a bulk shipment; storing; labelling or marking, if required by the importing Party; or any other operation necessary to preserve it in good condition or to transport the product to the territory of the importing Party. 3. An importer shall upon request supply appropriate evidence to the customs ``` authorities of the importing Party that the conditions set out in paragraph 2 have been fulfilled.

ARTICLE 3.13 Proof of Origin ```text 1. For products originating in a Party and otherwise fulfilling the requirements of ``` this Chapter, the proof of origin of an exported product shall be provided through any of the following means: ```text (a) a paper Certificate of Origin in electronic or hard copy format issued by a competent authority referred to in Article 3.14 (Certificate of Origin and Certification Procedures); (b) a fully digitised Certificate of Origin (E-Certificate) issued by a competent authority and exchanged by a mutually developed electronic system as per Article 3.34 (Exchange of Electronic Data on Origin); (c) an origin declaration made out by an approved exporter referred to in

Article 3.35 (Origin Declaration). 2. A Certificate of Origin shall be valid for twelve (12) months from the date of ``` issue in the exporting Party. 3-8 <!-- page break --> ```text 3. The Certificate of Origin shall be submitted to the Customs Administration of ``` the importing Party in accordance with the procedures applicable in that Party.

ARTICLE 3.14 Certificate of Origin and Certification Procedures ```text 1. The Certificate of Origin shall be as per the format in Annex 3E (Format of the ``` Certificate of Origin under the India-UAE Trade Agreement). The format would include the HS Code, description and quantity of the products, name of consignee, name of exporter or producer or manufacturer, country of origin, and origin criteria such as value content or CTC. ```text 2. The Certificate of Origin shall be in the English language. 3. The Certificate of Origin shall bear a unique, sequential serial number separate for each office of issuance and affixed by the issuing authority in the exporting Party. 4. The Certificate of Origin will be issued by the competent authority of each Party. It shall bear the authorised signature and official seal of the competent authority. 5. The Certificate of Origin shall be valid for only one import and shall include one or more products. 6. The number and date of the commercial invoice or any other relevant ``` documents shall be indicated in the box reserved for this purpose in the Certificate of Origin. ```text 7. The Certificate of Origin shall be submitted within its validity period. 8. In exceptional circumstances, the Certificate of Origin may be accepted by the ``` Customs Administration in importing Party for the purpose of granting preferential tariff treatment even after the expiry of its validity, provided that the failure to observe the time limit results from force majeure or other valid reasons beyond the control of the exporter and the products have been imported before the expiry of the validity period of the said Certificate of Origin. ```text 9. The Certificate of Origin shall be forwarded by the exporter to the importer. The customs authorities may require the original copy. 10. Neither erasures nor superimposition shall be allowed on the Certificate of ``` Origin. Any alterations shall be made by striking out the erroneous material and by making any addition required. Such alterations shall be approved by a person authorised to sign the Certificate of Origin and certified by the appropriate competent authority or by issuing a new certificate of origin to replace the erroneous one. Unused spaces shall be crossed out to prevent any subsequent addition. ```text 11. The Certificate of Origin shall be issued prior to, at or within five (5) working ``` days of the date of exportation. However, under exceptional cases, where a Certificate of Origin has not been issued at the time of exportation or within five (5) working days from the date of shipment due to involuntary errors or omissions, or any other valid reasons, the Certificate of Origin may be issued retrospectively, bearing the words “ISSUED RETROSPECTIVELY” in box 8 of the Certificate of Origin, with the issuing 3-9 <!-- page break --> authority also recording the reasons in writing on the exceptional circumstances due to which the certificate was issued retrospectively. The Certificate of Origin can be issued retrospectively but no longer than twelve (12) months from the date of shipment. ```text 12. In the event of theft, loss or destruction of a Certificate of Origin, the ``` manufacturer, producer, exporter or their authorised representative may apply in writing to the issuing authority for a certified true copy of the original made on the basis of the export documents in their possession bearing the endorsement of the words “CERTIFIED TRUE COPY” (in lieu of the original certificate) and the date of issuance of the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be issued within the validity period of the original Certificate of Origin. The exporter shall immediately notify the loss and undertake not to use the original Certificate of Origin for exports under this Agreement to the competent authority. ```text 13. Minor discrepancies between the Certificate of Origin and the documents ``` submitted to the Customs Administration at the port of importation for the purpose of carrying out the formalities for importing the products shall not ipso facto invalidate the Certificate of Origin, if such Certificate of Origin corresponds to the products under importation. Minor discrepancies include typing errors or formatting errors, subject to the condition that these minor errors do not affect the authenticity of the Certificate of Origin or the accuracy of the information included in the Certificate of Origin. Discrepancies in the specimen signatures or seals of the issuing authority shall not be regarded as minor discrepancies.

ARTICLE 3.15 Third-Party Invoicing ```text 1. An importing Party shall not deny a claim for preferential tariff treatment for the ``` sole reason that an invoice was not issued by the exporter or producer of a product provided that it meets the requirements in this Chapter. ```text 2. The exporter of the products shall indicate “third-party invoicing” and such ``` information as name, address, invoice date and number, and the country of the company issuing the invoice shall appear in a separate column in the Certificate of Origin.

ARTICLE 3.16 Authorities ```text 1. The Certificate of Origin shall be issued by authorities designated by the Parties (issuing authority). 2. Each Party shall inform the competent authorities and the Customs ``` Administration of the other Party of the names and addresses of the officials of the issuing authority designated to issue Certificates of Origin under this Agreement. ```text 3. The Parties shall exchange specimen seals and signatures of the authorised ``` signatories issuing the Certificate of Origin. 3-10 <!-- page break --> ```text 4. Each Party shall intimate the name, designation and contact details (address, phone number, fax number, e-mail) of its authorities: (a) to whom the specimen seals and signatures of the issuing authorities of the other Party should be communicated: (i) India: CBIC, Department of Revenue, Government of India (ii) UAE: Competent authority (b) to whom the references of verification of the Certificate of Origin issued by the Party, should be addressed: (i) India: Department of Commerce, Government of India (ii) UAE: Competent authority (c) from whom the specimen seals and signatures of the Issuing Authorities of the other Party would be received: (i) India: Department of Commerce, Government of India (ii) UAE: Competent authority (d) from whom references would emanate for verification of the Certificate of Origin issued by the other Party: (i) India: CBIC, Department of Revenue, Government of India (ii) UAE: Competent authority 5. Any change in names, designations, addresses, specimen signatures or officials’ seals shall be promptly informed to the other Party. 6. Each Party shall, within thirty (30) days of the date of entry into force of this ``` Agreement for that Party, designate one or more contact points within its competent authority for the implementation of this Chapter and notify the other Party of the contact details of that contact point or those contact points. Each Party shall promptly notify the other Party of any change to those contact details. 7. Any changes in authorities or agencies listed under this Chapter and the Annexes attached to this Agreement shall be promptly notified to the other Party.

ARTICLE 3.17 Application for Certificate of Origin ```text 1. For the issue of a Certificate of Origin, the final producer, manufacturer or ``` exporter of the product shall present, or submit electronically through the approved channel, to the issuing authority of the exporting Party: (a) an application to the competent authority together with appropriate supporting documents for proving origin; 3-11 <!-- page break --> (b) set of minimum information requirements referred to in Annex 3A (Minimum Required Information) in whichever form or format as may be required by the competent authority and in consonance with the description in the invoice; (c) the corresponding commercial invoice or other documents necessary to establish the origin of the product; and (d) the HS code, description, quantity and value of exported product if the same has already not been provided for. ```text 2. Multiple items declared on the same Certificate of Origin, shall be allowed, provided that each item must qualify separately in its own right. 3. The issuing authority may apply a risk management system in order to ``` selectively conduct pre-export verification of the minimum required information filed by an exporter/producer/manufacturer. The verification may, at the discretion of the issuing authority, include methods such as obtaining detailed cost sheets, and conducting a factory visit.

ARTICLE 3.18 Preservation of Documents ```text 1. The issuing authorities shall keep the minimum required information and ``` supporting documents for a period no less than five (5) years, as from the date of issue. ```text 2. The importer shall keep records relevant to the importation in accordance with ``` the laws and regulations of the importing Party. The application for Certificates of Origin and all documents related to such application shall be retained by the competent authority for not less than five (5) years from the date of issue. ```text 3. The records in paragraphs 1 and 2 may include electronic records and shall be ``` maintained in accordance with the laws and practices of each Party.

ARTICLE 3.19 Obligation of the Exporter/Producer/Manufacturer ```text 1. The exporter/producer/manufacturer shall submit the minimum required ``` information, as referred in paragraph 1(b) of Article 3.17 (Application for Certificate of Origin), and supporting documents for the issue of the Certificate of Origin as per the procedures followed by the issuing authority in the exporting Party only in cases where a product conforms to the Rules of Origin provided in this Agreement. ```text 2. Any exporter/producer/manufacturer who falsely represents any material ``` information relevant to the determination of origin of a product shall be liable to be penalised under the laws and regulations of the exporting Party. ```text 3. The exporter/producer/manufacturer shall keep the minimum required ``` information, as referred in paragraph 1(b) of Article 3.17 (Application for Certificate of Origin), and supporting documents for a period no less than five (5) years, starting from the end of the year of the date of its issue. 3-12 <!-- page break --> ```text 4. For the purpose of the determination of origin, the ``` exporter/producer/manufacturer applying for a Certificate of Origin or Origin Declaration under this agreement shall maintain appropriate commercial accounting records for the production and supply of products (as well as relevant records and documents from the suppliers) qualifying for preferential treatment and keep all commercial and customs documentation relating to the material used in the production of the product, including breakup of costs relating to material, labour, other overheads, and any other relevant elements such as profits and related components for at least five (5) years from the date of issue of the Certificate of Origin. The exporter/producer/manufacturer shall, upon request of the competent authority of the exporting Party where the Certificate of Origin has been issued, make available records for inspection to enable verification of the origin of the product. ```text 5. The exporter/producer/manufacturer shall not deny any request for a ``` verification visit, agreed between the competent authority of the exporting Party and the competent authority of the importing Party, under the terms of Article 3.21 (Verification of Certificates of Origin). Any failure to consent to a verification visit shall be grounds for a denial of preferential benefits claimed under this Agreement. ```text 6. The exporter/producer/manufacturer shall undertake to notify the issuing ``` authority, customs authorities and the importer of any change that could affect its accuracy or validity.

ARTICLE 3.20 Presentations of the Certificate of Origin ```text 1. For the purposes of claiming preferential tariff treatment, the importer or its ``` authorised representative shall submit to the Customs Administration of the importing Party, at the time of filing import declaration, an original copy of the Certificate of Origin including supporting documentation and other documents as required, in accordance with the laws and regulations of the importing Party. ```text 2. If a claim for preferential treatment is made without producing the original copy ``` of the Proof of Origin as referred to in Article 3.14 (Certificate of Origin and Certification Procedures), the Customs Administration of the importing Party may deny preferential treatment and request a guarantee in any of its modalities or may take any action necessary in order to preserve fiscal interests, as a pre-condition for the completion of the importation operations subject to and in accordance with the laws and procedures of the importing Party. ```text 3. Each Party shall, in accordance with its laws, provide that where a product ``` would have qualified as an originating product when it was imported into the territory of that Party, the importer of the product may, within a period specified by the laws of the importing Party, apply for a refund of any excess duties paid as a result of the product not having been accorded preferential treatment. 3-13 <!-- page break -->

ARTICLE 3.21 Verification of Certificates of Origin ```text 1. For the purpose of determining the authenticity and the correctness of the ``` information given in the Certificate of Origin, the importing Party may conduct verification by means of: ```text (a) requests for information from the importer; (b) requests for assistance from the competent authority of the exporting Party as provided for in paragraph 2; (c) written questionnaires to an exporter or a producer in the territory of the other Party through the competent authority of the exporting Party; (d) visits to the premises of an exporter or a producer in the territory of the other Party; or (e) such other procedures as the Parties may agree. 2. For the purposes of subparagraph 1(b), the competent authority of the importing Party: (a) may request the competent authority of the exporting Party to assist it in verifying: (i) the authenticity of a certificate of origin; and/or (ii) the accuracy of any information contained in the certificate of origin; and/or (iii) the authenticity and accuracy of the information and documents, including breakup of costs relating to material, labour, other overheads and any other relevant elements such as profits and related components which are relevant to the origin determination of the product under Article 3.2 (Origin Criteria); (b) shall provide the competent authority of the other Party with: (i) the reasons why such assistance is sought; (ii) the Certificate of Origin, or a copy thereof; and (iii) any information and documents as may be necessary for the purpose of providing such assistance. 3. In so far as possible, the competent authority of the importing Party conducting ``` a verification shall seek necessary information or documents relating to the origin of imported product from the importer, in accordance with its laws and regulations, before making any request to the competent authority of the exporting Party for verification. 3-14 <!-- page break --> ```text 4. In cases where the competent authority of the importing Party deems it ``` necessary to seek a verification from the competent authority of the exporting Party, it shall specify whether the verification is on a random basis or the veracity of the information is in doubt. In case the determination of origin is in doubt, the competent authority shall provide detailed grounds for the doubt concerning the veracity of the Certificate of Origin. ```text 5. The proceedings of verification of origin as provided in this Chapter shall also ``` apply to the products already cleared for home consumption under preferential tariffs according to this Agreement.

ARTICLE 3.22 Procedure for Verification ```text 1. Any request made pursuant to Article 3.21 (Verification of Certificates of Origin) shall be in accordance with the procedure set forth in this Article. 2. The Customs Administration of the importing Party shall make a request for ``` verification by providing a copy of the Certificate of Origin and any supporting document such as an invoice, packing list, bill of lading or airway bill, etc. ```text 3. The Customs Administration of the importing Party shall specify whether it ``` requires a verification of the genuineness of the Certificate of Origin to rule out any forgery, seeks the minimum required information with supporting documents or seeks to verify the determination of origin. ```text 4. In cases where the Customs Administration of the importing Party seeks to ``` verify the determination of origin, the competent authority of the importing Party shall send a questionnaire to the competent authorities of the exporting Party, which shall be passed on to the exporter/producer/manufacturer, for such inquiry or documents, as necessary. 5. The competent authority of the exporting Party shall provide the information and documentation requested, within: ```text (a) fifteen (15) days of the date of receipt of the request, if the request pertains to the authenticity of issue of the Certificate of Origin, including the seal and signatures of the issuing authority; (b) thirty (30) days of the date of receipt of the request, if the request seeks a copy of the relevant document with the minimum required information; or (c) ninety (90) days from the date of receipt of such request, if the request is on the grounds of suspicion of the accuracy of the determination of origin of the product. Such period can be extended through mutual consultation between the Customs Administration of the importing Party and issuing authority of the exporting Party for a period no more than sixty (60) days. 6. If, upon receiving the results of the verification questionnaire pursuant to ``` paragraphs 4 and 5, the competent authority of the importing Party has reasons to 3-15 <!-- page break --> believe and therefore deems it necessary to request further investigative actions or information, the competent authority of the importing Party shall communicate the fact to the competent authority of the exporting Party. The term for the execution of such new actions, or for the presentation of additional information, shall be not more than ninety (90) days from the date of the receipt of the request for the additional information. ```text 7. If, upon receiving the results of the verification pursuant to paragraphs 4 and 5, ``` the competent authority of the importing Party deems it necessary, it may deliver a written request to the competent authority of the exporting Party to facilitate a visit to the premises of the exporter/producer/manufacturer, with a view to examining the records, production processes, as well as the equipment and tools utilised in the manufacture of the product under verification. ```text 8. The request for a verification visit shall be made no later than thirty (30) days ``` of the receipt of the verification report referred to in paragraphs 4 and 5. The requested Party shall promptly inform the dates of the visit, but no later than forty-five (45) days of the receipt of request and give a notice of at least twenty-one (21) days to the requesting Party and exporter/producer/manufacturer so as to enable arrangements for the visit. ```text 9. The competent authorities of the exporting Party shall accompany the ``` authorities of the importing Party in their above-mentioned visit, which may include the participation of specialists who shall act as observers. Each Party can designate specialists, who shall be neutral and have no interest whatsoever in the verification. Each Party may deny the participation of such specialists whenever the latter represent the interests of the companies involved in the verification. ```text 10. Once the visit is concluded, the participants shall subscribe to a “Record of ``` Visit”. The said record shall contain the following information: date and place of the carrying out of the visit; identification of the Certificate of Origin which led to the verification; identification of the products under verification; identification of the participants, including indications of the organs and institutions to which they belong; and a record of proceedings.

ARTICLE 3.23 Release of Products Upon reasonable suspicion regarding the origin of the products, the importing Party may request a guarantee in any of its modalities or may take any action necessary in order to preserve fiscal interests as a pre-condition for the completion of the importation operations, subject to and in accordance with its laws and regulations.

ARTICLE 3.24 Confidentiality ```text 1. The information obtained by the competent authority of the importing Party can ``` be utilised for arriving at a decision regarding the determination of origin in respect of the product under verification and can be used in the legal proceedings concerning issues under this Chapter and under its laws and regulations. 3-16 <!-- page break --> ```text 2. Both Parties shall protect the information from any unauthorised disclosure in ``` accordance with their respective laws and regulations.

ARTICLE 3.25 Denial of Preferential Treatment ```text 1. The Customs Administration of the importing Party may deny the claim for ``` preferential tariff treatment or recover unpaid duties in accordance with its laws and regulations, when: ```text (a) the Customs Administration of the importing Party determines that the product does not meet the requirements of the Rules of Origin under this Agreement; (b) it is established that the exporter/producer/manufacturer of the product is failing to maintain records or documentation necessary for determining the origin of the product or is denying access to the records, documentation or visit for verification; (c) the exporter/producer/manufacturer of the product fails to provide sufficient information and documents, including breakup of costs relating to material, labour, other overheads, and any other relevant elements such as profits and related components that the importing Party requested to determine that the product is an originating product; (d) the exporter/producer/manufacturer denies access to the relevant records or production facilities during a verification visit; (e) the competent authority of the exporting Party fails to provide sufficient information, including breakup of costs relating to material, labour, other overheads and any other relevant elements such as profits and related components in pursuance to a written request for verification or fails or refuses to respond to a request for verification within stipulated time lines stated in Article 3.21 (Verification of Certificates of Origin); (f) the information provided by the competent authority of the exporting Party or exporter/producer/manufacturer is not sufficient to prove that the product qualifies as an originating product as defined under this Agreement. 2. In cases where the Certificate of Origin is rejected by the Customs ``` Administration of the importing Party, after following the due process provided under its domestic laws, a copy of the decision, containing the grounds of rejection, shall be provided to the importer and the competent authority of the exporting Party. The Customs Administration of the importing Party shall, along with the communication of the decision, return the original Certificate of Origin to the competent authority of the exporting Party. ```text 3. Upon being communicated the grounds for denial of preferential tariff treatment, ``` the exporter/producer/manufacturer in the exporting Party may, within the period provided for in the custom laws of the importing Party, file an appeal against such 3-17 <!-- page break --> decision with the appropriate appellate authority under the customs laws and regulations of the importing Party.

ARTICLE 3.26 Products Complying with Rules of Origin If a verification conducted under Article 3.21 (Verification of Certificates of Origin), determines that the product complies with the Rules of Origin under this Agreement, the importer shall be promptly refunded the duties paid in excess of the preferential duty or release guarantees obtained in accordance with their laws and regulations.

ARTICLE 3.27 Prospective Restoration of Preferential Benefits ```text 1. Where preferential treatment for a product has been denied by the Customs ``` Administration of the importing Party prospectively or retrospectively, the exporter/producer/manufacturer may take recourse to the procedure in paragraph 2 in respect of future exports to the importing Party. ```text 2. Such exporter/producer/manufacturer shall clearly demonstrate to the ``` satisfaction of the competent authority of the exporting Party that the manufacturing conditions were modified so as to fulfil the origin requirements of the Rules of Origin under this Agreement. ```text 3. The competent authority of the exporting Party shall send the information to the ``` competent authority of the importing Party explaining the changes carried out by exporter/producer/manufacturer in the manufacturing conditions as a consequence of which the products fulfil the origin criterion. ```text 4. If deemed necessary, the competent authority of the importing Party, shall ``` within forty-five (45) days from the date of the receipt of the said information, request for a verification visit to the producer's premises, for satisfying itself of the veracity the claims of the exporter/producer/manufacturer referred in paragraph 2. ```text 5. The prospective restoration of preferential benefits would be granted by the ``` competent authority of the importing Party, if the veracity of the claims of the exporter/producers/manufacturer are established. ```text 6. If the competent authority of the importing and exporting Parties fail to agree on ``` the fulfilment of the Rules of Origin subsequent to the modification of the manufacturing conditions, they may refer the matter to the Subcommittee established under Article 3.31(Cooperation) for a decision

ARTICLE 3.28 Temporary Suspension of Preferential Treatment ```text 1. The importing Party may suspend the tariff preference in respect of a product originating in the exporting Party when the suspension is justified due to persistent failure to comply with the provisions of these rules by an ``` exporter/producer/manufacturer in the exporting Party or a persistent failure on the part of the competent authority to respond to a request for verification. 3-18 <!-- page break --> ```text 2. The exporting Party shall, within fifteen (15) days of the suspension of ``` preferential tariff benefits for a product, be notified in writing of the reasons for such suspension. ```text 3. Upon receipt of the notification of the suspension, the competent authority of exporting Party may request consultations. 4. The consultations may occur by means of electronic communications, video ``` conference and/or meetings, or as mutually agreed, and may also involve joint verification. ```text 5. Pursuant to the consultations between both Parties, and such measures as the Parties may mutually agree, both Parties shall resolve to: (a) restore preferential benefits to the product with retrospective effect; (b) restore preferential benefits to the product with prospective effect, subject to implementation of any mutually agreed measures by one or both Parties; or (c) continue with the suspension of preferential benefits to the product, subject to remedies available under Article 3.29 (Non-Compliance of Products with the Rules of Origin and Penalties).

ARTICLE 3.29 Non-Compliance of Products with Rules of Origin and Penalties 1. If the verification under Article 3.21 (Verification of Certificates of Origin) ``` establishes the non-compliance of products with the Rules of Origin, duties shall be levied in accordance with the laws and regulations of the importing Party. ```text 2. Each Party shall also adopt or maintain measures that provide for the imposition ``` of civil, administrative, and, where appropriate, criminal sanctions for violations of its customs laws and regulations, including those governing Rules of Origin and the entitlement to preferential tariff treatment under this Agreement. ```text 3. Nothing contained in this Agreement shall preclude the application of the laws ``` and regulations of the Parties relating to breach of customs laws or any other law for the time being in force on the importer or exporter/producer/manufacturer in the territories of both Parties.

ARTICLE 3.30 Relevant Dates The time periods set out in this Chapter shall be calculated on a consecutive day basis as from the day following the fact or event to which they refer.

ARTICLE 3.31 Cooperation ```text 1. The Parties agree to establish a Subcommittee on Rules of Origin to oversee ``` the implementation of this Chapter, under the CTG. 3-19 <!-- page break --> 2. The Subcommittee on Rules of Origin shall comprise of officials of the competent authorities, customs administration and issuing authorities. ```text 3. The Subcommittee on Rules of Origin shall meet at least once per year for the ``` furtherance of the objectives of this Chapter, including to enhance mutual capacity building for smooth implementation of the procedures envisaged in this Chapter and to explore ways and means for utilising information technology-enabled services for the issue and verification of the Certificate of Origin. ```text 4. The Subcommittee on Rules of Origin will also evaluate and decide on whether ``` to continue with the issue of the Certificate of Origin by the competent authority of each Party, or to switch to self-certification procedures. If either Party is not ready to switch to self-certification during the first regular review session, the issue shall be deferred to subsequent reviews until such time where both Parties can agree to adopt the self-certification procedures. 5. The Subcommittee on Rules of Origin may refer any matter to the Joint Committee.

ARTICLE 3.32 Consultation and Modifications The Parties shall consult and cooperate through the Subcommittee on Rules of Origin as appropriate to: ```text (a) ensure that this Chapter is applied in an effective and uniform manner; and (b) discuss necessary amendments to this Chapter, taking into account developments in technology, production processes, and other related matters.

ARTICLE 3.33 Application and Interpretation For the purposes of this Chapter: (a) the basis for tariff classification is the HS; and (b) any cost and value referred to in this Chapter shall be recorded and maintained in accordance with the GAAP applicable in the territory of the Party in which the product is produced.

ARTICLE 3.34 Exchange of Electronic Data on Origin ``` The Parties shall, within two (2) years of the date of entry into force of this Agreement, develop an electronic system for origin information exchange to ensure the effective and efficient implementation of this Chapter particularly on transmission of electronic Certificate of Origin. 3-20 <!-- page break -->

ARTICLE 3.35 Origin Declaration For the purposes of subparagraph 1(c) of Article 3.13 (Proof of Origin), the Parties endeavour to negotiate, agree on, and implement provisions allowing each competent authority to recognise an origin declaration made by an approved exporter. 3-21 <!-- page break --> ANNEX 3A Minimum Required Information (Referred to in Chapter 3) ```text 1. Name and Address of the producer/exporter/manufacturer: 2. Registration Number: 3. Country of origin: ``` All cost and price figures are to be shown in U.S. dollars ($) / national currency of the exporting Party 4. Export Product-wise general information: ```text S. No. Description of Model/Brand HS code FOB/Ex Works the good to be value (please exported specify) ``` 5. Good - wise cost breakup information (to be furnished for each good listed in Para 4 above): ```text A B C D E F G H I J K L Sl. no. and Component/Input/materials/parts/produce-wise break-up ``` description of the ```text exported Description Quantity Unit Total HS Supplier’s Country of Total Labour Other Pr good of and Unit CIF CIF Code name and Origin of value of cost overh ofi component, Value Value (at six- address the non- eads t materials, = digit component, originati costs inputs, parts (Quanti level) materials, ng or produce ty x inputs, Material Unit parts or value) produce ``` In column H, the entry shall be made to indicate the Country of Origin in terms of the Rules of Origin as one of the following: ```text (i) India; (ii) UAE; or (iii) non-originating materials. Annex 3A-1 ``` <!-- page break --> ```text 6. Calculation (Complete one) (i) Value of non-originating materials used in production as a percentage of FOB value or Ex Works price; or ``` (ii) Value of originating materials as a percentage of FOB value / Ex Works price. ```text 7. Description of the manufacturing process: ``` DECLARATION I declare that the information provided by me as above is true and correct. I will permit, as and when required, inspection of our factory/product and undertake to maintain up-to-date costing records. Signature: Name: Title/Designation: FOR OFFICIAL USE The particulars given above have been checked, verified by the records maintained by the applicant and found to be correct. On the strength of this evidence, the applicant is eligible to claim that the products have originated from ____________ as shown in serial number 3 above in terms of the provisions of Rules of Origin of the Agreement. Place and Date: Signature and Name of the Competent Authority with Official Seal (can be applied electronically)

Annex 3A-2 <!-- page break --> ANNEX 3B Product Specific Rules (Referred to in Chapter 3) Rule 1 Definitions For the purposes of this Annex: “WO” means wholly obtained; “CC” means change to this chapter from any other chapter; “CTH” means change to this heading from any other heading; “CTSH” change to this subheading from any other subheading; “SO” means specific operations; “VA” means value addition as per paragraph 2 of Article 3.2 (Origin Criteria). The percentages are on an FOB basis. However, in the case that Ex Works price is the basis, the value addition shall be 5 percentage points lower. For example, 40% value addition on the basis of FOB value and 35% value addition on the basis of Ex Works price. Notwithstanding the above, in the case of products under HS 71, the value addition must be on the basis of FOB value; “Chapter” means a chapter of the Harmonised System; “Heading” means the first four digits in the tariff classification number under the HS; and “Sub heading” means the first six digits in the tariff classification number under the HS. Rule 2 Review Both Parties agree to review the PSRs within two (2) years of entry into force of this Agreement. TABLE 1: PRODUCT-SPECIFIC RULES ```text HS Code Description of Product Product Specific Rule (PSR) Chapter 1 Live animals. WO Chapter 2 Meat and edible meat offal. WO Annex 3B-1 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) Chapter 3 Fish and crustaceans, molluscs and WO other aquatic invertebrates. Chapter 4 Dairy produce; birds’ eggs; natural WO honey; edible products of animal origin, not elsewhere specified or included. Chapter 5 Products of animal origin, not elsewhere WO specified or included. Chapter 6 Live trees and other plants; bulbs, roots WO and the like; cut flowers and ornamental foliage. Chapter 7 Edible vegetables and certain roots and WO tubers. Ex Chapter 8 Edible fruit and nuts; peel of citrus fruits WO or melons. 080132 -- Shelled (Cashew kernel) CTSH Chapter 9 Coffee, tea, maté and spices. CTSH + VA 40% Chapter 10 Cereals. WO Chapter 11 Products of the milling industry; malt; CTH + VA 40% starches; insulin; wheat gluten. Chapter 12 Oil seeds and oleaginous fruits; WO miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder. Ex Chapter 13 Lac; natural gums, resins, gum-resins WO and oleoresins (for example, balsams) 1302 Vegetable saps and extracts CTH + VA 40% Chapter 14 Vegetable plaiting materials; vegetable WO products not elsewhere specified or included. Chapter 15 Animal or vegetable fats and oils and CTSH +VA 40% their cleavage products; prepared edible fats; animal or vegetable waxes. Chapter 16 Preparations of meat, of fish or of CTH+VA 40% crustaceans, molluscs or other aquatic invertebrates. Ex Chapter 17 Sugars and sugar confectionery. WO Annex 3B-2 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) 1701 Cane or beet sugar CTSH + VA 40% 1702 Other sugars CTSH + VA 40% 1704 Sugar confectionery CTH + VA 40% Ex Chapter 18 Cocoa and cocoa preparations WO 1803 Cocoa paste, whether or not defatted. CTH + VA 40 % 1804 Cocoa butter, fat and oil CTH + VA 40 % 1805 Cocoa powder, not containing added CTH + VA 40% sugar or other sweetening matter. 1806 Chocolate and other food preparations CTSH + VA 40% containing cocoa. Chapter 19 Preparations of cereals, flour, starch or CTH + VA 40% milk; pastrycooks' products. Ex Chapter 20 Preparations of vegetables, fruit, nuts or CC + VA 40 % other parts of plants. 2007-2009 Jams, Fruit Jellies, Marmalades, fruit or CTH +VA 40% nut purees/pastes, other fruit/nut preparations, fruit juices etc Chapter 21 Miscellaneous edible preparations. CTH+ VA 40% Ex Chapter 22 Beverages, spirits and vinegar WO 2201, 2202, Non-alcoholic beverages and vinegar CTH + VA 40% Ex2206, 2209 Ex 2207, Ex Undenatured ethyl alcohol for medical CTH + VA 40% 2208 use Chapter 23 Residues and waste from the food CC + VA 40% industries; prepared animal fodder. 2308,2309 Vegetable materials/ waste used as CTH +VA 40% animal feed, preparations of a kind used in animal feeding Chapter 24 Tobacco and manufactured tobacco WO substitutes. Chapter 25 Salt; sulphur; earths and stone; CTSH + VA 40% plastering materials, lime and cement. Chapter 26 Ores, slag and ash. CTSH + VA 40% Chapter 27 Mineral fuels, mineral oils and products CTSH + VA 40% Annex 3B-3 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) of their distillation; bituminous substances; mineral waxes. Chapter 28 Inorganic chemicals; organic or inorganic CTSH + VA 40% compounds of precious metals, of rare- earth metals, of radioactive elements or of isotopes. Chapter 29 Organic chemicals. CTSH + VA 40% Chapter 30 Pharmaceutical products. CTSH + VA 40% Chapter 31 Fertilisers. CTSH + VA 40% Chapter 32 Tanning or dyeing extracts; tannins and CTSH + VA 40% their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks. Chapter 33 Essential oils and resinoids; perfumery, CTSH + VA 40% cosmetic or toilet preparations. Chapter 34 Soap, organic surface-active agents, CTSH + VA 40 % washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster. Chapter 35 Albuminoidal substances; modified CTSH + VA 40% starches; glues; enzymes. Chapter 36 Explosives; pyrotechnic products; CTSH + VA 40% matches; pyrophoric alloys; certain combustible preparations. Chapter 37 Photographic or cinematographic goods. CTSH + VA 40% Chapter 38 Miscellaneous chemical products. CTSH + VA 40% Chapter 39 Plastics and articles thereof. CTSH + VA 40% VA Ex Chapter 40 Rubber and articles thereof. CTSH + VA 40% 400110 - Natural rubber latex, whether or not pre- WO vulcanised 400121 -- Smoked sheets WO 400122 -- Technically specified natural rubber WO (TSNR) Annex 3B-4 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) 400129 Other (Natural rubber, balata, gutta- WO percha, guayule, chicle and similar natural gums, in primary forms or in plates, sheets or strip, other than smoked sheets and TSNR) Chapter 41 Raw hides and skins (other than furskins) CTSH + VA 40% and leather. Chapter 42 Articles of leather; saddlery and harness; CTH + VA 40% travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut). Chapter 43 Furskins and artificial fur; manufactures CTH + VA 40% thereof. Chapter 44 Wood and articles of wood; wood CTSH + VA 40% charcoal. Chapter 45 Cork and articles of cork. CTH + VA 40% Chapter 46 Manufactures of straw, of esparto or of CTSH + VA 40% other plaiting materials; basketware and wickerwork. Chapter 47 Pulp of wood or of other fibrous cellulosic CTSH + VA 40% material; recovered (waste and scrap) paper or paperboard. Chapter 48 Paper and paperboard; articles of paper CTSH + VA 40% pulp, of paper or of paperboard. Chapter 49 Printed books, newspapers, pictures and CTSH + VA 40% other products of the printing industry; manuscripts, typescripts and plans. Chapter 50 Silk. CTSH + VA 40% Chapter 51 Wool, fine or coarse animal hair; CTSH + VA 40% horsehair yarn and woven fabric Ex Chapter 52 Cotton CTSH + VA 40% 5201 Cotton, not carded or combed. WO 5202 Cotton waste (including yarn waste and WO garnetted stock). 5203 Cotton, carded or combed. WO 5204 Cotton sewing thread, whether or not put WO up for retail sale. Annex 3B-5 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) Chapter 53 Other vegetable textile fibres; paper yarn CTSH + VA 40% and woven fabrics of paper yarn Chapter 54 Man-made filaments CTSH + VA 40% Chapter 55 Man-made staple fibres CTSH + VA 40% Chapter 56 Wadding, felt and non wovens; special CTH + VA 40% yarns; twine; cordage, ropes and cables and articles thereof Chapter 57 Carpets and other textile floor coverings CTH + VA 40% Chapter 58 Special woven fabrics; tufted textile CTH + VA 40% fabrics; lace; tapestries; trimmings; embroidery Chapter 59 Impregnated, coated, covered or CTH + VA 40% laminated textile fabrics; textile articles of a kind suitable for industrial use Chapter 60 Knitted or crocheted fabrics CTH + VA 40% Chapter 61 Articles of apparel and clothing CTH + VA 40% accessories, knitted or crocheted Chapter 62 Articles of apparel and clothing CTH + VA 40% accessories, not knitted or crocheted Chapter 63 Other made-up textile articles; sets; worn CTH + VA 40% clothing and worn textile articles; rags Chapter 64 Footwear, gaiters and the like; parts of CTH + VA 40% such articles Chapter 65 Headgear and parts thereof CTH + VA 40% Chapter 66 Umbrellas, sun umbrellas, walking- CTSH + VA 40% sticks, seat-sticks, whips, riding-crops, and parts thereof Chapter 67 Prepared feathers and down and articles CTSH + VA 40% made of feathers or of down; artificial flowers; articles of human hair Chapter 68 Articles of stone, plaster, cement, CTSH + VA 40% asbestos, mica or similar materials Chapter 69 Ceramic products CTSH + VA 40% Chapter 70 Glass and glassware CTSH + VA 40% Ex Chapter 71 Natural or cultured pearls, precious or CTSH + VA 40% semi-precious stones, precious metals, Annex 3B-6 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) metals clad with precious metal, and articles thereof; imitation jewellery; coin 7102 Diamonds CTSH + VA 6% 7106 Silver unwrought, semi manufactured, Certified UAE/India powder good delivery silver bars in different denominations 710691 Unwrought silver CTSH + 3% VA 710692 Semi manufactured silver CTSH + 3%VA 710812 Other unwrought forms of gold Certified UAE/ India good delivery gold bars in different denomination 711011 Unwrought or powder form of platinum CTSH + 3% VA 711019 Platinum in other forms CTSH +3%VA Ex711311 Silver Filigree work (plain) CTSH + 3.5% VA Ex711311 Silver Jewellery set with gems (studded) CTSH + 6%VA Ex711311 Other articles of silver jewellery (plain) CTSH +6% VA Ex711311 Parts of plain silver jewellery CTSH + 3.5%VA Ex711319 Jewellery of gold unset CTSH + 3.5% VA Ex711319 Jewellery of gold set with pearls CTSH +6% VA Ex711319 Jewellery of gold set with diamonds CTSH +7% VA Ex711319 Jewellery of gold set with precious and CTSH + 6% VA semi- precious stones other than diamonds Ex711319 Jewellery of platinum unset CTSH + 3.5% VA Ex711319 Parts of plain gold jewellery CTSH +3.5%VA Ex711319 Articles of other precious metal CTSH + 3.5%VA Ex Chapter 72 Iron and steel CTSH + VA 40% 7206-7229 Iron & Steel Melt and Pour in the Parties Chapter 73 Articles of iron or steel CTSH + VA 40% Ex Chapter 74 Copper and articles thereof CTSH + VA 40% Annex 3B-7 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) 740710 Bars, rods and profiles of refined copper (Melt, cast and rolled) or (CTSH + VA 40%) 740811, Wire of refined copper (Melt, cast and rolled) 740819 or (CTSH + VA 40%) Chapter 75 Nickel and articles thereof CTSH + VA 40% Chapter 76 Aluminium and articles thereof CTSH + VA 45% Chapter 78 Lead and articles thereof CTSH + VA 40% Chapter 79 Zinc and articles thereof CTSH + VA 40% Chapter 80 Tin and articles thereof CTSH + VA 40% Chapter 81 Other base metals; cermets; articles CTSH + VA 40% thereof Chapter 82 Tools, implements, cutlery, spoons and CTSH + VA 40% forks, of base metal; parts thereof of base metal Chapter 83 Miscellaneous articles of base metal CTSH + VA 40% Chapter 84 Nuclear reactors, boilers, machinery and CTH + VA 40% mechanical appliances; parts thereof except for Chapter 85 Electrical machinery and equipment and CTH + VA 40% parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles Chapter 86 Railway or tramway locomotives, rolling- CTSH + VA 40% stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds Ex Chapter 87 Vehicles other than railway or tramway CTH + VA 45% rolling-stock, and parts and accessories thereof 8716 Trailers and Semi-Trailers CTSH + VA 40% Chapter 88 Aircraft, spacecraft, and parts thereof CTSH + VA 40% Chapter 89 Ships, boats and floating structures CTSH + VA 40% Chapter 90 Optical, photographic, cinematographic, CTSH + VA 40% Annex 3B-8 ``` <!-- page break --> ```text HS Code Description of Product Product Specific Rule (PSR) measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof Chapter 91 Clocks and watches and parts thereof CTSH + VA 40% Chapter 92 Musical instruments; parts and CTH + VA 40% accessories of such articles Chapter 93 Arms and ammunition; parts and CTH + VA 40% accessories thereof Chapter 94 Furniture; bedding, mattresses, mattress CTH + VA 40% supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name- plates and the like; prefabricated buildings Chapter 95 Toys, games and sports requisites; parts CTH + VA 40% and accessories thereof Chapter 96 Miscellaneous manufactured articles CTSH + VA 40% Chapter 97 Works of art, collectors’ pieces and CTSH + VA 40% antiques

Annex 3B-9 ``` <!-- page break --> ANNEX 3C Issuing Authorities of the Government of India (Referred to in Chapter 3) ```text Agency Product Category Export Inspection Council and Export All products Inspection Agencies Marine Products Export Development Marine products Authority and regional offices Development Commissioner, Handicraft Handicraft and regional offices Spices Board Spices and Cashewnuts Coir Board Coir and Coir products ``` Textile Committee and regional officesTextiles and Clothing Central Silk Board and regional offices Silk products ```text MEPZ special Economic Zone All products by Units in Madras SEZ and EOUs located within the jurisdiction. Kandla Special Economic zone All products manufactured by Units in Kandla and Surat SEZs and EOUs located within the respective jurisdiction SEEPZ Special Economic Zone All products manufactured by Units in SEEPZ SEZ and EOUs located within the respective jurisdiction. Cochin Special Economic Zone All products manufactured by Units in Cochin SEZ and EOUs located within the respective jurisdiction NOIDA Special Economic Zone All products manufactured by Units in Noida SEZ and EOUs located within the respective jurisdiction Vishakhapatnam Special Economic All products manufactured by Units in Zone Vishakhapatnam SEZ and EOUs located within the respective jurisdiction Falta Special Economic Zone All products manufactured by Units in Falta SEZ and EOUs located within the respective jurisdiction ``` Directorate General of Foreign Trade All products and regional offices ```text Tobacco Board Tobacco and tobacco products ``` Agricultural and Processed Food Agricultural Products Products Export Development Authority (APEDA)

Annex 3C-1 <!-- page break --> ANNEX 3D Issuing Authorities of the Government of the UAE (Referred to in Chapter 3) Ministry of Economy

Annex 3D-1 <!-- page break --> ANNEX 3E Format of the Certificate of Origin under the India-UAE Trade Agreement (Referred to in Chapter 3) ```text 1. Exporter’s Name, Address, and Country: Certification No. Number of page ``` 2. Manufacturer’s Name, Address, and Country: AGREEMENT BETWEEN INDIA AND UAE CERTIFICATE OF ORIGIN 3. Importer’s or Consignee’s Name, Address, and Country: 4. Transport details ```text 5. Item number (as necessary); Marks and 6. ORIGIN criterion 7. Gross Weight or 8. Invoice number(s) numbers; Number and kind of packages; (see overleaf note) other Quantity and date(s) ``` Description of good(s); HS tariff classification number Cumulation ```text 9. Remarks: 10. Third-Party Invoicing Name, Address, and Country ISSUED RETROSPECTIVELY 11. Declaration by the exporter: 12. Certification I, the undersigned, declare that: It is hereby certified, on the basis of control carried out, that the declaration by the - the above details and statement are true and exporter is correct. ``` accurate; - the good(s) described above meet the condition(s) Export Document Number: required for the issuance of this certificate; and - the country of origin of the good(s) described ```text above is:______ Issuing Authority: Place and Date: [Stamp] Signature: Place and Date: Name (printed): Signature: ``` Company: Annex 3E-1 <!-- page break --> Overleaf Notes: The following origin criteria code should be inserted in Box 5: (i) WO for Wholly Obtained; or (ii) PSR for Product Specific Rules.

