SICE - U.S.-Australia FTA

Preamble

Chapter One	Establishing of a Free Trade Area and Definitions
Article 1.1	General
Article 1.2	General Definitions
	Annex 1-A: Certain Definitions

Chapter Two	National Treatment and Market Access for Goods
Article 2.1	Scope and Coverage
Section A	National Treatment
Article 2.2	National Treatment
Section B	Tariffs
Article 2.3	Elimination of Customs Duties
Article 2.4	Customs Value
Article 2.5	Temporary Admission
Article 2.6	Goods Re-Entered after Repair or Alteration
Article 2.7	Duty-Free Entry of Commercial samples of Negligible Value and Printed Advertising Materials
Article 2.8	Waiver of Customs Duties
Section C	Non-Tariff Measures
Article 2.9	Import and Export Restrictions
Article 2.10	Administrative Fees and Formalities
Article 2.11	Export Taxes
Section D	Other Measures
Article 2.12	Merchandise Processing Fee
Section E	Institutional Provisions
Article 2.13	Committee on Trade in Goods
Section F	Definitions
Article 2.13	Definitions
	Annex 2-A: Application of Chapter Two
	Section A: Measures of The United States
	Section B: Measures of Australia
	Annex 2-B: Tariff Elimination
	Tariff Schedule of Australia
	General Notes
	Australia Harmonized Tariff Schedule
	Tariff Schedule of the United States
	General Notes
	U.S. Harmonized Tariff Schedule
	Annex 2-C: Pharmaceuticals

Chapter Three	Agriculture
Article 3.1	Multilateral Cooperation
Article 3.2	Committee on Agriculture
Article 3.3	Exports Subsidies
Article 3.4	Agricultural Safeguard Measures
Article 3.5	Administration of Tariff-Rate Quotas
Article 3.6	Review of Dairy Market Access Commitments
Article 3.7	Definitions
	Annex 3-A: Agricultural Safeguard Measures
	Section A: Price-Based Safeguard for Horticulture
	Section B: Quantity-Based Safeguard for Beef
	Section C: Price-Based Safeguard for Beef

Chapter Four	Textiles and Apparel
Article 4.1	Bilateral Emergency Actions
Article 4.2	Rules of Origin and Related Matters
Article 4.3	Customs Cooperation
Article 4.4	Definitions
	Annex 4-A: Textile Or Apparel Specific Rules of Origin for Chapters 42, 50 through 63, 70, and 94

Chapter Five	Rules of Origin
Section A	Rules of Origin
Article 5.1	Originating Goods
Article 5.2	De Minimis
Article 5.3	Accumulation
Article 5.4	Regional Value Content
Article 5.5	Value of Materials
Article 5.6	Accessories, Spare Parts, and Tools
Article 5.7	Fungible Goods and Materials
Article 5.8	Packaging Materials and Containers for Retail Sale
Article 5.9	Packaging Materials and Containers for Shipment
Article 5.10	Indirect Materials
Article 5.11	Third Country Transportation
Section B	Supporting Information and Verification
Article 5.12	Claims for Preferential Treatment
Article 5.13	Obligations Relating to Importations
Article 5.14	Record Keeping Requirement
Article 5.15	Verification
Section C	Consultation and Modifications
Article 5.16	Consultation and Modifications
Section D	Application and Interpretation
Article 5.17	Application and Interpretation
Section E	Definitions
Article 5.18	Definitions
	Annex 5-A: Specific Rules of Origin

Chapter Six	Customs Administration
Article 6.1	Publication and Notification
Article 6.2	Administration
Article 6.3	Advance Rulings
Article 6.4	Review and Appeal
Article 6.5	Cooperation
Article 6.6	Confidentiality
Article 6.7	Penalties
Article 6.8	Release and Security
Article 6.9	Risk Assessment
Article 6.10	Express Shipments
Article 6.11	Definition of Customs Matters

