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AGREEMENT BETWEEN NEW ZEALAND and the SEPARATE CUSTOMS TERRITORY of TAIWAN, PENGHU, KINMEN, and MATSU • Annex

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AGREEMENT BETWEEN NEW ZEALAND and the SEPARATE CUSTOMS TERRITORY of TAIWAN, PENGHU, KINMEN, and MATSU • Annex Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation 1 Contents Preamble 1. Initial Provisions 2. Trade in Goods 3. Rules of Origin 4. Customs Procedures and Cooperation 5. Trade Remedies 6. Sanitary and Phytosanitary Measures 7. Technical Barriers to Trade 8. Competition 9. Electronic Commerce 10. Intellectual Property 11. Government Procurement 12. Investment 13. Cross-Border Trade in Services 14. Temporary Entry of Business Persons 15. Air Transport Services 16. Trade and Labour 17. Trade and Environment 18. Film and Television Co-Production 19. Cooperation on Indigenous Issues 20. Transparency 21. Dispute Settlement 22. Institutional Provisions 23. General Provisions 24. General Exceptions 25. Final Provisions 2 Annexes 1. Annex 1: Tariff Schedules • Annex 1 Part A: Tariff Schedule of New Zealand • Annex 1 Part B: Tariff Schedule of Chinese Taipei • Appendix: Chinese Taipei’s Tariff Rate Quotas (TRQ) for Liquid Milk and Deer Velvet 2. Annex 2: PSR Schedule 3. Annex 3: Government Procurement • Annex 3:I: List of Entities and Covered Goods and Services • Annex 3:II: Thresholds • Annex 3:III: Single Electronic Point of Access • Annex 3:IV: Contact Points 4. Annex 4: Non-Conforming Measures • Annex 4:I • Annex 4:II 5. Annex 5: Expropriation 6. Annex 6: Schedules of Commitments on Temporary Entry of Business Persons 7. Annex 7: Environmental Goods List 8. Annex 8: Model Rules of Procedure for Arbitral Tribunals Implementing Arrangements • Implementing Arrangement on Rules of Origin Operational Procedures • Implementing Arrangement on Film and Television Co-Production AIR TRANSPORT AGREEMENT BETWEEN NEW ZEALAND AND THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN, AND MATSU • Annex 3 Preamble New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu (hereinafter referred to as “Chinese Taipei”), collectively referred to as “the Parties" and individually as “a Party”: BUILDING on their rights and obligations under the World Trade Organisation (“WTO”); MINDFUL of their commitment to the Asia-Pacific Economic Cooperation (“APEC”) goals and principles, and in particular the efforts of all APEC economies to meet the APEC Bogor Goals of free and open trade; BELIEVING that open, transparent and competitive markets are the key drivers of economic efficiency, innovation, wealth creation, employment and consumer welfare; RECOGNISING that the strengthening of their economic partnership through an Economic Cooperation Agreement, which removes barriers on the trade of goods and services and investment flows, will produce mutual benefits for the Parties; CONFIRMING their shared commitment to trade facilitation through removing non-tariff barriers and reducing costs to the movement of goods between New Zealand and Chinese Taipei; RECOGNISING the significance of good governance and good regulatory practice in creating a predictable, transparent and consistent business environment to enable businesses to conduct transactions freely, and use resources efficiently and take investment and planning decisions with certainty; DESIRING to enhance the competitiveness of their firms in global markets including through protecting and promoting the competitive process and the design of regulation that minimises distortions to competition; 4 CONSIDERING the benefits of enhancing communication and cooperation on labour and environment; MINDFUL that fostering innovation and the promotion and protection of intellectual property rights will encourage further trade, investment and cooperation between the Parties; RECOGNISING their right to regulate, and to introduce new regulations on the supply of goods, services and investment in order to meet government policy objectives; DESIRING to strengthen the cooperative framework for cultural and people-to-people contacts between indigenous peoples in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand’s Māori and expand and facilitate trade and economic relations between them; Have agreed as follows: 5 CHAPTER 1 INITIAL PROVISIONS Article 1 Establishment of Economic Cooperation Agreement The Parties, as members of the WTO and consistent with the provisions of the WTO Agreement, hereby agree to liberalise trade in services, duties and other regulations of commerce in this Economic Cooperation Agreement. Article 2 Objectives The objectives of this Agreement, as elaborated more specifically through its principles and rules, are to: (a) encourage expansion and diversification of trade between the Parties; (b) eliminate barriers to trade in, and facilitate the movement of, goods and services between the Parties; (c) substantially increase investment opportunities between the Parties; (d) promote conditions of fair competition in and between the Parties; (e) ensure effective protection and enforcement of intellectual property rights in the Parties; (f) encourage the use of good regulatory practices (as set out in Annex D (“Strengthening Implementation of Good Regulatory Practices”) of the 6 2011 APEC Leaders’ Declaration) 1 for the planning, design, implementation and review of regulation; and (g) provide an effective mechanism to prevent and resolve trade disputes. Article 3 General Definitions For the purposes of this Agreement, unless otherwise specified: Agreement means this Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Cooperation. customs administration means: (a) in respect to New Zealand, the New Zealand Customs Service; and (b) in respect to Chinese Taipei, the Taiwan Customs Administration. customs duty includes any duty or charges of any kind imposed in connection with the importation of a good, and any surtaxes or surcharges imposed in connection with such importation, but does not include: (a) charges equivalent to an internal tax imposed consistently with GATT 1994, including excise duties and goods and services tax; 1 In interpreting the third paragraph of Annex D: - the term “draft measures” is to be read as a reference not only to the draft text of regulations, but also to proposals for regulations as set out in documents such as policy proposals, discussion documents,or summaries of proposed regulations; and - the commitments referenced are each to be read as subject to the qualifier “to the extent possible”. 7 (b) any anti-dumping or countervailing duty applied consistently with Article VI of GATT 1994, the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, and the WTO Agreement on Subsidies and Countervailing Measures; and (c) fees or other charges that: (i) are limited in amount to the approximate cost of services rendered; and (ii) do not represent a direct or indirect protection for domestic goods or a taxation of imports for fiscal purposes; Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement; days means calendar days; enterprise means any entity constituted or organised under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organisation and a branch of an enterprise; enterprise of a Party means an enterprise which is organised or constituted under the laws of that Party, and a branch located in a Party and carrying out business activities there; 8 GATS means the General Agreement on Trade in Services, which is part of the WTO Agreement; GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement; Harmonised System or HS means the Harmonized Commodity Description and Coding System of the World Customs Organization; measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form; natural person of a Party means a citizen or a permanent resident of a Party under its laws; person means a natural person or an enterprise; and WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994. Article 4 Interpretations In this Agreement, unless the context otherwise requires: (a) This Agreement shall be interpreted in accordance with the rules of interpretation applicable to the WTO Agreement, and as informed by its jurisprudence mutatis mutandis. 9 (b) Where anything under this Agreement is to be done within a number of days after, before or of a specified date or event, the specified date or the date on which the specified event occurs shall not be included in calculating that number of days. 10 CHAPTER 2 TRADE IN GOODS Article 1 Scope Except as otherwise provided, this Chapter shall apply to trade in all goods between the Parties. Article 2 National Treatment Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994. To this end, Article III of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. Article 3 Elimination of Customs Duties 1. Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty above the base rate, or adopt any new customs duty, on an originating good of the other Party. 2. Except as otherwise provided in this Agreement, and subject to each Party’s Tariff Schedule in Annex
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