International treaty

Chapter 1: Initial Provisions and General Definitions (web version)

Published 28 February 2022

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Article 1.1: Establishment of a Free Trade Area

The Parties, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish a free trade area in accordance with this Agreement.

Article 1.2: Relation to Other Agreements

1. Each Party affirms its existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are party, including the WTO Agreement.

2. Unless otherwise provided in this Agreement, 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.

3. For as long as the Protocol on Ireland/Northern Ireland to the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, signed in London and Brussels on 24 January 2020 (바카라 사이트淧rotocol바카라 사이트�) is in force,^{[footnote 1]} nothing in this Agreement shall preclude the United Kingdom from adopting or maintaining measures, or refraining from doing so, further to the Protocol, and amendments thereto and subsequent agreements replacing parts thereof, provided that such measures, or the absence of such measures, are not used as a means of arbitrary or unjustified discrimination against the other Party or as a disguised restriction on trade.바카라 사이트�聽

4. On request of either Party, the Parties shall hold consultations, in relation to the effects of a measure described in paragraph 3 the United Kingdom has adopted, or absence thereof,^{[footnote 2]} on this Agreement and seek a mutually acceptable solution.^{[footnote 3]}

Article 1.3: General Definitions

For the purposes of this Agreement, unless otherwise provided in this Agreement:

바카라 사이트�AD Agreement바카라 사이트� means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

바카라 사이트淎greement바카라 사이트� means the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New聽Zealand;

바카라 사이트渃entral level of government바카라 사이트� means:

(a) for New Zealand, the national level of government;

(b) for the United Kingdom, her Majesty바카라 사이트檚 바카라 사이트 of the United聽Kingdom of Great Britain and Northern Ireland;

바카라 사이트渃overed investment바카라 사이트� means, with respect to a Party, an investment in its territory of an investor of the other Party, made in accordance with the applicable law at the time the investment is made,^{[footnote 4]} in existence as of the date of entry into force of this Agreement or established, acquired, or expanded thereafter;

바카라 사이트渃ustoms authority바카라 사이트� means:

(a) with respect to New Zealand, the New聽Zealand Customs Service or its successor;聽

(b) with respect to the United Kingdom, Her Majesty바카라 사이트檚 Revenue and Customs or its successor or, where relevant, any other authority responsible for customs matters within its territory. For greater certainty, with respect to the provisions of this Agreement which apply바카라 사이트痶o the바카라 사이트疊ailiwick바카라 사이트痮f바카라 사이트疓uernsey, the Bailiwick of Jersey,바카라 사이트痮r바카라 사이트痶he바카라 사이트疘sle of Man, 바카라 사이트渃ustoms authority바카라 사이트� shall also mean:

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(i) with respect to the Bailiwick of Jersey, the Jersey Customs & Immigration Service or its successor;聽聽聽

(ii) with respect to the Bailiwick of Guernsey, Guernsey Customs &바카라 사이트疎xcise or its successor;바카라 사이트痑nd바카라 사이트�

(iii) with respect to the Isle of Man, the Customs and Excise Division of the Isle of Man Treasury or its successor;

바카라 사이트渃ustoms duty바카라 사이트� includes any duty or charge of any kind imposed on or in connection with the importation of a good, and any form of surtax or surcharge imposed in connection with such importation, but does not include any:聽聽

(a) charge equivalent to an internal tax imposed consistently with Article III:2바카라 사이트痮f GATT 1994;聽

(b) antidumping or countervailing duty applied consistently with the provisions of Article VI of GATT 1994, the AD Agreement, and the SCM Agreement;聽or바카라 사이트�聽

(c) fee or other charge in connection with the importation commensurate with the cost of services rendered;聽

바카라 사이트淐ustoms Valuation Agreement바카라 사이트� means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;聽

바카라 사이트渄ays바카라 사이트� means calendar days, including weekends and holidays;

바카라 사이트渆nterprise바카라 사이트� means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including a corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organisation;

바카라 사이트渆xisting바카라 사이트� means in effect on the date of entry into force of this Agreement;

바카라 사이트�GATS바카라 사이트� means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement;

바카라 사이트�GATT 1994바카라 사이트� means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement. For greater certainty, references in this Agreement to articles in GATT 1994 include the interpretative notes;

바카라 사이트済ood바카라 사이트� means any merchandise, product, article, or material;

바카라 사이트済oods of a Party바카라 사이트� means domestic products as these are understood in GATT 1994, or such goods as the Parties may agree, and includes originating goods of a Party;

바카라 사이트済overnment procurement바카라 사이트� means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;

바카라 사이트淗armonized System바카라 사이트� or 바카라 사이트�HS바카라 사이트� means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and Subheading Notes;

바카라 사이트渉eading바카라 사이트� means the first four digits in the tariff classification number under the Harmonized System;

바카라 사이트淛oint Committee바카라 사이트� means the New Zealand 바카라 사이트� United Kingdom Joint Committee established under Article 30.1 (Establishment of the Joint Committee 바카라 사이트� Institutional Provisions);

바카라 사이트渕easure바카라 사이트� includes any law, regulation, procedure, requirement, or practice;

바카라 사이트渘ational바카라 사이트� means:

(a) for New Zealand, a citizen of New Zealand under its laws or a natural person who has the right of permanent residence in New聽Zealand;