Chapter Seven	Sanitary and Phytosanitary Measures
Article 7.1	Objectives
Article 7.2	Scope and Coverage
Article 7.3	Affirmation of the SPS Agreement
Article 7.4	Committee on Sanitary and Phytosanitary Matters
Article 7.5	Definitions
	Annex 7-A: Standing Technical Working Group on Animal and Plant Health Measures

Chapter Eight	Technical Barriers to Trade
Article 8.1	Scope and Coverage
Article 8.2	Affirmation of the TBT Agreement
Article 8.3	Regional Governments
Article 8.4	International Standards
Article 8.5	Technical Regulations
Article 8.6	Conformity Assessment Procedures
Article 8.7	Transparency
Article 8.8	Trade Facilitation
Article 8.9	Chapter Coordinators
Article 8.10	Information Exchange
Article 8.11	Definitions
	Annex 8-A: Chapter Coordinator

Chapter Nine	Safeguards
Article 9.1	Imposition of a Safeguard Measure
Article 9.2	Conditions and Limitations
Article 9.3	Provisional Safeguard Measures
Article 9.4	Compensation
Article 9.5	Global Safeguard Measures
Article 9.6	Definitions

Chapter Ten	Cross-Border Trade in Services
Article 10.1	Scope and Coverage
Article 10.2	National Treatment
Article 10.3	Most-Favoured-Nation Treatment
Article 10.4	Market Access
Article 10.5	Local Presence
Article 10.6	Non-Conforming Measures
Article 10.7	Domestic Regulation
Article 10.8	Transparency in Development and Application of Regulations
Article 10.9	Recognition
Article 10.10	Transfers and Payments
Article 10.11	Denial of Benefits
Article 10.12	Specific Commitments
Article 10.13	Implementation
Article 10.14	Definitions
	Annex 10-A: Professional Services

Chapter Eleven	Investment
Article 11.1	Scope and Coverage
Article 11.2	Relation to Other Chapters
Article 11.3	National Treatment
Article 11.4	Most-Favoured Nation Treatment
Article 11.5	Minimum Standard of Treatment
Article 11.6	Treatment in Case of Strife
Article 11.7	Expropriation and Compensation
Article 11.8	Transfers
Article 11.9	Performance Requirements
Article 11.10	Senior Management and Boards of Directors
Article 11.11	Investment and Environment
Article 11.12	Denial of Benefits
Article 11.13	Non-Conforming Measures
Article 11.14	Special Formalities and Information Requirements
Article 11.15	Implementation
Article 11.16	Consultations on Investor-State Dispute Settlement
Article 11.17	Definitions
	Annex 11-A: Customary International Law
	Annex 11-B: Expropriation

Chapter Twelve	Telecommunications
Article 12.1	Scope and Coverage
Section A	Access to and Use of Public Telecommunications Services
Article 12.2	Access and Use
Section B	Suppliers of Public Telecommunications Services
Article 12.3	Interconnection
Article 12.4	Number Portability
Article 12.5	Dialing Parity
Article 12.6	Submarine Cable Systems
Section C	Conduct of Major Suppliers of Public Telecommunications Services
Article 12.7	Treatment by Major Suppliers
Article 12.8	Competitive Safeguard
Article 12.9	Resale
Article 12.10	Unbundling of Network Elements
Article 12.11	Interconnection
Article 12.12	Provisioning and Pricing of Leased Circuit Services
Article 12.13	Co-location
Article 12.14	Access to Poles, Ducts, Conduits, and Rights of Way
Section D	Other Measures
Article 12.15	Flexibility in the Choice of Technology
Article 12.16	Conditions for the Supply of Value-Added Services
Article 12.17	Independent Regulatory Bodies and Divestment
Article 12.18	Universal Service
Article 12.19	Regulatory Procedures
Article 12.20	Allocation and Use of Scarce Telecommunications Resources
Article 12.21	Enforcement
Article 12.22	Resolution of Telecommunications Disputes and Appeal Processes
Article 12.23	Forbearance
Article 12.24	Relationship to Other Chapters
Article 12.25	Definitions