Annex 3E-2 <!-- page break --> CHAPTER 4 SANITARY AND PHYTOSANITARY MEASURES ARTICLE 4.1 Definitions For the purposes of this Chapter: ```text 1. “SPS Agreement” means the Agreement on the Application of Sanitary and Phytosanitary Measures, set out in Annex 1A of the GATT 1994. 2. The definitions under Annex A of the SPS Agreement shall apply. 3. Relevant definitions developed by Codex Alimentarius Commission (Codex), ``` the World Organisation for Animal Health (OIE), and the International Plant Protection Convention (IPPC) shall apply. ```text 4. In the event of any conflict between the definitions under the SPS Agreement ``` and any of the other sources specified in paragraph 3, the definitions under the SPS Agreement shall prevail. ```text 5. “Competent authorities” mean those authorities within each Party recognised ``` by the national government as responsible for developing and administering the SPS measures within that Party. ```text 6. An “emergency measure” means a sanitary or phytosanitary measure that is ``` applied by a Party to products of the other 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 the measure. ARTICLE 4.2 Objectives ```text 1. The objectives of this Chapter are to: (a) protect human, animal, or plant life or health in the territories of the Parties while facilitating trade between them; (b) reinforce the SPS Agreement; (c) strengthen communication, consultation, and cooperation between the Parties, and particularly between the Parties’ competent authorities; (d) ensure that sanitary or phytosanitary measures implemented by a Party do not create unjustified barriers to trade; (e) enhance transparency in and understanding of the application of each Party’s sanitary and phytosanitary measures; and 4-1 ``` <!-- page break --> ```text (f) encourage the development and adoption of science-based international standards, guidelines, and recommendations, and promote their implementation by the Parties. ARTICLE 4.3 Scope ``` This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties. ARTICLE 4.4 General Provision ```text 1. The Parties affirm their rights and obligations with respect to each other under the SPS Agreement. 2. This Chapter is subject to Chapter 15 (Dispute Settlement) at the time of entry ``` into force. ARTICLE 4.5 Equivalence ```text 1. Both Parties shall strengthen cooperation on equivalence in accordance with ``` Article 4 of the SPS Agreement while taking into account relevant decisions of the WTO SPS Committee and international standards, guidelines and recommendations, in accordance with Annex A of the SPS Agreement, mutatis mutandis. ```text 2. The importing Party shall recognise the equivalence of a sanitary and ``` phytosanitary measure if the exporting Party objectively demonstrates to the importing Party that its measure achieves the same level of protection as the importing Party’s measure or that its measure has the same effect in achieving the objective as the importing Party’s measure. ```text 3. In determining equivalence, the importing Party shall take into account existing ``` knowledge, information and experience as well as the regulatory competence of the exporting Party. ```text 4. A Party shall, upon request, enter into consultation with the aim of achieving ``` bilateral recognition arrangements of equivalence of specified sanitary and phytosanitary measures. The recognition of equivalence may be with respect to a single measure, group of measures or on a systems-wide basis. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures. ```text 5. As part of the consultation for equivalence recognition, on request by the exporting Party, the importing Party shall explain and provide: (a) the rationale and objective of its measures; and (b) the specific risks its measures are intended to address. 4-2 ``` <!-- page break --> ```text 6. The exporting Party shall provide necessary information for the importing Party ``` to commence an equivalence assessment. Once the assessment commences, the importing Party shall without undue delay, upon request, explain the process and plan for making an equivalence determination. ```text 7. The consideration by a Party of a request from the other Party for recognition ``` of equivalence of its measures with regard to a specific product, or group of products, shall not be in itself a reason to disrupt or suspend ongoing imports from the Party of the product(s) in question. ```text 8. When the importing Party recognises the equivalence of the exporting Party’s ``` specific sanitary and phytosanitary measure, group of measures or measures on a systems-wide basis, the importing Party shall communicate the decision in writing to the exporting Party and implement the measure within a reasonable period of time. The rationale shall be provided in writing by the importing Party in the event that the decision is negative. ```text 9. The importing Party may withdraw or suspend equivalence on the basis of any ``` amendment by one of the Parties of measures affecting equivalence, in accordance with the following provisions: ```text (a) the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised; (b) within sixty (60) working days or as mutually agreed by both Parties on receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on basis of the proposed measures; (c) the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised; and (d) in case of non-recognition or withdrawal or suspension of equivalence, the importing Party shall indicate to the exporting Party the required conditions on which the process referred to in paragraphs 4 and 5 may be reinitiated, provided that the timelines of paragraph 6 shall be adhered to in any process for re-assessment of equivalence. 10. The withdrawal or suspension of equivalence rests solely with the importing ``` Party acting in accordance with its administrative and legislative framework, which shall adhere to the international guidelines, standards and recommendations. The importing Party shall provide to the exporting Party, upon request, an explanation except confidential data for its determinations and decisions. ```text 11. Compliance by an exported product that has been accepted as equivalent to ``` sanitary and phytosanitary measures and standards of the importing Party shall not 4-3 <!-- page break --> remove the need for that product to comply with any other relevant mandatory requirements of the importing Party. ARTICLE 4.6 Adaptation to Regional Conditions, Including Pest or Disease-Free Areas and Areas of Low Pest or Disease Prevalence ```text 1. Both Parties recognise the concepts of regional conditions, including pest-or ``` disease-free areas and areas of low pest or disease prevalence. Parties shall take into account the relevant decisions of the WTO SPS Committee and international standards, guidelines, and recommendations. ```text 2. Both Parties may cooperate on the recognition of regional conditions with the ``` objective of acquiring confidence in the procedures followed by each other for such recognition. ```text 3. At the request of the exporting Party, the importing Party shall, without undue delay, explain its process and plan for making the determination of regional conditions. 4. When the importing Party has received a request for a determination of regional ``` conditions from the exporting Party, and has determined that the information provided by the exporting Party is sufficient, it shall initiate the assessment within a reasonable period of time. ```text 5. For this assessment, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures. 6. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the assessment. 7. When the importing Party recognises specific regional conditions of an ``` exporting Party, the importing Party shall communicate that decision to the exporting Party in writing and implement the measures within a reasonable period of time. ```text 8. If the evaluation of the evidence provided by the exporting Party does not result ``` in a decision by the importing Party to recognise the regional conditions, the importing Party shall provide the exporting Party the rationale for its decision in writing within a reasonable period of time. ```text 9. Where a determination recognising regional conditions is made, the Parties are ``` encouraged, where mutually agreed, to report the outcome to the WTO SPS Committee. ARTICLE 4.7 Risk Analysis ```text 1. The Parties shall strengthen their cooperation on risk analysis in accordance ``` with the SPS Agreement while taking into account the relevant decisions of the WTO SPS Committee and international standards, guidelines, and recommendations. ```text 2. When conducting a risk analysis, an importing Party shall: 4-4 ``` <!-- page break --> ```text (a) ensure that the risk analysis is documented and that it provides the relevant exporting Party with an opportunity to comment, in a manner to be determined by the importing Party; (b) consider risk management options that are not more trade restrictive than required1 to achieve its appropriate level of sanitary or phytosanitary protection; and (c) select a risk management option that is not more trade restrictive than required to achieve its appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility. 3. On request of an exporting Party, an 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. ```text 4. Without prejudice to the Parties’ right to take emergency measures consistent ``` with Article 4.9 (Emergency Measures), no Party shall stop the importation of a good of the other Party solely for the reason that the importing Party is undertaking a review of a sanitary or phytosanitary measure, if the importing Party permitted importation of the good of the other Party at the time of the initiation of the review. ARTICLE 4.8 Audit, Certification and Import Checks ```text 1. The Parties shall ensure that their import procedures comply with Annex C of the SPS Agreement including audit, certification, and import checks. 2. When conducting an audit,2 the Parties agree that: (a) audits shall be systems based and designed to check the effectiveness of the regulatory controls of the competent authorities of the exporting Party. Audits may include an assessment of the competent authorities’ control programme, including, where appropriate, reviews of the inspection and audit programmes, and on-site inspections of facilities, without prejudice to the rights of a Party to seek market access on the basis of individual inspection and audits; (b) prior to commencement of an audit, both Parties shall discuss and agree, inter alia: (i) the rationale for and the objectives and scope of the audit; ``` 1 For the purposes of subparagraphs (b) and (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 phytosanitary protection and is significantly less restrictive to trade. 2 For greater certainty, without affecting the implementation of this Article, nothing in this Article prevents a Party from adopting or maintaining halal requirements for food and food products in accordance with Islamic law. 4-5 <!-- page break --> ```text (ii) the criteria or requirements against which the exporting Party will be assessed; and ``` (iii) the itinerary and procedures for conducting the audit; (c) the auditing Party shall provide the audited Party the opportunity to comment on the finding of an audit and take any such comments into account before making its conclusions and taking any action; (d) any decisions or actions taken by the auditing Party as a result of the audit shall be supported by objective evidence and data which can be verified, taking into account the knowledge, relevant experience, and confidence that the auditing Party has with the audited Party. Any such objective evidence and data shall be provided to the audited Party on request; (e) any costs incurred by the auditing Party shall be borne by the auditing Party, unless the Parties agree otherwise; and (f) the auditing Party and the audited Party shall each ensure that procedures are in place to prevent the disclosure of confidential information acquired during the auditing process. 3. When conducting certification, the Parties agree that: (a) where certification is required for trade in a product, the importing Party shall ensure such certification is applied, in meeting its sanitary or phytosanitary objectives, only to the extent necessary to protect human, animal and plant life or health; (b) in applying certification requirements, each Party shall take into account relevant decisions from the WTO SPS Committee and international standards, guidelines, and recommendations; (c) the Parties shall promote the implementation of electronic certification and other technologies to facilitate trade; and (d) without prejudice to each Party’s right to import controls, the importing Party shall accept certificates issued by the competent authorities in compliance with the regulatory requirements of the importing Party. 4. When conducting import checks, the Parties agree that: (a) both Parties shall ensure that their control, inspection and approval procedures are in accordance with Annex C of the SPS Agreement; (b) the import checks applied to imported animals, animal products, plants and plant products traded between the Parties shall be based on the risk associated with such importations. The import checks shall be carried out in a manner that is appropriate to the risk involved, least trade-restrictive and without undue delay; and 4-6 <!-- page break --> ```text (c) the Parties reaffirm Article V of the GATT 1994 and agree that there shall be freedom of transit for goods in transit. The inspection of goods may be carried out in the event of identifiable sanitary or phytosanitary risks. ARTICLE 4.9 Emergency Measures 1. If a Party adopts an emergency measure that is necessary for the protection of ``` human, animal or plant life or health and that may have an effect on trade, the Party shall promptly notify, in writing in the English language, the other Party of that measure through the relevant contact point referred to in Article 4.13 (Contact Points and Competent Authorities). The importing Party shall take into consideration any information provided by the other Party in response to the notification. ```text 2. If a Party adopts an emergency measure, it shall review measure within six (6) ``` months or any other such time as agreed by the Parties and make available the results of the review to the other 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 4.10 Transparency ```text 1. The Parties recognise the value of transparency in the adoption and application ``` of sanitary and phytosanitary measures and the importance of sharing information about such measures on an ongoing basis. ```text 2. Each Party shall notify proposed measures or changes to sanitary or ``` phytosanitary measures that may have a significant effect on the trade of other Parties through the online WTO Sanitary and Phytosanitary Measures Notification Submission System, the contact points designated under Article 4.13 (Contact Points and Competent Authorities), or through already established communication channels of the Parties. ```text 3. In implementing this Article, both Parties shall take into account relevant ``` decisions of the WTO SPS Committee and international standards, guidelines, and recommendations. ```text 4. A Party, upon request from the other Party, shall provide relevant information ``` and clarification regarding any sanitary or phytosanitary measure to the requesting Party, within a reasonable period of time, including: ```text (a) the sanitary and phytosanitary requirements that apply for the import of specific products; (b) the status of the Party’s application; and (c) the procedures for the authorisation of specific products. 5. 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, the Party proposing a sanitary or phytosanitary measure shall normally allow at least sixty (60) days for the 4-7 <!-- page break --> other Party to provide written comments on the proposed measure, after it makes a notification under paragraph 3. If feasible and appropriate, the Party proposing the measure should allow more than sixty (60) days. The Party shall consider any reasonable request from the other Party to extend the comment period. On request of the other Party, the Party proposing the measure shall respond to the written comments of the other Party in an appropriate manner. ```text 6. A Party that proposes to adopt a sanitary or phytosanitary measure shall ``` discuss with the other 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. ```text 7. The Parties encourage the publication, by electronic means in an official journal ``` or on a website, the proposed sanitary or phytosanitary measure notified under paragraph 3, and the legal basis for the measure. ```text 8. Each Party shall notify the other Party of final sanitary or phytosanitary ``` measures through the WTO SPS notification submission system. Each Party shall ensure that the text or the notice of a final sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure. Each Party shall publish, preferably by electronic means, notices of final sanitary or phytosanitary measures in an official journal or website. ```text 9. An exporting Party shall notify the importing Party through the contact points ``` referred to in Article 4.13 (Contact Points and Competent Authorities) in a timely and appropriate manner: ```text (a) if it has identified significant sanitary or phytosanitary risk related to the export of a good from its territory going to the importing Party; (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 regionalised 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. ``` 10. Each Party shall provide within a reasonable period of time, appropriate information to the other Party through the contact points established under Article 4.13 (Contact Points and Competent Authorities) or already established communication channels of the Parties, when: ```text (a) there is significant or recurring sanitary or phytosanitary non-compliance associated with an exported consignment identified by the importing Party; and 4-8 ``` <!-- page break --> ```text (b) a sanitary or phytosanitary measure adopted provisionally against or affecting the export of another Party is considered necessary to protect human, animal or plant life or health within the importing Party. ``` 11. A Party shall provide to the other Party, on request, all sanitary or phytosanitary measures related to the importation of a good into that Party’s territory in the English language. ARTICLE 4.11 Cooperation and Capacity Building ```text 1. Both Parties shall explore opportunities for further cooperation between them, ``` including capacity building, technical assistance, collaboration, and information exchange on sanitary and phytosanitary matters of mutual interest, consistent with the provisions of this Chapter. ```text 2. In undertaking cooperative activities, both Parties shall endeavour to coordinate ``` with bilateral, regional or multilateral work programmes with the objective of avoiding unnecessary duplications and eliminating unnecessary obstacles to trade between the Parties and maximising the use of resources. ```text 3. If there is mutual interest and with the objective of establishing a common ``` scientific foundation for each Party’s regulatory approach, the competent authorities of the Parties are encouraged to: ```text (a) share best practices; and (b) cooperate on joint scientific data collection. ARTICLE 4.12 Technical Discussions 1. Where a Party considers that a sanitary or phytosanitary measure is affecting ``` their trade with the other Party, it may, through the contact points or through other established communication channels, request a detailed explanation of the sanitary or phytosanitary measures including the scientific basis of the measure. The other Party shall respond promptly to any request for such explanation. ```text 2. A Party shall notify the other Party of an emergency measure under this ``` Chapter immediately after adopting its decision to implement the measure. If a Party requests technical consultation to address the emergency SPS measure, the technical consultations must be held within ten (10) days of the notification of the emergency SPS measure. The Parties shall consider any information provided through the technical consultations. ```text 3. A Party may request to hold technical discussions with the other Party in an ``` attempt to resolve any concerns on specific issues arising from the application of the sanitary and phytosanitary measure. The requested Party shall respond promptly to any reasonable request for such consultation. ```text 4. Where a Party requests technical discussion, these shall take place as soon as ``` practicable, unless the Parties agree otherwise. 4-9 <!-- page break --> ```text 5. The technical discussions may be conducted via teleconference, videoconference, or through any other means as the Parties mutually agree. 6. Such technical discussions are without prejudice to the rights and obligations ``` of the Parties under Chapter 15 (Dispute Settlement). ARTICLE 4.13 Contact Points and Competent Authorities ```text 1. Upon entry into force of this Agreement, each Party shall: (a) designate a contact point or contact points to facilitate communication on matters covered under this Chapter; (b) inform the other Party of a contact point or contact points; and (c) when more than one contact point is designated, specify a contact point that serves as the focal point to respond to enquiries by other Parties about the appropriate contact point with which to communicate. 2. A Party shall provide the other Party, through the contact point or contact points, ``` a description of its competent authorities and their division of functions and responsibilities. ```text 3. Both Parties shall notify each other of any changes to the contact points and ``` significant changes in the structure, organisation and division of responsibility within its competent authorities. ```text 4. Both Parties recognise the importance of the competent authorities in the ``` implementation of this Chapter. Accordingly, the competent authorities of Parties may cooperate with each other on matters covered by this Chapter in a manner the Parties mutually agree. ARTICLE 4.14 Subcommittee on SPS ```text 1. The Parties hereby establish a Subcommittee on Sanitary and Phytosanitary ``` Measures (SPS Subcommittee) under the CTG, consisting of government representatives of each Party’s competent authorities. ```text 2. The SPS Subcommittee shall meet within one (1) year from the date of entry ``` into force of this Agreement, and thereafter at such venues and time-period as the Parties mutually determine. ```text 3. The functions of the SPS Subcommittee shall be to: (a) consider any sanitary and phytosanitary matters of mutual interest; (b) coordinate cooperation pursuant to Article 4.11 (Cooperation and Capacity Building) and identify mutually agreed priority sectors for enhanced cooperation; 4-10 ``` <!-- page break --> (c) monitor the implementation and operation of this Chapter; (d) encourage the Parties to share experience regarding implementation of this Chapter; and (e) facilitate technical discussions. ```text 4. Meetings may occur in person, by teleconference, by video conference, or ``` through any other means as determined by the Parties. 4-11 <!-- page break --> CHAPTER 5 TECHNICAL BARRIERS TO TRADE ARTICLE 5.1 Definitions ```text 1. For the purposes of this Chapter, the terms and their definitions set out in Annex 1 of the TBT Agreement shall apply. 2. “TBT Agreement” means Agreement on Technical Barriers to Trade, set out ``` in Annex 1A of the GATT 1994. ARTICLE 5.2 Objectives The objectives of this Chapter are to facilitate trade in goods among the Parties by: ```text (a) ensuring that standards, technical regulations, and conformity assessment procedures do not create unnecessary obstacles to trade; (b) furthering cooperation pursuant to the TBT Agreement (c) promoting mutual understanding of each Party’s standards, technical regulations, and conformity assessment procedures and enhancing transparency; (d) facilitating information exchange and cooperation among the Parties in the field of standards, technical regulations and conformity assessment procedures, including in the work of relevant international bodies; and (e) addressing the issues that may arise under this Chapter. ARTICLE 5.3 Scope 1. This Chapter shall apply to the standards, technical regulations and conformity ``` assessment procedures that may affect trade in goods between the Parties. The Chapter shall not apply to: ```text (a) sanitary and phytosanitary measures which are covered in Chapter 4 (Sanitary and Phytosanitary Measures) of this Agreement; and (b) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies. 2. Without prejudice to paragraph 1, this Chapter shall apply to the preparation, ``` adoption, and application of all technical regulations, standards, and conformity assessment procedures by: central government bodies; and, where explicitly provided for in this Agreement, government bodies at the level directly below that of the central level of government that may affect trade in goods between the Parties. 5-1 <!-- page break --> ```text 3. All references in this Chapter to technical regulations, standards, and ``` conformity assessment procedures shall be construed to include any amendments1 to them and any addition to the rules or the product coverage of those technical regulations, standards, and procedures, except amendments and additions of an insignificant nature. ```text 4. Each Party shall take such reasonable measures that are within its authority to ``` encourage observance by local government bodies, as the case may be, on the level directly below that of the central level of government within its territory which are responsible for the preparation, adoption and application of technical regulations, standards and conformity assessment procedures, of Articles 5.5 (Standards) and 5.7 (Conformity Assessment Procedures). ```text 5. For greater certainty, nothing in this Chapter shall prevent a Party from ``` preparing, adopting, applying, or maintaining technical regulations, standards, or conformity assessment procedures in accordance with its rights and obligations under this Agreement, the TBT Agreement, and any other relevant international agreement. ARTICLE 5.4 Incorporation of the TBT Agreement ```text 1. The Parties affirm their rights and obligations under the TBT Agreement, and ``` the following provisions of the TBT Agreement are incorporated into and form part of this Agreement, mutatis mutandis: ```text (a) Article 2; (b) Article 3; (c) Article 4.1; (d) Article 5; (e) Article 6.1, 6.3; and (f) Annex 3, except paragraph A. 2. In the event of any inconsistency between the provisions of the TBT Agreement ``` incorporated under this Article and other provisions of this Chapter, the latter shall prevail. ```text 3. This Chapter is subject to Chapter 15 (Dispute Settlement) at the entry into force of this Agreement. 4. No Party shall have recourse to dispute settlement under Chapter 15 (Dispute ``` Settlement) for a dispute that exclusively alleges a violation of the provisions of the TBT Agreement incorporated under this paragraph. 1 “Any amendment” includes the elimination of a technical regulation. 5-2 <!-- page break --> ARTICLE 5.5 Standards ```text 1. The Parties recognise the important role that international standards, guides, ``` and recommendations can play in harmonising technical regulations, conformity assessment procedures, and national standards, and in reducing unnecessary barriers to trade. ```text 2. To determine whether there is an international standard, guide, or ``` recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, each Party shall apply the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement (G/TBT/9, 13 November 2000, Annex 4), and subsequent relevant decisions and recommendations in this regard, adopted by the WTO Committee on Technical Barriers to Trade (WTO TBT Committee) in order to recognise a standard as an international standard. ```text 3. Each Party shall ensure that its standardising body or bodies, while formulating ``` national standards, shall ensure that such standards are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. ```text 4. Where modifications to the contents or structure of the relevant international ``` standards were necessary in developing a Party’s national standards, that Party shall, on request of the other Party, encourage its standardising body or bodies to provide information about the differences in the contents and structure, and the reason for those differences. Any fees charged for this service shall, apart from the real cost of delivery, be the same for foreign and domestic persons. ```text 5. The Parties shall cooperate with each other 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. ```text 6. Each Party shall encourage the standardising body or bodies in its territory to cooperate with the standardising body or bodies of the other Party including: (a) exchange of information on standards; (b) exchange of information relating to standard setting procedures; and (c) cooperation in the work of international standardising bodies in areas of mutual interest. 7. The Parties shall, where appropriate, strengthen coordination and ``` communication with each other in the context of discussion on international standards and related issues in other international fora, such as the WTO TBT Committee. 5-3 <!-- page break --> ARTICLE 5.6 Technical Regulations ```text 1. Each Party shall prepare, adopt and apply its technical regulations in ``` accordance with Article 2 of the TBT Agreement and ensure adherence to Article 3 of the TBT Agreement. ```text 2. Each Party shall use relevant international standards to the extent provided in ``` paragraph 4 of Article 2 of the TBT Agreement, as a basis for its technical regulations. Where a Party does not use such international standards, or their relevant parts, as a basis for its technical regulations and these may have an effect on trade of the other Party, it shall, upon request of the other Party, explain the reasons therefor. The explanation shall make every effort to address why the standard has been judged inappropriate or ineffective for the objective pursued. Where the Party considers that the technical explanation provided is not satisfactory, both Parties shall enter into technical discussions that will take place as expeditiously as possible to arrive at a mutually satisfactory understanding. ```text 3. In implementing Article 2.2 of the TBT Agreement, each Party shall consider ``` available alternatives in order to ensure that any proposed technical regulations to be adopted are not more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risk non-fulfilment would create. ```text 4. Each Party shall give positive consideration to accepting as equivalent, ``` technical regulations of the other Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of its own regulations. ```text 5. In addition to Article 2.7 of the TBT Agreement, a Party shall, on request of the ``` other Party,2 provide the reasons why it has not accepted, or cannot accept, a technical regulation of that Party as equivalent to its own. The Party to which the request is made should provide its response within a reasonable period of time. ```text 6. Each Party shall uniformly and consistently apply its technical regulations that ``` are prepared and adopted by its central government bodies to its whole territory. For greater certainty, nothing in this paragraph shall be construed to prevent local government bodies from preparing, adopting and applying additional technical regulations in a manner consistent with the provisions of the TBT Agreement. ```text 7. Except where urgent problems of safety, health, environmental protection or ``` national security arise or threaten to arise, Parties shall allow a reasonable interval 3 between the publication of technical regulations and their entry into force in order to provide sufficient time for producers in exporting Parties to adapt their products or methods of production to the requirements of importing Parties. 2 The Party’s request should identify with precision the respective technical regulations it considers to be equivalent and any data or evidence that supports its position. 3 “Reasonable interval” means normally a period of not less than six (6) months, except when this would be ineffective in fulfilling the legitimate objectives pursued by the technical regulation or the conformity assessment procedure. 5-4 <!-- page break --> ```text 8. At the request of a Party that has an interest in developing a technical regulation ``` similar to a technical regulation of the other Party, such other Party shall endeavour to provide, to the extent practicable, relevant information, including studies or documents, except for confidential information, on which it has relied in its development. ```text 9. Consistent with the obligations of the TBT Agreement, incorporated by Article ``` 5.4 (Incorporation of the TBT Agreement), each Party shall ensure that its technical regulations concerning labels: ```text (a) accord treatment no less favourable than that accorded to like goods of national origin; and (b) do not create unnecessary obstacles to trade between the Parties. ARTICLE 5.7 Conformity Assessment Procedures 1. In cases where a positive assurance is required that products conform with ``` technical regulations or standards, and relevant international standards, guides or recommendations issued by international standardising bodies exist or their completion is imminent, Parties shall ensure that central government bodies use them, or the relevant parts of them, as a basis for their conformity assessment procedures, except where, as duly explained upon request, such international standards, guides, or recommendations or relevant parts are inappropriate for the Parties concerned, for, inter alia, such reasons as: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment; fundamental climatic or other geographical factors; fundamental technological or infrastructural problems. ```text 2. Procedures for assessment of conformity by central government bodies of each Party shall be in accordance with Article 5 of the TBT Agreement. 3. Each Party shall ensure, whenever possible, that results of the conformity ``` assessment procedures in the other Party are accepted, even when those procedures differ from its own, provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. ```text 4. A Party shall, upon request of the other Party, explain its reasons for not ``` accepting the results of a conformity assessment procedure conducted in the other Party. Each Party recognises that, a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment procedures conducted in the other Party. Such mechanisms may include: ```text (a) mutual recognition agreements for the results of conformity assessment procedures conducted by bodies in the Parties; (b) cooperative (voluntary) arrangements between accreditation bodies or those between conformity assessment bodies in the Parties; 5-5 ``` <!-- page break --> ```text (c) use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements to recognise the accreditation granted by other Parties; (d) designation of conformity assessment bodies in the other Party; (e) unilateral recognition by a Party, of results of conformity assessment procedures conducted in the other Party; and (f) manufacturer's or supplier's declaration of conformity. 5. Upon reasonable request, the Parties shall exchange information and/or share ``` experiences on the mechanisms referred to in paragraph 4 above, with a view to facilitating the acceptance of the results of conformity assessment procedures. ```text 6. Each Party shall, if it considers appropriate, permit participation of conformity ``` assessment bodies in the other Party, in its conformity assessment procedures under conditions no less favourable than those accorded to conformity assessment bodies in the Party. ```text 7. Where a Party permits participation of its conformity assessment bodies and ``` does not permit participation of conformity assessment bodies in the other Party, in its conformity assessment procedures, it shall, upon written request of that Party, explain the reason for its refusal in writing. ```text 8. The Parties recognise the important role that relevant regional or international ``` organisations can play in cooperation in the area of conformity assessment. In this regard, each Party shall take into consideration the participation status or membership in such organisations of relevant bodies in the Parties in facilitating this cooperation. ```text 9. The Parties agree to encourage cooperation between their relevant conformity ``` assessment bodies in working closer with a view to facilitating the acceptance of conformity assessment results between Parties. ARTICLE 5.8 Cooperation ```text 1. The Parties shall encourage cooperation between their respective ``` organisations responsible for standardisation, conformity assessment, accreditation, and metrology, with a view to facilitate trade. ```text 2. Each Party shall, upon request of the other Party, give positive consideration to ``` proposals for cooperation on matters of mutual interest on standards, technical regulations, and conformity assessment procedures. ```text 3. Such cooperation, which shall be on terms and conditions the Parties mutually determine, may include: (a) advice or technical assistance/capacity building relating to the development and application of standards, technical regulations and conformity assessment procedures; 5-6 ``` <!-- page break --> ```text (b) cooperation between conformity assessment bodies, both governmental and non-governmental, in the Parties on matters of mutual interest; (c) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures, such as enhancing participation in the frameworks for mutual recognition developed by relevant regional and international bodies; (d) enhancing cooperation in the development and improvement of standards, technical regulations, and conformity assessment procedures; (e) strengthening communication and coordination in the WTO TBT Committee and other relevant international or regional fora; (f) greater alignment of national standards with relevant international standards, except where inappropriate or ineffective; (g) facilitation of the greater use of relevant international standards, guides, and recommendations as the basis for technical regulations, and conformity assessment procedures; and (h) promotion of the acceptance of technical regulations of the other Party as equivalent. 4. Each Party shall, upon request of the other Party, give due consideration for ``` cooperation in areas of mutual interest under this Chapter. ARTICLE 5.9 Information Exchange and Technical Discussions ```text 1. A Party may request in writing that the other Party provide information on any ``` matter arising under this Chapter. A Party receiving a request in writing, in the English language under this paragraph shall provide that information within a reasonable period of time, and if possible, by electronic means. ```text 2. When a Party considers the need to resolve an issue related to trade and ``` provisions under this Chapter, it may request in writing to hold technical discussions with the other Party. The requested Party shall respond as early as possible to such a request. ```text 3. The Parties shall discuss the matter raised within sixty (60) days of the date of ``` the request. If the requesting Party considers that the matter is urgent, it may request that any discussions take place within a shorter time frame. The Parties shall attempt to obtain satisfactory resolution of the matter as expeditiously as possible, recognising 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. ```text 4. Requests for information or technical discussions and communications shall be ``` conveyed through the respective contact points designated pursuant to Article 5.11 (Contact Points). 5-7 <!-- page break --> ```text 5. For greater certainty, a Party may request technical discussions with the other ``` Party regarding technical regulations or conformity assessment procedures on a level directly below that of the central government that may have a significant effect on trade. ```text 6. Unless the Parties agree otherwise, 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 party. ```text 7. The Parties understand and agree that this Article is without prejudice to the ``` rights and obligations of the Parties under Chapter 15 (Dispute Settlement). ARTICLE 5.10 Transparency ```text 1. The Parties recognise the importance of the provisions relating to transparency ``` in the TBT Agreement. In this respect, the Parties shall take into account relevant Decisions and Recommendations adopted by the WTO TBT Committee since 01 January 1995 (G/TBT/1/Rev.13), and any revisions issued in the future by the WTO TBT Committee. ```text 2. Upon request, a Party shall provide, if already available, the full text or summary ``` of its notified technical regulations and conformity assessment procedures in the English language. If unavailable, the Party shall provide a summary stating the requirements of the notified technical regulations and conformity assessment procedures to the requesting Party in the English language, within a reasonable period of time agreed between the Parties and, if possible, within thirty (30) days after receiving the written request. In implementing the preceding sentence, the contents of the summary shall be determined by the responding Party. ```text 3. Each Party shall, on request of the other Party, provide information regarding ``` the objectives of, and rationale for, a technical regulation or conformity assessment procedure that Party has adopted or is proposing to adopt. ```text 4. Each Party shall normally allow sixty (60) days from the date of notification to ``` the WTO in accordance with Articles 2.9 and 5.6 of the TBT Agreement for the other Party to present comments in writing, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. 5. Each Party shall take the comments of the other Party into account and shall endeavour to provide responses to these comments upon request. ```text 6. Each Party shall allow persons of the other Party to participate in consultation ``` procedures which are available to the general public for the development of technical regulations, national standards, and conformity assessment procedures by the Party, subject to laws and regulations of a Party, on terms no less favourable than those accorded to its own persons. ```text 7. When a Party detains at the point of entry an imported consignment, due to ``` non-compliance with a technical regulation or a conformity assessment procedure, it 5-8 <!-- page break --> shall notify the importer or its representative, as soon as possible, the reasons for the detention. ```text 8. Unless this Chapter provides otherwise, any information or explanation ``` requested by a Party pursuant to this Chapter shall be provided to the other Party, in print or electronic form, within a reasonable period of time as the Parties may agree, and, if possible, within sixty (60) days. Upon request, the requested Party shall provide such information or explanation in the language or languages as the Parties mutually agree, or whenever possible, in the English language. ARTICLE 5.11 Contact Points ```text 1. Within sixty (60) days of the date of entry into force of this Agreement, each ``` Party shall designate a contact point or contact points responsible for coordinating the implementation of this Chapter. ```text 2. Each Party shall provide the other Party with the name of the designated ``` contact point or contact points and the contact details of the relevant official(s) in that organisation, including telephone, facsimile, email and any other relevant details. ```text 3. Each Party shall notify the other Party promptly of any change in their contact points or any amendments to the details of the relevant official(s). 4. Each Party shall ensure that its contact point or contact points facilitate the ``` exchange of information between the Parties on standards, technical regulations, and conformity assessment procedures, in response to all reasonable requests for such information from a Party. ARTICLE 5.12 Subcommittee on Standards, Technical Regulations and Conformity Assessment Procedures ```text 1. The Parties hereby establish a Subcommittee on Standards, Technical ``` Regulations, and Conformity Assessment Procedures, under the CTG, consisting of representatives of the Parties. ```text 2. The Subcommittee shall meet at such venues and time-period as the Parties ``` mutually determine. Meetings may be conducted in person, or by any other means as the Parties mutually determine. ```text 3. The functions of the Subcommittee may include: (a) monitoring the implementation and operation of this Chapter; (b) coordinating cooperation pursuant to Article 5.8 (Cooperation); (c) facilitating technical discussions; (d) reporting, where appropriate, its findings to the Committee on Trade in Goods; and 5-9 ``` <!-- page break --> ```text (e) carrying out other functions as may be delegated by the Committee on Trade in Goods. ARTICLE 5.13 Annexes 1. The agreed text of Bilateral Cooperation on Pharmaceutical Products to Chapter 5 on Technical Barriers to Trade is placed at Annex 5A. 2. Within one (1) year of the entry into force of this Agreement, both Parties shall ``` enter into discussions to negotiate and finalise an Annex on organic products which will form an integral part to this Chapter. 5-10 <!-- page break --> ANNEX 5A Bilateral Cooperation on Pharmaceutical Products (Referred to in Chapter 5) Section A: Objectives, Definitions and Scope ARTICLE 1 Objectives ```text 1. The Parties, while recognising that there are differences between their health ``` care systems, share a commitment to facilitate access of finished pharmaceutical products (FPPs), and certain marketed biological products for human use, which are collectively referred to as “Pharmaceutical Products”, as a means of continuing to improve the health of their populations. ```text 2. Human blood, human plasma, human tissues, and organs are excluded from ``` this Annex on Bilateral Cooperation on Pharmaceutical Products (BCPP). ARTICLE 2 Definitions For the purposes of this Annex: “Good Clinical Practices (GCPs)” means a process that incorporates established ethical and scientific quality standards for the design, conduct, recording and reporting of clinical research involving the participation of human subjects; “Good Manufacturing Practices (GMPs)” means systems that assure proper design, monitoring, and control of manufacturing processes and facilities, the adherence to which assures the identity, strength, quality, and purity of pharmaceuticals. GMPs include strong quality management systems, obtaining appropriate quality raw materials (including starting materials) and packaging materials, establishing robust operating procedures, detecting and investigating product quality deviations, and maintaining reliable testing laboratories; “USFDA” means United States Food and Drug Administration; “UK MHRA” means the United Kingdom’s Medicines and Healthcare products Regulatory Agency; “EMA” means European Medicines Agency; “PMDA” means Japan’s Pharmaceuticals and Medical Devices Agency; and “TGA” means Australia’s Therapeutic Goods Administration. ARTICLE 3 Scope ```text 1. This BCPP applies technical regulations, standards, conformity assessment ``` procedures, marketing authorisations, notification procedures, and inspections Annex 5A-1 <!-- page break --> relating to GCPs and GMPs of manufacturers of Pharmaceutical Products carried out in the territories of the Parties that may affect trade in Pharmaceutical Products between the Parties. A Party’s obligations under this BCPP apply to any product that the Party defines as a Pharmaceutical Product pursuant to paragraph 2. ```text 2. Each Party shall define the scope of the products that qualify as Pharmaceutical ``` Products for the purpose of this BCPP, which are subject to its laws and regulations, and make such information publicly available. Laws and regulations of each Party on Pharmaceutical Products, both existing and new or any revisions or amendments thereof, including the details of the relevant Regulatory Authorities responsible for implementation of such laws and regulations shall be promptly notified to the other Party. Section B: Obligations ARTICLE 4 Recognition of Quality Standards In the event that there is no prescribed standard in the Pharmacopeia of a Party for a Pharmaceutical Product, the other Party shall accept all the standards relating to such Pharmaceutical Products that have been accepted by Pharmacopoeias of Australia, Canada, European Union, Japan, the United States of America, or the United Kingdom. ARTICLE 5 GMP and GCP Inspections ```text 1. Each Party shall accept, without the need for prior inspection, the ``` Pharmaceutical Products manufactured in the other Party’s territory provided that these products are approved by the Regulatory Authorities of Australia, Canada, European Union, Japan, the United States of America, or the United Kingdom. However, each Party has a right to conduct its own inspection of the manufacturing facilities approved by the Regulatory Authorities of countries/institution mentioned in this paragraph. The Party’s own inspection shall be an exception from the normal practice and shall be based on quality defects identified in post-market surveillance, or any specific evidence of serious concern in relation to the product quality or consumer safety. ```text 2. The Parties shall exchange any information necessary for the mutual ``` recognition of inspections. ARTICLE 6 Fast Track Approval for Product Registration ```text 1. Each Party, subject to the norms of recognition of quality standards and ``` inspections described in Articles 4 (Recognition of Quality Standards) and 5 (GMP and GCP Inspections) of this BCPP shall consider establishing “fast-track” procedures for Pharmaceutical Products having approvals from at least one of the Regulatory Authorities/ reference countries namely Australia, Canada, European Union, Japan, United States of America, or the United Kingdom. The products considered for fast- Annex 5A-2 <!-- page break --> track procedure under this clause shall be outside the purview of breakthrough or rare medicines in order to accelerate product registration. ```text 2. Subject to paragraph 1 and pursuant to Articles 4 (Recognition of Quality ``` Standards) and paragraph 1 of Article 5 (GMP and GCP Inspections), each Party does not need to carry out a full assessment or inspect its manufacturing sites for the products already approved by reference countries included in Pharmaceutical Products under consideration for ‘fast-track’ procedure, except in case of specialised products. ARTICLE 7 Acceptance of Test Results from Accredited Laboratories The Regulatory Authority of the importing Party shall accept tests conducted by the testing laboratories accredited by the exporting Party’s national accreditation body and approved by the Regulatory Authority of the importing Party. The importing Party may conduct an additional test, if necessary, in line with its domestic regulations. ARTICLE 8 Marketing Authorisation Each Party shall administer any marketing authorisation process it maintains for Pharmaceutical Products in a timely, reasonable, objective, transparent and impartial manner. In particular, the Parties shall adhere to the following timelines: ```text (a) Marketing authorisation shall be provided within ninety (90) days without any inspections by each Party for Pharmaceutical Products of the other Party which have been approved by the relevant Regulatory Authorities of Australia, Canada, European Union, Japan, the United States of America, or United Kingdom. (b) For all other Pharmaceutical Products where inspections are required, each Party shall, to the extent possible, and only as practicably feasible, grant marketing authorisation within two hundred and seventy (270) days of application for such marketing authorisation. ARTICLE 9 Alert System 1. Each Party shall maintain an Alert System that permits authorities of the other ``` Party, when relevant, to be made aware proactively and with the appropriate speed in case of quality defect, recalls, falsified products, or potential serious shortages and other problems concerning quality or non-compliance with GMPs, which could necessitate additional controls or suspension of the distribution of the affected products. ```text 2. Each Party undertakes to ensure that any market surveillance related to ``` imported Pharmaceutical Products of the other Party shall be conducted in accordance with relevant reference country pharmacopoeias or validated test protocols as applicable to the manufacturer of such products. Annex 5A-3 <!-- page break --> ARTICLE 10 Suspension or Withdrawal of Marketing Authorisation ```text 1. The Parties shall ensure that any suspension or withdrawal (total or partial) of ``` a marketing authorisation, as the case may be, shall be based on non-compliance with mandatory GMP/GCP requirements, the effect on the protection of public health or a quality defect in the product. The decision to suspend or withdraw manufacturing authorisation and/or marketing authorisation shall be communicated to the other Party with the appropriate degree of urgency and as per the applicable Pharmacovigilance procedures in each Party. ```text 2. Each Party, in accordance with its laws and regulations, shall provide for ``` adequate provisions for review and appeal against any decision of suspension or withdrawal of marketing authorisation and/or manufacturing authorisation. ARTICLE 11 Review The Parties shall review the scope and the provisions of this Annex after two (2) years from the entry into force of the Agreement. Thereafter, the review shall take place every three (3) years or as mutually agreed by the Parties. Section C: Contact Points ARTICLE 12 Contact Points For the purpose of this BCPP, the contact points for any technical question, such as exchange of inspection reports, inspectors’ training sessions and technical requirements, shall be: ```text (a) For the UAE: Head of Drug Regulatory Authority of UAE Director of Drug Department Health Regulation sector Ministry of Health and Prevention (b) For India: Central Drugs Standard Control Organisation (CDSCO) Ministry of Health & Family Welfare Government of India