(b) for the United Kingdom,바카라 사이트痑바카라 사이트疊ritish Citizen in accordance with바카라 사이트痠ts applicable laws and regulations, or a permanent resident;

바카라 사이트淥ECD바카라 사이트� means the Organisation for Economic Co-operation and Development;

바카라 사이트渙riginating good바카라 사이트� or 바카라 사이트渙riginating material바카라 사이트� means a good that qualifies as originating under the rules of origin in Chapter 3 (Rules of Origin and Origin Procedures);

바카라 사이트減erson바카라 사이트� means a natural person or an enterprise;

바카라 사이트減erson of a Party바카라 사이트� means a national or an enterprise of a Party;

바카라 사이트渞ecovered material바카라 사이트� means a material comprising one or more individual parts that results from:

(a) the disassembly of a used good into individual parts; and

(b) the cleaning, testing, or other processing of those individual parts as necessary for improvement to sound working condition;

바카라 사이트渞egional level of government바카라 사이트� means:

(a) for New Zealand: the term regional level of government is not applicable;

(b) for the United Kingdom:

(i) England, Northern Ireland, Scotland, or Wales; or

(ii) Her Majesty바카라 사이트檚 바카라 사이트 of the United Kingdom of Great Britain and Northern Ireland in respect of England, Northern聽Ireland, Scotland, or Wales, but not the United聽Kingdom as a whole;

바카라 사이트渞emanufactured goods바카라 사이트� means a good that:바카라 사이트�바카라 사이트�聽

바카라 사이트�聽

(a) is entirely or partially comprised of recovered materials;

(b) has similar life expectancy and performance compared to the equivalent good when바카라 사이트痭ew; and

(c) has a warranty similar to that applicable to such a good when new;

바카라 사이트淪afeguards Agreement바카라 사이트� means the Agreement on Safeguards in Annex 1A to the WTO Agreement;

바카라 사이트渟anitary or phytosanitary measure바카라 사이트� means any measure referred to in paragraph 1 of Annex A to the Sanitary and Phytosanitary Agreement in Annex 1A to the WTO Agreement;

바카라 사이트淪anitary Agreement바카라 사이트� means the Agreement between the 바카라 사이트 of the United聽Kingdom of Great Britain and Northern Ireland and the 바카라 사이트 of New聽Zealand on Sanitary Measures Applicable to Trade in Live Animals and Animal Products done at London on 21 January 2019;

바카라 사이트�SCM Agreement바카라 사이트� means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

바카라 사이트淪ME바카라 사이트� means a small and medium-sized enterprise, including a micro-sized enterprise;

바카라 사이트渟tate enterprise바카라 사이트� means an enterprise that is owned, or controlled through ownership interests, by a Party;

바카라 사이트渟ubheading바카라 사이트� means the first six digits in the tariff classification number under the Harmonized System;

바카라 사이트渢erritory바카라 사이트� means:

(a) for New Zealand, the territory of New Zealand and the exclusive economic zone, seabed, and subsoil over which it exercises sovereign rights with respect to natural resources in accordance with international law, but does not include Tokelau;

(b) in respect of the United Kingdom:

(i) the territory of the United Kingdom of Great Britain and Northern Ireland including its territorial sea and airspace;

(ii) all the areas beyond the territorial sea of the United Kingdom, including the seabed and subsoil of those areas, over which the United Kingdom may exercise sovereign rights or jurisdiction in accordance with international law;

(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey, and the Isle of Man (including their airspace and the territorial sea adjacent to them), territories for whose international relations the United Kingdom is responsible, as regards the following provisions in their entirety, unless otherwise provided in this Agreement:

(A) Chapter 2 (National Treatment and Market Access for Goods), including Annex 2A (Schedule of Tariff Commitments for Goods);

(B) Chapter 3 (Rules of Origin and Origin Procedures);

(C) Chapter 4 (Customs Procedures and Trade Facilitation);

(D) Chapter 5 (Sanitary and Phytosanitary Measures); and

(E) Chapter 6 (Animal Welfare); and

(iv) any territory for whose international relations the United聽Kingdom is responsible and to which this Agreement is extended or further extended in accordance with Article 33.6 (Territorial Extension 바카라 사이트� Final Provisions);

바카라 사이트�TRIPS Agreement바카라 사이트� means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement;^{[footnote 5]}

바카라 사이트�WTO바카라 사이트� means the World Trade Organization; and

바카라 사이트�WTO Agreement바카라 사이트� means the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994.

1. The Parties note in particular that arrangements for democratic consent specified at Article 18 of the Protocol may result in Articles 5 to 10, and other provisions of the Protocol dependent on the same Articles for their application, ceasing to apply to the United Kingdom in accordance with the arrangements specified at Article 18.聽鈫�

2. For greater certainty, this refers to a measure described in paragraph 3 which is adopted after entry into force of this Agreement or the absence of such measure.聽鈫�

3. This paragraph is without prejudice to Article 29.5 (Provision of Information 바카라 사이트� Transparency).聽鈫�

4. For greater certainty, minor or technical breaches of law shall not deprive investors and covered investments of treaty protection.聽鈫�

5. For greater certainty, TRIPS Agreement includes any waiver in force between the Parties of any provision of the TRIPS Agreement granted by WTO members in accordance with the WTO Agreement.聽鈫