comprehensive economic cooperation agreement between ... - MITI

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CHAPTER 7 TECHNICAL BARRIERS TO TRADE Article 7.1 Objectives The objectives of this Chapter are to: (a) provide a framework and supporting mechanisms to facilitate and increase trade in goods by eliminating and preventing unnecessary barriers to trade while taking into account the legitimate objectives of the Parties, in accordance with Article 2.2 of the WTO Agreement on Technical Barriers to Trade (“TBT Agreement”), and the principle of non-discrimination, within the TBT Agreement; (b) ensure transparency in standards, technical regulations, and conformity assessment procedures, and also ensure that these do not create unnecessary obstacles to trade and are not more trade restrictive than necessary to fulfill a legitimate objective; (c) enhance joint cooperation between the Parties, and between regulatory authorities and conformity assessment bodies in the Parties, in order to resolve specific issues related to the development and application of standards, technical regulations and conformity assessment procedures, and establish a mechanism for expeditious recognition of equivalence and mutual recognition and that positive consideration is given to the requests of the exporting Party in this regard by the importing Party, thereby facilitating the conduct of trade in goods; (d) improve the capacity of the Parties to identify, prevent and eliminate unnecessary obstacles to trade between the Parties as a result of technical regulations, standards and conformity assessment procedures applied by either Party; (e) increase the capacity of the Parties to ensure compliance with international standards and with each other’s technical regulations, conformity assessment procedures and standards; and (f) provide a mechanism for expeditious resolution of issues, including disputes relating to standards, technical regulations and conformity assessment procedures. Article 7.2 Scope 1. This Chapter applies to the preparation, adoption and application of standards, technical regulations, and conformity assessment procedures. 2. Notwithstanding paragraph 1, this Chapter does not apply to: 37
(a) technical specifications prepared by governmental bodies for production or consumption requirements of such bodies; or (b) sanitary and phytosanitary measures as defined in Annex 1A of the WTO Agreement on the application of Sanitary and Phytosanitary Measures. Article 7.3 Definitions For purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply. Article 7.4 Affirmation of the TBT Agreement 1. The Parties reaffirm their existing rights and obligations with respect to each other under the TBT Agreement. 2. Each Party shall ensure compliance in the implementation of this Chapter by central government bodies within its territory that are responsible for the preparation, adoption and application of standards, technical regulations and conformity assessment procedures. Each Party shall also take such reasonable measures as may be available to ensure compliance in the implementation of this Chapter, by local government and non-governmental bodies within its territory that are responsible for the preparation, adoption and application of standards, technical regulations and conformity assessment procedures. On request from the other Party, each Party shall make available the details of any measures taken by it in this direction. Article 7.5 Joint Cooperation 1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. To this end, the Parties shall establish dialogue at both the horizontal and sectoral levels, as necessary, between the competent authorities and other regulators from their territories. 2. In their bilateral cooperation, the Parties shall work to identify, develop and promote trade facilitating measures which may include, but are not limited to: (a) promoting regulatory cooperation through measures and steps such as the exchange of information, experience and data, and scientific and technical cooperation with a view to creating technical regulations, standards and conformity assessment procedures that are not more trade restrictive than necessary and making efficient use of regulatory resources; 38
Page 1 and 2: COMPREHENSIVE ECONOMIC COOPERATION
Page 3 and 4: List of Annexes Annex 2-1 Schedules
Page 5 and 6: CHAPTER 1 INITIAL PROVISIONS AND GE
Page 7 and 8: (CC) any area extending beyond the
Page 9 and 10: Article 2.7 Administrative Fees and
Page 11 and 12: For the purposes of this Chapter: C
Page 13 and 14: (g) goods of sea-fishing and other
Page 15 and 16: (b) for goods falling within Chapte
Page 17 and 18: (iii) the goods have not undergone
Page 19 and 20: CHAPTER 4 CUSTOMS COOPERATION Artic
Page 21 and 22: (b) provide for advance electronic
Page 23 and 24: (a) whether goods imported into the
Page 25 and 26: For the purposes of this Section: C
Page 27 and 28: 9. On the termination of a bilatera
Page 29 and 30: 5. A Party proposing to apply or ex
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Page 33 and 34: 2. Notwithstanding paragraph 1, the
Page 35 and 36: areas are, and are likely to remain
Page 37 and 38: (b) in the event that the checks re
Page 39: Article 6.16 Exchange of Informatio
Page 43 and 44: 2. The Parties shall cooperate with
Page 45 and 46: 3. The Parties shall seek to ensure
Page 47 and 48: the other Party, a Party may consul
Page 49 and 50: technical consultations within thir
Page 51 and 52: 5. New services shall be considered
Page 53 and 54: (i) is a citizen of that other Part
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Page 57 and 58: Article 8.8 Review The Parties shal
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Page 61 and 62: consultations with that Party on su
Page 63 and 64: CHAPTER 9 MOVEMENT OF NATURAL PERSO
Page 65 and 66: (ii) a goods seller, being a natura
Page 67 and 68: (ii) is employed by a juridical per
Page 69 and 70: 4. Each Party shall maintain or ins
Page 71 and 72: (b) enterprise of a Party means any
Page 73 and 74: Article 10.5 Minimum Standard of Tr
Page 75 and 76: (f) payments arising out of the set
Page 77 and 78: Article 10.12 Reservations 1. Artic
Page 79 and 80: Treatment), Article 10.6 (Compensat
Page 81 and 82: opportunity to present their views
Page 83 and 84: Parties otherwise agree. These disc
Page 85 and 86: (e) Tourism; (f) Small and Medium E
Page 87 and 88: CHAPTER 12 GENERAL EXCEPTIONS Artic
Page 89 and 90: of restrictions to ensure, inter al
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(b) such persons are afforded a rea
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CHAPTER 14 DISPUTE SETTLEMENT Artic
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2. If the Parties agree, good offic
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Article 14.10 Proceedings of Arbitr
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Article 14.13 Time Frame All time f
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(b) the complaining Party may suspe
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(f) consult third parties on any ma
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(f) develop conditions and provisio
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2. Each Party shall provide to the
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Article 16.6 Confidentiality Where
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Annex 2-1 Schedules of Tariff Commi
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(i) Category 1: reduction of applie
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3. For tariff lines subject to spec
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Schedule of Tariff Commitments Mala
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“RVC(XX)” means that the good m
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Column 1 Column 2 Column 3 Column 4
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(CC) factory security (DD) insuranc
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(c) the other statements of the CO
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(b) For multiple goods declared und
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(v) the Issuing Authority receiving
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(ii) the exporter has sold the good
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OVERLEAF NOTES Original /Duplicate
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Annex 6-1 (List of Products for Req
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Annex 7-2 Mutual Recognition Agreem
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Modes of supply: 1) Cross-border su
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- the capability of implementing in
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Annex 8-1 Schedule of Malaysia Expl
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(d) cost-oriented rates means based
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3. Access to and Use of Public Tele
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4.3 Each Party shall endeavour to e
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(b) Options for Interconnecting wit
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links and submarine cable capacity
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services, unless the requirement is
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Business Visitors ANNEX 9-1 (a) Mal
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(ii) documentation demonstrating th
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Annex 12-1 Security Exceptions The
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