Annex 5A-4 ``` <!-- page break --> CHAPTER 6 CUSTOMS PROCEDURES & TRADE FACILITATION ARTICLE 6.1 Definitions For the purposes of this Chapter: “Customs Administration” means the Federal Authority of Identity, Citizenship, Customs and Port Security for the UAE and the Central Board of Indirect Taxes & Customs for India; “customs laws and regulations” means laws and regulations concerning the importation, exportation, transit of goods, or any other customs procedures, whether relating to customs duties, taxes or any other charges collected by the Customs Administrations, or to measures for prohibition, restriction, or control enforced by the Customs Administrations; “customs procedures” means the measures applied by the Customs Administration of a Party to goods and to the means of transport that are subject to its customs laws and regulations; “persons” means both natural and legal person, unless the context otherwise requires; “Customs Mutual Assistance Agreement (CMAA)” means the agreement that further enhances customs cooperation and exchange of information between the Parties to secure and facilitate lawful trade through enhancing assistance in administration of customs matters for proper application of customs law and for the prevention, investigation and combating of customs offences and to ensure the security of the international trade supply chain, signed on 01 April 2012; “Authorised Economic Operator(s) (AEO)” means, in accordance with the WTO Agreement on Trade Facilitation, set out in Annex 1A to the WTO Agreement (TFA), the program which recognises an operator involved in the international movement of goods in whatever function that has been approved by the national Customs Administration as complying with the World Customs Organisation (WCO) supply chain security standards; “Mutual Recognition Arrangement (MRA)” means the arrangement between the Parties that mutually recognises AEO authorisations that have been properly granted by the respective Customs Administrations; and “TFA commitment(s)” means respective commitments of both Parties under the WTO Agreement on Trade Facilitation, set out in Annex 1A to the WTO Agreement. 6-1 <!-- page break --> ARTICLE 6.2 Scope This Chapter shall apply, in accordance with the Parties’ respective national laws, rules and regulations, to customs procedures required for clearance of goods traded between the Parties. ARTICLE 6.3 General Provisions ```text 1. The Parties agree that their customs laws and regulations and customs ``` procedures shall be transparent, non-discriminatory, consistent and avoid unnecessary procedural obstacles to trade. ```text 2. Customs procedures of the Parties shall conform, where possible, to the standards and recommended practices of the WCO. 3. The Customs Administration of each Party shall, to the extent possible, ``` periodically review its customs procedures with a view to their further simplification and development to facilitate bilateral trade. ARTICLE 6.4 Publication and Availability of Information ```text 1. Each Party shall ensure that its laws, regulations, guidelines, procedures, and ``` administrative rulings governing customs matters are promptly published, either on the internet or in print form in the English language, to the extent possible. ```text 2. Each Party shall designate, establish, and maintain one or more enquiry points ``` consistent with its TFA commitments to address reasonable enquiries from interested persons pertaining to customs matters, and shall endeavour to make available publicly through electronic means, information concerning procedures for making such enquiries. ```text 3. Nothing in this Article or in any part of this Agreement shall require any Party to ``` publish law enforcement procedures and internal operational guidelines including those related to conducting risk analysis and targeting methodologies. ```text 4. Each Party shall, to the extent practicable, and in a manner consistent with its ``` domestic law, TFA commitments and legal system, ensure that new or amended laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit, are published or information on them made otherwise publicly available, as early as possible before their entry into force, so that interested parties have the opportunity to become acquainted with the new or amended laws and regulations. Such information and publications shall be available in the English language, to the extent possible. ```text 5. Changes to duty rates or tariff rates, measures that have a relieving effect, ``` measures the effectiveness of which would be undermined as a result of compliance with paragraph 4, measures applied in urgent circumstances, or minor changes to domestic law and legal system are each excluded from the obligations in paragraphs 1 and 4. 6-2 <!-- page break --> ARTICLE 6.5 Risk Management Each Party shall adopt a risk management approach in its customs activities, based on its risk evaluation criteria concerning goods and supply chain entities, in order to facilitate the clearance of low-risk consignments, while focusing its customs control on high-risk goods. ARTICLE 6.6 Paperless Communications ```text 1. For the purposes of trade facilitation, the Parties shall endeavour to provide an ``` electronic environment that supports business transactions between the Customs Administrations and trading entities. ```text 2. The Parties shall exchange views and information on realising and promoting paperless communications between the Customs Administrations and trading entities. 3. The Customs Administration of each Party, in implementing initiatives which ``` provide for the use of paperless communications, shall take into account the methodologies agreed at the WCO. ARTICLE 6.7 Advance Rulings ```text 1. In accordance with its commitments under the TFA, each Party shall provide ``` for the issuance of an advance ruling, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in the territory of the other Party. ```text 2. For the purposes of paragraph 1, each Party shall issue rulings as to whether the ``` good qualifies as an originating good or to assess the good’s tariff classification. Each Party shall issue its determination regarding the origin or classification of the good within a reasonable, time-bound manner from the date of receipt of a complete application for an advance ruling. ```text 3. The importing Party shall apply an advance ruling issued by it under paragraph ``` 1 on the date that the ruling is issued or on a later date specified in the ruling. The ruling shall remain in effect for a reasonable period of time and in accordance with the national procedures on advance rulings unless the Party revokes, modifies, or invalidates the advance ruling, wherein it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision. Where a Party invalidates advance rulings with retroactive effect, it may only do so where the ruling was based on false or misleading information. 4. The advance ruling issued by the Party shall be binding only on the person to whom the ruling is issued. ```text 5. A Party may decline to issue an advance ruling if the facts and circumstances ``` forming the basis of the advance ruling are the subject of a post clearance audit or under review before any governmental agency or an administrative, judicial, or quasi-judicial review or appeal. A Party that declines to issue an advance ruling shall 6-3 <!-- page break --> promptly in accordance with national procedures notify, in writing, the person requesting the ruling, setting out the relevant facts and circumstances and the basis for its decision. ```text 6. Each Party shall provide that any modification or revocation of an advance ``` ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the advance ruling was based on incomplete, incorrect, false, or misleading information. ARTICLE 6.8 Penalties ```text 1. Each Party shall maintain measures imposing criminal, civil or administrative ``` penalties, whether solely or in combination, for violations of the Party’s customs laws and regulations or customs procedures. ```text 2. Each Party shall ensure that penalties issued for a breach of its customs laws ``` and regulations or customs procedures are imposed only on the person(s) responsible for the breach under its laws. ```text 3. Each Party shall ensure that the penalty imposed by its Customs Administration ``` is dependent on the facts and circumstances of the case and is commensurate with the degree and severity of the breach. ```text 4. Each Party shall ensure that it maintains measures to avoid conflicts of interest ``` in the assessment and collection of penalties and duties. Each Party will ensure that it maintains measures to avoid creating an incentive for the assessment or collection of a penalty that is inconsistent with paragraph 3 above. ```text 5. Each Party shall ensure that if a penalty is imposed by its Customs ``` Administration for a breach of its customs laws and regulations or customs procedures, an explanation in writing is provided to the person(s) upon whom the penalty is imposed specifying the nature of the breach and the law, regulation or procedure used for determining the penalty amount. ARTICLE 6.9 Release of Goods ```text 1. Each Party shall adopt or maintain simplified customs procedures for the ``` efficient release of goods in order to facilitate trade, consistent with domestic laws and procedures. ```text 2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that: (a) provide for the release of goods without unnecessary delay upon receipt of the customs declaration and fulfilment of all applicable requirements and procedures; (b) provide for the electronic submission and processing of documentation and data, including manifests, prior to the arrival of the goods, in order to expedite the release of goods from customs control upon arrival; 6-4 ``` <!-- page break --> ```text (c) provide for goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and (d) require that, to the extent permitted by its customs laws and regulations, the importer be informed if a Party does not promptly release goods, including, the reasons why the goods are not released and which border agency, if not the Customs Administration, has withheld release of the goods. 3. Nothing in this Article requires a Party to release a good if its requirements for ``` release have not been met nor prevents a Party from liquidating or requiring a security deposit in accordance with its customs laws and regulations. ```text 4. Each Party may allow, to the extent practicable and in accordance with its ``` customs laws and regulations, goods intended for import to be moved within its territory under customs control from the point of entry into the Party’s territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met. ARTICLE 6.10 Authorised Economic Operators In order to facilitate trade and enhance compliance and risk management between them, the Parties shall work towards negotiating, finalizing and implementing the Authorised Economic Operator (AEO) Mutual Recognition Arrangement (MRA) between the two Parties. ARTICLE 6.11 Border Agency Cooperation Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this Chapter. ARTICLE 6.12 Expedited Shipments ```text 1. Each Party shall adopt or maintain expedited customs procedures for goods ``` entered through air cargo facilities while maintaining appropriate customs control and selection. These procedures, subject to TFA commitments, shall: ```text (a) provide for information necessary to release an expedited shipment to be submitted and processed before the shipment arrives; (b) minimise the documentation required for the release of expedited shipments, and to the extent possible, provide for release based on a 6-5 ``` <!-- page break --> single submission of information on certain shipments through electronic means;1 ```text (c) under normal circumstances, provide for expedited shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived and applicable customs duties have been assessed where applicable; (d) apply to shipments of any weight or value recognizing that a Party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, based on the good’s weight or value; and (e) under normal circumstances, provide that no customs duties will be collected on expedited shipments valued or assessed to duty at or below a fixed amount set under the Party’s law. 2 Each Party shall endeavour to review the amount periodically taking into account factors that it may consider relevant. ARTICLE 6.13 Review and Appeal 1. Each Party shall ensure that any person to whom it issues a decision on a customs matter has access to: (a) an administrative appeal to or review by an administrative authority higher than or independent from the official or office that issued the decision; and/or (b) judicial appeal or review of the decision. 2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner. 3. Each Party shall ensure that an authority conducting a review or appeal under ``` paragraph 1 notifies the person in writing of its determination or decision in the review or appeal, and the reasons for the determination or decision. ARTICLE 6.14 Customs Cooperation ```text 1. With a view to further enhancing customs cooperation and exchange of ``` information between the Customs Administrations to secure and facilitate lawful trade through the proper application of customs laws and regulations, for the prevention, investigation and combating of customs offences and to ensure the security of the 1 Additional documents may be required as a condition for release. 2 Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents, for restricted or controlled goods, such as goods subject to import licensing or similar requirements. 6-6 <!-- page break --> international trade supply chain, each Party shall implement and comply with the obligations in the CMAA. ```text 2. The Parties shall facilitate initiatives for the exchange of pre-arrival customs ``` data as well as information on best practices in relation to the implementation and management of customs procedures described in this Chapter, and in accordance with the CMAA. ARTICLE 6.15 Confidentiality Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. Any information received under this Chapter shall be treated as confidential pursuant to the terms of the CMAA. ARTICLE 6.16 Subcommittee on Customs Procedures and Trade Facilitation The Parties agree to establish a Subcommittee on Customs procedures and Trade Facilitation (CPTF Subcommittee) under the CTG, consisting of government representatives of each Party’s competent authorities. 6-7 <!-- page break --> CHAPTER 7 TRADE REMEDIES ARTICLE 7.1 Definitions For the purposes of this Chapter: “Anti-Dumping Agreement” means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement. “Safeguards Agreement” means the Agreement on Safeguards, set out in Annex 1A to the WTO Agreement. “SCM Agreement” means the Agreement on Subsidies and Countervailing Measures, set out in Annex 1A to the WTO Agreement. ARTICLE 7.2 Anti-Dumping and Countervailing Measures General: ```text 1. Except as otherwise provided for in this Agreement, the Parties retain their ``` rights and obligations under Article VI of the GATT 1994, the Anti-Dumping Agreement, and the SCM Agreement. Termination of Anti-dumping and Countervailing Duty Measures: 2.A. Where an anti-dumping or countervailing duty investigation in respect of goods from the other Party is terminated with a negative final determination, or pursuant to a review under Articles 11.2 and 11.3 of the Anti-Dumping Agreement and Articles 21.2 and 21.3 of the SCM Agreement, no anti-dumping or countervailing duty shall be imposed on the same goods during one (1) year after the termination of the previous investigation or measure, if that other Party is the only subject country involved. 2.B. Notwithstanding paragraph 2.A., the investigating authority of the importing Party may initiate an investigation in an exceptional case, provided that the authority is satisfied, on the basis of evidence available to it, that dumping or injury has recurred as a result of withdrawal of the duties and that initiation of such an investigation is necessary to prevent material injury or threat thereof to the domestic industry as a consequence of such dumped imports from the exporting Party. Practices Relating to Anti-dumping and Countervailing Duty Proceedings: ```text 3. The Parties recognise the following practices as promoting the goals of ``` transparency and due process in anti-dumping and countervailing duty proceedings: 7-1 <!-- page break --> ```text (a) the importing Party shall not include the other Party among subject countries in anti-dumping investigations where products are merely transhipped1 through the other Party; (b) upon receipt by a Party’s investigating authority of a properly documented anti-dumping or countervailing duty application with respect to imports from the other Party, and no later than ten (10) days before initiating an investigation, the Party shall provide written notification of its receipt of the application to the other Party; (c) as soon as possible and no later than ten (10) days, after receiving the notification of the receipt of the application, the exporting Party may request pre-initiation consultations with the importing Party, with the aim of clarifying all possible concerns regarding the matters referred to in the application and arriving at a mutually agreed solution; (d) without prejudice to the obligation to afford reasonable opportunity for consultation, these provisions regarding consultations are not intended to prevent the authorities of a Party from proceeding expeditiously with regard to initiating an investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with the Party’s national laws; (e) in any proceeding in which the investigating authority determines to conduct an in-person verification of information that is provided by a respondent2 and that is pertinent to the calculation of dumping margins or the level of a countervailable subsidy, the investigating authority shall promptly notify each respondent of its intent, and, in normal circumstances: (i) provide to each respondent ten (10) days advance notice of the dates on which the authorities intend to conduct an in-person verification of the information; (ii) five (5) 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 (iii) after the verification is completed, prepare a written report describing the methods and procedures that it followed in carrying out the verification and the results of the verification and make the ``` 1 For the purpose of this paragraph, “transhipment” means the customs procedure under which goods are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office which is the office of both importation and exportation. 2 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. 7-2 <!-- page break --> report available to the concerned interested parties, in sufficient time for the interested parties to defend their interests in the segment of a proceeding; ```text (f) if, in an anti-dumping or countervailing duty action that involves imports from the other Party, a Party’s investigating authority determines that a timely response to a request for information does not comply with the request, the investigating authority shall 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 the interested party with an opportunity to remedy or explain the deficiency. If that interested party submits further information in response to that deficiency and the investigating authority finds that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authority disregards all or part of the original and subsequent responses, the investigating authority shall explain in the determination or other written document the reasons for disregarding the information; (g) before a final determination is made, the investigating authority shall inform the Parties participating in the investigation 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 authority may use any reasonable means to disclose the essential facts. Such disclosure shall be made in writing, and should take place within sufficient time for interested parties to defend their interests; and (h) the investigating authority shall provide an adequate and timely opportunity to the concerned interested parties to present arguments on the reports and disclosures. ARTICLE 7.3 Bilateral Safeguard Measures ``` Definitions: For the purposes of this Article: “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; and 7-3 <!-- page break --> “bilateral safeguard measure” means a measure described in paragraph 1. General: ```text 1. If, as a result of the reduction or elimination of a customs duty under this ``` Agreement, an originating good of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other Party causes serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the Party may: ```text (a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement; (b) increase the rate of customs duty on the good to a level not to exceed the lesser of: (i) the most-favoured nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and (ii) the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force. 2. The Parties agree that neither tariff rate quotas nor quantitative restrictions are permissible forms of bilateral safeguard measures. 3. The Parties agree that the bilateral safeguard measure will be permanent for ``` the duration of this Agreement. Nonetheless, upon a request of either Party, the CTG may, not less than five (5) years after the date on which the elimination or reduction of the customs duty on all the goods is completed, discuss and review the implementation and operation of the bilateral safeguard measure. Notification and Consultation: ```text 4. A Party shall notify the other Party in writing or by electronic communication: (a) within seven (7) days of initiation of an investigation described in paragraph 8, (b) immediately upon making a finding of serious injury or threat thereof caused by increased imports; and (c) immediately upon application of provisional or a definitive bilateral safeguard measure or extending the measure. 5. In making the notification referred to in subparagraphs 4(b), and 4(c) the Party ``` proposing to apply a safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by the increased imports, precise description of the good involved and the proposed measure and expected duration. 7-4 <!-- page break --> ```text 6. A Party shall make a notification to the other Party upon making a finding of ``` serious injury or threat thereof caused by increased imports. Consultations shall be initiated immediately after the measure is taken. ```text 7. A Party proposing to apply a definitive safeguard measure shall provide ``` adequate opportunity for prior consultations with the other Party as far in advance, of taking any such measure, with a view to reviewing the information arising from the investigation, exchanging views on the measure and reaching an agreement on the compensation set out in paragraph 21. The Parties shall in such consultations, review, inter alia, the information provided under paragraph 4, to determine: ```text (a) compliance with this Article; (b) whether any proposed measure should be taken; and (c) the appropriateness of the proposed measure, including consideration of alternative measures. Conditions and Limitations: 8. A Party shall apply a safeguard measure only following an investigation by the ``` Party’s competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and form part of this Agreement, mutatis mutandis. ```text 9. In the investigation described in paragraph 8, the Party shall comply with the ``` requirements of Article 4.2(a) of the Safeguards Agreement, and to this end, Article 4.2(a) of the Safeguards Agreement is incorporated into and form part of this Agreement, mutatis mutandis. ```text 10. Each Party shall ensure that its competent authorities complete any such ``` investigation within eight (8) months of its date of initiation which may be extended up to one (1) year by the competent authority. ```text 11. Neither Party may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment; or (b) for a period exceeding two (2) years, except that the period may be extended by up to two (2) years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a bilateral safeguard measure, including the period of initial application and any extension thereof, shall not exceed four (4) years. 12. No bilateral safeguard measure shall be applied to the import of an originating ``` good for a period of one (1) year from the date of commencement of tariff reduction or tariff elimination for that originating good provided for under this Agreement. 7-5 <!-- page break --> ```text 13. When a Party terminates a bilateral safeguard measure, the rate of customs ``` duty for the originating good subject to that bilateral safeguard measure shall be the rate that, according to that Party’s Schedule of Tariff Commitments in Annex 2A (for India) or Annex 2B (for the UAE), would have been in effect but for that bilateral safeguard measure. ```text 14. No bilateral safeguard measure shall be applied again to the import of a product ``` that has been previously subject to such measure for a period of time equal to the period during which the previous measure was applied or one (1) year since the expiry of such measure, whichever is longer. ```text 15. Notwithstanding the provisions of paragraph 15, a safeguard measure with a ``` duration of one hundred and eighty (180) days or less may be applied again to the import of a product if: (a) at least one (1) year has elapsed since the date of introduction of a safeguard measure on the import of that product; and ```text (b) such a safeguard measure has not been applied on the same product more ``` than twice in the four (4) year period immediately preceding the date of introduction of the measure. ```text 16. Where the expected duration of the bilateral safeguard measures is over one ``` (1) year, the Party applying the bilateral safeguard measure shall progressively liberalise it at regular intervals during its period of application. Provisional Measures: ```text 17. In critical circumstances where delay would cause damage that would be ``` difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports have caused serious injury, or threat thereof, to the domestic industry. ```text 18. If a Party’s competent authorities make a preliminary determination, the Party ``` shall make such determination available to interested parties, and shall provide interested parties at least fifteen (15) days to comment and submit their arguments with respect to such determinations. ```text 19. The duration of any provisional measure shall not exceed two hundred (200) ``` days, during which time the Party shall comply with the requirements of paragraphs 5, 6, 8 and 9. ```text 20. The Party shall promptly refund any tariff increases if the investigation ``` described in paragraph 6 does not result in a finding that the requirements of paragraph 1 are met. The duration of any provisional measure shall be counted as part of the period described in paragraph 11(b). 7-6 <!-- page break --> Compensation: ```text 21. No later than thirty (30) days after it applies a bilateral safeguard measure, a ``` Party shall afford an opportunity for the other Party to consult regarding appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The applying Party shall provide such compensation as the Parties mutually agree. ```text 22. If the Parties are unable to agree on compensation within thirty (30) days in the ``` consultations, the Party against whose originating good the measure is applied may suspend the application of concessions with respect to originating goods of the applying Party that have trade effects substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects. ```text 23. A Party against whose good the bilateral safeguard measure is applied shall ``` notify the Party applying the bilateral safeguard measure in writing at least thirty (30) days before it suspends concessions in accordance with paragraph 22. ```text 24. The right to take action to suspend the application of concessions referred to in the second sentence of paragraph 22 shall not be exercised for: (a) The first two (2) years that the measure is in effect; and (b) The first three (3) years during which the bilateral safeguard measure is in effect, where it has been extended beyond two (2) years, provided that the measure has been taken as a result of an absolute increase in imports and that such measure conforms to the provisions of this Section. 25. The applying Party’s obligation to provide compensation under paragraph 21 ``` and the other Party’s right to suspend concessions under paragraph 22 shall cease on the termination of the bilateral safeguard measure. ARTICLE 7.4 Global Safeguard Measures ```text 1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 ``` and the Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken under Article XIX of the GATT 1994 and the Safeguards Agreement, except that a Party taking a global safeguard measure may exclude imports of an originating good of the other Party if such imports are not a cause of serious injury or threat thereof. ```text 2. Neither Party shall apply, with respect to the same good, at the same time: (a) a bilateral safeguard measure as provided in Article 7.3 (Bilateral Safeguard Measures); and 7-7 ``` <!-- page break --> ```text (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement ARTICLE 7.5 Subcommittee on Trade Remedies ``` The Parties agree to establish a Subcommittee on Trade Remedies (TR Committee) under the CTG, consisting of government representatives of each Party’s competent authorities. 7-8 <!-- page break --> CHAPTER-8 TRADE IN SERVICES ARTICLE 8.1 Definitions For the purposes of this Chapter: “a service supplied in the exercise of governmental authority” means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers; “aircraft repair and maintenance services” means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance; “commercial presence” means any type of business or professional establishment, including through: ```text (a) the constitution, acquisition or maintenance of a juridical person, or (b) the creation or maintenance of a branch or a representative office, within the territory of a Party for the purpose of supplying a service; ``` “computer reservation system services” means services provided by computerised systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued; “juridical person” means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship, or association; A “juridical person” is: ```text (a) owned by persons of a Party if more than 50 per cent of the equity interest in it is beneficially owned by persons of that Party; (b) controlled by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; (c) affiliated with another person when it controls, or is controlled by, that other person, or when it and the other person are both controlled by the same person; “juridical person of the other Party” means a juridical person which is either: (a) constituted or otherwise organised under the law of the other Party, and is engaged in substantive business operations in the territory of that Party; or 8-1 ``` <!-- page break --> ```text (b) in the case of the supply of a service through commercial presence, owned or controlled by: (i) natural persons of that other Party; or (ii) juridical persons of that other Party as identified under sub paragraph (g) (i); ``` “measure” means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form; “measures by a Party” means measures taken by: ```text (a) central, regional, or local governments and authorities; and (b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; ``` In fulfilling its obligations and commitments under this Chapter, each Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non-governmental bodies within its territory; “measures by a Party affecting trade in services” include measures in respect of: ```text (a) the purchase, payment or use of a service; (b) the access to and use of, in connection with the supply of a service, services which are required by the Party to be offered to the public generally; and (c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party; ``` “monopoly supplier of a service” means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service; “natural person of the other Party” means a natural person who resides in the territory of that Party or elsewhere, and who under the law of that Party: ```text (a) is a national of that Party; or (b) has the right of permanent residence in that Party provided that such Party accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting trade in services, provided that the Party is not obligated to accord to such permanent residents treatment more favourable than would be accorded by that Party to such permanent residents; ``` “person” means either a natural person or a juridical person; 8-2 <!-- page break --> “sector of a service” means, ```text (a) with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party’s Schedule, (b) otherwise, the whole of that service sector, including all of its subsectors; ``` “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 nor the applicable conditions; “services” includes any service in any sector except services supplied in the exercise of governmental authority; “service consumer” means any person that receives or uses a service; “service of the other Party” means a service which is supplied: ```text (a) from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of the other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or (b) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of the other Party; ``` “service supplier” means any person that supplies a service;1 “supply of a service” includes the production, distribution, marketing, sale and delivery of a service; “trade in services” is defined as the supply of a service: ```text (a) from the territory of a Party into the territory of the other Party ("cross- border”); (b) in the territory of a Party to the service consumer of the other Party (“consumption abroad”); (c) by a service supplier of a Party, through commercial presence in the territory of the other Party (“commercial presence”); ``` 1 Where the service is not supplied directly by a juridical person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e., the juridical person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under this Chapter. Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied. 8-3 <!-- page break --> ```text (d) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party (“presence of natural persons”); and ``` “traffic rights” means the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over the territory of a Party, including points to be served, routes to be operated, types of traffic to be carried, capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership, and control. ARTICLE 8.2 Scope and Coverage ```text 1. This Chapter applies to measures by a Party affecting trade in services. 2. This Chapter does not apply to: (a) laws, regulations, or requirements governing the procurement by government agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale; (b) subsidies or grants except to the extent provided in Article 8.15 (Subsidies) on subsidies; (c) services provided in the exercise of governmental authority; (d) measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting:2 (i) aircraft repair and maintenance services; (ii) the selling and marketing of air transport services; (iii) computer reservation system services; (iv) rental services of aircraft with crew; or (v) air transport management services. 3. This Chapter shall not apply to measures affecting natural persons seeking ``` access to the employment market of a Party, nor shall it apply to measures pertaining to citizenship, permanent residence or employment on a permanent basis. 2 Notwithstanding subparagraphs (iv) and (v), this Chapter shall apply to measures affecting rental services of aircraft with crew and air transport management services only for a Party that opts to make commitments in relation to such services in accordance with Article 8.7 (Schedule of Specific Commitments). 8-4 <!-- page break --> ```text 4. The rights and obligations of the Parties in respect of Financial Services shall ``` be governed by the Annex on Financial Services of the GATS, which are hereby incorporated into and made part of this Agreement. ```text 5. The provisions of this Chapter shall be read with Annex 8C on ``` Telecommunications Services and Annex 8D on Movement of Natural Persons. ARTICLE 8.3 Market Access ```text 1. With respect to market access through the modes of supply defined under ``` “Trade in Services” in Article 8.1 (Definitions), each Party shall accord services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule of specific commitments.3 ```text 2. In sectors where market access commitments are undertaken, the measures ``` which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of specific commitments, are defined as: ```text (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; (b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; (c) limitations on the total number of service operations or on 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;4 (d) limitations on 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; (e) measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; and ``` 3 If a Party undertakes a market-access commitment in relation to the supply of a service through the “cross-border” mode of supply referred to in the definition of “trade in services” in Article 8.1 (Definitions), and if the cross-border movement of capital is an essential part of the service itself, that Party is thereby committed to allow such movement of capital. If a Party undertakes a market-access commitment in relation to the supply of a service through the “commercial presence” mode of supply referred to in the definition of “trade in services” in Article 8.1 (Definitions), it is thereby committed to allow related transfers of capital into its territory. 4 Subparagraph 2(c) of Article 8.3 (Market Access) does not cover measures of a Party which limit inputs for the supply of services. 8-5 <!-- page break --> ```text (f) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 3. Each Party shall endeavour to minimise requirements for a service supplier of ``` the other Party to establish or maintain a representative office or any form of juridical person or to be resident in its territory, as a condition for the cross-border supply of a service. ARTICLE 8.4 National Treatment ```text 1. In the sectors inscribed in its Schedule of specific commitments, and subject to ``` any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.5 ```text 2. A Party may meet the requirement of paragraph 1 by according to services and ``` service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers. ```text 3. Formally identical or formally different treatment shall be considered to be less ``` favourable if it modifies the conditions of competition in favour of services or service suppliers of a Party compared to like services or service suppliers of the other Party. ARTICLE 8.5 Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 8.3 (Market Access) or 8.4 (National Treatment), including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Party's Schedule of specific commitments. ARTICLE 8.6 Most Favoured Nation Treatment If, after the date of entry into force of this Agreement, a Party enters into any agreement on trade in services with a non-Party, it shall give consideration to a request by the other Party for the incorporation herein of treatment no less favourable than that provided under the aforesaid agreement. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement. 5 Specific commitments assumed under this Article shall not be construed to require either Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers. 8-6 <!-- page break --> ARTICLE 8.7 Schedule of Specific Commitments ```text 1. Each Party shall set out, in a Schedule, the specific commitments it undertakes ``` under Articles 8.3 (Market Access), 8.4 (National Treatment) and 8.5 (Additional Commitments). With respect to sectors where such commitments are undertaken, each Schedule of specific commitments shall specify: ```text (a) terms, limitations and conditions on market access; (b) conditions and qualifications on national treatment; (c) undertakings relating to additional commitments; (d) where appropriate the time frame for implementation of such commitments; and (e) the date of entry into force of such commitments. 2. Measures inconsistent with both Articles 8.3 (Market Access) and 8.4 (National ``` Treatment) shall be inscribed in the column relating to Article 8.3 (Market Access). In this case, the inscription will be considered to provide a condition or qualification to Article 8.4 (National Treatment) as well. ```text 3. The Parties’ Schedules of Specific Commitments shall be annexed to this ``` Chapter as Annex 8A (for India) and Annex 8B (for the UAE) and shall form an integral part of this Agreement. ARTICLE 8.8 Modification of Schedules ```text 1. A Party may modify or withdraw any commitment in its Schedule, (referred to ``` in this Article as the “modifying Party”), at any time after three (3) years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article. It shall notify the other Party of its intent to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal. ```text 2. At the request of the other Party, the modifying Party shall enter into ``` negotiations with a view to reaching agreement on any necessary compensatory adjustment within six (6) months. In such negotiations and agreement, the Parties shall endeavour to maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in the Schedules of specific commitments prior to such negotiations. The Joint Committee shall be kept informed of the outcome of the negotiations. ```text 3. If agreement is not reached between any affected Party and the modifying Party ``` before the end of the period provided for negotiations, the affected Party may invoke the process in Chapter 15 (Dispute Settlement). 8-7 <!-- page break --> ```text 4. If an affected Party does not refer the matter to dispute settlement within sixty ``` (60) days from the expiration of the period referred to in paragraph 3, the modifying Party shall be free to implement the proposed modification or withdrawal. ```text 5. The modifying Party may not modify or withdraw its commitment until it has ``` made compensatory adjustments in conformity with the findings of the arbitration panel established pursuant to Article 15.8 (Establishment of a Panel – Dispute Settlement). ```text 6. If the modifying Party implements its proposed modification or withdrawal and ``` does not comply with the findings of the arbitration panel established pursuant to Article 15.8 (Establishment of a Panel – Dispute Settlement), the affected Party may modify or withdraw substantially equivalent benefits in conformity with those findings. ARTICLE 8.9 Review ```text 1. The Parties shall endeavour to review this Chapter and specifically their ``` Schedules of Specific Commitments at least once every two (2) years at the request of either Party, with a view to facilitating the reduction or elimination of substantially all remaining discrimination between the Parties with regard to trade in services covered in this Chapter over a period of time. In this process, there shall be due respect for the national policy objectives. 2. Any review pursuant to paragraph 1 shall be in conformity with Article V of the GATS. ARTICLE 8.10 Domestic Regulation ```text 1. In sectors where specific commitments are undertaken, each Party shall ensure ``` that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. ```text 2. Each Party shall maintain or institute as soon as practicable judicial, arbitral or ``` administrative tribunals or procedures which provide, at the request of an affected service supplier of the other Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review. ```text 3. The provisions of paragraph 2 shall not be construed to require a Party to ``` institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 4. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Party shall, ```text (a) within a reasonable period of time after the submission of an application considered complete under the laws and regulations of the Party, inform the applicant of the decision concerning the application; 8-8 ``` <!-- page break --> ```text (b) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (c) at the request of the applicant, without undue delay provide, information concerning the status of the application; and (d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 5. 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 in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures, pursuant to Article VI.4 of the GATS, with a view to their incorporation into this Chapter. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: ```text (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 6. Pending the incorporation of disciplines pursuant to paragraph 5, for sectors ``` where a Party has undertaken specific commitments and subject to any terms, limitations, conditions or qualifications set out therein, a Party shall not apply licensing and qualification requirements and procedures and technical standards that nullify or impair such specific commitments in a manner which: ```text (a) does not comply with the criteria outlined in subparagraphs 5(a), 5(b), or 5(c); and (b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. 7. In determining whether a Party is in conformity with the obligation under ``` paragraph 6, account shall be taken of international standards of relevant international organisations6 applied by that Party. ```text 8. In sectors where specific commitments regarding professional services are ``` undertaken, each Party shall provide for adequate procedures to verify the 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of both Parties. 8-9 <!-- page break --> competence of professionals of the other Party in accordance with provisions of paragraph 5. ARTICLE 8.11 Recognition ```text 1. For the purposes of the fulfilment of its standards or criteria for the ``` authorisation, licensing or certification of services suppliers, each Party shall give due consideration to any requests by the other Party to recognise the education or experience obtained, requirements met, or licenses or certifications granted in the other Party. Such recognition which may be achieved through harmonisation or otherwise may be based upon an agreement or arrangement with the other Party, or otherwise be accorded autonomously. ```text 2. Where a Party recognises, by agreement or arrangement, the education or ``` experience obtained, requirements met, or licenses or certifications granted in the territory of a non-party, that Party shall afford the other Party adequate opportunity to negotiate its accession to such an agreement or arrangement, whether existing or future, or to negotiate a comparable agreement or arrangement with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that the education or experience obtained, requirements met, or licenses or certifications granted in the territory of that other Party should also be recognised. ```text 3. After the entry into force of this Agreement, the Parties shall encourage their ``` relevant professional bodies in the service sectors of architecture, engineering, medical (doctors), dental, accounting and auditing, nursing, veterinary and company secretaries, to negotiate with the aim of concluding any such agreements or arrangements providing mutual recognition of the education or experience obtained, qualification requirements and procedures and licensing requirements and procedures, within a reasonable period of time. The Parties shall report periodically to the Joint Committee on progress and on impediments experienced. ```text 4. In respect of regulated service sectors, other than those mentioned in ``` paragraph 3, upon a request being made in writing by a Party to the other Party in such sector, the Parties shall encourage their respective professional bodies to negotiate, in that service sector, agreements for mutual recognition of education, or experience obtained, qualifications requirements and procedures, and licensing requirements and procedures in that service sector, with a view to the achievement of early outcomes. The Parties shall report periodically to the Joint Committee on progress and on impediments experienced. ```text 5. The Parties agree that they shall not be responsible in any way for the ``` settlement of disputes arising out of, or under the agreements or arrangements for mutual recognition concluded by their respective professional, standard-setting or regulatory bodies under the provisions of this Article and that the provisions of the Chapter 15 (Dispute Settlement) shall not apply to disputes arising out of, or under, the provisions of such agreements or arrangements. ```text 6. The Parties agree to encourage, where possible, the relevant bodies in their ``` respective territories to: 8-10 <!-- page break --> ```text (a) enhance cooperation on skill development and mutual recognition of qualifications; (b) organise bilateral discussions on particular skill sets and standards as per the requirements by each Party; and (c) pursue mutually acceptable standards and criteria for licensing and certification with respect to service sectors of mutual importance to the Parties. ARTICLE 8.12 Monopolies and Exclusive Service Suppliers 1. Each Party shall ensure that any monopoly supplier of a service in its territory ``` does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's specific commitments. ```text 2. Where a Party's monopoly supplier competes, either directly or through an ``` affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's Schedule of specific commitments, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. ```text 3. If a Party has reason to believe that a monopoly supplier of a service of the ``` other Party is acting in a manner inconsistent with paragraphs 1 or 2, it may request the other Party, that is the Party establishing, maintaining or authorising such supplier, to provide specific information concerning the relevant operations. ```text 4. The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect: (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among those suppliers in its territory. ARTICLE 8.13 Business Practices 1. The Parties recognise that certain business practices of service suppliers, other ``` than those falling under Article 8.12 (Monopolies and Exclusive Service Suppliers), may restrain competition and thereby restrict trade in services. ```text 2. A Party shall, at the request of the other Party (the “Requesting Party”), enter ``` into consultations with a view to eliminating practices referred to in paragraph 1. The Party addressed (the “Requested Party”) shall accord full and sympathetic consideration to such a request and shall cooperate through the supply of publicly available non-confidential information of relevance to the matter in question. The Requested Party shall also provide other information available to the Requesting 8-11 <!-- page break --> Party, subject to its domestic laws and to the conclusion of satisfactory agreement concerning the safeguarding of its confidentiality by the Requesting Party. ARTICLE 8.14 Safeguard Measures ```text 1. Each Party shall review the treatment of emergency safeguard measures taking into account the results of negotiations pursuant to Article X of the GATS. 2. In the event a Party is considering initiating an emergency safeguard ``` investigation pursuant to the results of the above referenced negotiations, a Party shall request consultations with the other Party. ARTICLE 8.15 Subsidies Each Party shall review the treatment of subsidies related to trade in services taking into account the development of the multilateral disciplines pursuant to paragraph 1 of Article XV of the GATS. ARTICLE 8.16 Payments and Transfers ```text 1. Except under the circumstances envisaged in Article 8.17 (Restrictions to ``` Safeguard the Balance of Payments), a Party shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments. ```text 2. Nothing in this Chapter shall affect the rights and obligations of the Parties as ``` members of the International Monetary Fund (IMF) under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments regarding such transactions, except under Article 8.17 (Restrictions to Safeguard the Balance of Payments) or at the request of the IMF. ARTICLE 8.17 Restrictions to Safeguard the Balance of Payments ```text 1. In the event of serious balance of payments and external financial difficulties or ``` threat thereof, a Party may adopt or maintain restrictions on trade in services in respect of which it has undertaken specific commitments, including on payments or transfers for transactions relating to such commitments. It is recognised that particular pressures on the balance-of-payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development. ```text 2. The restrictions referred to in paragraph 1 shall: (a) be applied in such a manner that the other Party is treated no less favourably than any country that is not a Party to this Agreement. 8-12 ``` <!-- page break --> ```text (b) be consistent with the Articles of Agreement of the IMF; (c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party; (d) not exceed those necessary to deal with the circumstances described in paragraph 1; and (e) be temporary and be phased out progressively as the situation specified in paragraph 1 improves. 3. In determining the incidence of such restrictions, the Parties may give priority ``` to the supply of services which are more essential to their economic or development programmes. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular service sector. ```text 4. Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be promptly notified to the other Party. 5. To the extent that it does not duplicate the process under WTO and IMF, the ``` Party adopting any restrictions under paragraph 1 shall, upon request by the other Party, commence consultations with the other Party in order to review the restrictions adopted by it. ARTICLE 8.18 Denial of Benefits ```text 1. A Party may deny the benefits of this Chapter: (a) to the supply of a service, if it establishes that the service is supplied from or in the territory of a non-Party; (b) to a service supplier that is a juridical person, if it establishes that it is not a service supplier of the other Party. (c) in the case of the supply of a maritime transport service, if it establishes that the service is supplied: (i) by a vessel registered under the laws of a non-Party, and (ii) by a person which operates and/or uses the vessel in whole or in part but which is of a non-Party; 2. Subject to prior notification and consultation, a Party may also deny the benefits ``` of this Chapter to the supply of a service from or in the territory of the other Party, if the Party establishes that the service is supplied by a service supplier that is owned or controlled by a person 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 service supplier. 8-13 <!-- page break --> ARTICLE 8.19 Movement of Natural Persons ```text 1. The rights and obligations of the Parties in respect of the movement of natural ``` persons of a Party supplying services shall be governed by the GATS Annex on Movement of Natural Persons Supplying Services, which is hereby incorporated into and form part of this Agreement. ```text 2. Annex 8D (Movement of Natural Persons Supplying Services) sets out further ``` rights and obligations regarding movement of natural persons of a Party supplying services. 8-14 <!-- page break --> ANNEX 8C Telecommunication Services (Referred to in Chapter 8) ARTICLE 1 Scope ```text 1. This Annex shall apply to measures affecting trade in telecommunications services. 2. This Annex shall apply subject to rules, regulations and licence conditions, as ``` applicable within the territory of each Party. For greater clarity, for provision of services covered under this Annex, a service supplier is required to obtain a license from the designated authority. ```text 3. This Annex shall not apply to measures affecting broadcasting services as defined in the laws and regulations of each Party. 4. Nothing in this Annex shall be construed: (a) to require a Party to authorise a service supplier of the other Party to establish, construct, acquire, lease, operate or supply telecommunications networks or services, other than as provided for in its Schedule of Specific Commitments in Annex 8A (for India) or Annex 8B (for the UAE); or (b) to require a Party (or to require a Party to oblige service suppliers in its Area) to establish, construct, acquire, lease, operate or supply telecommunications networks or services not offered to the public generally. ARTICLE 2 Definitions ``` For the purposes of this Annex: “cost-oriented rates” means rates based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services; “essential facilities” means facilities of a public telecommunications network or service that: ```text (a) are exclusively or predominantly provided by a single or limited number of suppliers; and (b) cannot feasibly be economically or technically substituted in order to provide a service; ``` “intra-corporate communications” means telecommunications through which a company communicates within the company or with or among its subsidiaries, branches and, subject to the laws and regulations of each Party, affiliates. For these Annex 8C-1 <!-- page break --> purposes, the terms “subsidiaries”, “branches” and, where applicable, “affiliates” shall be as defined by each Party. “Intra-corporate communications” in this Annex excludes commercial or non-commercial services that are supplied to companies that are not related subsidiaries, branches or affiliates, or that are offered to customers or potential customers; “interconnection” means linking with suppliers providing public telecommunications networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier; “leased circuits” means telecommunications facilities between two or more designated points which are set aside for the dedicated use of, or availability to, particular users; “major supplier” means a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of: ```text (a) control over essential facilities; or (b) use of its position in the market; ``` “non-discriminatory” means treatment no less favourable than that accorded to any other user of like public telecommunications networks or services under like circumstances; “public telecommunications network” means the public telecommunications infrastructure which permits telecommunications between and among defined network termination points, as provided for in the laws and regulations of each Party; “public telecommunications service”1 means any telecommunications service required, explicitly or in effect, by a Party to be offered to the public generally. Such services may include, inter alia, telegraph, telephone, telex, and data transmission typically involving the transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information, as provided for in the laws and regulations of each Party; “reference interconnection offer” means an interconnection offer extended by a major supplier and filed with or approved by a telecommunications regulatory body specifying rates, terms and conditions; “supplier of public telecommunications” means a licensed operator of a Party; “telecommunications dispute resolution body” means any body responsible for resolution of disputes concerning telecommunications; “telecommunications regulatory body” means any body responsible for the regulation of telecommunications; and 1 Such service should be provided by a licensed operator of a Party. Annex 8C-2 <!-- page break --> “users” means service consumers and service suppliers. ARTICLE 3 Access to and Use of Public Telecommunications Networks and Services ```text 1. Each Party shall ensure that any service supplier of the other Party is accorded ``` access to and use of public telecommunications networks and services on reasonable and non-discriminatory terms and conditions, for the supply of a service included in its Schedule of Specific Commitments in Annex 8A (for India) or Annex 8B (for the UAE). This obligation shall be applied, inter alia, through paragraphs 2 – 6. ```text 2. Each Party shall ensure that service suppliers of the other Party have access ``` to and use of any public telecommunications networks or services offered through suppliers of public telecommunications networks or services of the former Party, within or across the border of the former Party, including private leased circuits, and to this end shall ensure, subject to paragraphs 5 and 6, that such service suppliers are permitted: ```text (a) to purchase or lease and attach terminal or other equipment which interfaces with the public telecommunications network and which is necessary to supply a supplier's services; (b) to interconnect private leased or owned circuits with public telecommunications networks and services or with circuits leased or owned by another service supplier; (c) to use operating protocols of the service supplier's choice in the supply of any service, other than as necessary to ensure the availability of telecommunications networks and services to the public generally; and (d) to provide services to users over any leased or owned circuit(s) to the extent that the scope and type of such services are consistent with the laws and regulations of the Party. 3. Each Party shall ensure that service suppliers of the other Party may use public ``` telecommunications networks and services for the movement of information within and across borders, including for intra-corporate communications of such service suppliers, and for access to information contained in data bases or otherwise stored in machine-readable form in the Party. ```text 4. Notwithstanding paragraph 3, a Party may take such measures as are ``` necessary to ensure the security and confidentiality of messages or to protect the personal data of users, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. ```text 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks and services other than as necessary: (a) to safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their networks or services available to the public generally; Annex 8C-3 ``` <!-- page break --> ```text (b) to protect the technical integrity of public telecommunications networks or services; (c) to ensure that service suppliers of the other Party do not supply services unless permitted pursuant to commitments in the former Party’s Schedule of Specific Commitments in Annex 8A (for India) or Annex 8B (for the UAE); or (d) to ensure that such access to and use of public telecommunications networks and services shall not constitute a security and safety hazard and is not in contravention of any statute, rule or regulation (including those related to public policy of the Party) which are publicly available and applied without discrimination on the suppliers and users of services of similar categories. 6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and use of public telecommunications networks and services may include: (a) restrictions on resale or shared use of public telephone services; (b) a requirement to use specified technical interfaces, including interface protocols, for the interconnection with such networks and services; (c) requirements, where necessary, for the inter-operability of such services; (d) type approval of terminal or other equipment which interfaces with the network and technical requirements relating to the attachment of such equipment to such networks; (e) restrictions on interconnection of private leased or owned circuits with such networks or services or with circuits leased or owned by another service supplier; or (f) notification, registration and licensing. 7. Notwithstanding the preceding paragraphs, each Party may, consistent with its ``` level of development, place reasonable conditions on access to and use of public telecommunications networks and services necessary to strengthen its domestic telecommunications infrastructure and service capacity and to increase its participation in international trade in telecommunications services. Such conditions shall be specified in each Party’s Schedule of Specific Commitments in Annex 8A (for India) or Annex 8B (for the UAE). ARTICLE 4 Interconnection to be Ensured Each Party shall ensure interconnection between a supplier of public telecommunications networks or services and any other suppliers of public telecommunications networks or services to the extent provided for in its laws and regulations. ARTICLE 5 Annex 8C-4 <!-- page break --> Mobile Number Portability Each Party shall ensure that suppliers of public telecommunications networks or services in its Area provide number portability for mobile services designated by that Party on a timely basis and on reasonable terms and conditions. ARTICLE 6 Resale Each Party shall ensure that suppliers of public telecommunications networks or services in its Area do not impose unfair or discriminatory conditions or limitations on the provision of the resale services by suppliers of public telecommunications networks or services of the other Party. ARTICLE 7 Treatment by Major Suppliers ```text 1. Each Party shall ensure that any major supplier in its territory accords suppliers ``` of public telecommunications networks or services of the other Party treatment no less favourable than such major supplier accords in like circumstances to itself, its subsidiaries, its affiliates, or any non-affiliated service supplier regarding: ```text (a) the availability, provisioning, rates, or quality of like public telecommunications networks or services; and (b) the availability of technical interfaces necessary for interconnection. 2. Each Party shall monitor or assess such treatment referred to in paragraph 1 ``` on the basis of whether such suppliers of public telecommunications networks or services, its subsidiaries, its affiliates, and non-affiliated service suppliers are in like circumstances. ARTICLE 8 Competitive Safeguards ```text 1. Each Party shall, through its relevant authorities, maintain appropriate ``` measures for the purpose of preventing a major supplier from engaging in or continuing anti-competitive practices. ```text 2. For the purposes of paragraph 1, anti-competitive practices shall include: (a) engaging in anti-competitive cross-subsidisation; (b) using information obtained from competitors with anti-competitive results; and (c) not making available to suppliers of public telecommunications networks or services, on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services. ARTICLE 9 Annex 8C-5 ``` <!-- page break --> Interconnection with Major Suppliers ```text 1. Each Party shall ensure that a major supplier in its Area provides ``` interconnection with suppliers of public telecommunications networks or services of the other Party at any specified technically and commercially feasible point in the network. Such interconnection is provided: ```text (a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated suppliers of public telecommunications networks or services or of its subsidiaries or other affiliates; (b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, in a way that the service supplier need not pay for network components or facilities that it does not require for the services to be provided; and (c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities and mutually agreed terms and conditions. 2. Each Party shall endeavour to require the major suppliers in its Area to provide ``` suppliers of public telecommunications networks or services of the other Party, interconnection with the major suppliers’ unbundled network components or facilities for the provision of public telecommunications networks or services. ```text 3. Implementation of paragraph 2 may be determined by each Party, depending ``` upon the state of market conditions in the relevant markets as assessed by the Party in its Area. ```text 4. Nothing in the preceding paragraphs shall prevent either Party from taking such ``` measures as are necessary to protect the security of the networks in its Area subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. ```text 5. It shall be ensured that a major supplier is required to allow other suppliers of ``` public telecommunications networks or services who interconnect with the major supplier: ```text (a) to locate their equipment which is essential for interconnection at premises owned by the major supplier; or (b) to install their cables and lines which are essential for interconnection at premises, conduits, cable tunnels or telephone poles, owned by the major supplier, ``` where physically feasible and where no practical or viable alternatives exist, in order to interconnect smoothly with the essential facilities of the major supplier. Annex 8C-6 <!-- page break --> ```text 6. It shall be ensured that major suppliers are required to provide a reference interconnection offer for approval by the relevant regulatory authorities. 7. Each Party shall ensure that suppliers of public telecommunications networks ``` or services of the other Party may interconnect their facilities and equipment with those of major suppliers in its area on the basis of: ```text (a) a reference interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications networks or services; (b) the terms and conditions of an interconnection agreement. 8. Paragraphs 1, 2 and 5 through 7 are applied only to major suppliers that have control over essential facilities. 9. The procedures applicable for interconnection to a major supplier will be made publicly available. 10. It is ensured that a major supplier will make publicly available either its ``` interconnection agreements or a reference interconnection offer. 11. A supplier of public telecommunications networks or services of a Party requesting interconnection with a major supplier in the Area of the other Party shall have recourse, either: ```text (a) at any time; or (b) after a reasonable period of time which has been made publicly known, ``` to an independent domestic body in that other Party, which may be a telecommunications regulatory body or dispute resolution body, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously. ARTICLE 10 Provisioning of Leased Circuit Services ```text 1. Each Party shall ensure that a major supplier in its Area provides suppliers of ``` public telecommunications networks or services of the other Party with leased circuit services that are public telecommunications services on terms and conditions, and at rates, that are not unduly unfavourable or disadvantageous. ```text 2. Paragraph 1 shall be applied only to major suppliers that have control over ``` essential facilities. ARTICLE 11 Universal Service Annex 8C-7 <!-- page break --> Each Party shall administer any universal service obligation that it defines and maintains in a transparent, non-discriminatory, and competitively neutral manner. ARTICLE 12 Public Availability of Licensing Criteria ```text 1. Where a licence is required for the supply of a telecommunications service, a Party shall make publicly available: (a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and (b) the terms and conditions of individual licences. 2. The reasons for denial of a licence shall be made known to the applicant upon ``` request. ARTICLE 13 Independent Regulatory and Dispute Resolution Body ```text 1. Each Party shall ensure that its telecommunications regulatory body and ``` dispute resolution body are separate from, and not accountable to, any supplier of public telecommunications networks or services. ```text 2. Each Party shall ensure that the decisions of, and the procedures used by, its ``` telecommunications regulatory body and dispute resolution body are impartial with respect to all market participants. ARTICLE 14 Allocation and Use of Scarce Resources ```text 1. Each Party shall administer its procedures for the allocation and use of scarce ``` telecommunications resources, including frequencies, numbers and rights of way, in an objective, timely, transparent and non-discriminatory manner. ```text 2. Each Party shall make publicly available the current state of allocated frequency ``` bands but shall not be required to provide detailed identification of frequencies allocated for specific government uses. ```text 3. Each Party retains the right to exercise its spectrum and frequency ``` management policies, which may affect the number of suppliers of public telecommunications network or services, provided that it does so in a manner that is consistent with this Agreement. Each Party also retains the right to allocate frequency bands taking into account current and future needs. ARTICLE 15 Dispute Settlement and Appeal ```text 1. Each Party shall ensure that suppliers of public telecommunications networks ``` or services of the other Party have timely recourse to its telecommunications Annex 8C-8 <!-- page break --> regulatory body or dispute resolution body to resolve disputes in accordance with the laws and regulations of the former Party. ```text 2. Each Party shall ensure that any supplier of public telecommunications ``` network or services aggrieved by a determination or decision of the relevant telecommunications regulatory body has the opportunity to appeal such determination or decision to an independent judicial or administrative authority. ARTICLE 16 Transparency Each Party shall ensure that relevant information on conditions affecting access to and use of public telecommunications networks and services is publicly available, including: ```text (a) tariffs and other terms and conditions of service; (b) specifications of technical interfaces with such networks and services; (c) information on bodies responsible for the preparation and adoption of standards affecting such access and use; (d) conditions applying to attachment of terminal or other equipment; and (e) notifications, registration or licensing requirements, if any. ARTICLE 17 Submarine Cable Systems ``` Each Party shall endeavour to provide reasonable and non-discriminatory treatment for access to submarine cable systems (including landing facilities) in its territory, where a supplier is authorised to operate a submarine cable facility as a public telecommunications service. ARTICLE 18 Co-Location Each Party shall endeavour to ensure that a major supplier which has control over essential facilities in its territory allows suppliers of public telecommunications networks or services of the other Party to locate their equipment at the major supplier’s premises on a timely basis and on terms and conditions, including technical feasibility and space availability where applicable, and at rates, that are reasonable, non-discriminatory, and transparent. ARTICLE 19 Enforcement Each Party shall provide its competent authority with the authority to enforce the Party’s measures relating to the obligations set out in Article 4 (Interconnection to Annex 8C-9 <!-- page break --> be Ensured), Article 5 (Mobile Number Portability), Article 6 (Resale) and Article 7 (Treatment by Major Suppliers). That authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension or revocation of licences. ***

