International treaty

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

Published 16 December 2021

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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 the provisions of this Agreement.

Article 1.2: Relation to Other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under existing international agreements to which both Parties are party, including the WTO Agreement.

2. If a Party considers that a provision of this Agreement is inconsistent with a provision of another agreement to which it and the other Party are party, the Parties shall, on request, consult with a view to reaching a mutually satisfactory solution. This paragraph is without prejudice to a Party바카라 사이트檚 rights and obligations under Chapter 30 (Dispute Settlement).^{[footnote 1]}

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 (the 바카라 사이트淧rotocol바카라 사이트�) is in force,^{[footnote 2]} nothing in this Agreement shall preclude the United Kingdom from adopting or maintaining measures, or refraining from doing so, further to聽the Protocol,聽and amendments thereto and subsequent agreements replacing parts thereof, provided that such measures, or聽the聽absence of such measures, are聽not used as a means of arbitrary or unjustified discrimination against the聽other Party聽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 3]} on this Agreement and seek a mutually acceptable solution.^{[footnote 4]}

Article 1.3: Laws and regulations and their amendments

Where reference is made in this Agreement to laws or regulations of a Party, those laws or regulations shall be understood to include amendments thereto and successor laws or regulations, unless otherwise specified.

Article 1.4 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 Australia;

바카라 사이트淎greement on Safeguards바카라 사이트� means the Agreement on Safeguards, in Annex 1A to the WTO Agreement;

바카라 사이트渃entral level of government바카라 사이트� means:

(a) for Australia, the Commonwealth 바카라 사이트; and

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

바카라 사이트�Joint Committee바카라 사이트� means the Australia-United Kingdom Joint Committee established under Article 29.1 (Establishment of the Joint Committee 바카라 사이트� Administrative and Institutional Provisions);

바카라 사이트渃overed investment바카라 사이트� means, with respect to a Party, an investment in its territory of an investor of the other Party 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) for Australia, the Department of Home Affairs, or its successor; and

(b) for 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 apply to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, 바카라 사이트榗ustoms authority바카라 사이트� shall also mean:

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

(ii) with respect to the Bailiwick of Guernsey, Guernsey Customs & Excise or its successor; and

(iii) with respect to the Isle of Man, the Customs and Excise Division, 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, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article III:2 of GATT 1994;

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

(c) antidumping or countervailing duty applied聽consistently聽with the provisions of聽Article聽VI聽of GATT 1994, the聽Anti-dumping Agreement,聽and聽the SCM听础驳谤别别尘别苍迟;听

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;

바카라 사이트渄ays바카라 사이트� means calendar days;

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 any 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.聽 For greater certainty, references in this Agreement to articles in the 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 System (HS)바카라 사이트� means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and Subheading Notes as adopted and implemented by the Parties in their respective laws;

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

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

바카라 사이트渘ational바카라 사이트� means:

(a) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act 2007 (Cth) or a permanent resident; and

(b) for the United Kingdom, a British citizen in accordance with its applicable laws and regulations, or a permanent resident;

바카라 사이트渙riginating바카라 사이트� means qualifying as originating under the rules of origin in Chapter 4 (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egional level of government바카라 사이트� means:

(a) for Australia, a state of Australia, the Australian Capital Territory or the Northern Territory;

(b) for the United Kingdom:

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

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

바카라 사이트渞ecovered聽material바카라 사이트澛爉eans a material comprising one or more individual parts that results from:聽聽聽聽

(a) the disassembly of a used good into individual parts; and바카라 사이트�聽聽

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

바카라 사이트�remanufactured good바카라 사이트� means a good바카라 사이트痗lassified in HS Chapters 84 through 90,바카라 사이트痮r under heading바카라 사이트�94.02,바카라 사이트痚xcept바카라 사이트痑바카라 사이트痝ood classified under HS headings바카라 사이트�87.02,바카라 사이트�87.03, 87.04, 87.05, 87.11 and 87.16,바카라 사이트痮r subheading바카라 사이트�8701.20^{[footnote 5]}바카라 사이트痶丑补迟:바카라 사이트�舛寞

(a) is entirely or partially comprised of parts바카라 사이트痶hat are바카라 사이트痳ecovered materials;바카라 사이트�

(b) has similar life expectancy,바카라 사이트痺orking conditions and performance to the equivalent good in new condition; and바카라 사이트�

(c)바카라 사이트� is given바카라 사이트�바카라 사이트痑바카라 사이트痺arranty바카라 사이트痠n substance the바카라 사이트痵ame as the equivalent good in new condition;

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

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�SPS Agreement바카라 사이트� means the Agreement on the Application of Sanitary and Phytosanitary Measures, in Annex 1A to the WTO Agreement;

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�TBT Agreement바카라 사이트� means the Agreement on Technical Barriers to Trade, in Annex 1A to the WTO Agreement;

바카라 사이트淭rade Facilitation Agreement바카라 사이트� means the Agreement on Trade Facilitation, in Annex 1A to the WTO Agreement;

바카라 사이트渢erritory바카라 사이트� means:

(a) for Australia, the territory of Australia:

(i) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and

(ii) including Australia바카라 사이트檚 territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law, particularly the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982;

(b) for 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 sea-bed and subsoil of those areas, over which the United Kingdom may exercise sovereign rights or jurisdiction in accordance with international law;

(iii) the Bailiwicks of Guernsey and 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:

(A) Chapter 2 (Trade in Goods);

(B) Chapter 4 (Rules of Origin and Origin Procedures);

(C) Chapter 5 (Customs Procedures and Trade Facilitation);

(D) Chapter 6 (Sanitary and Phytosanitary Measures); and

(E) Chapter 25 (Animal Welfare and Antimicrobial Resistance);

바카라 사이트�TRIPS Agreement바카라 사이트� means the Agreement on Trade-Related Aspects of Intellectual Property Rights, in Annex 1C to the WTO Agreement, as revised or amended from time to time by a revision or amendment that applies to the Parties and including any waiver of any provision thereof granted by Members of the WTO;

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. For the purposes of application of this Agreement, the Parties agree that the fact that an agreement provides more favourable treatment of goods, services, investments or persons than that provided for under this Agreement does not mean that there is an inconsistency within the meaning of paragraph 2.聽鈫�

2. The Parties note in particular that arrangements for democratic consent specified at Article 18 of the Protocol may result in Articles 5 through 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�

3. 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�

4. This paragraph is without prejudice to Article 28.5 (Provision of Information - Transparency and Anti-Corruption).聽鈫�

5. For greater certainty, the references to the tariff classification number of the Harmonized System in this definition are based on the Harmonized System, as amended on 1 January 2017.바카라 사이트�聽鈫