Annex 8C-10 <!-- page break --> ANNEX 8D Movement of Natural Persons Supplying Services (Referred to in Chapter 8) ARTICLE 1 Scope This Annex applies to measures by a Party affecting natural persons of the other Party covered by its Schedule of specific commitments. ARTICLE 2 Provision of Information ```text 1. In the application of Article 8.19 (Movement of Natural Persons) of this ``` Agreement, each Party shall make publicly available, or shall ensure that its competent authorities make publicly available, information necessary for an effective application for the grant of entry, temporary stay and work in its territory. Such information shall be kept updated. ```text 2. The information referred to in paragraph 1 shall include a description of, in particular: (a) all categories of visas and work permits relevant to the entry, temporary stay and work of natural persons covered by this Annex; (b) requirements and procedures for application for, and issuance of, first time entry, temporary stay and, where applicable, work permits, including information on documentation required, conditions to be met and method of filing; and (c) requirements and procedures for application for, and issuance of, renewed temporary stay and, where applicable, work permits. 3. Each Party shall provide the other Party with details of relevant publications or websites where information referred to in paragraph 2 is made available. 4. Should the implementation of paragraph 1 prove not to be practicable for a ``` Party, that Party shall provide the information referred to in paragraph 2, as well as any subsequent change thereto, to the other Party. In addition, that Party shall indicate to the other Party the contact details of an authority where service suppliers of the other Party can, upon request, obtain the information referred to under paragraph 2. ARTICLE 3 Expeditious Application Procedures ```text 1. The competent authorities of each Party shall process expeditiously ``` applications for granting entry, temporary stay or work permits submitted by service suppliers of the other Party, including applications for extensions thereof. Annex 8D-1 <!-- page break --> ```text 2. If the competent authorities of a Party require additional information from the ``` applicant in order to process its application, they shall notify the applicant without undue delay. ```text 3. Upon request by the applicant, the competent authorities of a Party shall provide, without undue delay, information concerning the status of its application. 4. The competent authorities of each Party shall notify the applicant for entry, ``` temporary stay or work permit of the outcome of its application without undue delay after a decision has been taken. The notification shall include the period of stay and any other terms and conditions. ***

Annex 8D-2 <!-- page break --> CHAPTER 9 DIGITAL TRADE ARTICLE 9.1 Definitions For the purposes of this Chapter: “authentication” means the process of verifying or testing an electronic statement/communication or claim, in order to establish a level of confidence in the statement’s or claim’s reliability and ensuring the integrity of an electronic communication; “customs duty” refers to any duty or charge of any kind imposed in connection with the importation of a product, but does not include any: (a) charge equivalent to an internal tax imposed in conformity with Article III of the GATT 1994; (b) anti-dumping or countervailing duty that is applied consistently with the provisions of Article VI of the GATT 1994, the Agreement on the Implementation of Article VI of the GATT 1994, and the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement; or (c) fee or other charge in connection with importation commensurate with the cost of services rendered in conformity with Article VIII of the GATT 1994; “digital or electronic signature” means data in digital or electronic form that is in, affixed to, or logically or cryptographically associated with, a digital or electronic document, and that may be used to identify or verify the signatory in relation to the digital or electronic document and indicate the signatory’s approval of the information contained in the digital or electronic document and is as per the legal/regulatory frameworks of the Party; “electronic transmission” or “transmitted electronically” means a transmission made using any electromagnetic means, including by photonic means; “open data” means non-proprietary information, including data made freely available to the public by the Government, which is machine readable, free to use, reuse, and redistribute; “personal data” means any information, including data, about or related to an identified or identifiable natural person, whether online or offline or any combination thereof and shall also include any inference drawn from such data for the purpose of profiling; and “unsolicited commercial electronic message” means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an 9-1 <!-- page break --> internet service supplier or, telecommunications service provider to the extent provided for under the laws and regulations of each Party. ARTICLE 9.2 Objectives ```text 1. The Parties recognise the economic growth and opportunity that digital trade ``` provides, the importance of avoiding barriers to its use and development, the importance of frameworks that promote consumer confidence in digital trade and the applicability of the WTO Agreement to measures affecting digital trade. ```text 2. The Parties seek to foster an environment conducive to the further ``` advancement of digital trade, including electronic commerce and the digital transformation of the global economy, by strengthening bilateral cooperation on these matters. ```text 3. The Parties seek to enhance cooperation towards the development of digital ``` trade bilaterally as well as globally. ARTICLE 9.3 General Provisions ```text 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) government procurement; (b) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection. 3. For greater certainty, the Parties affirm that measures affecting the supply of a ``` service or good performed or delivered electronically are subject to the relevant provisions of Chapter 2 (Trade in Goods), Chapter 8 (Trade in Services), and Chapter 12 (Investment and Trade), including any Annex, exceptions or limitations set out in this Agreement that are applicable to such provisions. In the event of any conflict between this Chapter and Chapter 2 (Trade in Goods), Chapter 8 (Trade in Services), and Chapter 12 (Investment and Trade), the provisions of those Chapters shall prevail. ```text 4. Neither Party shall have recourse to dispute settlement under Chapter 15 ``` (Dispute Settlement) for any matter arising under this Chapter. ARTICLE 9.4 Paperless Trading ```text 1. Each Party shall endeavour to: (a) make trade administration documents available to the public in digital or electronic form; and 9-2 ``` <!-- page break --> ```text (b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents. 2. Each Party shall endeavour to publish information on measures related to ``` paperless trading. ARTICLE 9.5 Domestic Electronic Transactions Framework ```text 1. Each Party shall endeavour to maintain a legal framework governing electronic ``` transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce (1996). ```text 2. Each Party shall endeavour to: (a) avoid any unnecessary regulatory burden on electronic transactions; and (b) facilitate input by interested persons in the development of its legal framework for electronic transactions, including in relation to trade documentation. ARTICLE 9.6 Authentication 1. Except in circumstances otherwise provided for under its law, a Party shall not ``` deny the legal validity of a signature solely on the basis that the signature is in digital or electronic form. ```text 2. Neither Party shall adopt or maintain measures regarding authentication that would: (a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category ``` of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its laws and regulatory frameworks. ```text 4. The Parties shall endeavour to mutually recognise digital or electronic ``` signatures in accordance with their laws and regulatory frameworks. 9-3 <!-- page break --> ARTICLE 9.7 Digital Identities Recognising that cooperation between the Parties on digital identities for natural persons and enterprises will promote connectivity and further growth of digital trade, and recognising that each Party may take different legal and technical approaches to digital identities, the Parties shall endeavour to pursue mechanisms to promote cooperation between their respective digital identity regimes. This may include: ```text (a) developing appropriate cooperation frameworks involving each Party’s implementation methods of digital identities; and (b) enhancing cooperation on understanding the legal and technical frameworks and implementation methodologies and endeavouring to cooperate in various international forums. ARTICLE 9.8 Online Consumer Protection 1. The Parties recognise the importance of adopting and maintaining transparent ``` and effective measures to protect consumers from misleading, deceptive and fraudulent commercial practices when they engage in digital trade. ```text 2. Each Party shall endeavour to adopt or maintain consumer protection laws to ``` proscribe misleading, deceptive and fraudulent commercial activities that cause harm or potential harm to consumers engaged in digital trade.1 3. The Parties recognise the importance of cooperation between their respective consumer protection authorities in order to enhance consumer protection. ```text 4. Each Party shall endeavour to publish information on the consumer protection it provides to consumers, including how: (a) consumers can pursue remedies; and (b) businesses can comply with any legal requirements. ARTICLE 9.9 Unsolicited Commercial Electronic Messages 1. Each Party shall endeavour to adopt or maintain measures regarding unsolicited commercial electronic messages that: (a) require a supplier of unsolicited commercial electronic messages to facilitate the ability of a recipient to prevent ongoing reception of those messages; ``` 1 For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as generally-applicable consumer protection laws or regulations or sector-or medium-specific laws or regulations regarding consumer protection. 9-4 <!-- page break --> ```text (b) require the consent, as specified in the laws and regulations of each Party, of recipients to receive commercial electronic messages; or (c) otherwise provide for the minimisation of unsolicited commercial electronic messages. 2. Each Party shall endeavour to provide recourse against a supplier of unsolicited ``` commercial electronic messages that does not comply with a measure adopted or maintained in accordance with paragraph 1. ```text 3. The Parties shall endeavour to cooperate in appropriate cases of mutual ``` concern regarding the regulation of unsolicited commercial electronic messages. ARTICLE 9.10 Personal Data Protection ```text 1. The Parties recognise the economic and social benefits of protecting the ``` personal data of persons who conduct or engage in electronic transactions and the contribution that this makes to enhancing consumer confidence in digital trade. ```text 2. To this end, each Party shall endeavour to adopt or maintain a legal framework ``` that provides for the protection of the personal data of the users of digital trade.2 In the development of any legal framework for the protection of personal data, each Party shall endeavour to take into account principles and guidelines of relevant international organisations. ```text 3. Each Party shall endeavour to publish information on the personal data protection it provides to users, including how: (a) individuals can pursue remedies; and (b) businesses can comply with any legal requirements. 4. The Parties shall endeavour to cooperate, to the extent possible, regarding the ``` protection of personal information or personal data transferred from a Party. ARTICLE 9.11 Cross-Border Flow of Information The Parties recognise the importance of the flow of information in facilitating trade, and acknowledge the importance of protecting personal data. As such, the Parties shall endeavour to promote electronic information flows across borders subject to their laws and regulatory frameworks. 2 For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as a comprehensive privacy, personal information or personal data protection laws, and sector-specific laws covering privacy. 9-5 <!-- page break --> ARTICLE 9.12 Open Data ```text 1. The Parties recognise that facilitating public access to and use of open data ``` contributes to stimulating economic and social welfare, competitiveness, productivity improvements and innovation. Each Party shall endeavour to ensure that such open data is allowed to be searched, retrieved, used, reused, and redistributed freely by the public, to the maximum extent possible, subject to its laws and regulations. ```text 2. The Parties shall endeavour to cooperate to identify ways in which each Party ``` can expand access to, and use of open data, with a view to enhancing and generating business, and research opportunities. ARTICLE 9.13 Digital Government ```text 1. The Parties recognise that technology can enable more efficient and agile ``` government operations, improve the quality and reliability of government services, and enable governments to better serve the needs of their citizens and other stakeholders. ```text 2. To this end, the Parties shall endeavour to develop and implement programs to ``` digitally transform their respective government operations and services, which may include: ```text (a) adopting open and inclusive government processes focusing on accessibility, transparency, and accountability in a manner that promotes digital inclusion and overcomes digital divides; (b) promoting cross-sectoral and inter-governmental coordination and collaboration on digital agenda issues; (c) shaping government processes, services and policies with digital inclusivity in mind; (d) promoting public digital platforms, digital public goods, and common digital enablers for efficient government service delivery; (e) leveraging emerging technologies to build capabilities to facilitate proactive responses to natural calamities, disasters, and crises; (f) leveraging artificial intelligence and other emerging technologies in government for the efficient planning, delivery and monitoring of public policies; (g) developing rules and ethical principles for the trustworthy and responsible use of emerging technologies; and (h) promoting initiatives to raise the level of digital capabilities and skills of both the populace and the government workforce. 9-6 ``` <!-- page break --> ```text 3. Recognising that the Parties can benefit by sharing their experiences with ``` digital government initiatives, the Parties shall endeavour to cooperate on activities relating to the digital transformation of government and government services, which may include: ```text (a) exchanging information and experiences on digital government programmes and policies; (b) sharing best practices on digital government and the digital delivery of government services; and (c) providing advice or training, including through exchange of officials, to assist the other Party in building digital government capacity. ARTICLE 9.14 Cooperation on Digital Products 1. The Parties shall cooperate to mutually promote each other’s digital products on the basis that: (a) such digital products are created, produced, published and stored in the territory of the other Party; and (b) the author, performer, producer or developer of such digital products is a person of the other Party. 2. Paragraph 1 is subject to relevant exceptions, limitations or reservations set out in this Agreement or its Annexes, if any. 3. This Article does not apply to measures affecting the electronic transmission of ``` a series of text, video, images, sound recordings, and other products scheduled by a content provider for audio and/or visual reception, and for which the content consumer has no choice over the scheduling of the series. ARTICLE 9.15 Customs Duties ```text 1. Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between the Parties. 2. For greater certainty, paragraph 1 shall not preclude a Party from imposing ``` internal taxes, fees or other charges on content transmitted digitally or electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement. ```text 3. Each Party may adjust its practice referred to in paragraphs 1 and 2 with respect ``` to any further outcomes in the WTO Decisions on customs duties on electronic transmission within the framework of the Work Programme on Electronic Commerce. 9-7 <!-- page break --> ARTICLE 9.16 Digital and Electronic Invoicing ```text 1. The Parties recognise the importance of digital and electronic invoicing to ``` increase the efficiency, accuracy and reliability of commercial transactions. Each Party also recognises the benefits of ensuring that the systems used for digital and electronic invoicing within its territory are in accordance with the legal and regulatory frameworks used in the other Party’s territory. ```text 2. Each Party shall endeavour to ensure that the implementation of cross-border ``` measures related to digital and electronic invoicing in its territory are based on international frameworks. ```text 3. The Parties recognise the economic importance of promoting the global ``` adoption of digital and electronic invoicing systems. including through international frameworks. To this end, the Parties shall endeavour to: (a) promote, encourage, support or facilitate the adoption of digital and electronic invoicing by enterprises; (b) promote the existence of policies, infrastructure and processes that support digital and electronic invoicing; (c) generate awareness of, and build capacity for, digital and electronic invoicing; and (d) share best practices and promote the adoption of international digital and electronic invoicing systems. ARTICLE 9.17 Digital and Electronic Payments Recognising the rapid growth of digital and electronic payments, in particular those provided by non-bank, non-financial institutions and financial technology enterprises, the Parties shall endeavour to support the development of efficient, safe and secure cross-border digital and electronic payments by: ```text (a) promoting interoperability and the interlinking of digital electronic payment infrastructures; (b) encouraging innovation and competition in digital and electronic payments services; (c) facilitate the use of open platforms and architectures such as tools and protocols provided for through Application Programming Interfaces (APIs) and encourage payment service providers to safely and securely make APIs for their products and services available to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and 9-8 ``` <!-- page break --> ```text (d) facilitate innovation and competition and the introduction of new financial and electronic payment products and services in a timely manner, such as through adopting regulatory and industry sandboxes. ARTICLE 9.18 ``` Principles on Access to and Use of the Internet for Digital Trade To support the development and growth of digital trade, each Party recognises that consumers in its territory should be able to: ```text (a) access and use services and applications of their choice, unless prohibited by the Party’s laws and regulatory framework; and (b) connect their choice of devices to the internet, provided that such devices do not harm the network and are not otherwise prohibited by the Party’s laws and regulatory frameworks. ARTICLE 9.19 Cyber Security ``` The Parties have a shared vision to promote secure digital trade and recognise that threats to cybersecurity undermine confidence in digital trade. Accordingly, the Parties recognise the importance of: ```text (a) building the capabilities of their appropriate competent authorities responsible for computer security incident response; including through exchange of best practices; (b) using existing collaboration mechanisms to further cooperate on matters that affect the cyber security of the digital infrastructure of the Parties with an aim to build safe and secure cyber space; and (c) promoting the development of a strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications. ARTICLE 9.20 Cooperation ``` Recognising the importance of digital trade to their collective economies, the Parties shall endeavour to maintain a dialogue on regulatory matters relating to digital trade with a view to sharing information and experiences, as appropriate, including on related laws, regulations and their implementation and best practices with respect to digital trade, including in relation to: ```text (a) online consumer protection; (b) personal data protection; (c) anti-money laundering and sanctions compliance for digital trade; (d) unsolicited commercial electronic messages; 9-9 ``` <!-- page break --> (e) authentication; (f) intellectual property concerns with respect to digital trade; (g) challenges for small and medium-sized enterprises in digital trade; (h) digital government; (i) digital identities; and (j) any other area mutually agreed by the Parties. 9-10 <!-- page break --> CHAPTER 10 GOVERNMENT PROCUREMENT ARTICLE 10.1 Definitions For the purposes of this Chapter: “construction service” means a service that has as its objective the realisation by whatever means of civil or building works, based on Division 51 and 52 of the United Nations Provisional Central Product Classification (CPC); “electronic reverse auction” means an online, real-time purchasing technique utilised by the procuring entity to select the successful supplier, which involves presentation by suppliers of successively more favourable bids during a scheduled period of time and automatic evaluation of bids; “in writing” or “written” means any worded or numbered expression that can be read, reproduced, and may be later communicated, and may include electronically transmitted and stored information; “limited tendering” means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice; “multi-use list” means a list of suppliers that a procuring entity has determined to satisfy the conditions for participation in that list, and that the procuring entity intends to use more than once; “notice of intended procurement” means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both; “open tendering” means a procurement method whereby all interested suppliers may submit a tender; “procuring entity” means an entity listed in Annex 10A (for India) or Annex 10B (for the UAE); “qualified supplier” means a supplier that a procuring entity recognises as having satisfied the conditions for participation; “selective tendering” means a procurement method whereby the procuring entity invites only qualified suppliers to submit a tender; “services” include construction services, unless specified otherwise; “supplier” means a person or group of persons that provides or could provide a good or service to a procuring entity; and “technical specification” means a tendering requirement prescribed by a covered entity that: 10-1 <!-- page break --> ```text (a) lays down the characteristics of goods or services to be procured, including quality, performance, safety, and dimensions, or the processes and methods for their production or provision; or (b) addresses terminology, symbols, packaging, marking, or labelling requirements, as they apply to a good or service. ARTICLE 10.2 General provisions 1. The Parties recognise the importance of government procurement in trade ``` relations and set as their objective the effective, reciprocal and gradual opening of their government procurement markets, in order to maximise, inter alia, competitive opportunities for the suppliers of the Parties. ```text 2. The Parties recognise the importance of government procurement as a tool in ``` furthering the expansion of domestic production and trade so as to promote growth and employment, with due consideration of the balance between optimum utilisation of resources and requirements. ```text 3. The Parties recognise that the commitments under this Chapter should be ``` sufficiently flexible to accommodate the specific circumstances and needs of each Party. ```text 4. The Parties recognise the importance of transparent measures regarding ``` government procurement, of carrying out procurements in a transparent and impartial manner and of avoiding conflicts of interest and corrupt practices, in accordance with applicable international instruments, such as the United Nations Convention Against Corruption. ARTICLE 10.3 Scope Application of Chapter ```text 1. This Chapter applies to any measure regarding covered procurement. 2. The provisions of this Chapter do not affect the rights and obligations provided for in Chapter 2 (Trade in Goods) and Chapter 8 (Trade in Services). 3. For the purposes of this Chapter, except when done with a view to commercial ``` sale or resale or for use in the production or supply of goods or services for commercial sale or resale, covered procurement means government procurement: ```text (a) of a good, service or any combination thereof as specified in each Party’s Schedule in Annex 10A (for India) or Annex 10B (for the UAE); (b) by any contractual means, including: purchase; rental or lease, with or without an option to buy; (c) for which the value, as estimated in accordance with paragraphs 7 and 8, equals or exceeds the relevant threshold specified in a Party’s 10-2 ``` <!-- page break --> Schedule under Annex 10A (for India) or Annex 10B (for the UAE), at the time of publication of a notice of intended procurement; ```text (d) by a procuring entity; and (e) that is not otherwise excluded from coverage under this Agreement. Activities Not Covered 4. Unless otherwise provided in a Party’s Schedule under Annex 10A (for India) or Annex 10B (for the UAE), this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party, including its procuring entities, provides, including cooperative agreements, grants, loans, equity infusions, guarantees, subsidies, fiscal incentives, and sponsorship arrangements; (c) the procurement or acquisition of: fiscal agency or depository services; liquidation and management services for regulated financial institutions; or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; or (e) procurement: (i) conducted for the specific purpose of providing international assistance, including development aid; (ii) funded under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Agreement; or (iii) conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project. Schedules 5. Each Party shall specify the following information in its Schedule under Annex 10A (for India) or Annex 10B (for the UAE): (a) in Section A, the central government entities for which procurement is covered by this Chapter; (b) in Section B, the services, other than construction services, covered by this Chapter; 10-3 ``` <!-- page break --> ```text (c) in Section C, the construction services covered by this Chapter; (d) in Section D, General Notes; (e) in Section E, Procurement Information. Compliance 6. Each Party shall ensure that its procuring entities comply with this Chapter in ``` conducting covered procurements. No procuring entity shall prepare or design a procurement, or otherwise structure or divide a procurement into separate procurements in any stage of the procurement, or use a particular method to estimate the value of a procurement, in order to avoid the obligations of this Chapter. Valuation ```text 7. In estimating the value of a procurement for the purposes of ascertaining ``` whether it is a covered procurement, a procuring entity shall include the estimated maximum total value of the procurement over its entire duration, taking into account: ```text (a) all forms of remuneration, including any premium, fee, commission, interest or other revenue stream that may be provided for under the contract such as taxes, duties, logistical support, financing cost, staff, remuneration rates; (b) the value of any option clause; and (c) any contract awarded at the same time or over a given period to one or more suppliers under the same procurement. 8. If the total estimated maximum value of a procurement over its entire duration ``` is not known, the procurement shall be deemed a covered procurement, unless otherwise excluded under this Agreement. ARTICLE 10.4 Exceptions ```text 1. Nothing in this Chapter shall be construed to prevent any Party from taking any ``` action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes. ```text 2. For the purpose of this Chapter, Article XX of the GATT 1994 and its ``` interpretative note shall apply mutatis mutandis to the procurement of goods, and Article XIV of the GATS including its footnotes shall apply mutatis mutandis to the procurement of services. ```text 3. Additionally, subject to the requirement that the measure is not applied in a ``` manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail, or a disguised restriction on international trade between the Parties, nothing in this Chapter shall be construed to 10-4 <!-- page break --> prevent a Party, including its procuring entities, from adopting or maintaining a measure relating to the good or service of a person with disabilities, of philanthropic or not-for-profit institutions, or of prison labour. ARTICLE 10.5 General Principles National Treatment and Non-Discrimination ```text 1. With respect to any measure regarding covered procurement, unless otherwise ``` specified in this Chapter, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party, treatment no less favourable than the treatment that the Party, including its procuring entities, accords to domestic goods, services, and suppliers. ```text 2. With respect to a measure regarding covered procurement, no Party, including its procuring entities, shall: (a) treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign affiliation to or ownership by a person of the other Party; or (b) discriminate against a locally established supplier on the basis that the good or service offered by that supplier for a particular procurement is a good or service of the other Party. 3. All purchase orders under contracts awarded for covered procurement shall be ``` subject to paragraphs 1 and 2. Procurement Methods ```text 4. A procuring entity shall use an open tendering procedure for covered ``` procurement unless Article 10.9 (Qualification of Suppliers) or Article 10.11 (Limited Tendering) applies. Rules of Origin ```text 5. For the purposes of covered procurement, a Party shall not apply rules of origin ``` to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party agreed to in Chapter 3 (Rules of Origin) of this Agreement. For those goods not incorporated in Chapter 3 (Rules of Origin), the relevant rules of origin in the laws and regulations of the Parties shall apply. Measures Not Specific to Procurement ```text 6. Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind ``` imposed on or in connection with importation, the method of levying such duties and charges, other import regulations or formalities, and measures affecting trade in services other than measures governing covered procurement. 10-5 <!-- page break --> Use of Electronic Means ```text 7. The Parties shall endeavour, within the context of their commitment, to promote electronic commerce with the view to providing opportunities for e-procurement. 8. When conducting covered procurement by electronic means, a procuring entity shall: (a) ensure that the procurement is conducted using financial systems, information technology systems, and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available financial systems, information technology systems, and software; and (b) establish and maintain mechanisms that ensure the integrity of information which provide opportunities to suppliers, including requests for participation in tenders. ARTICLE 10.6 Publication of Procurement Information 1. Each Party shall promptly publish any measure of general application relating to covered procurement, and any change or addition to this information. 2. Each Party shall list in Section E of its Schedule under Annex 10A (for India) or ``` Annex 10B (for the UAE) the paper or electronic means through which the Party publishes the information described in paragraph 1 and the notices required by Article 10.7 (Notices of Intended Procurement), paragraph 3 of Article 10.9 (Qualification of Suppliers), and paragraph 3 of Article 10.17 (Transparency and Post-Award Information). ```text 3. Each Party shall, on request, provide an explanation in response to an inquiry ``` relating to the information referred to in paragraph 1. ARTICLE 10.7 Notices of Intended Procurement ```text 1. For each covered procurement, except in the circumstances described in Article ``` 10.11 (Limited Tendering), a procuring entity shall publish a notice of intended procurement through the appropriate paper or electronic means listed in Annex 10A (for India) or Annex 10B (for the UAE). The notices shall remain readily accessible to the public until at least the expiration of the time period for responding to the notice or the deadline for submission of the tender. ```text 2. The notices shall, if accessible by electronic means, be provided free of charge ``` for central government entities that are covered under Annex 10A (for India) or Annex 10B (for the UAE), through a single point of access or through links in a single electronic portal. ```text 3. Unless otherwise provided in this Chapter, each notice of intended procurement ``` shall include the following information, unless that information is provided in the tender 10-6 <!-- page break --> documentation that is made available free of charge to all interested suppliers at the same time as the notice of intended procurement: ```text (a) the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and the cost and terms of payment to obtain the relevant documents, if any; (b) a description of the procurement, including, if appropriate, the nature and quantity of the goods or services to be procured and a description of any options, or the estimated quantity if the quantity is not known; (c) if applicable, the time-frame for delivery of goods or services or the duration of the contract; (d) if applicable, the address and any final date for the submission of requests for participation in the procurement; (e) the address and the final date for the submission of tenders; (f) the language or languages in which tenders or requests for participation may be submitted, if other than an official language of the Party of the procuring entity; (g) a list and a brief description of any conditions for participation of suppliers, that may include any related requirements for specific documents or certifications that suppliers must provide; (h) if, pursuant to Article 10.9 (Qualification of Suppliers), a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, if applicable, any limitation on the number of suppliers that will be permitted to tender; (i) if, pursuant to Article 10.10 (Electronic Reverse Auction), a procuring entity intends to use an electronic reverse auction, all conditions, including the date and time of the auction, rules for participation, valid bid increments, how to bid, and whether the auction is divided into successive phases; technical information needed to participate in the auction; the relevant information concerning the electronic equipment used; and the arrangements and technical specifications for connection; and (j) an indication that the procurement is covered by this Chapter. 4. For greater certainty, paragraph 3 does not preclude a Party from charging a ``` fee for tender documentation if the notice of intended procurement includes all of the information set out in paragraph 3. 10-7 <!-- page break --> Notice of Planned Procurement ```text 5. Each Party shall encourage its procuring entities to publish, as early as possible ``` in the fiscal year, information regarding the entities’ indicative procurement plans in the e-procurement portal. ARTICLE 10.8 Conditions for Participation ```text 1. A procuring entity shall limit any conditions for participation in a covered ``` procurement to those conditions that ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to fulfil the requirements of that procurement. ```text 2. A procuring entity shall ensure that all conditions of participation and exclusion of suppliers are present in the tender documentation. 3. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party; and (b) may require relevant prior experience if essential to meet the requirements of the procurement. 4. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall: (a) evaluate the financial capacity and the commercial and technical abilities of a supplier; (b) base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 5. If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or actions or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes. 10-8 ``` <!-- page break --> ARTICLE 10.9 Qualification of Suppliers Registration Systems and Qualification Procedures ```text 1. A Party, including its procuring entities, may maintain a supplier registration ``` system under which interested suppliers are required to register and provide certain information and documentation. ```text 2. No Party, including its procuring entities, shall adopt or apply any registration ``` system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement. Selective Tendering ```text 3. If a procuring entity intends to use selective tendering, the procuring entity shall: (a) publish a notice of intended procurement that invites qualified suppliers to submit a request for participation in a covered procurement; and (b) include in the notice of intended procurement the information specified in subparagraphs 3(a), (b), (d), (g), (h), (i) and (j) of Article 10.7 (Notices of Intended Procurement). 4. The procuring entity shall: (a) publish the notice sufficiently in advance of the procurement to allow interested suppliers to request participation in the procurement; (b) provide, by the commencement of the time period for tendering, at least the information in subparagraphs 3(c), (e), and (f) of Article 10.7 (Notices of Intended Procurement) to the qualified suppliers that it notifies as specified in Article 10.15 (Time Periods); and (c) allow all qualified suppliers to submit a tender, unless the procuring entity stated in the notice of intended procurement a limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers. 5. If the tender documentation is not made publicly available from the date of ``` publication of the notice referred to in paragraph 3, the procuring entity shall ensure that the tender documentation is made available at the same time to all the qualified suppliers selected in accordance with subparagraph 4(c). Multi-Use Lists ```text 6. A Party, including its procuring entities, may establish or maintain a multi-use ``` list, provided that it publishes annually, or otherwise makes continuously available by electronic means, a notice inviting interested suppliers to apply for inclusion in the list. The notice shall include: 10-9 <!-- page break --> ```text (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the conditions for participation to be satisfied by suppliers for inclusion in the list and the methods that the procuring entity or other government agency will use to verify a supplier’s satisfaction of those conditions; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain all relevant documents relating to the list; (d) the period of validity of the list and the means for its renewal or termination or, if the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list; (e) the deadline for submission of applications for inclusion in the list, if applicable; and (f) an indication that the list may be used for procurement covered by this Chapter, unless that indication is publicly available through information published pursuant to paragraph 2 of Article 10.6 (Publication of Procurement Information). 7. A Party, including its procuring entities, that establishes or maintains a multi- ``` use list, shall include in the list, within a reasonable period of time, all suppliers that satisfy the conditions for participation set out in the notice referred to in paragraph 6. ```text 8. If a supplier that is not included in a multi-use list submits a request for ``` participation in a procurement based on the multi-use list and submits all required documents, within the time period provided for in Article 10.15 (Time Periods), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement unless the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders. Information on Procuring Entity Decisions ```text 9. A procuring entity or other entity of a Party shall promptly inform any supplier ``` that submits a request for participation in a procurement or application for inclusion in a multi-use list of the decision with respect to the request or application. ```text 10. If a procuring entity or other entity of a Party rejects a supplier’s request for ``` participation or application for inclusion in a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and on request of the supplier, promptly provide the supplier with a written explanation of the reason for its decision. ARTICLE 10.10 Electronic Reverse Auction ```text 1. A procuring entity may use electronic reverse auctions only under the following ``` circumstances: 10-10 <!-- page break --> ```text (a) it is feasible for the procuring entity to formulate a detailed description of the subject matter of the procurement; (b) there is a competitive market of bidders anticipated to be qualified to participate in the electronic reverse auction, so that effective competition is ensured; and (c) the sole criterion to be used by the procuring entity in determining the successful bid is price. 2. If a procuring entity intends to use electronic reverse auctions, the procuring entity shall: (a) solicit bids through an invitation to the electronic reverse auction to be published or communicated; and (b) include in the invitation details relating to access to and registration for the auction, opening and closing of the auction, and norms for conduct of the auction. ARTICLE 10.11 Limited Tendering 1. Subject to paragraph 2 and provided that it does not use this provision to protect ``` domestic suppliers, or in a manner that discriminates against suppliers of the other Party, a procuring entity may use limited tendering. ```text 2. If a procuring entity uses limited tendering, it may choose, according to the ``` nature of the procurement, not to apply Article 10.7 (Notices of Intended Procurement), Article 10.8 (Conditions for Participation), Article 10.9 (Qualification of Suppliers), Article 10.12 (Negotiations), Article 10.13 (Technical Specifications), Article 10.14 (Tender Documentation), Article 10.15 (Time Periods), or Article 10.16 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: ```text (a) if, in response to a prior notice, invitation to participate, or invitation to tender: (i) no tenders were submitted or no suppliers requested participation, (ii) no tenders were submitted that conform to the essential requirements in the tender documentation, (iii) no suppliers satisfied the conditions for participation, or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; 10-11 ``` <!-- page break --> (b) if the good or service can be supplied only by particular supplier(s) and no reasonable alternative or substitute good or service exists for any of the following reasons: ```text (i) the requirement is for a work of art, (ii) the protection of patents, copyrights, or other exclusive rights, or ``` (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier or its authorised agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: ```text (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement, or due to conditions under original supplier warranties, and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; ``` (d) if a procuring entity procures a prototype or a first good or service that is intended for limited trial or that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. Original development of a prototype or a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the prototype or the first good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (e) if additional services that were not included in the initial contract conducted through methods other than limited tendering, but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional services may not exceed fifty percent (50%) of the value of the initial contract, except in rare situations; (f) for new services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded and for which the entity has indicated in the notice of intended procurement concerning the initial service that limited tendering procedures might be used in awarding contracts for such new services; 10-12 <!-- page break --> ```text (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy, or receivership, but not for routine purchases from regular suppliers; (h) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised in a manner that is consistent with this Chapter, and (ii) the contest is judged by an independent jury with a view to award design contract to the winner; or (iii) in so far as is necessary if, for reasons of urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity ``` shall maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering. ARTICLE 10.12 Negotiations ```text 1. A Party may provide for its procuring entities to conduct negotiations in the context of covered procurement if: (a) the procuring entity has indicated its intent to conduct negotiations in the notice of intended procurement required under Article 10.7 (Notices of Intended Procurement); (b) it appears from the evaluation that no tender is obviously the most advantageous in terms of the specific technical evaluation criteria set out in the notice of intended procurement or tender documentation; (c) there is a need to clarify the terms and conditions; (d) all bids exceed the allocated prices provided for in the procuring entity’s budget; (e) there is a need for consultation with the supplier who submitted the tender with the lowest price. 2. A procuring entity shall ensure that any elimination of suppliers participating in ``` negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation. 10-13 <!-- page break --> ARTICLE 10.13 Technical Specifications ```text 1. A procuring entity shall not prepare, adopt, or apply any technical specification ``` or prescribe any conformity assessment procedure with the purpose or effect of creating an unnecessary obstacle to trade between the Parties. ```text 2. In prescribing the technical specifications for the good or service being procured, a procuring entity shall, where it deems appropriate: (a) set out the technical specifications in terms of performance and functional requirements, as far as possible, rather than design or descriptive characteristics; and (b) base the technical specifications on international standards or on national technical regulations, national standards, or building codes, where applicable, in conformity with the Party’s laws and regulations. 3. A procuring entity shall not prescribe technical specifications that require or ``` refer to a particular trademark, trade name, brand or copyright, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in these cases, the procuring entity includes words such as “or equivalent” in the tender documentation. ```text 4. A procuring entity shall not seek or accept, in a manner that would have the ``` effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement. ```text 5. For greater certainty, this Article is not intended to preclude a procuring entity ``` from preparing, adopting, or applying technical specifications to promote the conservation of natural resources or the protection of the environment. ```text 6. For greater certainty, this Chapter is not intended to preclude a Party, or its ``` procuring entities, from preparing, adopting, or applying technical specifications required to protect sensitive government information, including specifications that may affect or limit the storage, hosting, or processing of such information outside the territory of the Party. ARTICLE 10.14 Tender Documentation ```text 1. A procuring entity shall promptly make available or provide on request to any ``` interested supplier tender documentation that includes all information necessary to permit the supplier to prepare and submit a responsive tender. Unless already provided in the notice of intended procurement, that tender documentation shall include a complete description of: ```text (a) the procurement, including the nature, scope and, if known, the quantity of the good or service to be procured or, if the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any 10-14 ``` <!-- page break --> technical specifications, conformity certification, plans, drawings, or instructional materials; ```text (b) any conditions for participation, including any financial guarantees, information, and documents that suppliers are required to submit; (c) all criteria to be considered in the awarding of the contract and the relative importance of those criteria; (d) if there will be a public opening of tenders, the date, time, and place for the opening; (e) any date for delivery of a good or supply of a service; and (f) any other terms or conditions relevant to the evaluation of tenders. 2. To the extent possible and subject to any applicable fees, an entity should make ``` relevant tender documentation publicly available through electronic means or a computer-based telecommunications network openly accessible to all suppliers. ```text 3. In establishing any date for the delivery of a good or the supply of a service ``` being procured, a procuring entity shall take into account factors such as the complexity of the procurement. ```text 4. A procuring entity shall promptly reply to any reasonable request for relevant ``` information by an interested or participating supplier, provided that the information does not give that supplier an advantage over other suppliers. Modifications ```text 5. If, prior to the award of a contract, a procuring entity modifies the evaluation ``` criteria or requirements set out in a notice of intended procurement or tender documentation provided to a participating supplier, or amends, or re-issues a notice or tender documentation which affects the terms contained therein, it shall publish or provide those modifications, or the amended or re-issued notice or tender documentation: ```text (a) to all suppliers that are participating in the procurement at the time of the modification, amendment, or re-issuance, if those suppliers are known to the procuring entity issuing the tender notice for that specific procurement, and in all other cases, in the same manner as the original information was made available; and (b) in adequate time to allow those suppliers to modify and re-submit their initial tender, if appropriate. ARTICLE 10.15 Time Periods 1. A procuring entity shall, consistent with its own reasonable needs, provide ``` sufficient time for a supplier to prepare and submit a request for participation and responsive tender, taking into account factors such as: 10-15 <!-- page break --> ```text (a) the nature and complexity of the procurement; (b) the extent of subcontracting anticipated; and (c) the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points where electronic means are not used. ``` Such time periods, including any extension of the time-periods, shall be the same for all interested or participating suppliers. ```text 2. The time period for procurement shall be in accordance with each Party’s laws ``` and regulations. ARTICLE 10.16 Treatment of Tenders and Awarding of Contracts Treatment of Tenders ```text 1. A procuring entity shall receive, open and treat all tenders under procedures ``` that guarantee the fairness and impartiality of the procurement process and the confidentiality of tenders. ```text 2. If the tender of a supplier is received after the time specified for receiving ``` tenders, the procuring entity shall not penalise that supplier if the delay is due solely to the mishandling on the part of the procuring entity. ```text 3. A procuring entity shall not discriminate between the participating suppliers in ``` providing an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract. Awarding of Contracts ```text 4. To be considered for an award, a tender shall be submitted in writing and shall, ``` at the time of opening, comply with the essential requirements set out in the notice and tender documentation and submitted by a supplier who satisfies the conditions for participation. ```text 5. Unless a procuring entity determines that it is not in the public interest to award ``` a contract, it shall award the contract to the supplier that the procuring entity has determined to be fully capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notice and tender documentation, submits: ```text (a) the most advantageous tender; or (b) if price is the sole criterion, the lowest price. 6. If a procuring entity receives a tender with a price that is abnormally lower than ``` the prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for participation and is capable of fulfilling the terms of the contract. If the procuring entity determines that the bidder has substantially failed to demonstrate its 10-16 <!-- page break --> capability to deliver the contract at the offered price, the procuring entity may reject the tender. ```text 7. A procuring entity shall not use options, cancel a covered procurement, or ``` modify or terminate awarded contracts in order to avoid the obligations of this Chapter. ARTICLE 10.17 Transparency and Post-Award Information Information Provided to Suppliers ```text 1. A procuring entity shall promptly inform suppliers that have submitted a tender ``` of the contract award decision. The procuring entity may do so in writing or through the prompt publication of a notice, provided that the notice includes the date of award. If a supplier has requested the information in writing, the procuring entity shall provide it in writing. ```text 2. Subject to Article 10.18 (Disclosure of Information), a procuring entity should ``` keep a provision in the tender document to enable an unsuccessful supplier to request an explanation for its rejection. The procuring entity shall disclose the reasons for rejection where an explanation is sought by the unsuccessful supplier. Maintenance of Records ```text 3. A procuring entity shall maintain the documentation and records relating to ``` tendering procedures and contract awards for covered procurement, including the records provided for in paragraph 3 of Article 10.11 (Limited Tendering), for at least three (3) years after the award of a contract. ARTICLE 10.18 Disclosure of Information Provision of Information to Parties ```text 1. On request of the other Party, a Party shall provide promptly information ``` necessary to demonstrate whether a procurement was conducted fairly, impartially and in accordance with this Chapter, including, if applicable, information on the characteristics and relative advantages of the successful tender, without disclosing confidential information. The Party that receives the information shall not disclose it to any supplier, except after consulting with, and obtaining the agreement of, the Party that provided the information. Non-Disclosure of Information ```text 2. Notwithstanding any other provision of this Chapter, a Party, including its ``` procuring entities, shall not, except to the extent required by any law, rule, regulation, procedure or practice of a Party or with the written authorisation of the supplier that provided the information, disclose information that would prejudice legitimate commercial interests of a particular supplier or that might prejudice fair competition between suppliers. 10-17 <!-- page break --> ```text 3. Nothing in this Chapter shall be construed to require a Party, including its ``` procuring entities, authorities, and review bodies, to disclose confidential information if that disclosure: ```text (a) would impede law enforcement; (b) might prejudice fair competition between suppliers; (c) would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; (d) would be contrary to the public interest; or (e) would affect the security interests of a Party; 4. Article 1.8 (Confidential Information) shall not apply to this Chapter. ARTICLE 10.19 Ensuring Integrity in Procurement Practices ``` Each Party shall ensure that criminal or administrative measures exist to address corruption in its government procurement. These measures may include procedures to render ineligible for participation in the Party’s procurements, either indefinitely or for a stated period of time, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions in relation to government procurement in the Party’s territory. Each Party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement. ARTICLE 10.20 Domestic Review ```text 1. Each Party shall maintain, establish, or designate at least one impartial ``` administrative or judicial authority (review authority) that is independent of its procuring entities to review, in a non-discriminatory, timely, transparent, and effective manner, a challenge or complaint by a supplier that there has been: ```text (a) a breach of this Chapter; or (b) a failure of a procuring entity to comply with the Party’s measures implementing this Chapter, in cases where the supplier does not have a right to directly challenge a breach of this Chapter under the law of the Party; ``` arising in the context of a covered procurement, in which the supplier has, or had, an interest. The procedural rules for these complaints shall be in writing and made generally available. ```text 2. In the event of a complaint by a supplier, arising in the context of covered ``` procurement in which the supplier has, or had, an interest, that there has been a breach or a failure as referred to in paragraph 1, the Party of the procuring entity 10-18 <!-- page break --> conducting the procurement shall encourage, if appropriate, the procuring entity and the supplier to seek resolution of the complaint through consultations. The procuring entity shall accord impartial and timely consideration to the complaint in a manner that is not prejudicial to the supplier’s participation in ongoing or future procurement or to its right to seek corrective measures under the administrative or judicial review procedure. ```text 3. If a body other than the review authority initially reviews a complaint, a Party ``` shall ensure that the supplier may appeal the initial decision to the review authority that is independent of the procuring entity that is the subject of the complaint. ```text 4. If the review authority has determined that there has been a breach or a failure ``` as referred to in paragraph 1, a Party may limit compensation for the loss or damages suffered to either the costs reasonably incurred in the preparation of the tender or in bringing the complaint, or both. ```text 5. Each Party shall ensure that, if the review authority is not a court, its review procedures are conducted in accordance with the following procedures: (a) a supplier shall be allowed sufficient time to prepare and submit a complaint in writing, which in no case shall be less than ten (10) days from the time when the basis of the complaint became known or reasonably should have become known to the supplier; (b) a procuring entity shall respond in writing to a supplier’s complaint and provide all relevant documents to the review authority; (c) a supplier that initiates a complaint shall be provided an opportunity to reply to the procuring entity’s response before the review authority takes a decision on the complaint; and (d) the review authority shall provide its decision on a supplier’s complaint in a timely manner, in writing, with an explanation of the basis for the decision. 6. Each Party shall adopt or maintain procedures that provide for: (a) prompt interim measures, pending the resolution of a complaint, to preserve the supplier’s opportunity to participate in the procurement and to ensure that the procuring entities of the Party comply with its measures implementing this Chapter; and (b) corrective action that may include compensation under paragraph 4. ``` The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether those measures should be applied. Just cause for not acting shall be provided in writing. 10-19 <!-- page break --> ARTICLE 10.21 Modifications and Rectifications of Annex ```text 1. A Party shall notify any proposed modification or rectification (modification) to ``` its Schedule under Annex 10A (for India) or Annex 10B (for the UAE) by circulating a notice in writing to the other Party through the Joint Committee. A Party shall provide compensatory adjustments for a change in coverage if necessary to maintain a level of coverage comparable to the coverage that existed prior to the modification. The Party may include the offer of compensatory adjustment in its notice. ```text 2. A Party is not required to provide compensatory adjustments to the other Party if the proposed modification concerns one of the following: (a) a procuring entity over which the Party has effectively eliminated its control or influence in respect of covered procurement by that procuring entity; or (b) rectifications of a purely formal nature and minor modifications to its Schedule under Annex 10A (for India) or Annex 10B (for the UAE), such as: (i) changes in the name of a procuring entity, (ii) the merger of one or more procuring entities listed in its Schedule, (iii) the separation of a procuring entity listed in its Schedule into two or more procuring entities that are all added to the procuring entities listed in the same Section of the Annex, or (iv) changes in website references, ``` and the other Party does not object under paragraph 3 on the basis that the proposed modification does not concern subparagraph (a) or (b). ```text 3. If a Party considers that its rights under this Chapter are affected by a proposed ``` modification that is notified under paragraph 1, it shall notify the other Party of any objection to the proposed modification within forty-five (45) days of the date of circulation of the notice. ```text 4. If a Party objects to a proposed modification, including a modification regarding ``` a procuring entity on the basis that government control or influence over the entity’s covered procurement has been effectively eliminated, that Party may request additional information, including information on the nature of any government control or influence, with a view to clarifying and reaching agreement on the proposed modification, including the procuring entity’s continued coverage under this Chapter. The modifying Party and the objecting Party shall make every attempt to resolve the objection through consultations. If the Parties are unable to resolve the objection through consultations, the objecting Party may make an appropriate compensatory 10-20 <!-- page break --> adjustment to its coverage to maintain a level of coverage comparable to that existing prior to the modification.1 ```text 5. The Joint Committee shall modify Annex 10A (for India) or Annex 10B (for the ``` UAE) to reflect any agreed modification. ARTICLE 10.22 Facilitation of Participation by Micro, Small and Medium Enterprises (MSMEs) 1. The Parties recognise the important contribution that MSMEs can make to economic growth and employment and the importance of facilitating the participation of MSMEs in government procurement. ```text 2. If a Party maintains a measure that provides preferential treatment for its ``` MSMEs, the Party shall ensure that the measure, including the criteria for eligibility, is transparent. ```text 3. To facilitate participation by MSMEs in covered procurement, each Party shall, to the extent possible and if appropriate: (a) provide comprehensive procurement-related information that includes a definition of MSMEs in a single electronic portal; (b) endeavour to make all tender documentation available free of charge; (c) conduct procurement by electronic means or through other new information and communication technologies; and (d) consider the size, design, and structure of the procurement, including the use of subcontracting by MSMEs. ``` 4. Each Party reserves the right to apply a preferential procurement policy for its MSMEs in accordance with its laws and regulations. ARTICLE 10.23 Financial Obligations ```text 1. This Chapter does not entail any financial obligations to the Parties. 2. Each Party is responsible for any financial expenses incurred to fulfil its role ``` under this Chapter. ARTICLE 10.24 Language To improve market access to each Party’s procurement market, each Party shall, where possible, use the English language in its publication of materials or information pursuant to Article 10.6 (Publication of Procurement Information), 1For greater certainty, the objecting Party shall not make a compensatory adjustment for the modifications described in paragraph 2. 10-21 <!-- page break --> including in the publications listed in Section E of each Party’s Schedule under Annex 10A (for India) and Annex 10B (for the UAE). ARTICLE 10.25 Dispute Settlement Mechanism Chapter 15 (Dispute Settlement) shall not apply to this Chapter. The non-application of Chapter 15 (Dispute Settlement) shall be subject to review after three (3) years from the date of the entry into force of this Agreement. In the course of the review, Parties shall give due consideration to the application of Chapter 15 (Dispute Settlement) to either the whole or part(s) of this Chapter. Such a review shall be completed within four (4) years from the date of the entry into force of this Agreement. 10-22 <!-- page break --> ANNEX 10A Schedule of India (Referred to in Chapter 10) Section A: I. Central Government Entities covered by the provisions of this Chapter Thresholds: Chapter 10 only covers procurement by entities listed in this Section, in accordance with the following thresholds: ```text All Goods Threshold: [SDR 20,000,000] All Services Threshold: [SDR 20,000,000] All Construction Services Threshold: [SDR 20,000,000] ``` II. List of Central Government Entities This Chapter only covers the procuring entities listed below. ```text 1. Ministry of Finance 2. Department of Economic Affairs 3. Department of Expenditure 4. Department of Revenue 5. Department of Investment and Public Asset Management (DIPAM) 6. Department of Financial Services 7. Ministry of Commerce and Industry 8. Department of Commerce 9. Department of Promotion of Industry and Internal Trade ``` 10. Ministry of External Affairs 11. Ministry of Health and Family Affairs 12. Department of Health and Family Welfare 13. Ministry of Ayush 14. Ministry of Education 15. Department of School Education and Literacy 16. Department of Higher Education 17. Ministry of Law and Justice 18. Department of Legal Affairs 19. Legislative Department 20. Department of Justice 21. Ministry of Environment, Forest and Climate Change 22. Ministry of Culture 23. Ministry of New and Renewable Energy Annex 10A-1 <!-- page break --> ```text 24. Ministry of Power 25. Ministry of Housing and Urban Affairs 26. Ministry of Youth Affairs and Sports 27. Department of Youth Affairs 28. Department of Sports 29. Ministry of Skill Development and Entrepreneurship 30. Ministry of Social Justice and Empowerment 31. Department of Social Justice and Empowerment 32. Department of Empowerment of Persons with Disabilities 33. Ministry of Tourism 34. Ministry of Women and Child Development ``` Section B: Services, other than construction services, covered by this Chapter Chapter 10 (Government Procurement) covers all services listed in India’s Schedule of specific commitments provided for under Chapter 8 (Trade in Services). Section C: Construction Services covered by this Chapter Chapter 10 (Government Procurement) covers all construction services listed in India’s Schedule of specific commitments provided for under Chapter 8 (Trade in Services). Note to Section B and C: The procurement for services, including construction services, is subject to the limitations and conditions specified in India’s Schedule of specific commitments provided for under Chapter 8 (Trade in Services). Section D: General Notes This Chapter shall not apply to the following: ```text 1. Subordinate entities of Central Government Ministries including departments ``` and attached bodies, autonomous bodies, government owned companies, public sector enterprises, regulators or any other entities, wholly or partially, under the Central Government, which are not listed in Section A (II) in this Annex. ```text 2. Procurements conducted under the Public Procurement (Preference to Make ``` in India) Order 2017 or any other order issued by the Central Government, as amended from time to time. ```text 3. Procurements related to construction projects or any infrastructure projects. ``` 4. Procurements relating to health care sector including medical devices, pharmaceutical products, therapeutics, diagnostics. Annex 10A-2 <!-- page break --> ```text 5. Procurements of agricultural products made in furtherance of agricultural ``` support programmes and human feeding programmes (e.g., food aid including urgent relief aid). 6. Procurements of goods and services for the establishment and operation of embassy buildings outside the territory of the India. ```text 7. Procurements by any entity not covered by this Chapter. ``` Section E: Procurement Information Weblink for India's Central portal are: ```text 1. For Central Public Procurement Portal: https://eprocure.gov.in/eprocure/app?page=FrontEndAdvancedSearch&service=page 2. Government e-Marketplace (GeM): ``` https://gem.gov.in/

Annex 10A-3 <!-- page break --> ANNEX 10B Schedule of the UAE (Referred to in Chapter 10) Section A: I. Central Government Entities covered by the provisions of this Chapter Thresholds: Unless otherwise specified, Chapter 10 (Government Procurement) covers procurement by entities listed in this Section, in accordance with the following thresholds: ```text All Goods Threshold: [SDR 134,000] All Services Threshold: [SDR 134,000] All Construction Services Threshold: [SDR 5,844,000] II. List of Central Government Entities 1. Prime Minister's Office 2. General Secretariat for the Council of Ministers 3. Federal Center for Competitiveness and Statistics 4. Ministry of Finance 5. Ministry of Interior (note 1) 6. Ministry of Economy 7. Ministry of Foreign Affairs and international cooperation (note 2) 8. Ministry of Education 9. Ministry of Health & Prevention ``` 10. Ministry of Human Resources & Emiratization 11. Ministry of Justice 12. Ministry of Community Development 13. Ministry of State for National Council Affairs 14. Ministry of Climate Change & Environment 15. Ministry of Culture & Youth 16. Ministry of Energy & Infrastructure 17. Ministry of Industry & Advanced Technology 18. Emirates Medical Services Establishment 19. Emirates School Establishment 20. Ministry of Tolerance & Coexistence 21. Happiness Office 22. UAE Space Agency 23. Emirates News Agency 24. UAE University 25. Higher College of Technology 26. Zayed University Annex 10B-1 <!-- page break --> 27. Federal Authority for identity, citizenship and customs port securities 28. General authority for Islamic affairs and Endowments (note 3) 29. Zakat fund 30. Federal Authority for Government Human Resources 31. Anwar Gargash Diplomatic Academy 32. General Sport Authority 33. Telecommunications Regulatory Authority 34. State Audit 35. Political Affairs Office of the Vice President 36. Emirates Council for Gender Balance 37. The Supreme Council for Motherhood and Childhood 38. Federal Authority for Nuclear Regulation 39. Federal Center for Geographical Information 40. Federal Demographics Council 41. Federal National Council Notes to Section A ```text 1. Ministry of Interior: Chapter 10 (Government Procurement) does not cover ``` procurement of the following goods: (a) Weapons (b) Fire control equipment (c) Guided missiles (d) Aircraft (e) Ships (f) Engines, turbines (g) Communications, detection, and coherent radiation. ```text 2. The Ministry of Foreign Affairs: Chapter 10 (Government Procurement) does ``` not cover procurement of goods and services and the establishment and operation of embassy buildings outside the territory of the United Arab Emirates. ```text 3. General authority for Islamic affairs and Endowments: Chapter 10 (Government Procurement) does not cover procurement related to the purchase of religious books. 4. All entities covered by Chapter 10 (Government Procurement) may apply a ten ``` percent (10%) price preference for domestic green suppliers and green goods of domestic origin. For the purposes of this Note: ```text (a) “green suppliers” means suppliers that take into account green applications to meet environmental sustainability standards according to international best practices to achieve a balance in development between community safety, economic growth and environmental conservation; and Annex 10B-2 ``` <!-- page break --> ```text (b) “green goods” means goods that have green applications to meet environmental sustainability standards according to international best practices to achieve a balance in development between community safety, economic growth and environmental conservation. ``` Section B: Services, other than construction services, covered by this Chapter Chapter 10 (Government Procurement) covers all services listed in the UAE’s Schedule of specific commitments provided for under Chapter 8 (Trade in Services). Section C: Construction Services covered by this Chapter Chapter 10 (Government Procurement) covers all construction services listed in the UAE’s Schedule of specific commitments provided for under Chapter 8 (Trade in Services). Notes to Sections B & C The procurement for services, including construction services, is subject to the limitations and conditions specified in the UAE’s Schedule of specific commitments provided for under Chapter 8 (Trade in Services). Section D: General Notes Unless otherwise specified herein, the following General Notes apply without exception to Chapter 10 (Government Procurement), including to all sections of this Schedule. Chapter 10 (Government Procurement) does not cover: ```text 1. Partnership contracts with the private sector that are classified as a “partnership ``` project,” pursuant to UAE Cabinet Resolution No (4/8) of 2019, UAE Cabinet Resolution No (1/1) of 2017, and any subsequent laws or regulations amending such resolutions. ```text 2. Procurement conducted pursuant to the Unified In-Country Value program, as ``` described in UAE Cabinet Resolution No (72) of 2021, and any subsequent laws or regulations amending such resolution. ```text 3. Procurement of goods, services, or construction services related to the oil, gas, ``` or mineral sectors. Annex 10B-3 <!-- page break --> ```text 4. Procurement of military character carried out by the Ministry of the Interior or any entity with a security or military character. 5. Procurement of medicines or drugs. 6. Procurement related to construction projects and contracts. 7. Where a procurement by an entity is not covered by this Agreement, this ``` Agreement shall not be construed to cover any good or service component of that procurement. ```text 8. Procurement of transportation services that form a part of, or are incidental to, a procurement contract. 9. Procurement of agricultural products made in furtherance of agricultural support ``` programmes and human feeding programmes (e.g., food aid including urgent relief aid). Section E: Procurement Information Publications utilised by the United Arab Emirates for the publication of notices of intended procurement and of post-award notices and the publication annually of information on permanent lists of qualified suppliers in the case of selective tendering procedures: https://eservices.mof.gov.ae/SupplierRegister/Request/TermsConditions Laws, regulations, judicial decisions, administrative rulings and procedures regarding government procurement for entities listed in Section A (Central Government Entities) are published on the following websites: Official Gazette

Annex 10B-4 <!-- page break --> CHAPTER 11 INTELLECTUAL PROPERTY Section A: General Provisions ARTICLE 11.1 Definitions For the purposes of this Chapter: “geographical indication” means an indication that identifies a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin; “intellectual property” refers to all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the TRIPS Agreement; and a “national” means, in respect of the relevant right, a person of a Party that would meet the criteria for eligibility for protection provided for in the TRIPS Agreement. ARTICLE 11.2 Objectives The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. ARTICLE 11.3 Principles ```text 1. A Party may, in formulating or amending its laws and regulations, adopt ``` measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Chapter. ```text 2. The Parties recognise that appropriate measures, provided that they are ``` consistent with the provisions of this Chapter, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology. ARTICLE 11.4 Understandings in Respect of this Chapter Having regard to the underlying public policy objectives of national systems, the Parties recognise the need to: 11-1 <!-- page break --> ```text (a) promote innovation and creativity; (b) facilitate the diffusion of information, knowledge, technology, culture and the arts; and (c) foster competition ``` through their respective intellectual property systems, while respecting the principles of transparency and due process, and taking into account the interests of right holders, users and the public. ARTICLE 11.5 Nature and Scope of Obligations Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection or enforcement does not contravene the provisions of this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice. ARTICLE 11.6 TRIPS and Public Health ```text 1. The Parties: (a) reaffirm, in general, their right to utilise the flexibilities provided in the TRIPS Agreement; (b) reaffirm, in particular, the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO; and (c) affirm that this Chapter shall be interpreted and implemented in a manner supportive of each Party’s right to protect public health and, in particular, to promote access to medicines for all sections of the public. 2. The Parties have reached the following understanding regarding the protection of intellectual property rights under this Agreement: (a) this Chapter does not, in any manner whatsoever, prevent the Parties from taking measures to protect public health; (b) this Chapter does not, in any manner whatsoever, prevent the effective utilisation of Article 31bis of the TRIPS Agreement and the Annex and Appendix to the Annex to the TRIPS Agreement; (c) the Parties recognise the need and importance of contributing towards international efforts to implement Article 31bis of the TRIPS Agreement and the Annex and Appendix to the Annex to the TRIPS Agreement. 11-2 ``` <!-- page break --> ARTICLE 11.7 National Treatment ```text 1. In respect of all categories of intellectual property covered in this Chapter, each ``` Party shall accord to nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection1 of intellectual property rights. ```text 2. With respect to secondary uses of phonograms by means of analogue ``` communications and free over-the-air broadcasting, however, a Party may limit the rights of the performers and producers of the other Party to the rights its persons are accorded within the jurisdiction of that other Party. ```text 3. A Party may derogate from paragraph 1 in relation to its judicial and ``` administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is: ```text (a) necessary to secure compliance with laws or regulations that are not inconsistent with this Chapter; and (b) not applied in a manner that would constitute a disguised restriction on trade. 4. Paragraph 1 does not apply to procedures provided in multilateral agreements ``` concluded under the auspices of the World Intellectual Property Organisation (WIPO) relating to the acquisition or maintenance of intellectual property rights. ARTICLE 11.8 Most-Favoured-Nation Treatment With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Party to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of the other Party, in accordance with the TRIPS Agreement. ARTICLE 11.9 Transparency and Ease of Access ```text 1. Each Party shall make available on the internet its laws, regulations, and final ``` administrative rulings of general application concerning the protection and enforcement of intellectual property rights. 1 For the purposes of this paragraph, “protection” shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically covered by this Chapter. For greater certainty, “matters affecting the use of intellectual property rights specifically covered by this Chapter” in respect of works, performances and phonograms, include any form of payment, in respect of uses that fall under the copyright and related rights in this Chapter. The preceding sentence is without prejudice to a Party’s interpretation of “matters affecting the use of intellectual property rights” in footnote 3 of the TRIPS Agreement. 11-3 <!-- page break --> ```text 2. Each Party shall endeavour to, subject to its law, make available on the internet ``` information that it makes public concerning applications for trademarks, geographical indications, patents, designs plant variety rights, and copyright.2 ```text 3. Each Party shall, subject to its law, make available on the internet information ``` that it makes public concerning registered or granted trademarks, geographical indications, patents, designs, plant variety rights, and copyright sufficient to enable the public to become acquainted with those registered or granted rights.3 ```text 4. For the better efficiency of the process related to intellectual property (IP) filings ``` and registrations, each Party shall endeavour that the communication between IP filers/holders and IP offices is also made in the English language as well as in the official language to the extent practicable. ```text 5. Each Party shall endeavour to make available the information referred to in ``` paragraphs 1 through 3 in the English language. ARTICLE 11.10 Application of Chapter to Existing Subject Matter and Prior Acts ```text 1. Unless otherwise provided in this Chapter, this Chapter gives rise to obligations ``` in respect of all subject matter existing at the date of entry into force of this Agreement for a Party and that is protected on that date in the territory of the Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter. ```text 2. Unless otherwise provided in this Chapter, a Party shall not be required to ``` restore protection to subject matter that on the date of entry into force of this Agreement for that Party has fallen into the public domain in its territory. ```text 3. This Chapter does not give rise to obligations in respect of acts that occurred ``` before the date of entry into force of this Agreement for a Party. ARTICLE 11.11 Exhaustion of Intellectual Property Rights Nothing in this Agreement prevents a Party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.4 2 For greater certainty, under paragraph 2, a Party may make available on the internet the entire dossier for the relevant application. 3 For greater certainty, under paragraph 3, a Party may make available on the internet the entire dossier for the relevant registered or granted intellectual property right. 4 For greater certainty, this Article is without prejudice to any provisions addressing the exhaustion of intellectual property rights in international agreements to which a Party is a party. 11-4 <!-- page break --> Section B: Cooperation ARTICLE 11.12 Cooperation Activities and Initiatives The Parties shall endeavour to cooperate on the subject matter covered by this Chapter, such as through appropriate coordination, training and exchange of information between the respective intellectual property offices of the Parties, or other institutions, as determined mutually by the Parties. Cooperation may cover areas such as: ```text (a) developments in domestic and international intellectual property policy; (b) intellectual property administration and registration systems; (c) education and awareness relating to intellectual property; (d) intellectual property issues relevant to: (i) small and medium-sized enterprises; (ii) science, technology and innovation activities; and (iii) the generation, transfer and dissemination of technology; (e) policies involving the use of intellectual property for research, innovation and economic growth; (f) implementation of multilateral intellectual property agreements, such as those concluded or administered under the auspices of WIPO; (g) technical assistance for developing countries; (h) genetic resources, traditional knowledge, and traditional cultural expressions; and (i) geographical indications. ARTICLE 11.13 Cooperation in the Field of Patents 1. The Parties recognise the importance of continuous improvement in the quality ``` and efficiency of the procedures followed in their respective patent offices, including the simplification and streamlining of the procedures for the benefit of the public as a whole. ```text 2. Further to paragraph 1, the Parties shall endeavour to cooperate so as to ``` facilitate the sharing of search and examination work by their patent offices. This may include: ```text (a) making search and examination results accessible for the public according to relevant law and regulations; and 11-5 ``` <!-- page break --> ```text (b) exchanging information on quality assurance systems relating to patent examination. ARTICLE 11.14 Cooperation on Request ``` Cooperation activities and initiatives undertaken under this Chapter shall be considered upon request, conducted on mutually agreed terms, and be subject to the availability of resources. Section C: Trademarks ARTICLE 11.15 Use of Identical or Similar Signs Each Party shall provide that the owner of a registered trademark has the exclusive right to prevent third parties that do not have the owner’s consent from using in the course of trade, identical or similar signs, for goods or services that are related to those goods or services in respect of which the owner’s trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. ARTICLE 11.16 Scope of Protection in Trademarks Each Party shall ensure that any signs or any combination of signs capable of distinguishing the goods and services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements, three-dimensional shapes and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, Parties may make registrability depend on distinctiveness acquired through use. No Party shall deny registration of a trademark solely on the grounds that the sign of which it is composed is a sound.5 ARTICLE 11.17 Well-Known Trademarks 1. No Party shall require as a condition for determining that a trademark is well-known that the trademark has been registered in the Party or in another jurisdiction. 5 A Party may require an adequate description, which can be represented graphically, of the trademark. 11-6 <!-- page break --> ```text 2. Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or ``` services that are not identical or similar to those identified by a well-known trademark,6 whether registered or not, provided that the use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known trademark, and provided that the interests of the owner of the well-known trademark are likely to be damaged by such use. 3. Each Party recognises the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks as adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO, 20 to 29 September 1999. ```text 4. Each Party shall provide for appropriate measures to refuse the application or ``` cancel the registration and prohibit the use of a trademark that is identical or similar to a well-known trademark,7 for identical or similar goods or services, if the use of that trademark is likely to cause confusion with the prior well-known trademark. A Party may also provide such measures including in cases in which the subsequent trademark is likely to deceive public or cause confusion. ARTICLE 11.18 Procedural Aspects of Examination, Opposition and Cancellation Each Party shall provide a system for the examination and registration of trademarks which includes, among other things: ```text (a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register a trademark; (b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register a trademark; (c) providing an opportunity to oppose the registration of a trademark or to seek cancellation8 of a trademark; and (d) requiring administrative decisions in opposition and cancellation proceedings to be reasoned and in writing, which may be provided by electronic means. ``` 6 In determining whether a trademark is well-known in a Party, that Party need not require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services. 7 The Parties understand that a well-known trademark is one that was already well-known before, as determined by a Party, the application for, registration of, or use of the first-mentioned trademark. 8 For greater certainty, cancellation for the purposes of this Section may be implemented through nullification or revocation proceedings. 11-7 <!-- page break --> ARTICLE 11.19 Classification of Goods and Services Each Party shall adopt or maintain a trademark classification system that is consistent with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, done at Nice, 15 June 1957, as revised and amended (Nice Classification). Each Party shall provide that: ```text (a) registrations and the publications of applications indicate the goods and services by their names, grouped according to the classes established by the Nice Classification;9 and (b) goods or services may not be considered as being similar to each other on the ground that, in any registration or publication, they are classified in the same class of the Nice Classification. Conversely, each Party shall provide that goods or services may not be considered as being dissimilar from each other on the ground that, in any registration or publication, they are classified in different classes of the Nice Classification. ARTICLE 11.20 Multiclass Application ``` Each Party shall provide that single application may be made for registration of trademarks for different classes of goods and/or services of the Nice Classification. ARTICLE 11.21 Term of Protection for Trademarks Each Party shall provide that initial registration and each renewal of registration of a trademark is for a term of no less than ten (10) years. ARTICLE 11.22 Exceptions A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that those exceptions take account of the legitimate interest of the owner of the trademark and of third parties. 9 A Party that relies on translations of the Nice Classification shall follow updated versions of the Nice Classification to the extent that official translations have been issued and published. 11-8 <!-- page break --> Section D: Country Names ARTICLE 11.23 Country Names Each Party shall provide the legal means for interested persons to prevent commercial use of the country name of a Party in relation to a good in a manner that misleads consumers as to the origin of that good. Section E: Geographical Indications ARTICLE 11.24 Recognition of Geographical Indications ```text 1. The Parties shall ensure in their domestic laws, adequate and effective means ``` to protect geographical indications. Each Party recognises that such protection may be provided through a trademark system, or a sui generis system or other legal means, provided that all requirements under the TRIPS Agreement are fulfilled. ```text 2. Each Party recognises that such goods may include, agricultural goods, natural ``` goods, and manufactured goods, including goods of industry, handicrafts, and foodstuffs. ARTICLE 11.25 Opposition Procedures With respect to the opposition procedures, each Party in accordance with its laws shall provide procedures that allow at least interested persons to oppose the protection of a geographical indication. Section F: Patents and Undisclosed Test or Other Data Subsection A: General Patents ARTICLE 11.26 Grace Period Each Party shall disregard at least information contained in public disclosures used to determine if an invention is novel or has an inventive step, if the public disclosure of any form:10, 11 10 No Party shall be required to disregard information contained in applications for, or registrations of, intellectual property rights made available to the public or published by a patent office, unless erroneously published or unless the application was filed without the consent of the inventor or their successor in title, by a third person who obtained the information directly or indirectly from the inventor. 11 For greater certainty, a Party may limit the application of this Article to disclosures made by, or obtained directly or indirectly from, the inventor or joint inventor. A Party may provide that, for the purposes of this Article, information obtained directly or indirectly from the patent applicant may be 11-9 <!-- page break --> ```text (a) was made by the patent applicant or by a person that obtained the information directly or indirectly from the patent applicant; and (b) occurred within twelve (12) months prior to the date of the filing of the application. ARTICLE 11.27 Exceptions ``` A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties. ARTICLE 11.28 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions ```text 1. Subject to each Party’s international obligations, each Party shall establish ``` appropriate measures to protect genetic resources, traditional knowledge, and traditional cultural expressions. ```text 2. Where a Party has disclosure requirements relating to the source or origin of ``` genetic resources as part of a Party’s patent system, that Party shall endeavour to make available its laws, regulations, and procedures with respect to such requirements, including on the internet where feasible, in such a manner as to enable interested persons and other Parties to become acquainted with them. 3. The Parties shall endeavour to pursue quality patent examination, which may include, wherever applicable and appropriate, the use of databases or digital libraries which contain relevant information on traditional knowledge associated with genetic resources, and, when determining prior art, relevant publicly-available documented information related to traditional knowledge associated with genetic resources may be taken into account. Subsection B: Protection of Undisclosed Test or Other Data ARTICLE 11.29 Protection of Undisclosed Test or Other Data for Pharmaceutical Products ```text 1. If a Party requires, as a condition for granting marketing approval for a new ``` pharmaceutical product, which utilises new chemical entities, the submission of undisclosed test or other data concerning the safety and efficacy of the product,12 the information contained in the public disclosure that was authorised by, or derived from, the patent applicant. 12 Each Party confirms that the obligations of this Article shall apply to undisclosed test or other data submitted for marketing approval concerning: (a) the safety of the product, (b) the efficacy of the product or (c) both. 11-10 <!-- page break --> origination of which has involved considerable effort, that Party shall protect said data from unfair commercial use.13 ```text 2. Notwithstanding paragraph 1, a Party may take measures to protect public health in accordance with: (a) the Declaration on TRIPS and Public Health; (b) any waiver of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement to implement the Declaration on TRIPS and Public Health and that is in force between the Parties; or (c) any amendment of the TRIPS Agreement to implement the Declaration on TRIPS and Public Health that enters into force with respect to the Parties. 3. For the purposes of paragraph 1, a new pharmaceutical product means a ``` pharmaceutical product that contains an active ingredient for which no other pharmaceutical product containing the same active ingredient has previously obtained marketing approval in the country. Section G: Copyright and Related Rights ARTICLE 11.30 Rights of Reproduction, Distribution and Communication 1. Each Party shall provide14 to authors, performers and producers of phonograms15 the exclusive right to: ```text (a) authorise or prohibit all reproduction of their works, performances or phonograms in any manner or form, including in electronic form; (b) authorise or prohibit the making available to the public of the original and copies16 of their works, performances and phonograms through sale or other transfer of ownership; and ``` 13 “Unfair commercial use” shall include at least unfair utilisation of the said data in marketing approval of pharmaceutical products according to each Party’s laws and regulations. 14 For greater certainty, the Parties understand that it is a matter for each Party’s law to prescribe that works, performances or phonograms in general or any specified categories of works, performances and phonograms are not protected by copyright or related rights unless the work, performance or phonogram has been fixed in some material form. 15 The terms “authors, performers, and producers of phonograms” refer also to any of their successors in interest. 16 The expressions “copies” and “original and copies”, that are subject to the right of distribution in this Article, refer exclusively to fixed copies that can be put into circulation as tangible objects. 11-11 <!-- page break --> ```text (c) authorise or prohibit the commercial rental to the public of the original and copies of their performances fixed in phonograms as determined in the national law of each Party, even after their distribution. 2. Each Party shall provide to authors the exclusive right to authorise or prohibit ``` the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.17 ARTICLE 11.31 Related Rights ```text 1. Each Party shall accord the rights provided for in this Chapter with respect to ``` performers and producers of phonograms to the performers and producers of phonograms that are nationals18 of the other Party, and to performances or phonograms first published or first fixed19 in the territory of the other Party.20 ```text 2. Each Party shall provide to performers the exclusive right to authorise or prohibit: (a) the broadcasting and communication to the public of their unfixed performances, unless the performance is already a broadcast performance; and (b) the fixation of their unfixed performances. 3. Each Party shall provide to performers and producers of phonograms the ``` exclusive right to authorise or prohibit the broadcasting or any communication to the public of their performances or phonograms, by wire or wireless means,21 and the making available to the public of those performances or phonograms in such a way 17 The Parties understand that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Chapter or the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). The Parties further understand that nothing in this Article precludes a Party from applying Article 11bis (2) of the Berne Convention. 18 For the purposes of determining criteria for eligibility under this Article, with respect to performers, a Party may treat “nationals” as those who would meet the criteria for eligibility under Article 3 of the World Intellectual Property Performances and Phonograms Treaty (WPPT). 19 For the purpose of this Article, “fixation” means the embodiment of sound or moving images or of the representation thereof from which they can be perceived, reproduced or communicated by means of a device. 20 For greater certainty, in this paragraph with respect to performances or phonograms first published or first fixed in the territory of a Party, a Party may apply the criterion of publication, or alternatively, the criterion of fixation, or both. For greater certainty, consistent with Article 11.7 (National Treatment), each Party shall accord to performances and phonograms first published or first fixed in the territory of the other Party treatment no less favourable than it accords to performances or phonograms first published or first fixed in its own territory. 21 For greater certainty, the obligation under this paragraph does not include broadcasting or communication to the public, by wire or wireless means, of the sounds or representations of sounds fixed in a phonogram that are incorporated in a cinematographic or other audio-visual work. 11-12 <!-- page break --> that members of the public may access them from a place and at a time individually chosen by them. ```text 4. Notwithstanding paragraph 3 and Article 11.33 (Limitations and Exceptions), ``` the application of the right referred to in paragraph 3 to analogue transmissions and non-interactive free over-the-air broadcasts, and exceptions or limitations to this right for those activities, is a matter of each Party’s law.22 ARTICLE 11.32 Obligations Concerning Protection of Technological Measures and Rights Management Information ```text 1. Each Party shall provide adequate legal protection and effective legal remedies ``` against the circumvention of effective technological measures that are used by authors, performers or producers of phonograms in connection with the exercise of their rights as provided under Articles 11.30 (Rights of Reproduction, Distribution and Communication) and 11.31 (Related Rights) of this Agreement, that restrict acts, in respect of their works, performances or phonograms, which are not authorised by the authors, performers or producers of phonograms concerned or permitted by law. ```text 2. Each Party shall provide adequate and effective legal remedies against any ``` person who knowingly, without authorisation removes or alters any electronic rights management information and/or distributes, imports for distribution, broadcasts or communicates to the public, without authority, works or copies of works knowing that electronic rights management information23 has been removed or altered without authorisation. ARTICLE 11.33 Limitations and Exceptions With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder. 22 For the purposes of this paragraph the Parties understand that a Party may provide for the retransmission of non-interactive, free over-the-air broadcasts, provided that these retransmissions are lawfully permitted by that Party’s government communications authority; any entity engaging in these retransmissions complies with the relevant rules, orders or regulations of that authority; and these retransmissions do not include those delivered and accessed over the internet. For greater certainty, this footnote does not limit a Party’s ability to avail itself of this paragraph. 23 For the purpose of clarity “rights management information” shall be interpreted in accordance with Article 12 of the WIPO Copyright Treaty. 11-13 <!-- page break --> Section H: Enforcement ARTICLE 11.34 General Obligation in Enforcement Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse. 11-14 <!-- page break --> CHAPTER 12 INVESTMENT AND TRADE ARTICLE 12.1 UAE-India Bilateral Investment Treaty The Parties note the existence of the Agreement Between the Government of the United Arab Emirates and the Government of the Republic of India on the Promotion and Protection of Investments, signed at New Delhi, India on 12 December 2013 (UAE-India Bilateral Investment Agreement). Further, the Parties renew their commitment to the ongoing negotiations between the Parties to replace the UAE-India Bilateral Investment Agreement, and agree to finalise a new agreement by June 2022. ARTICLE 12.2 Promotion of Investment The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. ARTICLE 12.3 Technical Council The Parties shall establish a UAE-India Technical Council on Investment and Trade Promotion and Facilitation (the Council), which shall be composed of representatives of both Parties. The side of the UAE will be chaired by the Under Secretary of the Ministry of Finance, or the authorised representative thereof, and the side of India will be chaired by the Joint Secretary (or equivalent), Department for Promotion of Industry and Internal Trade, Government of India. ARTICLE 12.4 Objectives of the Council The objectives of the Council are to: ```text (a) promote and enhance investment and trade cooperation and facilitation between the Parties; (b) monitor investment and trade relations, to identify opportunities for expanding investment and trade, and to identify issues relevant to investment and trade that may be appropriate for further discussion in the Council; (c) hold consultations on specific investment and trade matters of interest to the Parties; (d) work toward the promotion of investment and trade flows; (e) identify and work toward the removal of impediments and facilitate investment and trade flows; and 12-1 ``` <!-- page break --> ```text (f) seek the views of the private sector, where appropriate, on matters related to the work of the Council. ARTICLE 12.5 Role of the Council ``` The Council shall meet at such venue and time-period as the Parties agree. A Party may refer a specific investment and trade matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered, unless the requesting Party agrees to postpone the discussion of the matter. The Parties shall avail themselves of the opportunity to discuss and resolve the issue amicably in the Council keeping in mind the objective of promoting and facilitating trade and investment ARTICLE 12.6 Non-Application of Dispute Settlement The Parties agree that nothing in this Chapter shall be subject to any dispute settlement mechanism. 12-2 <!-- page break --> CHAPTER 13 MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) ARTICLE 13.1 General Principles ```text 1. The Parties, recognising the fundamental role of SMEs in maintaining the ``` dynamism and enhancing the competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs. ```text 2. The Parties recognise the integral role of the private sector in the SME cooperation to be implemented under this Chapter. 3. For the purposes of this Chapter, “SME” means small and medium-sized ``` enterprises, including micro enterprises, and may be further defined, where applicable, according to the respective laws, regulations, or national policies of each Party. ARTICLE 13.2 Cooperation to Increase Trade and Investment Opportunities for SMEs With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities, and in particular shall: ```text (a) promote cooperation between the Parties’ small business support infrastructure, including dedicated SME centres, incubators and accelerators, export assistance centres, and other centres, as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets; (b) strengthen collaboration with the other Party on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnerships among these SMEs and their participation in international trade; (c) enhance cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, increasing SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions; and (d) encourage participation in purpose-built mobile or web-based platforms, for business entrepreneurs to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners. 13-1 ``` <!-- page break --> ARTICLE 13.3 Information Sharing ```text 1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including: (a) the text of this Agreement; (b) a summary of this Agreement; and (c) information designed for SMEs that contains: (i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and (ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement. 2. Each Party shall endeavour to include in its website links to: (a) the equivalent websites of the other Party; and (b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party’s territory. 3. Subject to each Party’s laws and regulations, the information described in paragraph 2(b) may include: (a) customs regulations, procedures, or enquiry points; (b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights; (c) technical regulations, standards, quality or conformity assessment procedures; (d) sanitary or phytosanitary measures relating to importation or exportation; (e) foreign investment regulations; (f) business registration and corporate structuring procedures; (g) trade promotion programs; (h) competitiveness programs; (i) SME investment and financing programs; (j) employment regulations; 13-2 ``` <!-- page break --> ```text (k) taxation regulations, accounting and reporting procedures, or enquiry points; (l) government procurement opportunities; and (m) other information which the Party considers to be useful for SMEs. 4. Each Party shall regularly review the information and links on the website ``` referred to in paragraphs 1 and 2 to ensure that the information and links are up-to-date and accurate. ```text 5. To the extent possible, each Party shall make the information in this Article ``` available in the English language. ARTICLE 13.4 Committee on SME Issues ```text 1. The Parties shall establish the Committee on SME Issues (SME Committee) comprising representatives of each Party. 2. The SME Committee shall: (a) identify ways to assist SMEs in the Parties’ territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness; (b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties; (c) exchange and discuss each Party’s experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials; (d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement; (e) explore opportunities for capacity building to facilitate each Party’s work in developing and enhancing SME export counselling, assistance, and training programs; (f) recommend additional information that a Party may include on the website referred to in Article 13.3 (Information Sharing); (g) review and coordinate its work program with the work of other committees and other subsidiary bodies established under this Agreement, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs 13-3 ``` <!-- page break --> to engage in trade and investment opportunities resulting from this Agreement; ```text (h) collaborate with and encourage committees, working groups and other subsidiary bodies established under this Agreement to consider SME- related commitments and activities into their work; (i) review the implementation and operation of SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and SME assistance programs as appropriate; (j) facilitate the development of programs to assist SMEs to participate and integrate effectively into the Parties’ regional and global supply chains; (k) promote the participation of SMEs in digital trade enabling them to take advantage of the opportunities resulting from this Agreement and rapidly access new markets; (l) facilitate the exchange of information on entrepreneurship education and awareness programs for youth and women to promote the entrepreneurial environment in the territories of the Parties; (m) submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate recommendations to the Joint Committee; and (n) consider any other matter pertaining to SMEs as the SME Committee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement. 3. The SME Committee shall convene within one (1) year after the date of entry ``` into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise. ```text 4. The SME Committee may seek to collaborate with appropriate experts in ``` carrying out its programs and activities. ARTICLE 13.5 Non-Application of Dispute Settlement Neither Party shall have recourse to dispute settlement under Chapter 15 (Dispute Settlement) for any matter arising under this Chapter. 13-4 <!-- page break --> CHAPTER 14 ECONOMIC COOPERATION ARTICLE 14.1 Objectives ```text 1. The Parties shall promote cooperation under this Agreement for their mutual ``` benefit in order to liberalise and facilitate trade and investment between the Parties and foster economic growth. ```text 2. Economic cooperation under this Chapter shall be built upon a common ``` understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties. ARTICLE 14.2 Scope ```text 1. Economic cooperation under this Chapter shall support the effective and ``` efficient implementation and utilisation of this Agreement through activities that relate to trade and investment. ```text 2. Economic cooperation under this Chapter shall initially focus on the following areas: (a) manufacturing industries; (b) agriculture, forestry and fisheries; (c) trade and investment promotion; (d) human resource development; (e) tourism; (f) information and communications technology; (g) the promotion of electronic commerce; (h) trade in environmental goods and services; (i) media; and (j) energy. ``` The Parties may agree in the Annual Work Program on Economic Cooperation Activities to modify the above list, including by adding other areas for economic cooperation. 14-1 <!-- page break --> ARTICLE: 14.3 Annual Work Program on Economic Cooperation Activities ```text 1. The Joint Committee shall adopt an Annual Work Program on Economic ``` Cooperation Activities (Annual Work Program) based on proposals submitted by the Parties. ```text 2. Each activity in the Annual Work Program developed under this Chapter shall: ``` (i) be guided by the objectives agreed in Article 14.1 (Objectives); (ii) be related to trade or investment and support the implementation of this Agreement; (iii) involve both Parties; (iv) address the mutual priorities of the Parties; and (v) avoid duplicating existing economic cooperation activities. ARTICLE 14.4 Competition Policy ```text 1. The Parties recognise the importance of general cooperation in the area of ``` competition policy. The Parties may cooperate to exchange information relating to the development of competition policy, enforcement of competition law and capacity building in the area of competition policy, subject to their laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities. ```text 2. The Parties may consult on matters related to regulation of mergers and anti- ``` competitive practices, including abuse of dominant position and anti-competitive agreements having adverse effects on competition in their respective jurisdictions. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations. ```text 3. The Parties may interact and cooperate in relation to competition assessment ``` of global mergers and acquisitions to achieve efficient, uniform and non-contradictory results. The cooperation shall take into account the Parties’ laws and regulations on the protection of confidential information. ARTICLE 14.5 Environmental Cooperation ```text 1. The Parties recognise the importance of mutually supportive trade and ``` environmental policies and practices to improve environmental protection in the furtherance of sustainable development. ```text 2. The Parties recognise the sovereign right of each Party to establish its own ``` levels of domestic environmental protection and its own environmental priorities, and to establish, adopt or modify its environmental laws and policies accordingly. ```text 3. Each Party shall strive to ensure that its environmental laws and policies ``` provide for, and encourage, high levels of environmental protection and to continue to improve its respective levels of environmental protection. ```text 4. Each Party shall endeavour to effectively enforce its environmental laws. 14-2 ``` <!-- page break --> ```text 5. The Parties recognise that each Party retains the right to exercise discretion ``` and to make decisions regarding: (a) investigatory, prosecutorial, regulatory and compliance matters; and (b) the allocation of environmental enforcement resources with respect to other environmental laws determined to have higher priorities. Accordingly, the Parties understand that with respect to the enforcement of environmental laws a Party is in compliance with paragraph 4 if a course of action or inaction reflects a reasonable exercise of that discretion, or results from a bona fide decision regarding the allocation of those resources in accordance with priorities for enforcement of its environmental laws. ```text 6. The Parties recognise that multilateral environmental agreements to which they ``` are party play an important role, globally and domestically, in protecting the environment and that the respective implementation of these agreements is critical to achieving the environmental objectives of these agreements. Accordingly, each Party affirms its commitment to implement the multilateral environmental agreements to which it is a party. ```text 7. Nothing in this Section shall be construed to empower a Party’s authorities to ``` undertake environmental law enforcement activities in the territory of the other Party. ARTICLE 14.6 Air Services Cooperation Recognizing the importance of air transport operations to their respective economies, the Parties agree to cooperate in this sector. ARTICLE 14.7 Resources ```text 1. Resources for economic cooperation under this Chapter shall be provided in a ``` manner as agreed by the Parties and in accordance with the laws and regulations of the Parties. ```text 2. The Parties, where it is of mutual benefit, may consider cooperation with, and ``` contributions from, external parties to support the implementation of the Annual Work Program. ARTICLE 14.8 Committee on Economic Cooperation ```text 1. For the purposes of the effective implementation and operation of this Chapter, the Parties shall establish a Committee on Economic Cooperation (CEC). 2. The CEC shall undertake the following functions: (a) monitor and assess the implementation of this Chapter; (b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities; (c) formulate and develop Annual Work Program proposals and their implementation mechanisms; 14-3 ``` <!-- page break --> (d) coordinate, monitor and review progress of the Annual Work Program to assess its overall effectiveness and contribution to the implementation and operation to this Chapter; (e) suggest amendments to the Annual Work Program to the Joint Committee through periodic evaluations; (f) cooperate with other Committees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and (g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter. ARTICLE 14.9 Non-Application of Chapter 15 (Dispute Settlement) Neither Party shall have recourse to dispute settlement under Chapter 15 (Dispute Settlement) for any matter arising under this Chapter. 14-4 <!-- page break --> CHAPTER 15 DISPUTE SETTLEMENT SECTION A: OBJECTIVE AND SCOPE ARTICLE 15.1 Objective The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution. ARTICLE 15.2 Cooperation The Parties shall endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt, through cooperation, to arrive at a mutually satisfactory resolution of any matter that might affect the operation of this Agreement. ARTICLE 15.3 Scope of Application This Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation and application of the provisions of this Agreement (hereinafter referred to as "covered provisions"), unless otherwise provided in this Agreement. ARTICLE 15.4 Contact Points ```text 1. Each Party shall designate a contact point within thirty (30) days from the date ``` of entry into force of this Agreement to facilitate communications between the Parties with respect to any dispute initiated under this Chapter. ```text 2. Any request, notification, written submission or other document made in ``` accordance with this Chapter shall be delivered to the other Party through its designated contact point. SECTION B: CONSULTATIONS AND MEDIATION ARTICLE 15.5 Request for Information Before a request for consultations, good offices or mediation is made pursuant to Articles 15.6 (Consultations) or 15.7 (Good Offices or Mediation) respectively, a Party may request, in writing, any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than thirty (30) days after the date of receipt of the request. 15-1 <!-- page break --> ARTICLE 15.6 Consultations ```text 1. The Parties shall endeavour to resolve any dispute referred to in Article 15.3 ``` (Scope of Application) by entering into consultations in good faith with the aim of reaching a mutually agreed solution. ```text 2. A Party shall seek consultations by means of a written request delivered to the ``` other Party identifying the reasons for the request, including the measure at issue and a description of its factual and legal basis specifying the covered provisions that it considers applicable. ```text 3. The Party to which the request for consultations is made shall reply to the ``` request promptly, but no later than ten (10) days after the date of receipt of the request. Consultations shall be held within thirty (30) days of the date of receipt of the request. The consultations shall be deemed to be concluded within thirty (30) days of the date of receipt of the request, unless the Parties agree otherwise. ```text 4. Consultations on matters of urgency, including those regarding perishable ``` goods, shall be held within fifteen (15) days of the date of receipt of the request. The consultations shall be deemed to be concluded within those fifteen (15) days, unless the Parties agree otherwise. ```text 5. During consultations, each Party shall provide sufficient information so as to ``` allow a complete examination of the measure at issue including how that measure is affecting the operation and application of this Agreement. ```text 6. Consultations, including all information disclosed and positions taken by the ``` Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings. ```text 7. Consultations may be held in person or by any other means of communication, ``` as the Parties may agree. Consultations, if held in person, shall take place in the territory of the Party to which the request is made, unless the Parties agree otherwise. ```text 8. If the Party to which the request is made does not respond to the request for ``` consultations within ten (10) days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 15.8 (Establishment of a Panel). ARTICLE 15.7 Good Offices or Mediation ```text 1. The Parties may at any time agree to enter into procedures for good offices or mediation. They may begin at any time and be terminated by either Party at any time. 2. Proceedings involving good offices or mediation and the particular positions ``` taken by the Parties in these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties. 15-2 <!-- page break --> ```text 3. If the Parties agree, procedures for good offices or mediation may continue ``` during the panel procedures, as set out in Section C. SECTION C: PANEL PROCEDURES ARTICLE 15.8 Establishment of a Panel ```text 1. If the Parties fail to resolve the dispute through recourse to consultations as ``` provided for in Article 15.6 (Consultations), the Party that sought consultations may request the establishment of a panel. ```text 2. The request for the establishment of a panel shall be made by means of a ``` written request delivered to the other Party and shall identify the measure at issue and indicate the legal basis specifying the relevant covered provisions in a manner sufficient to present how such measure is inconsistent with those provisions. ```text 3. When a request is made by the complaining Party in accordance with ``` paragraph 1, a panel shall be established. ARTICLE 15.9 Composition of a Panel ```text 1. Unless the Parties agree otherwise, a panel shall consist of three panellists. 2. Unless the Parties agree otherwise, the panellists shall neither be nationals of ``` the Parties to the dispute nor have their permanent place of residence in the territory of a Party to the dispute. ```text 3. Within twenty (20) days after the establishment of a panel, each Party shall ``` appoint a panellist. The Parties shall, by mutual agreement, within forty (40) days after the establishment of a panel, appoint the third panellist, who shall serve as the chairperson of the panel. ```text 4. If either Party fails to appoint a panellist within the time period established in ``` paragraph 3, the other Party may request that the WTO Director General to designate a panellist within twenty (20) days of that request. ```text 5. If no agreement is reached on the appointment of the chairperson of the panel ``` within the time period established in paragraph 3, the Parties shall within the next ten (10) days, exchange their respective lists comprising three nominees each who shall not be nationals of either Party. The chair shall then be appointed by draw of lot from the lists within ten (10) days after the expiry of the time period during which the Parties shall exchange their respective lists of nominees. The selection by lot of the chairperson of the panel shall be made by the Joint Committee. ```text 6. If a Party fails to submit its list of three nominees within the time period ``` established in paragraph 5, the chairperson shall be appointed by draw of lot from the list submitted by the other Party. 15-3 <!-- page break --> ```text 7. The date of composition of the panel shall be the date on which the last of the ``` three selected panellists has notified to the Parties the acceptance of his or her appointment. ARTICLE 15.10 Requirements for Panellists ```text 1. Each panellist shall: (a) have demonstrated expertise in law, international trade, and other matters covered by this Agreement, (b) be independent of, and not be affiliated with or take instructions from, either Party; (c) serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; (d) comply with the Code of Conduct for Panellists established in Annex 15A (Code of Conduct for Panellists); and (e) be chosen strictly on the basis of objectivity, reliability, and sound judgment. 2. The chairperson shall also have experience in dispute settlement procedures. 3. Persons who provided good offices or mediation to the Parties, pursuant to ``` Article 15.7 (Good Offices or Mediation) in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as panellists in that matter. ARTICLE 15.11 Replacement of Panellists If any of the panellists of the original panel becomes unable to act, withdraws or needs to be replaced because that panellist does not comply with the requirements of the Code of Conduct, a successor panellist shall be appointed in the same manner as prescribed for the appointment of the original panellist, and the successor shall have the powers and duties of the original panellist. The work of the panel shall be suspended during the appointment of the successor panellist. ARTICLE 15.12 Functions of the Panel Unless the Parties agree otherwise, the panel: ```text (a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions; and (b) shall set out, in its decisions and reports, the findings of fact and law and the rationale behind any findings and conclusions that it makes; and 15-4 ``` <!-- page break --> ```text (c) may consult with the Parties and provide adequate opportunities for the development of a mutually agreed solution. ARTICLE 15.13 Terms of Reference 1. Unless the Parties agree otherwise within fifteen (15) days after the date of ``` establishment of the panel, the terms of reference of the panel shall be: “to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the panel, to make findings on the conformity of the measure at issue with the relevant covered provisions of this Agreement as well as recommendations, if any, on the means to resolve the dispute, and to deliver a report in accordance with Articles 15.18 (Interim Report) and 15.19 (Final Report)”. ```text 2. If the Parties agree on terms of reference other than those referred to in ``` paragraph 1, they shall notify the agreed terms of reference to the panel no later than five (5) days after their agreement. ARTICLE 15.14 Decision on Urgency 1. If a Party so requests, the panel shall decide, within fifteen (15) days of its composition, whether the dispute concerns matters of urgency. ```text 2. In cases of urgency, the applicable time periods set out in Articles 15.18 (Interim ``` Report) and 15.19 (Final Report) shall be half of the time prescribed therein. ARTICLE 15.15 Rules of Interpretation ```text 1. The panel shall interpret the covered provisions in accordance with customary ``` rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. ```text 2. When appropriate, the panel may also take into account relevant interpretations ``` in reports of prior panels established under this Chapter and reports of panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO. ARTICLE 15.16 Rules of Procedure of the Panel ```text 1. Unless the Parties agree otherwise, the panel shall follow the model rules of procedure set out in Annex 15B (Rules of Procedure for the Panel). 2. The panel may, after consulting with the Parties, adopt additional rules of ``` procedure not inconsistent with the model rules of procedure. 15-5 <!-- page break --> ARTICLE 15.17 Receipt of Information ```text 1. Upon the request of a Party, or on its own initiative, the panel may seek from ``` the Parties relevant information it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the panel for information. ```text 2. At the request of a Party, or on its own initiative, a panel may seek information ``` or technical advice from any known source that it deems appropriate, provided that the Parties agree and subject to any terms and conditions agreed by the Parties. ```text 3. Any information obtained by the panel under this Article shall be made available ``` to the Parties and the Parties may provide comments on that information. ARTICLE 15.18 Interim Report ```text 1. The panel shall deliver an interim report to the Parties within ninety (90) days ``` after the date of composition of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. ```text 2. The interim report shall include a descriptive part and the panel’s findings and conclusions. 3. Each Party may submit to the panel written comments and a written request to ``` review precise aspects of the interim report within ten (10) days of the date of issuance of the interim report. A Party may comment on the other Party's request within seven (7) days of the delivery of the request. ```text 4. After considering any written comments and requests by each Party on the ``` interim report, the panel may modify the interim report and make any further examination it considers appropriate. ARTICLE 15.19 Final Report ```text 1. The panel shall deliver its final report to the Parties within one hundred and ``` twenty (120) days of the date of composition of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its final report. ```text 2. The final report shall include a discussion of any written comments and ``` requests made by the Parties on the interim report. The panel may, in its final report, suggest ways in which the final report could be implemented. ```text 3. The final report shall be made public within fifteen (15) days of its delivery to ``` the Parties, unless the Parties agree otherwise to publish the final report only in parts or not to publish the final report. 15-6 <!-- page break --> ARTICLE 15.20 Implementation of the Final Report ```text 1. Where the panel finds that the responding Party has acted inconsistently with ``` a covered provision, the responding Party shall take any measure necessary to comply promptly and in good faith with the findings and conclusions in the final report. ```text 2. The responding Party shall, no later than thirty (30) days after delivery of the ``` final report, notify the complaining Party of the length of the reasonable period of time necessary for compliance with the final report and the Parties shall endeavour to agree on the reasonable period of time required for compliance with the final report. ARTICLE 15.21 Reasonable Period of Time for Compliance ```text 1. If the Parties have not agreed on the length of the reasonable period of time, ``` the complaining Party may, no later than thirty (30) days after the date of receipt of the notification made by the responding Party in accordance with paragraph 2 of Article 15.20 (Implementation of the Final Report), request, in writing, that the original panel determine the length of the reasonable period of time. Such request shall be notified simultaneously to the responding Party. The thirty (30)-day period referred to in this paragraph may be extended by mutual agreement of the Parties. ```text 2. The original panel shall deliver its decision to the Parties within thirty (30) days ``` of the date of submission of the request. 3. The length of the reasonable period of time for compliance with the final report may be extended by mutual agreement of the Parties. ARTICLE 15.22 Compliance Review ```text 1. The responding Party shall deliver a written notification of its progress in ``` complying with the final report to the complaining Party at least one (1) month before the expiry of the reasonable period of time for compliance with the final report unless the Parties agree otherwise. ```text 2. The responding Party shall, no later than at the date of expiry of the reasonable ``` period of time, deliver a notification to the complaining Party of any measure that it has taken to comply with the final report. ```text 3. Where the Parties disagree on the existence of measures to comply with the ``` final report, or their consistency with the covered provisions, the complaining Party may request, in writing, that the original panel decide on the matter. Such request shall be notified simultaneously to the responding Party. ```text 4. The request shall provide the factual and legal basis for the complaint, including ``` the identification of the specific measures at issue and an indication of why any measures taken by the responding Party fail to comply with the final report or are otherwise inconsistent with the covered provisions. 15-7 <!-- page break --> ```text 5. The panel shall deliver its decision to the Parties within sixty (60) days of the ``` date of delivery of the request. ARTICLE 15.23 Temporary Remedies in Case of Non-Compliance ```text 1. If the responding Party: (a) fails to notify any measure taken to comply with the final report before the expiry of the reasonable period of time; (b) notifies the complaining Party in writing that it is not possible to comply with the final report within the reasonable period of time; or (c) the original panel finds that no measure taken to comply exists or that the measure taken to comply with the final report as notified by the responding Party is inconsistent with the covered provisions, ``` the responding Party shall, on request of the complaining Party, enter into consultations with a view to agreeing on a mutually satisfactory agreement or any necessary compensation. ```text 2. If the Parties fail to reach a mutual satisfactory agreement or to agree on ``` compensation within thirty (30) days after the date of receipt of the request made in accordance with paragraph 1, the complaining Party may deliver a written notification to the responding Party that it intends to suspend the application to that Party of benefits or other obligations under this Agreement. The notification shall specify the level of intended suspension of benefits or other obligations. ```text 3. The complaining Party may begin the suspension of benefits or other ``` obligations referred to in the preceding paragraph thirty (30) days after the date when it served notice on the responding Party, unless the responding Party made a request under paragraph 7. ```text 4. The suspension of benefits or other obligations: (a) shall be at a level equivalent to the nullification or impairment that is caused by the failure of the responding Party to comply with the final report; and (b) shall be restricted to benefits accruing to the responding Party under this Agreement. 5. In considering what benefits to suspend in accordance with paragraph 2, the complaining Party shall apply the following principles: (a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the panel has 15-8 ``` <!-- page break --> found to be inconsistent with this Agreement or have caused nullification or impairment;1 ```text (b) the complaining Party may suspend benefit in other sectors, if it considers that it is not practicable or effective to suspend benefits or other obligations in the same sector. 6. The suspension of benefits or other obligations shall be temporary and shall ``` only apply until the inconsistency of the measure with the relevant covered provisions which has been found in the final report has been removed, or until the Parties have reached a mutually agreed solution or agreed on any necessary compensation. ```text 7. If the responding Party considers that the suspension of benefits does not ``` comply with paragraphs 4 and 5, that Party may request in writing the original panel to examine the matter no later than fifteen (15) days after the date of receipt of the notification referred to in paragraph 2. That request shall be notified simultaneously to the complaining Party. The original panel shall notify the Parties of its decision on the matter no later than thirty (30) days of the receipt of the request from the responding Party. Benefits or other obligations shall not be suspended until the original panel has delivered its decision. The suspension of benefits or other obligations shall be consistent with this decision. ARTICLE 15.24 Review of any Measure Taken to Comply After the Adoption of Temporary Remedies 1. Upon the notification by the responding Party to the complaining Party of the measure taken to comply with the final report: ```text (a) in a situation where the right to suspend benefits or other obligations has been exercised by the complaining Party in accordance with Article 15.23 (Temporary Remedies in Case of Non-Compliance), the complaining Party shall terminate the suspension of benefits or other obligations no later than thirty (30) days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2; or (b) in a situation where necessary compensation has been agreed, the responding Party may terminate the application of such compensation no later than thirty (30) days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2. 2. If the Parties do not reach an agreement on whether the measure notified in ``` accordance with paragraph 1 is consistent with the relevant covered provisions within thirty (30) days after the date of receipt of the notification, the complaining Party shall request, in writing, that the original panel examine the matter. That request shall be notified simultaneously to the responding Party. The decision of the panel shall be 1 For the purposes of this paragraph, “sector” means: (i) with respect to goods, all goods; (ii) with respect to services, a principal sector as identified in the current “Services Sectoral Classification List” which identifies such sectors. 15-9 <!-- page break --> notified to the Parties no later than forty-five (45) days after the date of submission of the request. If the panel decides that the measure notified in accordance with paragraph 1 is consistent with the relevant covered provisions, the suspension of benefits or other obligations, or the application of the compensation, shall be terminated no later than fifteen (15) days after the date of the decision. If the panel determines that the notified measure achieves only partial compliance with the covered provisions, the level of suspension of benefits or other obligations, or of the compensation, shall be adapted in light of the decision of the panel. ARTICLE 15.25 Suspension and Termination of Proceedings If both Parties so request, the panel shall suspend its work for a period agreed by the Parties and not exceeding twelve (12) consecutive months. In the event of a suspension of the work of the panel, the relevant time periods under this Section shall be extended by the same period of time for which the work of the panel was suspended. The panel shall resume its work before the end of the suspension period at the written request of both Parties. If the work of the panel has been suspended for more than twelve (12) consecutive months, the authority of the panel shall lapse and the dispute settlement proceeding shall be terminated. SECTION D: GENERAL PROVISIONS ARTICLE 15.26 Choice of Forum ```text 1. Unless otherwise provided in this Article, this Chapter is without prejudice to the ``` rights of the Parties to have recourse to dispute settlement procedures available under other international trade agreements to which they are both parties. ```text 2. When a dispute arises with regard to the alleged inconsistency of a particular ``` measure with an obligation under this Agreement and a substantially equivalent obligation under another international trade agreement to which both Parties are party, including the WTO agreements, the complaining Party may select the forum in which to settle the dispute. ```text 3. Once a Party has selected the forum and initiated dispute settlement ``` proceedings under this Chapter or under the other international agreement with respect to the particular measure referred to in paragraph 2, that Party shall not initiate dispute settlement proceedings in another forum with respect to that particular measure unless the forum selected first fails to make findings on the issues in dispute for jurisdictional or procedural reasons. ```text 4. For the purpose of paragraph 3: ``` (a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 15.8 (Establishment of a Panel); 15-10 <!-- page break --> ```text (b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the DSU; and (c) dispute settlement proceedings under any other agreement are deemed to be initiated when a Party requests the establishment of a dispute settlement panel in accordance with the relevant provisions of that agreement. ARTICLE 15.27 Costs 1. Unless the Parties agree otherwise, the costs of the panel and other expenses ``` associated with the conduct of its proceedings shall be borne in equal parts by both Parties. ```text 2. Each Party shall bear its own expenses and legal costs in the panel ``` proceedings. ARTICLE 15.28 Mutually Agreed Solution ```text 1. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 15.3 (Scope of Application). 2. If a mutually agreed solution is reached during the panel procedure, the Parties ``` shall jointly notify that solution to the chairperson of the panel. Upon such notification, the panel proceedings shall be terminated. ```text 3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period. 4. No later than at the expiry of the agreed time period, the implementing Party ``` shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution. ARTICLE 15.29 Time Periods ```text 1. All time periods laid down in this Chapter shall be counted in calendar days from the day following the act to which they refer. 2. Any time period referred to in this Chapter may be modified by mutual ``` agreement of the Parties. ARTICLE 15.30 Annexes The Joint Committee may modify Annex 15A (Code of Conduct for Panellists) and Annex 15B (Rules of Procedure for the Panel). 15-11 <!-- page break --> ANNEX 15A Code of Conduct for Panellists (Referred to in Chapter 15) Definitions ```text 1. For the purposes of this Annex: (a) “assistant” means a person who, under the terms of appointment of a panellist, conducts research or provides support for the panellist; (b) “panellist” means a member of a panel established under Article 15.8 (Establishment of a Panel); (c) “proceeding”, unless otherwise specified, means the proceeding of a panel under Chapter 15 (Dispute Settlement); and (d) “staff”, in respect of a panellist, means persons under the direction and control of the panellist, other than assistants. Responsibilities to the Process 2. Every panellist shall avoid impropriety and the appearance of impropriety, shall ``` be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved. Former panellists shall comply with the obligations established in paragraphs 17 through 20 of this Annex. Disclosure Obligations ```text 3. Prior to confirmation of his or her selection as a panellist under this Agreement, ``` a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. ```text 4. Once selected, a panellist shall continue to make all reasonable efforts to ``` become aware of any interests, relationships and matters referred to in paragraph 3 and shall disclose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panellist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding. ```text 5. In the event of uncertainty regarding whether an interest, relationship or matter ``` must be disclosed, a candidate or panellist should err in favour of disclosure. Performance of Duties by Panellists ```text 6. A panellist shall comply with the provisions of Chapter 15 (Dispute Settlement) ``` and the applicable rules of procedure in Annex 15B (Rules of Procedure for the Panel). Annex 15A-1 <!-- page break --> ```text 7. Upon selection, a panellist shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence. 8. A panellist shall not deny other panellists the opportunity to participate in all aspects of the proceeding. 9. A panellist shall consider only those issues raised in the proceeding and ``` necessary to rendering a decision and shall not delegate the duty to decide to any other person. 10. A panellist shall take all appropriate steps to ensure that the panellist’s assistant and staff are aware of, and comply with, paragraphs 2, 3, 4, 19, 20 and 21. ```text 11. A panellist shall not engage in ex parte contacts concerning the proceeding. 12. A panellist shall not communicate matters concerning actual or potential ``` violations of this Annex by another panellist unless the communication is to both Parties or is necessary to ascertain whether that panellist has violated or may violate this Annex. Independence and Impartiality of Panellists 13. A panellist shall be independent and impartial. A panellist shall act in a fair manner and shall avoid creating an appearance of impropriety or bias. 14. A panellist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, prior affiliation, loyalty to a Party or fear of criticism. ```text 15. A panellist shall not, directly or indirectly, incur any obligation or accept any ``` benefit that would in any way interfere, or appear to interfere, with the proper performance of the panellist’s duties. ```text 16. A panellist shall not use his or her position on the panel to advance any personal ``` or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence the panellist. A panellist shall make every effort to prevent or discourage others from representing themselves as being in such a position. ```text 17. A panellist shall not allow past or existing financial, business, professional, ``` family or social relationships or responsibilities to influence the panellist’s conduct or judgment. ```text 18. A panellist shall avoid entering into any relationship, or acquiring any financial ``` interest, that is likely to affect the panellist’s impartiality or that might reasonably create an appearance of impropriety or bias. Duties in Certain Situations ```text 19. A panellist or former panellist shall avoid actions that may create the ``` appearance that the panellist was biased in carrying out the panellist’s duties or would benefit from the decision or report of the panel. Annex 15A-2 <!-- page break --> Maintenance of Confidentiality ```text 20. A panellist or former panellist shall not at any time disclose or use any non- ``` public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others. A panellist shall not make any public statement regarding the merits of a pending panel proceeding. ```text 21. A panellist shall not disclose a Panel Report, or parts thereof, prior to its publication. 22. A panellist or former panellist shall not at any time disclose the deliberations of ``` a panel, or any panellist’s view, except as required by legal or constitutional requirements.

Annex 15A-3 <!-- page break --> ANNEX 15B Rules of Procedure for the Panel (Referred to in Chapter 15) Timetable ```text 1. After consulting the Parties, the panel shall, whenever possible, within seven ``` (7) days from the date of composition of the panel, fix the timetable for the panel process. The indicative timetable attached to this Annex should be used as a guide. ```text 2. The panel process shall, as a general rule, not exceed one hundred twenty ``` (120) days from the date of composition of the panel until the date of the final report, unless the Parties agree otherwise. ```text 3. Should the panel consider there is a need to modify the timetable, it shall ``` consult the Parties in writing regarding the proposed modification and the reason for it and make necessary procedural or administrative adjustments as may be required. Written Submissions and other Documents ```text 4. Unless the panel otherwise decides, the complaining Party shall deliver its first ``` written submission to the panel no later than ten days (10) days from the date of composition of the panel. The responding Party shall deliver its first written submission to the panel no later than thirty (30) days after the date of delivery of the complaining Party’s first written submission. Copies shall be provided for each panellist. ```text 5. Each Party shall also provide a copy of its first written submission to the other Party at the same time as it is delivered to the panel. 6. Within five (5) days of the conclusion of the hearing, each Party may deliver to ``` the panel and the other Party a supplementary written submission responding to any matter that arose during the hearing. ```text 7. All written documents provided to the panel or by one Party to the other Party shall also be provided in electronic form. 8. Minor errors of a clerical nature in any request, notice, written submission or ``` other document related to the panel proceeding may be corrected as soon as possible by delivery of a new document clearly indicating the changes. Operation of the Panel ```text 9. The Chair of the panel shall preside at all of its meetings. The panel may delegate to the Chair the authority to make administrative and procedural decisions. 10. Panel deliberations shall be confidential. Only panellists may take part in the ``` deliberations of the panel. The Panel Report shall be drafted without the presence of the Parties in light of the information provided and the statements made. 11. Opinions expressed in the Panel Report by individual panellists shall be anonymous. Annex 15B-1 <!-- page break --> ```text 12. Except as otherwise provided in this Annex, the panel may conduct its business ``` by any means, including by telephone, facsimile transmission and any other means of electronic communication. Hearings 13. The timetable established in accordance with Rule 1 shall provide for at least one hearing for the Parties to present their cases to the panel. ```text 14. The panel may convene additional hearings if the Parties so agree. 15. All panellists shall be present at hearings. Panel hearings shall be held in closed ``` session with only the panellists and the Parties in attendance. However, in consultation with the Parties, assistants, translators or designated note takers may also be present at hearings to assist the panel in its work. Any such arrangements established by the panel may be modified with the agreement of the Parties. ```text 16. The hearing shall be conducted by the panel in a manner ensuring that the ``` complaining Party and the responding Party are afforded equal time to present their case. The panel shall conduct the hearing in the following manner: argument of the complaining Party; argument of the responding Party; the reply of the complaining Party; the counter-reply of the responding Party; closing statement of the complaining Party; and closing statement of the responding Party. The Chair may set time limits for oral arguments to ensure that each Party is afforded equal time. ```text 17. The Parties to the dispute shall make available to the panel written versions of ``` their oral statements before the panel within one (1) day. Questions ```text 18. The panel may direct questions to either Party at any time during the ``` proceedings. The Parties shall respond promptly and fully to any request by the panel for such information as the panel considers necessary and appropriate. ```text 19. Where the question is in writing, each Party shall also provide a copy of its ``` response to such questions to the other Party at the same time as it is delivered to the panel. Each Party shall be given the opportunity to provide written comments on the response of the other Party. Confidentiality ```text 20. The panel’s hearings and the documents submitted to it shall be confidential. ``` Each Party shall treat as confidential information submitted to the panel by the other Party which that Party has designated as confidential. ```text 21. Where a Party designates as confidential its written submissions to the panel, ``` it shall, on request of the other Party, provide the panel and the other Party with a non-confidential summary of the information contained in its written submissions that could be disclosed to the public no later than five (5) days after the date of request. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public. Annex 15B-2 <!-- page break --> Role of Experts ```text 22. On request of a Party, or on its own initiative, the panel may seek information ``` and technical advice from any individual or body that it deems appropriate, provided that the Parties agree and subject to such terms and conditions as the Parties agree. The panel shall provide the Parties with any information so obtained for comment. Working Language 23. The working language of the panel proceedings, including for written submissions, oral arguments or presentations, the report of the panel and all written and oral communications between the Parties and with the panel, shall be the English language. Venue ```text 24. The venue for the hearings of the panel shall be decided by agreement between ``` the Parties. If there is no agreement, the first hearing shall be held in the territory of the responding Party, and any additional hearings shall alternate between the territories of the Parties. Expenses ```text 25. The panel shall keep a record and render a final account of all general expenses ``` incurred in connection with the proceedings, including those paid to its assistants, designated note takers or other individuals that it retains. Annex 15B-3 <!-- page break --> Indicative Timetable for the Panel Panel established on xx/xx/xxxx. ```text 1. Receipt of first written submissions of the Parties: (a) complaining Party: ten (10) days after the date of the composition of the panel; (b) responding Party: thirty (30) days after (a); 2. Date of the first hearing with the Parties: fifteen (15) days after receipt of the first submission of the responding Party; 3. Receipt of written supplementary submissions of the Parties: five (5) days after the date of the first hearing; 4. Issuance of initial report to the Parties: thirty (30) days after receipt of written supplementary submissions; 5. Deadline for the Parties to provide written comments on the initial report: ten (10) days after the issuance of the initial report; and 6. Issuance of final report to the Parties: within thirty (30) days of presentation of ``` the initial report.

Annex 15B-4 <!-- page break --> CHAPTER 16 EXCEPTIONS ARTICLE 16.1 General Exceptions ```text 1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), ``` Chapter 6 (Customs Procedures and Trade Facilitation), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis. ```text 2. Without prejudice to the SPS Agreement, for the purpose of Chapter 4 (Sanitary ``` and Phytosanitary Measures), Article XX(b) of the GATT 1994 is incorporated into and forms part of this Agreement, mutatis mutandis. ```text 3. Without prejudice to the TBT Agreement, for the purpose of Chapter 5 ``` (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis. ```text 4. For the purpose of Chapter 8 (Trade in Services), Article XIV of the GATS, ``` including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis. ARTICLE 16.2 Security Exceptions ```text 1. Nothing in this Agreement shall be construed: (a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests: (i) relating to fissionable and fusionable materials or the materials from which they are derived; (ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; (iv) relating to the protection of critical public infrastructure, including, but not limited to, critical communications infrastructures, power infrastructures and water infrastructures, from deliberate attempts intended to disable or degrade such infrastructures; (v) taken in time of domestic emergency, or war or other emergency 16-1 ``` <!-- page break --> in international relations; or ```text (c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. ARTICLE 16.3 Taxation 1. Nothing in this Agreement shall apply to any direct taxation measure. 2. Nothing in this Agreement shall affect the rights and obligations of any Party ``` under any tax convention. In the event of any inconsistency between this Agreement and any tax convention, the tax convention shall prevail to the extent of the inconsistency. 16-2 <!-- page break --> CHAPTER 17 ADMINISTRATION OF THE AGREEMENT ARTICLE 17.1 Joint Committee ```text 1. The Parties hereby establish a Joint Committee. 2. The Joint Committee: (a) shall be composed of representatives of the Parties; (b) in addition to the standing committees or subcommittees expressly provided for under this Agreement; may establish or restructure standing or ad hoc subcommittees or working groups as it considers necessary to assist it in accomplishing its tasks and assign any of its powers thereto. 3. The Joint Committee shall meet within one (1) year from the entry into force of ``` this Agreement. Thereafter, it shall meet every two (2) years unless the Parties agree otherwise, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of the Parties. ```text 4. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party. 5. The functions of the Joint Committee shall be as follows: (a) to review, consider, assess, and monitor the results and overall operation of this Agreement, including improving market access in the light of the experiences gained during application of this Agreement and its objectives, including matters reported by the subcommittees or working groups or contact points; (b) to consider and recommend any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement; (c) to endeavour to amicably resolve disputes between the Parties in connection with the operation or implementation of the Agreement, without prejudice to the rights of the Parties under Chapter 15 (Dispute Settlement); (d) to supervise and coordinate the work of all committees, subcommittees and working groups established under this Agreement; (e) if requested by either Party, to propose interpretation to be given to the provisions of this Agreement; (f) to review the possibility of further removal of obstacles to trade between the Parties and the further development of the trade relationship; 17-1 ``` <!-- page break --> ```text (g) to explore ways to further enhance trade between the Parties and to further the objectives of this Agreement; (h) to consider any other matter that may affect the operation of this Agreement; (i) to adopt decisions or make recommendations as envisaged by this Agreement; and (j) to carry out any other functions as may be agreed by the Parties. 6. The Joint Committee shall establish its own working procedures. 7. Meetings of the Joint Committee and of any standing or ad hoc subcommittees ``` or working groups may be conducted in person or by any other means as determined by the Parties. ARTICLE 17.2 Communications ```text 1. Each Party shall designate a contact point to receive and facilitate official ``` communications between the Parties on any matter relating to this Agreement, unless otherwise provided in this Agreement. ```text 2. All official communications in relation to this Agreement shall be in the English ``` language. 17-2 <!-- page break --> CHAPTER 18 FINAL PROVISIONS ARTICLE 18.1 Annexes, Footnotes and Side Letters The Annexes, footnotes, and Side Letters wherever so explicitly provided therein, shall constitute an integral part of this Agreement. ARTICLE 18.2 Amendments ```text 1. Either Party may submit proposals for amendments to this Agreement to the ``` Joint Committee for its consideration. After the Joint Committee’s recommendation, the Parties shall submit such amendment to this Agreement to the Parties for approval and completion of each Party’s internal legal procedures. ```text 2. Where an amendment has been ratified, accepted or approved by a Party, it shall notify the other Party of such approval, in writing, through diplomatic channels. 3. Amendments to this Agreement shall enter into force in the same manner as ``` provided for in Article 18.5 (Entry into Force). ARTICLE 18.3 Accession Any country, group of countries or customs territory (hereinafter referred to as “acceding Party”) may accede to this Agreement, subject to such terms and conditions as may be agreed between the acceding Party and the Parties to this Agreement, and following approval in accordance with the applicable internal legal procedures of the acceding Party and the Parties to this Agreement. Such accession shall be effective sixty (60) days from the date of deposit of the instrument of accession with the Joint Committee. ARTICLE 18.4 Duration and Termination ```text 1. This Agreement shall be valid for an indefinite period. 2. Either Party may terminate this Agreement by a written notification to the other ``` Party, and the termination shall take effect six (6) months after the date of such notification. ARTICLE 18.5 Entry into Force ```text 1. The Parties shall ratify this Agreement in accordance with their internal legal ``` procedures. 18-1 <!-- page break --> ```text 2. When a Party has ratified this Agreement in accordance with its internal legal ``` procedures, that Party shall notify the other Party of such ratification, approval or acceptance in writing, through diplomatic channels, within a period of sixty (60) days. ```text 3. Unless the Parties agree otherwise, where both Parties have notified each other ``` of such ratification, approval or acceptance, this Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification. --- IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement. DONE in two originals at __________ on this ________ day of __________, 2022. ```text For the Government of the For the Government of the Republic of India United Arab Emirates H.E. Piyush Goyal H.E. Abdulla bin Touq Al Marri Minister of Commerce & Industry, Minister of Economy Consumer Affairs & Food & Public Government of UAE ``` Distribution and Textiles Government of India 18-2 <!-- page break --> ANNEX 2A Schedule of Specific Tariff Commitments of India on Trade in Goods (Referred to in Chapter 2)

Annex 2A-1 <!-- page break --> ANNEX 2B Schedule of Specific Tariff Commitments of United Arab Emirates (UAE) on Trade in Goods (Referred to in Chapter 2)

Annex 2B-1 <!-- page break --> ANNEX 8A Schedule of Specific Commitments of India on Trade in Services (Referred to in Chapter 8) Explanatory Notes to India’s Schedule of Commitments ```text 1. Alphabets indicated against individual sectors or sub-sectors and numbers ``` in brackets are references to the Services Sectoral Classification List (GATT Document MTN.GNS/W/120, dated 10 July 1991). ```text 2. The reference to “CPC” against specific sectors is a reference to the ``` Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991), except for: ```text (a) sectors where “CPC Ver. 1.1” is indicated, the reference is to the Central Product Classification (Statistical Papers Series M No. 77, Ver. 1.1, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 2002); and (b) sectors where “CPC Ver. 2” is indicated, the reference is to the Central Product Classification (Statistical Papers Series M No. 77, Ver. 2, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 2008). 3. The alphabetical and numerical divisions are only indicative of the ``` description of specific commitments, but shall not be construed as being a part of the specific commitments. ```text 4. The use of “**” against individual CPC codes indicates that the specific ``` commitment for that code does not extend to the total range of services covered under that code. Annex 8A-1 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS Modes 1), 2), 3), 4): Unbound with respect to social 1), 2), 3), 4) Taxation laws for domestic and SCHEDULE services established or maintained for a public foreign service suppliers, as per the purpose, such as income security, social security, provisions of the relevant applicable laws insurance, social welfare, public education, public and regulations shall apply. training, public health, child care, public utilities, public transport, freight transport and public 3) (i) As provided under Market Access housing. Such services may be subject to public column, and in case of collaboration with monopolies or to exclusive rights granted to private public sector enterprises or government operators. undertakings as joint venture partners, preference in access will be given to foreign 3 (i) Legal Entity service suppliers or entities which offer the (a) Unless otherwise specified in the sectoral best terms for transfer of technology. commitments, commercial presence shall take the 3) (ii) Subsidies, where granted, shall be form of incorporation of a company in India as a available only to domestic service joint venture or a wholly owned subsidiary. suppliers. (b) Certain limited activities may also be 3) (iii) In addition and without prejudice to undertaken as permitted under the Foreign equity and other restrictions specified in Exchange Management Act (FEMA) and any other sectoral commitments of this Schedule, MA applicable laws by a foreign entity through liaison and NT restrictions specified in the office/representative office, project office or branch Consolidated FDI Policy Circular of 2020 office, subject to relevant approvals. and applicable regulations of the Foreign Exchange Management Act, as revised and amended from time to time, shall be applicable, provided that any changes to the Consolidated FDI Policy Circular of 2020 shall not be applied in a manner so as to nullify or impair the benefits under the terms of a specific commitment.1 ``` 1 It is understood that with regard to equity and other restrictions specified in sectoral commitments such restrictions shall prevail over any provision of the Consolidated FDI Policy Circular of 2020 and applicable regulations of the Foreign Exchange Management Act or any amendments made thereto from time to time with regard to relevant sectoral commitments. Annex 8A-2 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments 3 (ii) In addition and without prejudice to equity and 3(iv) India reserves the right to regulate other restrictions specified in sectoral commitments payments to a foreign collaborator resulting of this Schedule, MA and NT restrictions specified from foreign technology transfer or on the in the Consolidated FDI Policy Circular of 2020 use of trademarks and brand names of the (latest) and applicable regulations of the Foreign foreign collaborator. This limitation will not Exchange Management Act, as revised and apply to UAE nationals and juridical persons amended from time to time, shall be applicable, majority owned and controlled by nationals provided that any changes to the Consolidated FDI of UAE. This limitation will be reviewed five Policy Circular of 2020 shall not be applied in a years after entry into force of the Agreement. manner so as to nullify or impair the benefits under the terms of a specific commitment.2 4) Unbound except for measures concerning the 4) Unbound except as indicated in the entry and temporary stay of a Natural Person of a market access column for the categories of Party as defined in this schedule and subject to the Natural Person of a Party as referred to in terms of the Annex on Movement of Natural the market access column and subject to the Persons. terms of the Annex on Movement of Natural Persons. Modes 1, 2, 3, 4: India reserves the right to adopt The following restrictions shall apply for all or maintain any measure that it considers categories of Natural Persons specified in necessary to protect its national security interests. the column on Market Access: (a) Taxation laws for domestic and foreign service suppliers, as per the provisions of the relevant applicable laws and regulations shall apply; ``` 2 It is understood that with regard to equity and other restrictions specified in sectoral commitments such restrictions shall prevail over any provision of the Consolidated FDI Policy Circular of 2020 and applicable regulations of the Foreign Exchange Management Act or any amendments made thereto from time to time with regard to relevant sectoral commitments. It is further understood that India’s commitments are without prejudice to any policies or regulations that it may maintain with a view to ensuring national security. Annex 8A-3 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (b) Subsidies, where granted, shall be available only to natural persons who are citizens of India. Modes 1, 2, 3, 4: India reserves the right to adopt or maintain any measure that it considers necessary to protect its national security interests. Categories of Natural Persons Business Visitors will have access in all sectors and sub-sectors committed, and Intra-Corporate Transferees will have access in all sectors and sub- sectors where Mode 3 has been committed, unless specified in the sectoral section. Access of contractual service suppliers to India shall be available only in the specific service sector as given in this schedule. (A) Business visitor means a natural person who seeks temporary entry in India for the following purposes: (i) for negotiating and entering into agreements for supply of services, where such negotiations do not involve making of direct sales to the general public or in supplying services directly; or (ii) for negotiating sale of goods (including distribution or retailing arrangements), where such negotiations do not involve direct sales to the general public; (iii) an investor or an employee of an investor (who is a manager, executive or specialist as defined under this schedule) for establishing Annex 8A-4 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments investments. or (iii) as an advisor to a person described in sub-paragraphs (i) to (iii) of this sub-clause (A), so long as any such advisory role is solely confined to that person, and does not involve any direct dealings with the general public. Duration: Entry and temporary stay of business visitors shall be granted for a period of 5 years with 180 days stay stipulation on a single visit, provided the business visitors meet the required criteria for the grant of temporary entry and: a. presents proof of nationality; and b. does not receive any remuneration from a source located within the Party granting the visa. (B) Intra-corporate transferee means the natural person who is employed by a juridical person with a commercial presence in India, who is being transferred to a branch or a representative office or an affiliate or subsidiary on a temporary basis, and who belong to the category of employees including a manager, executive or specialist as defined below: (i) (a) Manager means a natural person who directs a branch office or one or more departments as their head, or supervise or control the work of other supervisory, professional or managerial personnel and have the authority to appoint or remove the personnel and powers to exercise Annex 8A-5 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments discretionary authority over day-to-day operations; (ii) (b) Executive means a natural person who is in a senior position within a juridical person including a branch who primarily directs the management, has wide decision-making powers and either is a member of the board of directors or receives directions from the board or the general body of shareholders; (c)Specialist means a natural person within an organisation who possess high qualifications and knowledge at an advanced level relevant to the organisation's activities or of the organisation's research, equipment, techniques or management and may include persons who are members of accredited professional bodies. Duration: Entry and temporary stay of intra- corporate transferees, shall be granted for a period of one year or the period of the contract, whichever is less, subject to any other condition prescribed under India’s immigration regulations. (C) Contractual service supplier means a natural person who is an employee of a juridical person of a Party who seeks temporary entry in to the other Party where the employer juridical person does not have a commercial presence, in order to perform a service pursuant to a contract between his/her employer and a person located in the other Party, for which such natural person possesses appropriate educational and other qualifications relevant to the service to be provided, and has obtained wherever necessary, registration with the Annex 8A-6 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments relevant professional body, provided that the service contract pursuant to which such natural person seeks temporary entry, has to be obtained in one of the professional activities or sectors listed in this schedule, including training functions or conducting seminars related to such professional activities or sectors, and the remuneration in respect of such service contract should be payable solely to the employer of the natural person. The contract has to be obtained in one of the sectors listed below and subject to the conditions inscribed in the Annex on Movement of Natural Persons and additional conditions, if any, mentioned in the sub-sector:  Engineering Services (CPC 8672)  Integrated Engineering Services (CPC 8673)  Architectural Services (CPC 8671)  Urban Planning and landscape Architectural Services (CPC 8674)  Computer and Related Services (CPC 841, 842, 843, 844, 845+849))  R&D Services (CPC 85101; CPC 85103; CPC 85104)  R&D Services on social sciences and humanities, excluding law CPC 852**  Management Consulting Services (excluding all services relating to legal consultancy) (CPC 86501**, 86502**, 86503**, 86505**, 86506**, 86509**)  Services related to Management Consulting – excluding all services relating to legal consultancy (CPC 86601) Annex 8A-7 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments  Language Teachers (of any foreign language other than English)  Hotel and other lodging services (CPC Ex. 641)  Travel agency and tour operator services (CPC 7471) Duration: Entry and temporary stay of contractual service suppliers shall be granted for a period of one year or the period of contract, whichever is less, on presentation of: (a) Proof of nationality of the other Party; (b)Documentation evidencing and describing the purpose of entry, including the letter of contract from the entity engaging the services of the natural person in the host Party; and (c) Documentation demonstrating the attainment of the relevant minimum educational requirements, qualifications or alternative credentials. ``` II. SECTOR SPECIFIC COMMITMENTS 1. BUSINESS SERVICES A. Professional Services ```text (b) Accounting and Book 1) None 1) None Keeping Services (CPC 2) None 2) None 862**) 3) Unbound 3) Unbound 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the (excluding Auditing section horizontal section and further subject to Services) the requirement of obtaining professional indemnity insurance from Annex 8A-8 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments home country of service provider 1), 2), 4): Services requiring use of title of Chartered Accountant or Cost & Works Accountant under applicable domestic laws can be rendered only subject to registration with relevant professional body under a scheme of reciprocity. (d) Architectural 1) None 1) None Services (CPC 8671) 2) None 2) None 3) None except that commercial presence would 3) None be only through incorporation as partnership firm constituted by Architects. 1), 2), 3): Services requiring use of title and 4) Unbound except for the categories of natural style of ‘Architect’ under applicable national persons specified in the horizontal section who: law shall be subject to registration with relevant professional body under a scheme (a) undertakes the function as a consultant or of reciprocity. designer in India for a specific project with the prior permission of the Central Government; or 4) Unbound except for the categories of persons indicated in the market access (b) is recognised as an ‘Architect’ under applicable column and subject to restrictions specified national laws, subject to registration with relevant in the horizontal section professional body under a scheme of reciprocity between India and the government of the country of origin of such person. (e) Engineering Services 1) None 1) None (CPC 8672) 2) None 2) None 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section Annex 8A-9 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (f) Integrated 1) None 1) None engineering services 2) None 2) None (CPC 8673) 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section (g) Urban planning and 1) None 1) None landscape 2) None 2) None architectural services 3) None except that commercial presence would 3) None (CPC 8674) be only through incorporation as partnership firm constituted by Architects. 1), 2), 3): Services requiring use of title and 4) Unbound except for the categories of natural style of ‘Architect’ under applicable persons specified in the horizontal section who: national law shall be subject to registration with relevant professional (a) undertakes the function as a consultant or body under a scheme of reciprocity. designer in India for a specific project with the prior permission of the Central Government; or 4) Unbound except for the categories of persons indicated in the market access (b) is recognised as an ‘Architect’ under applicable column and subject to restrictions national laws, subject to registration with relevant specified in the horizontal section professional body under a scheme of reciprocity between India and the government of the country of origin of such person. ``` (h) Medical and Dental 1) None for provision of services on provider-to- 1) Unbound except as provided in the Services (CPC 9312) provider basis such that the transaction is between market access column established medical institutions covering areas of second opinion to help in diagnosis of cases or in 2) None the field of research. 2) None 2) Commercial presence subject to the condition 3) Professionals qualified outside India ```text that the latest technology for treatment will be can practice medicine for charitable brought in and as provided in national treatment purposes, and dentistry for teaching column. and research purposes subject to permissions from relevant authorities Annex 8A-10 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments under the applicable domestic laws. Publicly funded services will be available only to Indian citizens or will be supplied at differential prices to persons other than Indian citizens. 4) Unbound except for categories of natural 4) Unbound except for the categories of persons specified in the horizontal section, who persons indicated in the market access are involved in charitable purposes, and subject column and subject to restrictions to permissions from relevant authorities. specified in the horizontal section. (i) Veterinary services 1) None 1) None (CPC 932) 2) None 2) None 3) None 3) None 4) Unbound except as in the horizontal 4) Unbound except as in the horizontal section section (j) Services provided by 1) None for provision of services on provider-to- 1) Unbound except as provided in the midwives, nurses, provider basis such that the transaction is market access column physiotherapists and between established medical institutions 2) None. ``` para-medical covering areas of second opinion to help in ```text personnel 3) Publicly funded services may be (CPC 93191) diagnosis of cases or in the field of research. available only to Indian citizens or may be supplied at differential prices to persons 2) None. other than Indian citizens. 3) None, subject to the condition that the latest technology for treatment will be brought in and 4) Unbound except as indicated in the as provided in national treatment column. horizontal section. 4) Unbound except as indicated in the horizontal section. B. Computer and 1) None 1) None Related Services 2) None 2) None Annex 8A-11 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (CPC 841, 842, 843, 3) None 3) None 844, 845+849) 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. ``` C. Research and Development Services Explanatory Note: Commitment on Research and Development Services does not include accessing biological resources for the purposes of R&D, or transfer of results based on R&D of biological resources accessed in India. ```text (a) R&D services on the 1) None 1) None following natural 2) None 2) None sciences only: 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the Heat, light, section. horizontal section. electromagnetism, astronomy, but excluding atomic ``` energy and related matters (CPC 85101) ```text Engineering and ``` technology, including applied science and ```text technology for casting, metal, ``` machinery, electricity, communications, ```text vessels, aircrafts, civil engineering, construction, information, etc. (CPC 85103) R&D services in 1) None 1) None Agricultural Sciences 2) None 2) None (CPC 85104) 3) Unbound 3) Unbound 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal Annex 8A-12 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments section. (b) R&D services on social sciences and 1) None 1) None humanities, excluding law 2) None 2) None (CPC 852**) 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. (c) Interdisciplinary R & D 1)None 1) None Services (CPC 853) 2) None 2) None 3) Unbound 3) Unbound 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal section. D. Real Estate Services 1) None 1) None 2) None 2) None (b) On a fee or contract 3) None 3) None basis (CPC 822**) 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal section E. Rental/Leasing Services (without operators, excluding any financial leasing services) a) Rental/leasing services 1) None 1) None without operators relating 2) None 2) None to ships (83103) 3) None 3) None except that prescribed minimum (excluding the services of 4) Unbound except as in the horizontal section. capitalisation norms must be adhered to. actual international 4) Unbound except as in the horizontal transport of Cargo) section. Annex 8A-13 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments 1) None 1) None 2) None 2) None 3) None 3) None except that prescribed (b) Rental/ leasing 4) Unbound except as in the horizontal minimum capitalisation norms must be services without section adhered to. operators relating to 4) Unbound except as in the horizontal aircraft section (CPC 83104) (c) Rental/ leasing 1) Unbound 1) Unbound services without 2) None 2) None operators relating to 3) None 3) None except that prescribed minimum other transport capitalisation norms must be adhered to. equipment (CPC 83101 + 83102 + 4) Unbound except as in the horizontal 83105) (excluding section Railroad Transport & 4) Unbound except as in the horizontal section ``` Multimodal Transport) Annex 8A-14 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments 1) Unbound 1) Unbound (d) Rental/ leasing 2) None 2) None services without 3) None 3) None except that prescribed minimum operators relating to 4) Unbound except as in the horizontal section. capitalisation norms must be adhered to. other machinery and 4) Unbound except as in the horizontal equipment (CPC section. 83106 –83109) 1) Unbound 1) Unbound (e) Rental/ leasing 2) None 2) None services concerning 3) None 3) None except that prescribed minimum personal and 4) Unbound except as in the horizontal section. capitalisation norms must be adhered to. household goods 4) Unbound except as in the horizontal (CPC832) section F. OTHER BUSINESS SERVICES (a) Advertising Services 1) None, subject to the requirement that foreign 1) None, subject to the requirement that channels must seek advertising for the down majority of content would be created Sale or leasing services of link beam through domestic entities and foreign locally by Indian nationals advertising space or time print media must seek advertisement through (CPC 87110) domestic entities. 2) None 2) None 3) None, except that persons controlling 3) None, except as provided in national treatment management of the company in India shall Planning, creating column be resident in India. and placement 4) Unbound except as in the horizontal services of 4) Unbound except as in the horizontal section. section. ``` advertising (CPC 87120) Annex 8A-15 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments 1) None 1) None (c) Management 2) None 2) None consulting services 3) None 3) None excluding all services 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the relating to legal section. horizontal section. ``` consultancy (CPC 86501**, 86502**, 86503**, 86505**, 86506**, 86509**) ```text (d) Services related to 1) None 1) None management 2) None 2) None consulting (CPC 3) None 3) None 86601) 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section. (e) Technical testing 1) None 1) None and analysis services 2) None 2) None ( (CPC 8676) 3) None 3) None 4) Unbound except as indicated in the horizontal section. 4) Unbound except as indicated in the horizontal section. (g) Services incidental to 1) None 1) None fishing (CPC 882) 2) None 2) None 3) None subject to requirements as may be 3) None subject to requirements as may be specified under relevant state and local level specified under relevant state and local laws and regulations. level laws and regulations. 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal section. (h) (i) Service incidental to 1) None 1) None Mining (CPC 883) 2) None 2) None (ii) Site preparation work 3) None subject to requirements as may be 3) None subject to requirements as may be for mining (CPC 5115) specified under relevant state and local level specified under relevant state and local Annex 8A-16 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments laws and regulations. level laws and regulations. 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal section. (j) Services 1) None 1) None incidental to energy 2) None 2) None distribution (CPC 887** 3) None subject to requirements as may be 3) None subject to requirements as may be limited only to specified under relevant state and local level specified under relevant state and local consultancy services laws and regulations. level laws and regulations. related to the transmission and 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal distribution on a fee or section. contract basis of electricity) (k) Placement and supply 1) None 1) None services of Personnel 2) None 2) None (CPC 872) 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. (m) Related Scientific and 1) None 1) None technical consulting 2) None 2) None services (CPC 8675**) – 3) Unbound 3) Unbound excluding Map Making – 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the CPC 86754 and section. horizontal section. hydrographic related surface surveying services (n) Maintenance and 1) None 1) None repair of equipment 2) None 2) None (CPC 633) 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. (o) Building-cleaning 1) None 1) None services 2) None 2) None Annex 8A-17 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (CPC 874) 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. (p) Photographic 1) None 1) None Services excluding 2) None 2) None aerial photography, 3) None satellite pictures and 4) Unbound except as in the horizontal section 3) None satellite enabled 4) Unbound except as in the horizontal photography section (CPC 875**) (q) Packaging Services 1)None 1) None (CPC 876) 2)None 2) None 3)None 3) None 4)Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. (s) Convention services 1) None 1) None (CPC 87909*) 2) None 2) None 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section (t) Specialty design 1) None 1) None services 2) None 2) None (CPC 87907**) 3) None except that commercial presence 3) None except as provided in MA column would be only through incorporation as partnership firm constituted by Architects. 4) Unbound except as indicated in the 4) Unbound except for the categories of horizontal section for natural persons falling under persons indicated in the market access a specified category who: column and subject to restrictions specified in the horizontal section (a) undertakes the function as a consultant or designer in India for a specific project with the prior 1), 2), 3): Services requiring use of title and permission of the Central Government; or style of ‘Architect’ under applicable national law can be rendered only subject to Annex 8A-18 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (b) is recognised as an ‘Architect’ under applicable registration with relevant professional body national laws, subject to registration with relevant under a scheme of reciprocity. professional body under a scheme of reciprocity between India and the government of the country of origin of such person. Duplicating Services 1) None 1) None (CPC 87904) 2) None 2) None 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section Translation and 1) Unbound 1) Unbound interpretation services 2) Unbound 2) Unbound (CPC 87905) 3) None 3) None 4) Unbound, except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section ``` Other: Telephone based support ```text services 1) None 1) None (i)Telephone call centre 2) None 2) None services (CPC Ver. 1.1/2 - 3) None 3) None 85931): 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section ``` This subclass includes:- a) taking orders for clients by telephone b) soliciting contribution or providing information for clients by telephone c) telemarketing, and Annex 8A-19 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (ii) Other telephone- ``` based support services (CPC Ver. 1.1/2 - 85939): This subclass includes: a) telephone answering services ```text b) telephone wake-up ``` services 2C. TELECOMMUNI- ```text CATION 1) Unbound 1) Unbound SERVICES3 2) None 2) None 3) The service will be permitted to be provided as 3) (i) None except the following: a) Voice telephone per license agreement4 only after the operator  The Chief Officer in charge of services (CPC gets a licence from the Designated Authority. Technical Network Operations, 7521**) + Cellular The operator should be a company Chief Security Officer and mobile telephone registered in India with maximum foreign officer/officials of the licensee b) Packet switched investment direct and/or indirect not exceeding Data Transmission 74 percent. companies dealing with the lawful Services (CPC inception of messages should be 7523**) For foreign investment more than 49%, resident Indian citizens. (i) Radio Paging Government approval would be required.  The majority Directors on the Board Services of the licensee company shall be (ii) Internet Services Number of licenses, may, however, be limited Indian citizens. c) Circuit switched data due to scarce resources such as right of way transmission and spectrum availability subject to a minimum  The positions of the Chairman, services (CPC of two licenses in each service area. managing Director, Chief Executive ``` 3Excluding broadcasting services and measures affecting such services. 4 The License Agreement includes terms and conditions of the license for providing service. Annex 8A-20 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments 7523**) Officer and/or Chief Financial d) Telex Service (CPC Resale of telephone services is not permitted. Officer, if held by foreign nationals, 7523**) would require to be security vetted ``` e) Telegraph Services by Ministry of Home Affairs in India (CPC 7522**) ```text f) Facsimile Services annually. (CPC7521**+  All foreign personnel likely to be 7529**) deployed by the licensee for g) Private Leased installation, operation and Circuit Services maintenance of the licensee’s (CPC7522**+7523** network shall also be security ``` ) cleared by the Government of India ```text 4) Unbound except as indicated in the horizontal prior to their deployment. section. 3 (ii) Unbound for Indian Government Public Sector Undertakings 4) Unbound except as indicated in the horizontal section. Data and Message transmission services, in 1) None except the provision of all services is 1) None the following: subject to commercial arrangements with h) Electronic mail (CPC licensed Telecom service suppliers. 7523) 2) None 2) None i) Voice mail (CPC 3) The service will be permitted to be provided as 3) None 7523) per license agreement only after the operator, j) On-line information incorporated as a company in India, gets a and data base licence from the Designated Authority. retrieval (CPC 7523) k) Electronic Data For foreign investment more than 49%, Interchange (EDI) Government approval would be required. (CPC 7523**) l) Enhanced/value 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the added facsimile section. Horizontal section. Annex 8A-21 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments ``` services, including store and forward, store and retrieve (CPC 7523) n) On-line information and data processing (CPC 843**) ```text D. Audiovisual Services 1) Unbound 1) Unbound 2) Unbound* 2) Unbound* (a) Motion picture or 3) None, except that Import of titles restricted to 3) None video tape production 100 per year. 4) Unbound except as indicated in the services: (CPC 96112) 4) Unbound except as indicated in the horizontal horizontal section. section. Motion picture or video distribution services (CPC 96113) Sound recording services 1) None 1) None (CPC Ver.2 9611): 2) None 2) None • Sound recording 3) None 3) None services: (CPC Ver. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as indicated in the 2 96111) commitments horizontal commitments • Live recording ``` services: (CPC Ver. 2 96112) ```text • Sound recording ``` originals: (CPC Ver. 2 96113) ```text Audiovisual post- ``` production services (CPC Ver.2 9613): ```text Audiovisual editing Annex 8A-22 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments services (CPC Ver.2 96131); Transfers and duplication of masters services (CPC Ver.2 96132); Colour correction and digital ``` restoration services (CPC Ver.2 96133); ```text Visual effects ``` services (CPC Ver.2 96134); Animation services (CPC Ver.2 96135); Captioning, titling and subtitling services (CPC Ver.2 ```text 96136); Sound ``` editing and design services (CPC Ver.2 96137); Other post-production services (CPC Ver.2 96139) ```text 3. CONSTRUCTION 1) None 1) None AND RELATED 2) None 2) None ENGINEERING 3) None 3) None SERVICES 4) Unbound except as indicated in the horizontal A. General construction section. 4) Unbound except as indicated in the work for buildings horizontal section. ``` (CPC 512) B. General Construction ```text work for civil engineering (CPC 513) C. Installation and Annex 8A-23 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments assembly work ``` (CPC 514+516) D. Building completion and finishing work (CPC 517) E. Other CPC 511+515+518) 4. DISTRIBUTION SERVICES (EXCLUDING E-COMMERCE AND LIVE ANIMALS) ```text A. Commission agents’ 1) None 1) None services covering 2) None 2) None sales on a fee or 3) None, subject to approval of Reserve Bank of 3) None, except as provided in the market contract basis of: India (“RBI”)/ Government and conformity with access column Agricultural raw Foreign Exchange Management Act (“FEMA”) materials regulations, as applicable and except for (CPC 62111**) requirements as may be specified under relevant Food products state and local level laws and regulations. excluding beverages and tobacco 4) Unbound, except as in the horizontal 4) Unbound, except as indicated in the (CPC 62112**) commitments. horizontal commitments. Machinery, industrial equipment and vehicles other than motor vehicles, bicycles and ``` motorcycles (CPC 62114) Furniture, household goods, hardware and ```text iron mongery (CPC 62115) Textiles, clothing Annex 8A-24 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments and footwear (CPC 62116) B. Wholesale trade 1) None 1) None services 2) None 2) None Agricultural raw materials excluding live animals 3) None, subject to approval of RBI/ Government (CPC 6221**) and conformity with Foreign Exchange Food excluding Management Act (FEMA) regulations, as beverages and applicable and requirements as may be 3) None, except as provided in the MA tobacco (CPC 6222**) specified under relevant state and local level column laws and regulations. Textiles, clothing and 4) Unbound except as in the horizontal footwear (CPC 6223) commitments. ``` Household appliances, articles and equipment (6224) 4) Unbound, except as in the horizontal ```text Miscellaneous commitments. consumer goods ``` (6226) Machinery, equipment ```text and supplies (CPC 6228) C. Single Brand Product 1) Unbound 1) Unbound Retail Services (excluding in 2) Unbound 2) Unbound prohibited sectors as specified in India’s 3) Foreign investment up to 51% allowed subject 3) Unbound Consolidated FDI to conformity with India’s Consolidated FDI Policy Circular of 2020 Policy Circular of 2020 and Foreign Exchange 4) Unbound except as in the horizontal Annex 8A-25 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments and in natural gas and Management Act (FEMA) regulations and any section. ``` petroleum and natural other laws and regulations including at gas products, tobacco state/local level, as applicable. and liquor and subject ```text to the conditions mentioned in India’s 4) Unbound except as in the horizontal section. Consolidated FDI Policy Circular of 2020 and applicable regulations under the Foreign Exchange ``` Management Act.) ```text D. Franchising Services in 1) Unbound 1) Unbound respect of Single Brand retailing 2) Unbound 2) Unbound ``` services as specified in category C above 3) None subject to approval of RBI and conformity 3) Unbound ```text (franchising services with India’s Consolidated FDI Policy Circular of for tobacco and liquor 2020 with respect to Single Brand Product excluded). Retail trading and Foreign Exchange Management Act (FEMA) regulations and any other laws and regulations, including at state/local level, as applicable. 4) Unbound except as in the horizontal section. 4) Unbound except as in the horizontal section. 5. EDUCATIONAL SERVICES C. Higher Education 1) None subject to the condition that service 1) None Services (CPC 923) providers would be subject to regulations, as 2) None applicable to domestic providers in the country 3) None subject to relevant laws and of origin and subject to terms and conditions of regulations approval from relevant authority in India for 4) Unbound except as in the horizontal Annex 8A-26 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments educational programmes leading to award of a section. recognised degree, diploma, doctoral programmes, etc. 2) None 3) None subject to the condition that fees to be charged can be fixed by an appropriate authority and that such fees do not lead to charging capitation fees or to profiteering. Subject further to such regulations, already in place or to be prescribed by the appropriate regulatory authority including at State / Local levels. 4) Unbound except as in the horizontal section. ``` 6. ENVIRONMENTAL SERVICES (Excluding ```text environmental 1) None 1) None services provided by 2) None 2) None public utilities and 3) None 3) None governmental 3) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the authorities) section. horizontal section. B. Refuse Disposal ``` Services (CPC 9402) C. Sanitation and Similar Services (CPC 9403) 7. FINANCIAL SERVICES The commitments in financial services are made in accordance with the General Agreement on Trade in Services and the Annex on Financial Services. All the commitments are subject to entry requirements, domestic laws, rules, regulations, guidelines and the terms and conditions of the Reserve Bank of India, Securities and Exchange Board of India, Insurance Regulatory and Development Authority of India and any other competent authority in India. Annex 8A-27 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments The sectors / sub-sectors listed below are in accordance with the listing in the Annex on Financial Services of the GATS. A. Insurance and 1) Unbound 1) Unbound Insurance Related 2) Unbound 2) Unbound Services 3) None, except that commercial presence would 3) None subject to requirements specified be through incorporation of a company with under relevant laws and regulations. Life Insurance foreign investment not exceeding 49 per cent 4) Unbound except as indicated in the [5(a) (i) (A)] and subject to fulfilment of minimum horizontal section capitalisation norms. 4) Unbound except as indicated in the horizontal section Non-life insurance 1) Unbound except in the case of insurance of 1) Unbound freight, where there is no requirement that 2) Unbound [5(a) (i) (B)] goods in transit to and from India should be 3) None subject to requirements specified insured with Indian insurance companies only. under relevant laws and regulations. Insurance is taken by the buyer or seller in accordance with the terms of the contract. This position will be maintained. Once under a contract the Indian importer or exporter agrees to assume the responsibility for insurance such as in the case of f.o.b. 4) Unbound except as indicated in the contracts for imports into India or c.i.f. horizontal section contracts for exports from India, insurance has to be taken only with an Indian insurance company. 2) Unbound 3) None except that commercial presence would be through incorporation of a company with foreign investment not exceeding 49 per cent and subject to fulfilment of minimum capitalisation norms. 4) Unbound except as indicated in the horizontal section Reinsurance and 1),2) Reinsurance can be taken with foreign 1) Unbound Annex 8A-28 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments retrocession reinsurers to the extent of the residual 2) Unbound 5(a)(ii) uncovered risk after obligatory or statutory 3) Unbound placements domestically with Indian insurance 4) Unbound except as indicated in the companies. horizontal section 3) None except that commercial presence would be through incorporation of a company with foreign investment not exceeding 49 % and subject to fulfilment of minimum capitalisation norms. 4) Unbound except as indicated in the horizontal section Insurance 1),2) Reinsurance of domestic risks can be placed 1) Unbound intermediation, with foreign reinsurers through overseas brokers, 2) Unbound limited to reinsurance to the extent mentioned under reinsurance and 3) Unbound Ex. 5(a)(iii) retrocession. 4) Unbound except as indicated in the 3) (i) Overseas brokers are allowed to have horizontal section resident representatives and representative offices who can procure reinsurance business from Indian insurance companies to the extent mentioned above. They can also place reinsurance business from abroad with Indian insurance companies. (ii) Except for the business indicated above, the resident representatives and representative offices cannot undertake any other activity in India. (iii) All expenses of the resident representatives and representative offices have to be met by remittances from abroad and no income can be received in India from Indian residents. 4) Unbound except as indicated in the horizontal Annex 8A-29 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments section Services auxiliary to 1) None 1) None, except for certification and insurance: residency requirements for actuarial consultancy, 2) Unbound services. actuarial, risk 3) None subject to the condition that foreign assessment companies can be established through 2) Unbound Ex.[5 (a) (iv)] incorporation with foreign equity not exceeding 3) Unbound 51%. In the case of Actuarial and Advisory Services, formal certification by Actuarial Society of India would be required. 4) Unbound except as in the horizontal section 4) Unbound except as in the horizontal section B. Banking and other financial services (excluding insurance) Acceptance of deposits 1) Unbound 1) Unbound and other repayable funds 2) Unbound 2) Unbound from the public 3) (i) In each of the services given below in which 3) (i) Wholly owned subsidiaries of banks 5(a)(v) commitments are being undertaken for would be subject to guidelines by Lending of all types, Banking and non-banking financial services Reserve Bank of India. including consumer companies, access is subject to fulfilment of credit, mortgage credit, minimum capitalisation norms and subject to (ii) Public sector enterprises can invest Factoring and financing of regulations of the Reserve Bank of India and surplus funds in term deposits only with commercial transactions any other competent authority in India. scheduled commercial banks 5(a)(vi) incorporated in India; their investment of (ii) The applicable legal form of presence for all surplus funds in term deposits with wholly activities listed in this section of the Schedule, owned subsidiaries would be subject to All payment and money except where separately specified under the applicable guidelines/ law. transmission services specific sub-sectors, shall be only through one of ``` including credit, charge the three channels, i.e.: and debit cards, travellers (a) branch operations of a foreign bank with cheques and bankers' numerical limits in accordance with India’s GATS drafts 5(a)(viii) Annex 8A-30 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments Guarantees and commitments (GATS/SC/42/Suppl.4)5or ``` commitments 5(a)(ix) (b)as a wholly owned subsidiary (WOS) of a foreign ```text Trading for own account bank licensed and supervised as a bank in its of the following home country; or (Ex.5(a)(x): (A)money market instruments (including cheques, bills, ``` certificates of deposits) (B)foreign exchange (E)transferable securities ```text Clearing services for other (c) through foreign investment by a foreign bank in banks for cheques, a private sector bank in India through FDI, subject drafts and other to foreign investment ceiling of 49 per cent. instruments Ex. 5(a)(xiv) Provided that the single mode of presence under (a) or (b) shall be subject to the following requirements: - opening of branches by foreign banks in branch or WOS mode shall also be subject to the requirements regarding economic needs tests, reciprocity, inclusive banking and any other prudential requirements, that may be specified by the Reserve Bank of India. - the branch operations or WOS can also hold investment not exceeding five percent in a private sector bank in India. ``` 5India’s commitment on numerical limits for branch operations is as per its GATS commitment, with no special dispensation to the Parties to this Agreement Annex 8A-31 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments In the private sector banks under sub-clause (c), any acquisition and maintenance of five per cent or more of the paid-up capital or voting rights of the bank by a single entity or group of related entities shall be subject to prior approval of the Reserve Bank and periodic assessment of the concerned shareholder by the concerned bank. Foreign banks shall not acquire any fresh stake in a bank’s equity shares, if by such acquisition, the investing bank’s holding is 10 per cent or more of the investee bank’s equity capital. (iii) Banks are allowed to install ATMs at branches and other places identified by them. Installation of ATM at a place other than in licensed branches is treated as a new place of business and requires a license. Licenses issued for ATMs installed by foreign banks will not be included in the numerical ceiling referred to in item (ii) above. Investments in other financial services companies by branches of foreign banks licensed to do banking business in India individually not to exceed 10 per cent of owned funds or 30 per cent of the invested company's capital whichever is lower. (iv) Licences for new foreign bank branches may be denied when the maximum share of assets in India both on and off balance sheet of foreign banks to total assets both on and off balance sheet of the banking system exceeds 15 per cent. (v)Restrictions would be placed on further entry of new wholly owned subsidiary of foreign banks, when the capital and reserves of foreign banks (i.e., WOSs and foreign bank branches) in India exceed 20% of the capital and reserves of the Annex 8A-32 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments banking system. In such eventuality prior approval of RBI will be required for capital infusion into the existing WOSs of foreign banks. (vi) Foreign banks are subject to non- discriminatory resource allocation requirements. For transferable securities [ 5 (a) (x) (E) ] For transferable securities [ 5 (a) (x) (E) ] (vii)In addition to the above, commercial presence through locally incorporated joint venture (iii) Unbound except for entities established company with foreign investment not in accordance with the limitations exceeding 74 per cent. The foreign investment specified in the market access column. participation will be limited to recognised foreign stock broking companies. 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section - Factoring; 1) Unbound 1) Unbound - Venture Capital; 2) Unbound 2) Unbound - Financial Leasing 3) Allowed for foreign financial services 3) Unbound except for entities 5(a)(vii); companies (including banks) through established in accordance with the limitation incorporation. specified in the market access column. 4) Unbound except as indicated in the horizontal section 4) Unbound except as indicated in the horizontal section - Participation in 1) Unbound 1) Unbound issues of all kinds 2) Unbound 2) Unbound of securities, 3) a. Allowed for foreign bank branches licensed 3) Unbound except for entities including to do banking business in India established in accordance with the limitation underwriting and b. Allowed for foreign financial services specified in the market access column. placement as companies (excluding banks) through 4) Unbound except as indicated in agent (whether incorporation with foreign equity not exceeding the horizontal section publicly or 74%. privately) and c. Allowed for banks through incorporation with provision of foreign equity not exceeding 51%. Annex 8A-33 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments services related to such issues 5(a)(xi) 4) Unbound except as indicated in the horizontal section Asset Management, such 1) Unbound 1) Unbound as cash or portfolio 2) Unbound 2) Unbound management, all forms of 3) (i) Access is subject to fulfilment of minimum 3) None except as indicated in market collective investment capitalisation norms, and subject to access column. management, custodial, regulations of the Reserve Bank of India and 4) Unbound except as indicated in the depository and trust any other competent authority in India. horizontal section services (ii) Commercial presence would be through 5(a)(xiii) incorporation as a company in India 4) Unbound except as indicated in the horizontal section Money broking 5(a)(xii) 1) 2) and 3) Unbound 1) 2) and 3) Unbound 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section Provision and transfer of 1) None 1) None financial information, 2 None 2) None and financial data processing and 3) None 3) None ``` related software by suppliers of other 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the ```text financial services 5 horizontal section section (a) (xv) Financial consultancy services, i.e. financial 1) Unbound 1) Unbound advisory services 2) Unbound 2) Unbound provided by financial 3) (i) Allowed for Foreign banks licensed to do 3) None advisers, etc. to banking business in India. 4) Unbound except as indicated in the customers on financial (ii) Allowed for foreign financial services companies horizontal section matters, investment and (including banks) through incorporation Annex 8A-34 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments portfolio research and 4) Unbound except as indicated in the horizontal advice, advice on section acquisitions and on corporate restructuring and strategy Ex. ``` 5(a)(xvi) 8. HEALTH-RELATED ```text AND SOCIAL 1) None for provision of services on provider-to- 1) None. SERVICES provider basis such that the transaction is 2) None between two established medical institutions, 3) None, except that Publicly funded A. Hospital Services covering the areas of second opinion to help in services will be available only to Indian (CPC 9311) diagnosis of cases or in the field of research. citizens or will be supplied at differential 2) None prices to persons other than Indian 3) None except that Commercial presence subject citizens to the condition that the latest technology for 4) Unbound except as indicated in the treatment will be brought in. horizontal section. 4) Unbound except as indicated in the horizontal section. None for charitable purposes. 9. TOURISM AND 1) None TRAVEL-RELATED 1) None 2) None SERVICES 2) None 3) None 3) None 4) Unbound except as indicated in the A. Hotels and other 4) Unbound except as indicated in the horizontal horizontal section. lodging services section. ``` (CPC 641- 643) ```text B. Travel Agency 1) None 1) None and Tour Operator 2) None 2) None Services 3) None 3) None 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the (CPC 7471) section. horizontal section. C. Tourist Guides 1) Unbound* 1) Unbound* Annex 8A-35 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments Services (CPC 2) None 2) None 7472) 3) Numerical ceiling in relation to the number of 3) None tourist guides for the India-UAE CEPA will be in 4) Unbound except as indicated in the accordance with the India’s Revised Offer horizontal section. number TN/S/O/IND Rev.1* dated 24 August 2005 under the WTO General Agreement on Trade in Services. The current limit is 500 guides. 4) Numerical ceiling in relation to the number of tourist guides for the India-UAE CEPA will be in accordance with the India’s Revised Offer number TN/S/O/IND Rev.1* dated 24 August 2005 under the WTO General Agreement on Trade in Services. The current limit is 500 guides. For others: Unbound except as indicated in horizontal section. 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services) A. Entertainment 1) Unbound 1) Unbound Services (including 2) None 2) None theatre and live bands 3) None 3) None (CPC 9619**) 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. (C) Library Services (CPC 1) None 1) None 96311) and Archive 2) None 2) None Services, excluding 3) None 3) None archival management 4) Unbound except as in the horizontal section 4) Unbound except as in the horizontal of public records (CPC section 96312**) D. Sporting and other 1) None 1) None recreational services 2) None 2) None (CPC 964**) 3) None 3) None Annex 8A-36 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments (excluding lottery, 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the gambling, and betting commitments and subject to reciprocity. horizontal commitments. ``` services) 11. TRANSPORT SERVICES ```text A. Maritime transport ``` services The commitments in Maritime Transport are made in accordance with the General Agreement on Trade in Services. All commitments are subject to domestic laws, entry requirements, rules and regulations and the terms and conditions of the Directorate General of Shipping, Reserve Bank of India and any other competent authority in India. For supply of Maritime Auxiliary Services through commercial presence under Mode 3, it will be only by establishing a Company registered under any Central Act or State Act in India and having its principal place of business in India and subject to the conditions as are required by law and applicable to such companies. India reserves the right to adopt or maintain any measure with respect to cabotage in maritime transport services Thus, in case of India, the rights and obligations of the chapter on trade in services shall not be applicable for cabotage in maritime transport services. ```text International Transport 1)(a) Liner Shipping 1)(a) Liner Shipping Access to and use of And And Port Facilities (Freight and Passengers (b) Bulk Shipping (b) Bulk Shipping No measures shall be excluding cabotage and (i) Dry, Liquid and Gas (other than LNG) (i) Dry, Liquid and Gas (other than applied to the following offshore transport as LNG) services which deny defined in the None, except that: reasonable and non- Attachment) None except that: discriminatory access - For government cargoes, and Government - For government cargoes, and Government to international owned/controlled cargo, and in all cases Tendering owned/controlled cargo, and in all cases maritime suppliers: by Government authorities or public sector Tendering by Government authorities or 1. Pilotage undertakings for import or export of cargo, and for public sector undertakings for import or 2. Towing, tug chartering a vessel for carriage of any government export of cargo, and for chartering a assistance & or privately owned/controlled cargoes for export or vessel for carriage of any government or pushing import: Preference will be given to Indian Flag privately owned/controlled cargoes for 3. Provisioning, fuelling vessels export or import: Preference will be given & watering - Government policy on FOB/FAS will hold good to Indian Flag vessels 4. Garbage collecting - Government policy on FOB/FAS will hold & ballast water good. disposal 5. Port Captain services Annex 8A-37 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments 6. Navigation aids water and electrical supplies. 7. Shore based operational services essential to ship operations, including communications, 8. Emergency repair facilities 9. Anchorage, berth and berthing services. (ii) LNG: Unbound (ii) LNG: Unbound 1) (c) Passenger: None, except that all such 1) (c) Passenger: None, except that all transport shall be on the basis of bilateral such transport shall be on the basis of agreements on reciprocity basis. bilateral agreements on reciprocity basis. 2) None 2) None 3) (a) None, but condition that for operating a ship 3) (a) None under the Indian flag, a registered company, or a cooperative society under any Central Act or State Act having its principal place of business 3) (b) Unbound in India, must be established. 3) (b) Other forms of commercial presence for the supply of International Maritime Transport Services (as per definitions): Unbound 4) (a) Ships crews: Unbound (b) key shore 4) (a) Ships crews: Unbound (b) key shore personnel: Unbound personnel: Unbound Annex 8A-38 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments ``` MARITIME AUXILIARY SERVICES ```text Maritime Cargo Handling 1) Unbound 1) Unbound Services 2) None 2) None 3) None, except as indicated in Horizontal 3) None, except as indicated in Horizontal commitment/ Head Note to this schedule. commitment/ Head Note to this schedule. 4) Unbound except as indicated in the horizontal section. 4) Unbound except as indicated in the horizontal section. Storage and 1) Unbound* 1) Unbound* Warehousing services in 2) None 2) None Ports 3) None, except as indicated in horizontal 3) None, except as indicated in horizontal commitments/ Head Note to this Schedule commitments/ Head Note to this 4) Unbound except as indicated in the horizontal Schedule section 4) Unbound except as indicated in the horizontal section Customs clearance 1) Unbound* 1) Unbound* services. 2) None 2) None 3) Unbound 3) Unbound 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section Container station and 1) Unbound* 1) Unbound* depot services 2) None 2) None 3) None except as indicated in Horizontal 3) None except as indicated in Horizontal commitment/Head Note to this Schedule. commitment/Head Note to this Schedule. 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section Maritime Agency Services 1) None 1) None 2) None 2) None 3) None, except as indicated in Horizontal 3) None, except as indicated in Horizontal commitment/ Head Note to this Schedule. commitment/Head Note to this Schedule. 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section. horizontal section. Annex 8A-39 ``` <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments Maritime Freight 1) None 1) None Forwarding Services 2) None 2) None 3) None, except as indicated in Horizontal 3) None, except as indicated in Horizontal commitment/ Head Note to this Schedule. commitment/ Head Note to this 4) Unbound except as indicated in the horizontal schedule. section. 4) Unbound except as indicated in the horizontal section. International rental/ 1) Unbound 1) Unbound charter of vessels with 2) None except obtaining permission from Director 2) None, except vessels rented by Indian crew or on bareboat basis General (Shipping) for chartering a foreign flag nationals are considered as foreign (excluding cabotage and vessel in the absence of availability of a suitable vessels. offshore transport) Indian vessel. 3) Unbound 3) Unbound 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the section horizontal section Maintenance and repairs 1) None 1) None of seagoing vessels 2) None 2) None 3) None, except as indicated in Horizontal 3) None, except as indicated in Horizontal commitment/ Head Note to this Schedule commitment/ Head Note to this 4) Unbound except as indicated in the horizontal Schedule. section. 4) Unbound except as indicated in the horizontal section. Ship Broking Service 1) Unbound 1) Unbound (CPC 748**) 2) None 2) None 3) None, except as indicated in the Head Note 3) None, except as indicated in the Head 4) Unbound except as indicated in the horizontal Note section 4) Unbound except as indicated in the horizontal section ``` Air Transport Services and Airport Services The commitments below are subject to the terms and conditions of the GATS Annex on Air Transport Services Annex 8A-40 <!-- page break --> ```text Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Additional Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Commitments Aircraft repair and 1) None 1) None maintenance services, 2) None 2) None i.e., activities when 3) None 3) None undertaken on an aircraft 4) Unbound except as indicated in the horizontal 4) Unbound except as indicated in the or a part thereof while it is section horizontal section ``` withdrawn from service and do not include so-called line maintenance (*) Unbound due to lack of technical feasibility (**) Specific commitment for that code does not extend to the total range of services covered under that code. Annex 8A-41 <!-- page break --> Attachment to India’s Schedule of Specific Commitments: Definitions Related to Maritime Transport Services ```text 1. “International Transport (Freight and Passenger)”, for the purpose of this ``` Schedule, is to mean transportation of international Maritime Freight and Passengers by seagoing vessels from the port of loading in one country to the port of discharge in another country. ```text 2. Cabotage: This Schedule does not include any commitments on “Cabotage” or ``` “Maritime Transport Services” which are described as transportation of passengers or goods between any port located in India and any other port also located in India and traffic originating and terminating in the same port located in the country and further includes transportation of passengers or goods between a port located in India and installation and structures situated on the continental shelf of India. ```text 3. Offshore Transport: For the purposes of the Schedule only, “Offshore Transport” ``` refers to shipping services involving the transportation of passengers or goods between a port located in India and any location installation or structure associated with or incidental to the exploration or exploitation of natural resources of the continental shelf of India, the seabed of the Indian coastal seas and the subsoil of the seabed, or situated on the continental shelf of India. ```text 4. “Other forms of Commercial Presence for the supply of International Transport ``` Services” means ability for International Maritime Transport Service suppliers to undertake local activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which maritime transport constitutes a substantial element. These activities include, but are not limited to: ```text (a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements; (b) acquisition on their own about or on behalf of their customers (and the resale to their customers) for any transport and related services, including anchorage, berth and berth services, and onward transport services by any mode, particularly road and rail, inland waterways, necessary for the supply of the integrated services; (c) the preparation of transport documents, customs documents, or other documents related to the origin and character of goods transported; (d) the provision of business information, including computerised information systems and electronic data interchange; (e) setting up of business arrangements with any locally established shipping agency and the appointment of personnel recruited locally (or, in the case Annex 8A-42 ``` <!-- page break --> of foreign personnel, subject to horizontal commitments on movement of personnel); ```text (f) organizing any aspect of the call of the vessel or taking control over cargoes; (g) the provision of Ships Managers’ Services. NOTE: In order to enforce certain standards and conditions which need to be fulfilled by shipping service suppliers, particularly those providing ship personnel and crew and also those engaged in providing ships management services, and to ensure that the owner, operator, agent or manager has: - the capability of implementing international standards as well as IMO stipulations and recommendations; - the necessary financial structure so that he is responsible and accountable; - the capability of implementing, the safety; and marine pollution controls; - fulfilled requirements of quality management and his operations are transparent, a system of registration/ licensing of shipping service supplier is under consideration in India. 5. “Ship Managers” means persons entering India as the agents or representatives ``` of a ship’s owner or operator for the purposes of assessing requirements, negotiating and authorizing expenditures necessary to the maintenance and operations of a vessel as well as the Handling of Cargo. ```text 6. “Maritime Cargo Handling Services” means activities exercised by stevedore ``` companies, including terminal operators, but not including the direct activities of dock workers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered, include the organisation and supervision of: ```text - the loading/discharging of cargo to/from a ship; - the lashing/unlashing of cargo; - the reception/delivery and safekeeping of cargoes before shipment or after discharge. ``` The organisation and supervision include the arrangements for (1) engaging skilled workers (dockworkers), (2) using all necessary equipment for on board or shore use and appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of parcels and markings, the weighing and measuring of cargo, and (4) the administrative duties and responsibilities related to the services. ```text 7. “Maritime Freight Forwarding Services” means the activity of organizing and Annex 8A-43 ``` <!-- page break --> monitoring shipments on behalf of shippers through providing such services as the arrangement of actual transport and related services, consolidation, aggregation, packing of cargo, preparation of documentation and provision of business information. ```text 8. “Maritime Agency Services” means activities in representing, within a given ``` geographic area, the business interests of-one or more shipping lines or shipping companies for the following purposes: ```text - marketing and sales of maritime transport and related activities from quotation to invoicing (cargo booking and canvassing); - issuance of bills of lading on behalf of the companies; - acquisition and resale of other necessary related services (settlement of disbursements and claims) preparation of documentation, and provision of business information; - acting on behalf of the companies in organizing the call of the ship or taking control of cargoes; - to make arrangement in order to get all necessary port services required by the foreign vessel during its stay in Indian Ports; - to appoint a stevedoring company for cargo loading and unloading on behalf of its principal; - to collect freight on behalf of the principal. 9. “Government Cargo” means cargo originating from other countries (import cargoes ``` including crude oil), petroleum by products, coal, natural gas, raw materials for fertilisers, food-grains etc.) purchased by Indian Government Agencies/Departments or based on loan/ credit agreements with other countries, as well as exports by Indian Government Agencies/ Departments including Government aid. 10. “Maintenance and Repairs of Vessels” means services such as repairs and management of vessels, mending, fixing or overhauling of a vessel, management of crew and marine insurance, provided on behalf of a maritime passenger or cargo transport business, or vessel leasing business. ```text 11. “International rental of vessels with crew or on bare-boat charter basis” means ``` rental and/ or leasing services of all types of sea-going vessels with crew or on bare-boat basis (whereafter the ship will be manned by Indian nationals only during the period of rental/ lease) for the purposes of international trade (like tankers, dry bulk cargo vessels, cargo and freight vessels et cetera).

Annex 8A-44 <!-- page break --> ANNEX 8B Schedule of Specific Commitments of United Arab Emirates (UAE) on Trade in Services (Referred to in Chapter 8) INTRODUCTORY NOTE: ```text 1. This document sets out the United Arab Emirates (UAE)’s Schedule of specific ``` commitments under the Trade in Services chapter of the India-UAE Comprehensive Economic Partnership Agreement (CEPA). This introductory note should be regarded as forming an integral part of the UAE’s Schedule. ```text 2. The Schedule has been prepared based on the Services Sectoral ``` Classification List in document MTN.GNS/W/120. References to CPC codes refer to the CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991) and are meant to define the scope of the commitments, unless otherwise stated, except for sectors where “CPC Ver. 2” is indicated. Where “CPC Ver.2” is indicated, the reference is to the Central Product Classification (Statistical Papers Series M No. 77, Ver. 2, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 2008). ```text 3. The UAE reserves the right to make technical changes to this offer to correct ``` any errors, omissions, or inaccuracies. Annex 8B-1 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments ``` I. HORIZONTAL COMMITMENTS ```text ALL SECTORS AND SUB- 3) Commercial presence 3) Acquisition of land and real SECTORS OF SERVICES will be through either: estate is not permitted to foreigners INCLUDED IN THIS or to companies in which foreign SCHEDULE1 (i) a representative office or a nationals have a shareholding. branch with no limitations on However, foreign companies the participation of foreign authorised to carry on their capital (foreign ownership of activities in the UAE may own land 100% is granted); or and real estate only to the extent necessary to conduct their (ii) an incorporation as a activities as allowed and in company with maximum accordance with laws and foreign equity as set out in the regulations governing ownership of specific sectors below, which real estate at the Federal and shall take any of the legal Emirate levels. forms as allowed under UAE law. Government subsidised services may only be extended to UAE For some specific sectors and nationals. sub-sectors, commercial presence may be conditioned Foreign nationals or companies on benefits in the form of with foreign shareholdings may be technology transfer, Research required to pay direct taxes on & Development programmes, income derived from work or technical assistance, and operations in the UAE, whereas educational and training of local local services suppliers or local human resources. UAE companies may not be required to pay similar taxes Free zones: 100% foreign keeping in view the provisions of ownership is permitted in Free ``` 1 The UAE will not offer any commitments in energy and energy related services. This offer does not include any commitment under these services. Annex 8B-2 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Zones as set out in the specific Article XIV, Paragraph (d) of the sub-sectors below. GATS. 4) Unbound, except for measures concerning the entry 4) Unbound, except for measures or temporary stay of natural concerning the categories of persons in the following natural persons referred to in the categories: market access column A. Business Visitors A natural person who stays in the UAE, without acquiring remuneration from within the UAE and without engaging in making direct sales to the general public or supplying services, for the purposes of participating in business meetings, business contacts including negotiations for the sale of services and/or other similar activities including those to prepare for establishing a commercial presence in the UAE: Entry and stay for persons in this category shall not be for more than ninety (90) days in any twelve (12) month period. Annex 8B-3 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments B. Intra-corporate Transferees Intra-corporate transferees: managers, executives and -The work right for the specialists (as defined below) spouses of intra-corporate who have been in the transferees is granted employment of a juridical according to UAE labour laws. person of the other Party outside the UAE, for a period of -Transparency: all disciplines not less than one year prior to concerning labour, residency the date of application for entry and work permits laws are into the UAE and are being publicly available. transferred to a branch or affiliate in the UAE of the aforesaid juridical person. Entry will be subject to the following conditions: The number of managers, executives and specialists shall be limited to 50% of the total number of managers, executives and specialists of each service supplier. Their entry shall be for a period of three (3) years subject to renewable for additional years. Their stay in the UAE will be subject to UAE labour and immigration laws. Annex 8B-4 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Definitions: Managers: persons within an organisation who primarily direct the organisation or a department or sub-division of the organisation, supervise and control the work of other supervisory, professional or managerial employees, have the authority to hire or fire or recommend hiring, firing, or other personnel action (such as promotion or leave authorisation), and exercise discretionary authority over day-to-day operation. Does not include first-line supervisor unless the employees supervised are professional, nor does it include employees who primarily perform tasks necessary for the provision of the service. Executives: Persons within an organisation, who primarily direct the management of the organisation, establish the goals and policies of the organisation, exercise wide latitude in decision-making, and receive only general Annex 8B-5 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments supervision or direction from higher-level executives, the board of directors or stockholders of the business. Executives would not directly perform tasks related to the actual provision of service or services of the organisation. Specialists: persons within an organisation who possess knowledge at an advanced level of expertise and who possess proprietary knowledge of the organisation’s services, research, equipment, techniques or management. C. Contractual service suppliers The Federal Authority for Identity, Citizenship, Customs & Ports Security of the UAE is authorised to issue a ninety (90) day visa renewable for a further equal period to enter the UAE subject to approval by the Ministry of Human Resources and Emiratization. This visa is issued to an applicant who is entering the Annex 8B-6 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments UAE on a temporary mission connected with a private or public company or corporation operating in the UAE on condition that she or he is sponsored by one of its competent staff or by an official body and is a member of any of the following professions: (i) Businessmen (ii) Directors, Representatives, Sale Managers of companies and auditors. (iii) Representatives of companies and commercial enterprises delegated on a mission connected with a trade activity in the UAE. (iv) Engineers, physicians, lawyers, and qualified technicians. (v) Wives and children of the above professionals. ``` II. SECTOR SPECIFIC COMMITMENTS ```text 1. BUSINESS SERVICES Annex 8B-7 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments A. Professional Services a. Legal Services (CPC 1) None. 1) None. 861) 2) None. 2) None. ``` Consultancy on the law of jurisdiction where the services 3) Foreign equity is limited to 3) Non-UAE lawyers cannot plead ```text supplier is qualified as a lawyer 75%. After five (5) years in UAE courts, or act before and on international law (Part of from the entry into force of official bodies, or perform CPC 861) the Agreement up to 100% notarial functions. foreign equity will be allowed. 4) Unbound except as 4) Unbound except as indicated in indicated in the horizontal the horizontal section. section. b. Accounting, auditing and 1) None. 1) None. ``` book- keeping services (CPC 8621 & 8622) ```text 2) None. 2) None. 3) Foreign equity is allowed up 3) None. to 75%. After ten (10) years from the entry into force of the Agreement foreign equity will be allowed up to 100%. 4) Unbound except as indicated in 4) Unbound except as the horizontal section. indicated in the horizontal section. Annex 8B-8 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments c. Taxation Services (CPC 1) None. 1) None. 8630) 2) None. 2) None. Only the following sub-sectors: Business tax planning and 3) Foreign equity limited to 3) None. consulting (CPC 86301) 75%. Business tax preparation and review services (CPC 86302) 4) Unbound except as 4) Unbound except as indicated in indicated in the horizontal the horizontal section. section. d. Architectural Services (CPC 8671) 1) None. 1) None. e. Engineering Services (CPC 2) None. 2) None. 8672) 3) Foreign equity limited to 3) None. f. Integrated Engineering 75%. Services (CPC 8673) 4) Unbound, except as 4) Unbound, except as indicated in g. Urban planning and indicated in the horizontal the horizontal section. landscape architectural services section. (CPC 8674) h. Medical and dental 1) None. 1) None. services (CPC 9312) 2) None. 2) None. 3) Foreign equity is allowed up 3) None. to 70%. 4) Unbound, except as indicated in the horizontal section. Annex 8B-9 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound, except as indicated in the horizontal section. i. Veterinary services (CPC 1) None. 1) None. 93201) 2) None. 2) None. 3) Foreign equity is limited to 3) None. 75%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. j. Services provided by 1) Unbound. 1) Unbound. midwives, nurses, physiotherapists and para- 2) Unbound. 2) Unbound. ``` medical personnel (CPC 93191) 3) Foreign equity is limited to 3) Unbound. 49% and subject to the approval of the competent UAE authorities. ```text 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. B. Computer and Related Services 1) None. 1) None. a. Consultancy services related to the installation of computer 2) None. 2) None. ``` hardware (CPC 841) 3) None for services under 3) None. CPC 841- 845. Annex 8B-10 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments b. Software implementation For CPC 849 foreign equity is services (CPC 842) limited to 70%. Within three (3) years from the entry into force c. Data processing services of the Agreement 100% (CPC 843) foreign equity will be allowed. d. Data base services (CPC 4) Unbound, except as 844) indicated in the horizontal 4) Unbound, except as indicated in section. the horizontal section. ``` e. Maintenance and repair services of office machinery and equipment including computers (CPC 845) f. Other computer services (CPC 849) Research and Development ```text Services 1) None. 1) None. a. R&D services on natural sciences (CPC 851) 2) None. 2) None. b. R&D services on social sciences and humanities (CPC 3) None. 3) None. 852) c. Interdisciplinary R&D services 4) Unbound, except as 4) Unbound, except as indicated in (CPC 853) indicated in the horizontal the horizontal section. section. D. Rental and Leasing Services without Operators 1) None. 1) None. Annex 8B-11 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments ``` (excluding rental and leasing services relating to cars) ```text 2) None. 2) None. ``` a. Relating to ships (CPC 83103) ```text 3) Foreign equity limited to 3) None. b. Relating to other transport 70%. equipment (CPC 83101 + 83102 + 83105) 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. c. Relating to other machinery section. ``` and equipment (CPC 83106 – 83109) ```text E. Other Business Services a. Advertising services (CPC 1) None. 1) None. 871) 2) None. 2) None. 3) Foreign equity limited to 3) None. 70%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. b. Market research and 1) None. 1) None. public opinion polling services (CPC 864) 2) None. 2) None. 3) Foreign equity limited to 3) None. 75%. After ten (10) years from the entry into force of Annex 8B-12 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments the Agreement, foreign equity will be allowed up to 100%. 4) Unbound, except as indicated in 4) Unbound, except as the horizontal section. indicated in the horizontal section. c. Management consulting 1) None. 1) None. services (CPC 8650) 2) None. 2) None. 3) None. 3) None. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. d. Services related to 1) None. 1) None. Management Consulting (CPC 8660) 2) None. 2) None. 3) None. 3) None. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. e. Technical testing and 1) None. 1) None. analysis services (CPC 8676) 2) None. 2) None. 3) None. 3) None. 4) Unbound, except as indicated in the horizontal section. Annex 8B-13 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound, except as indicated in the horizontal section. f. Services incidental to 1) Unbound. 1) Unbound. manufacturing (CPC 884+885, except for 88442) 2) None. 2) None. 3) Foreign equity limited to 3) None. 75%. After ten (10) years from the entry into force of the Agreement, foreign equity will be allowed up to 100%. 4) Unbound, except as indicated in 4) Unbound, except as the horizontal section. indicated in the horizontal section. g. Related to scientific and 1) None. 1) None. ``` technical consulting services (CPC 8675) ```text 2) None. 2) None. 3) Foreign equity limited to 3) None. 75%. After five (5) years from the entry into force of the Agreement foreign equity will be allowed up to 100%. 4) Unbound, except as indicated in the horizontal section. Annex 8B-14 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound, except as indicated in the horizontal section. h. Maintenance and repair 1) None. 1) None. ``` of equipment (not including maritime vessels, aircraft or ```text other transport equipment) (CPC 2) Unbound. 2) Unbound 633+ 8861- 8866) 3) Foreign equity limited to 3) None. 75%. After five (5) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. i. Building-Cleaning 1) None. 1) None. Services (CPC 874) 2) Unbound. 2) None. 3) Foreign equity is allowed 3) Unbound. up to 75%. After ten (10) years from the entry into force of the Agreement foreign equity will be allowed up to 100%. Annex 8B-15 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound, except as 4) Unbound, except as indicated indicated under horizontal under horizontal section. section. j. Photographic Services (CPC 1) None. 1) None. 8750) 2) None. 2) None. 3) Foreign equity is limited to 3) Unbound. 70%. After five (5) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. k. Packaging Services (CPC 1) None. 1) None. 8760) 2) None. 2) None. 3) Foreign equity is limited to 3) None. 70%. After five (5) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section l. Printing and publishing 1) None. 1) None. ``` services (CPC 88442) Annex 8B-16 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) None. 2) None. 3) Foreign equity is allowed 3) None. up to 70%. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. m. Convention services 1) None. 1) None. (CPC 87909)*2 2) None. 2) None. 3) Foreign equity is allowed 3) None. up to 70%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. n. Other (CPC 879) 1) None. 1) None. 2) None. 2) None. 3) Foreign equity is allowed up 3) None. to 75%. For CPC 87905, foreign equity is allowed up to 75%. Within five (5) years from the entry into force of ``` 2* The (*) indicates that the service specified is a component of a more aggregated CPC item specified elsewhere in this classification list. Annex 8B-17 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments the Agreement 100% foreign equity will be allowed. 4) Unbound. 4) Unbound. 2. COMMUNICATION SERVICES A. Postal Services (CPC 1) None. 1) None. 7511) 2) None. 2) None. Only handling of documents, letter posts, and parcels 3) Foreign equity limited to 3) None. 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. B. Courier Services (CPC 1) None. 1) None. 7512) 2) None. 2) None. 3) Foreign equity limited to 3) None. 49%. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. ``` C. Telecommunication Services: HORIZONTAL COMMITMENTS: The commitments taken are based on the scheduling principles provided by the following WTO documents: “Notes for scheduling Basic Telecom Services Commitments” (S/GBT/W/2/Rev.1) and “Market Access Limitations on Spectrum Availability” (S/GBT/W/3). Annex 8B-18 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments ``` This Schedule on basic telecommunication does not include any broadcasting services according to the UAE telecommunication and the Telecommunications and Digital Government Regulatory Authority (TDRA) regulatory framework on different issues including but not limited to the spectrum license.3 3) Any network installed in the UAE must be operated by a company registered in the UAE, the foreign equity of which shall be limited to 49%. ```text a. Voice telephone services 1) Only companies with 1) None, except as indicated in the (CPC 7521) commercial presence may market access column. provide telecom services. 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. the territory of India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will 3) None. consider the feasibility of suppliers additional to the duopoly. The commercial presence is required and subject to ``` 3 “Broadcasting services” is defined as a radio communication service in which the transmissions are intended for direct reception by the general public, including sound transmissions, television transmissions or other types of transmissions. In the Telecommunications Law of the UAE, broadcasting is not part of basic telecommunication services. Annex 8B-19 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 49% foreign equity limitation. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. b. Packet-switched data 1) Only companies with 1) None, except as indicated in transmission services (CPC commercial presence may the market access column. 7523**) provide telecom services. 2) Residents are allowed to 2) None, except as indicated in the purchase telecom services in market access column. the territory of India according to the regulatory framework in the UAE and India 3) Duopoly. The TDRA will 3) None consider the feasibility of suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. c. Circuit-switched data 1) Only companies with 1) None, except as indicated in transmission services (CPC commercial presence may the market access column. 7523**) provide telecom services. Annex 8B-20 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. the territory of India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will 3) None. consider the feasibility of suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. d. Telex Services (CPC 7523**) 1) Only companies with 1) None, except as indicated in commercial presence may the market access column. provide telecom services. 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will consider the feasibility of 3) None. suppliers additional to the duopoly. The commercial presence is required and Annex 8B-21 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as section. indicated in the horizontal section. e. Telegraph Services (CPC 1) Only companies with 1) None, except as indicated in 7522**) commercial presence may the market access column. provide telecom services. 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will consider the feasibility of 3) None. suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as section. indicated in the horizontal section. f. Facsimile services (CPC 1) Only companies with 1) None, except as indicated in 7521** commercial presence may the market access column. + 7529**) provide telecom services. Annex 8B-22 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will consider the feasibility of 3) None. suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as indicated section. in the horizontal section. g. Private leased circuit services 1) Only companies with 1) None, except as indicated in (CPC 7522** + 7523**) commercial presence may the market access column. provide telecom services. 2) Residents are allowed to 2) None, except as indicated in purchase telecom services the market access column. India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will consider the feasibility of 3) None. suppliers additional to the duopoly. The commercial presence is required and Annex 8B-23 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as indicated section. in the horizontal section. h. Electronic mail (CPC 1) Only companies with 1) None, except as indicated in 7523**) commercial presence may the market access column. provide telecom services. 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will consider the feasibility of 3) None. suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as section. indicated in the horizontal section. i. Voice mail (CPC 7523**) 1) Only companies with 1) None, except as indicated in commercial presence may the market access column. provide telecom services. Annex 8B-24 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will consider the feasibility of the 3) None. suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as indicated in section. the horizontal section. j. On-line information and 1) Only companies with 1) None, except as indicated in ``` database retrieval (CPC 7523**) commercial presence may the market access column. provide telecom services. ```text 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. the territory of India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will 3) None. consider the feasibility of suppliers additional to the duopoly. The commercial Annex 8B-25 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. k. Electronic data 1) Only companies with 1) None, except as indicated in ``` interchange (EDI)(CPC 7523) commercial presence may the access column. provide telecom services. ```text 2) Residents are allowed to 2) None, except as indicated in the purchase telecom services in market access column. the territory of India according to the regulatory framework in the UAE and in the territory of India. 3) Duopoly. The TDRA will 3) None. consider the feasibility of suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. Annex 8B-26 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments l. Enhanced/value-added 1) Only companies with 1) None, except as indicated in ``` facsimile services, incl. store and commercial presence may the market access column. forward, store and retrieve (CPC provide telecom services. 7523**) ```text 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the the market access column. territory of India according to the regulatory framework in the UAE and in the territory of that State. 3) Duopoly. The TDRA will consider the feasibility of 3) None. suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal section 4) Unbound, except as indicated in the horizontal section. m. Code and protocol 1) Only companies with 1) None, except as indicated in conversion (n.a.) commercial presence may the market access column. provide telecom services. 2) Residents are allowed to 2) None, except as indicated in purchase telecom services in the market access column. the territory of India according to the regulatory framework in the UAE and in the territory India. 3) None. Annex 8B-27 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Duopoly. The TDRA will consider the feasibility of suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal section. indicated in the horizontal section. D. Audiovisual Services 1) Subject to obtaining 1) Subject to obtaining licenses licenses and approvals from and approvals from competent UAE a. Motion picture and video tape competent UAE media media authorities. production and distribution authorities. services (CPC 9611) 2) None. 2) None. b. Motion picture projection services (CPC 9612) 3) Foreign equity is 3) Unbound. allowed up to 49% and subject c. Sound recording (CPC v.2 to obtaining licenses and 9611) approvals from competent UAE media authorities. d. Audio Visual post production services (CPC ver 2.0 9613) 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES A. General 1) Unbound. 1) Unbound. Construction Work for Buildings (CPC 512) 2) None. 2) None. Annex 8B-28 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) 3) None. (i) Foreign equity is allowed up to 49%. After two (2) years from the entry into force of the Agreement, foreign equity is allowed up to 51% and after seven (7) years, 70%. (ii) Large scale infrastructure projects such as airports, highways and sports facilities and projects that exceed 450 million US dollars, foreign equity is allowed up to 75%. After five years from the entry into force of the Agreement, participation of foreign capital for such high scale projects will be allowed up to 100%. For further clarity, foreign companies established pursuant to this paragraph (ii) will not be allowed to participate in any project that is below 450 million US dollars. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section B. General Construction Work for 1) Unbound. 1) Unbound. Civil Engineering (CPC 513) 2) None. 2) None. Annex 8B-29 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) 3) None. (i) Foreign equity is allowed up to 49%. After two (2) years from the entry into force of the Agreement, foreign equity is allowed up to 51% and after seven (7) years, 70%. (ii) Large scale infrastructure projects such as airports, highways and sports facilities and projects that exceed 450 million US dollars, foreign equity is allowed up to 75%. After five (5) years from the entry into force of the Agreement, participation of foreign capital for such high scale projects will be allowed up to 100%. For further clarity, foreign companies established pursuant to this paragraph (ii) will not be allowed to participate in any project that is below 450 million US dollars 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. C. Installation and Assembly 1) Unbound. 1) Unbound. Work (CPC 514 + 516) 2) None. 2) None. Annex 8B-30 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) 3) None. (i) Foreign equity is allowed up to 49% After two (2) years from the entry into force of the Agreement, foreign equity is allowed up to 51% and after seven (7) years, 70%. (ii) Large scale infrastructure projects such as airports, highways and sports facilities and projects that exceed 450 million US dollars, foreign equity is allowed up to 75%. After five (5) years from the entry into force of the Agreement, participation of foreign capital for such large- scale projects will be allowed up to 100%. For further clarity, foreign companies established pursuant to this paragraph (ii) will not be allowed to participate in any project that is below 450 million US dollars. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as section. indicated in the horizontal section. D. Building 1) Unbound. 1) Unbound. Completion and Finishing Work (CPC 517) 2) None. 2) None. Annex 8B-31 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) 3) None. (i) Foreign equity is allowed up to 49%. After two (2) years from the entry into force of the Agreement, foreign equity is allowed up to 51% and after seven years, 70%. (ii) Large scale infrastructure projects such as airports, highways and sports facilities and projects that exceed 450 million US dollars, foreign equity is allowed up to 75%. After five (5) years from the entry into force of the Agreement, participation of foreign capital for such large- scale projects will be allowed up to 100%. For further clarity, foreign companies established pursuant to this paragraph (ii) will not be allowed to participate in any project that is below 450 million US dollars. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as indicated in section. the horizontal section. E. Other: Pre-erection work at construction 1) Unbound. 1) Unbound. ``` sites (CPC 511) Annex 8B-32 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Special trade construction work 2) None. 2) None. (CPC 515) 3) 3) None. ``` Renting services related to (i)Foreign equity is allowed up equipment for construction or to 49%. After two (2) years from demolition of buildings or civil the entry into force of the engineering works, with operator Agreement, foreign equity is ```text (CPC 518) allowed up to 51% and after seven years, 70%. (ii) Large scale infrastructure projects such as airports, highways and sports facilities and projects that exceed 450 million US dollars, foreign equity is allowed up to 75%. After five (5) years from the entry into force of the Agreement, participation of foreign capital for such large- scale projects will be allowed up to 100%. For further clarity, foreign companies established pursuant to this paragraph (ii) will not be allowed to participate in any project that is below 450 million US dollar. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. 4. DISTRIBUTION SERVICES A. Wholesale Trade 1) Unbound. 1) Unbound. ``` Services (CPC 622) Annex 8B-33 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) Unbound. 2) Unbound. 3) Foreign equity is allowed up 3) None. to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. B. Retailing Services 1) Unbound. 1) Unbound.  Food Retailing Services (CPC 631) 2) Unbound. 2) Unbound.  Non-food Retailing 3) Foreign equity is allowed up 3) None. Services (CPC 632) to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section.  Sales of motor vehicles 1) Unbound. 1) Unbound. (CPC 6111)  Sales of parts and 2) Unbound. 2) Unbound. ``` accessories of motor vehicles (CPC 6113) ```text 3) Foreign equity is allowed 3) None. ```  Sales of motorcycles and up to 49%. snowmobiles and related ```text parts and accessories 4) Unbound, except as 4) Unbound, except as (CPC 6121) indicated in the horizontal indicated in the horizontal section. section. C. Franchising (CPC 8929) 1) Unbound. 1) Unbound. Annex 8B-34 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) Unbound. 2) Unbound. 3) Foreign equity is allowed 3) None. up to 49%. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. 5. EDUCATIONAL SERVICES 1) None. 1) None. ``` A. Secondary Education Services (CPC 922) ```text 2) None. 2) None. B. Higher Education Services (CPC 923) 3) (i) Foreign equity is allowed up 3) None. ``` C. Adult Education (CPC 924) to 100%. (ii) Natural persons of India D. Other Education Services: may be required to obtain Excluding public education authorisation from competent authorities to establish and direct an education institution and to teach; this may also be subject to the condition of suitability of school facilities and ensuring high quality level of education. ```text 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. 6. ENVIRONMENTAL SERVICES Annex 8B-35 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments A. Sewage services (CPC 1) None. 1) None. 9401) 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. B. Refuse disposal services 1) None. 1) None. (CPC 9402) 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. C. Sanitation and similar 1) None. 1) None. ``` services (CPC 9403) Annex 8B-36 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section D. Other  Cleaning services for exhaust 1) None. 1) None. gases (CPC 94040) 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal section. indicated in the horizontal section.  Treatment, remediation of 1) Unbound. 1) Unbound. contaminated/polluted soil and water (part of CPC 2) Unbound. 2) Unbound. ``` 94060) 3) None. Annex 8B-37 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Foreign equity is limited to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as indicated 4) Unbound, except as in the horizontal section. indicated in the horizontal section.  Noise abatement services 1) None. 1) None. (CPC 9405) 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section.  Nature and landscape 1) None. 1) None. protection services (CPC 9406) 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Annex 8B-38 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section.  Other environmental 1) None. 1) None. protection services (CPC 9409) 2) None. 2) None. 3) Participation of foreign 3) None. equity is allowed up to 70%. After seven (7) years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. 7. FINANCIAL SERVICES ``` Horizontal Commitments: Commercial presence is allowed up to 100% foreign equity in Dubai International Financial Centre (DIFC) for the following activities: banking services (investment banking, corporate banking, and private banking); capital markets (equity, debt instruments, derivatives and commodity trading); asset management and fund registration; insurance and re-insurance; Islamic finance; business processing operations and ancillary services. ```text A. Insurance and insurance-related services4 ``` Horizontal Commitments: 4 Following five years after entry into force of the Agreement, the UAE will review and evaluate offering a commitment in the sub-sector “services auxiliary to insurance.” Annex 8B-39 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments ``` General conditions: The absence of any limitation on the ability of a service consumer in the UAE to purchase the service in the territory of India does not signify a commitment to allow a non-resident service supplier to solicit business or to conduct active marketing in the territory of the UAE. Commercial presence is subject to the provisions regarding the licensing and registration of foreign companies as contained in the UAE pertinent laws. Within the context of paragraph 2 (a) of the WTO Annex on Financial Services, the UAE shall not be prevented from taking measures for prudential reasons such as minimum capital requirement; minimum operating funds requirement and approval for business activities. (i) Direct insurance (including co-insurance): Annex 8B-40 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (a) Life - Life and health 1) Commercial presence is Commercial presence is required. insurance services required. CPC 81211 and CPC 81212. 2) Unbound. Unbound. Excluding pension fund 3) Transparent Economic None. management. Needs Test (ENT) shall apply to the commercial presence for branches of new foreign insurance companies as well as new branches of existing foreign insurance companies. This ENT shall be based on criteria such as the provision of new insurance services, increase of local demand and the conformance with international standards.  Foreign equity is allowed up to 25% of the capital of UAE life and non-life insurance companies.  The establishment of joint ventures with UAE life and non- life insurance companies is not allowed. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. (b) Non-life insurance 1) Commercial presence is 1) Commercial presence is services required for all non-life required for all non-life insurance insurance services except services except marine and aviation Annex 8B-41 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments CPC 8129 marine and aviation insurance. insurance. None for marine and Including accidents insurance None for marine and aviation aviation insurance. services insurance. 2) Unbound for all non-life 2) Unbound for all non-life insurance services except insurance services except marine marine shipping and commercial aviation shipping and commercial insurance. None for marine and aviation insurance. None for aviation insurance. marine and aviation insurance. 3) Transparent Economic Needs None. Test (ENT) shall apply to the commercial presence for branches of new foreign insurance companies as well as new branches of existing foreign insurance companies. This ENT shall be based on criteria such as the provision of new insurance services, increase of local demand and the conformance with international standards. The establishment of joint ventures with UAE life and non- life insurance companies is not allowed. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. Annex 8B-42 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (ii) Reinsurance & 1) None. 1) None. retrocession 2) None. 2) None. Other insurance services n.e.c. 3) Foreign equity limited to 3) None. (CPC 81299) 49%. 4) Unbound, except as indicated in 4) Unbound, except as the horizontal section. indicated in the horizontal section. ``` (iii) Insurance intermediation, 1) Commercial presence is 1) None, except as indicated in the such as brokerage and agency required, except for marine market access column. ```text services shipping and commercial aviation insurance and re- Only brokers dealing with direct insurance intermediation insurance5 (CPC 8140**) services. None for marine shipping and commercial aviation insurance and reinsurance intermediation services. 2) Commercial presence is 2) None, except as indicated in the required. market access column. 3) Foreign equity limited to 3) None. 49%. 4) Unbound, except as indicated 4) Unbound, except as indicated in in the horizontal section. the horizontal section. ``` 5 For greater certainty "Direct Insurance" means: Life and health services (CPC 81211 and CPC 81212) (excluding pension fund management.) and Non-life insurance services (including accident insurance (CPC 8129). ** Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. Annex 8B-43 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (iv) Insurance consultancy 1) None. 1) None. (CPC 81402) 2) None. 2) None. 3) Foreign equity limited to 3) None. 49%. 4) Unbound, except as indicated in 4) Unbound, except as the horizontal section. indicated in the horizontal section. Actuarial services (CPC 81404) 1) None, except that the 1) None, expect as indicated in the foreign service supplier market access column. must be registered at the UAE Ministry of Economy. (The registration requirement does not prevent the foreign supplier from providing services from the territory of the other Party into the territory of the UAE). 2) None. 2) None. 3) Participation of foreign3) None. capital limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. Loss Adjustment, risk 1) Commercial presence is 1) Commercial presence is assessment and claim required. required. Annex 8B-44 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments settlement services (CPC 81403) 2) Commercial presence is required. 2) Commercial presence is required. 3) Foreign equity limited to 49%. 3) None. 4) Unbound, except as indicated in the horizontal 4) Unbound, except as indicated in section. the horizontal section. B. Banking and other financial services (excluding insurances)6 (v) Acceptance of deposits 1) None. 1) None. and other repayable funds from the public 2) None. 2) None. 3) No limitation for establishment 3) None. of representative offices; Unbound for new licences for operating bank branches; Unbound for the expansion of activities of existing financial entities. Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. (vi) Lending of all types, 1) None. 1) None. ``` including consumer credit, 6 Following five (5) years after entry into force of the Agreement, the UAE will review its commitments under mode 3(ii) in relation to new licenses for operating bank branches. Annex 8B-45 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments mortgage credit, factoring and 2) None. 2) None. financing of commercial transaction 3) 3) None. No limitation for establishment of representative offices; Unbound for new licences for operating bank branches; Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. (vii) Financial leasing 1) None. None. 2) None. None. 3) i. No limitation for establishment of representative offices; ii. Unbound for new licences for operating bank branches; iii. Unbound for the None. expansion of activities of existing financial entities; iv. Foreign equity is limited to 49%. Annex 8B-46 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. (viii) All payment and money 1) None. 1) None. ``` transmission services, including credit, charge and debit cards, ```text travellers cheques and bankers 2) None. 2) None. drafts 3) 3) None. (i) No limitation for establishment of representative offices; (ii) Unbound for new licences for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49% 4) Unbound, except 4) Unbound, except as as indicated in the horizontal indicated in the horizontal section. section. (ix) Guarantees and 1) None. 1) None. commitments 2) None. 2) None. 3) 3) None. (i) No limitation for establishment of representative offices; Annex 8B-47 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (ii) Unbound for new licences for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal section. indicated in the horizontal section. (x) Trading for own account or for 1) None. 1) None. ``` account of customers, whether on an exchange, in an over-the- ```text counter market or otherwise, the 2) None. 2) None. following: money market instruments 3) 3) None. (including cheques, bills, (i)No limitation for certificates of deposits); establishment of representative foreign exchange; offices; ``` derivative products including, but (ii) Unbound for new licences not limited to, futures and for operating bank branches; ```text options; (iii) Unbound for the expansion ``` exchange rate and interest rate of activities of existing financial instruments, including products entities; such as swaps, forward rate ```text agreements; (iv) Foreign equity is limited to transferable securities; 49%. other negotiable instruments and financial assets, including 4) Unbound, except as 4) Unbound, except as bullion. indicated in the horizontal indicated in the horizontal section. section. Annex 8B-48 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (xi) Participation in 1) None. 1) None. issues of all kinds of securities, including under-writing and 2) None. 2) None. placement as agent (whether publicly or privately) and 3) 3) None. provision of services related to (i) No limitation for such issues establishment of representative offices; (ii) Unbound for new licences for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. (xii) Money broking. 1) None. 1) None. 2) None. 2) None. 3) 3) None. (i) No limitation for establishment of representative offices; (ii) Unbound for new licences for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; Annex 8B-49 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated 4) Unbound, except as in the horizontal section. indicated in the horizontal section. (xiii) Asset management, (only 1) None. 1) None. cash or portfolio management, all forms of collective investment 2) None. 2) None. schemes and management) 3) 3) None. (i) No limitation for establishment of representative offices; (ii) Unbound for new licences for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. (xiv) Provision and transfer of 1) None. 1) None. financial information, and financial data processing and 2) None. 2) None. related software. 3) 3) None. No limitation for establishment of representative offices; Annex 8B-50 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Unbound for new licences for operating bank branches; Unbound for the expansion of activities of existing financial entities; Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal section. indicated in the horizontal section. (xv) Advisory and other auxiliary 1) None. 1) None. financial services on all the 2) None. 2) None. activities listed in sub- 3) 3) None. ``` paragraphs (v) through (xv), No limitation for establishment including credit reference and of representative offices; ```text analysis, investment and Unbound for new licences for ``` portfolio research and advice, operating bank branches; advice on acquisitions and on Unbound for the expansion of ```text corporate restructuring and activities of existing financial strategy entities; Foreign equity is limited to 49%. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. 8. HEALTH AND RELATED SOCIAL SERVICES (other than those listed under 1.A.h-i.) A. Hospital Services (CPC 1) None. 1) None. 9311) 2) None. 2) None. 3) 3) None. Annex 8B-51 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 100% is allowed for foreign equity, subject to the authorisation by the competent authorities, which would be based on the economic need tests taking into consideration the number of hospital, medical and health centres in a given region. Participation of foreign equity is allowed up to 100% in Dubai Health Care City. An economic needs test will not be required. 4) Unbound, except as 4) Unbound, except as indicated in the horizontal indicated in the horizontal section. section. B) Other Human Health 1) None 1) None Services (CPC 9319, except CPC 93191) 2) None 2) None 3) 100% is allowed for foreign 3) None equity, subject to the authorisation by the competent authorities, which would be based on the economic need tests taking in to consideration the number of hospital, medical and health centres in a given region. Participation of foreign equity is allowed up to Annex 8B-52 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 100% in Dubai Health Care City. An economic needs test will not be required. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. 9. TOURISM AND TRAVEL RELATED SERVICES A. Hotels and restaurants 1) None. 1) None. (including catering) (CPC 64110, 64120 & 642, 643) 2) None. 2) None. 3) 3) None. Hotels: foreign equity is allowed up to 49%. For hotels management only up to 70%. Restaurants: foreign equity is allowed up to 70%. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. ``` B. Travel agencies and tour operators services (CPC 7471) ```text 1) None. 1) None. Excluding Umra and Hajj services and related services 2) None. 2) None. (i.e., Islamic pilgrimages services and related services) 3) Unbound. 3) Unbound. Annex 8B-53 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound. 4) Unbound. 1) None. 1) None. C. Tourist guides services (CPC 74720) 2) None. 2) None. 3) Foreign equity limited to 3) None. Excluding Umra and Hajj 49%. services and related services (i.e., Islamic pilgrimages 4) Unbound, except as 4) Unbound, except as indicated in services and related services) indicated in the horizontal the horizontal section. section. 10. RECREATIONAL CULTURAL AND SPORTING SERVICES (other than audiovisual services) A. Entertainment 1) None. 1) None. Services (including theatre, live bands and circus services) (CPC 2) None. 2) None. ``` 9619) 3) Foreign equity is limited to 3) None. 75%. Only for theatre, live bands and ```text circus services 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. B. News Agency 1) Unbound. 1) Unbound. Services (CPC 962 - Only in Dubai Media City) 2) Unbound. 2) Unbound. 3) 100% foreign equity is 3) Unbound. allowed. 4) Unbound. 4) Unbound. Annex 8B-54 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments C. Sporting and Other 1) Unbound. 1) Unbound. Recreational Services (Only CPC 2) Unbound. 2) Unbound. 96491 - only parks and public gardens services) 3) Foreign equity is limited to 3) None. 75%. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. Library Services (CPC 96311) 1) None 1) None 2) None 2) None 3) Unbound 3) Unbound 4) Unbound except as 4) Unbound except as indicated in indicated in horizontal horizontal section section 11. TRANSPORT SERVICES A. Maritime Transport Services International transport 1) None. 1) None. The following services at the port are made available to freight and passengers (CPC 2) None. 2) None. international maritime 7211 and 7212, less cabotage transport suppliers on non- transport services) Including the 3) 3) None. discriminatory terms and following: Maintenance and - Freight: Foreign equity is conditions: repair of vessels allowed up to 49%. Pilotage - Passengers: Foreign equity is Towing and tug assistance allowed up to 70%. Provisioning, fueling and - Maintenance and repair of watering vessels: None. Garbage collecting and ballast waste disposal Port Capitan’s services Navigation aid services Annex 8B-55 ``` <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 4) Unbound, except as 4) Unbound, except as indicated in Shore-based operational indicated in the horizontal the horizontal section. services essential to ship section. operations including communications, water and electrical supplies. Emergency repair facilities Anchorage, berth and berthing services Maritime Auxiliary Services: 1) None. 1) None. Maritime cargo handling services7 2) None. 2) None. Storage and warehousing services (CPC742) 3) Foreign equity is allowed up 3) None. Container station and depot to 49%.11 ``` services8 Maritime agency services9 7 “Maritime cargo handling services” means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of: the loading/discharging of cargo to/from a ship; the lashing/unlashing of cargo; the reception/delivery and safekeeping of cargos before shipment or after discharge. 8 “Container station and depot services, means activities consisting in storing containers, weather in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.” 9 “Maritime agency services, means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes: - marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition resale of the necessary related services, preparation of documentation, and provision of business information; - acting on behalf of the companies organizing the call of the ship or taking over cargoes when required.” 11 Operations and functions maybe subject to specific services obligations set out by operators with concession from public authorities. Annex 8B-56 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Maritime freight forwarding 4) Unbound, except as 4) Unbound, except as indicated in services10 indicated in the horizontal the horizontal section. section. Air Transport Services 1) Maintenance and repair of 1) None. 1) None. aircraft and parts thereof 2) None. 2) None. 3) None. 3) None. 4) Unbound, except as 4) Unbound, except as indicated indicated in the horizontal in the horizontal section. section. 2) Computer Reservation 1) None. 1) None. Systems 2) None. 2) None. 3) None. 3) None. 4) Unbound, except as 4) Unbound, except as indicated in indicated in the horizontal the horizontal section. section. C. Rail Transport Services 1) None. 1) None. Passenger transportation (CPC 2) None. 2) None. 7111) Freight transportation (CPC 3) None. 3) None. 7112) Pushing and towing services 4) Unbound, except as indicated in (CPC 7130) the horizontal section. ``` 10 “Freight forwarding services” means the activity consisting of organizing and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.” Annex 8B-57 <!-- page break --> ```text Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of natural persons Sector or sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Maintenance and repair of rail 4) Unbound, except as transport equipment (CPC 8868) indicated in the horizontal Supporting services for rail section. ``` transport services (CPC 743) --- Annex 8B-58 <!-- page break -->

Annex 8B-59 <!-- page break -->