Chapter Thirteen	Financial Services
Article 13.1	Scope and Coverage
Article 13.2	National Treatment
Article 13.3	Most-Favoured-Nation Treatment
Article 13.4	Market Access for Financial Institutions
Article 13.5	Cross-Border Trade
Article 13.6	New Financial Services
Article 13.7	Treatment of Certain Information
Article 13.8	Senior Management and Boards of Directors
Article 13.9	Non-Conforming Measures
Article 13.10	Exceptions
Article 13.11	Regulatory Transparency
Article 13.12	Self-Regulatory Organisations
Article 13.13	Payment and Clearing Systems
Article 13.14	Expedited Availability of Insurance Services
Article 13.15	Recognition
Article 13.16	Financial Services Committee
Article 13.17	Consultations
Article 13.18	Dispute Settlement
Article 13.19	Definitions
	Annex 13-A: Cross-Border Trade
	Annex 13-B: Specific Commitments
	Annex 13-C: Authorities Responsible for Financial Services

Chapter Fourteen	Competition-Related Matters
Article 14.1	Objectives
Article 14.2	Competition Law and Anticompetitive Business Conduct
Article 14.3	Designated Monopolies
Article 14.4	State Enterprises and Related Matters
Article 14.5	Differences in Pricing
Article 14.6	Cross Border Consumer Protection
Article 14.7	Recognition and Enforcement of Monetary Judgments
Article 14.8	Transparency
Article 14.9	Cooperation
Article 14.10	Consultations
Article 14.11	Dispute Settlement
Article 14.12	Definitions

Chapter Fifteen	Government Procurement
Article 15.1	Scope and Coverage
Article 15.2	General Principles
Article 15.3	Publication of Procurement Information
Article 15.4	Publication of Notice of Intended Procurement
Article 15.5	Time Limits
Article 15.6	Information on Intended Procurements
Article 15.7	Tendering Procedures
Article 15.8	Limited Tendering
Article 15.9	Treatment of Tenders and Awarding of Contracts
Article 15.10	Ensuring Integrity in Procurement Practices
Article 15.11	Domestic Review of Supplier Challenges
Article 15.12	Exceptions
Article 15.13	Modifications and Rectifications to Coverage
Article 15.14	Cooperation
Article 15.15	Definitions
	Annex 15-A
	Section 1: Central Government Entities
	Section 2: Regional Government Entities
	Section 3: Government Enterprises
	Section 4: Goods
	Section 5: Services
	Section 6: Construction Services
	Section 7: General Notes
	Section 8: Threshold Adjustment Formula

Chapter Sixteen	Electronic Commerce
Article 16.1	General
Article 16.2	Electronic Supply of Services
Article 16.3	Custom Duties
Article 16.4	Non-Discriminatory Treatment of Digital Products
Article 16.5	Authentication and Digital Certificates
Article 16.6	Online Consumer Protection
Article 16.7	Paperless Trade Administration
Article 16.8	Definitions

Chapter Seventeen	Intellectual Property Rights
Article 17.1	General Provisions
Article 17.2	Trademarks, Including Geographical Indications
Article 17.3	Domain Names on the Internet
Article 17.4	Copyright
Article 17.5	Copyright Works
Article 17.6	Performers and Producers of Phonograms
Article 17.7	Protection of Encrypted Programme-Carrying Satellite signals
Article 17.8	Designs
Article 17.9	Patents
Article 17.10	Measures Related to Certain Regulated Products
Article 17.11	Enforcement of Intellectual Property Rights
Article 17.12	Transitional Provisions

Chapter Eighteen	Labour
Article 18.1	Statement of Shared Commitment
Article 18.2	Application and Enforcement of Labour Laws
Article 18.3	Procedural Guarantees and Public Awareness
Article 18.4	Institutional Arrangements
Article 18.5	Labour Cooperation
Article 18.6	Labour Consultations
Article 18.7	Definitions

Chapter Nineteen	Environment
Article 19.1	Levels of Protection
Article 19.2	Application and Enforcement of Environmental Laws
Article 19.3	Procedural Guarantees and Public Awareness
Article 19.4	Voluntary Mechanisms to Enhance Environmental Performance
Article 19.5	Institutional Arrangements and Public Participation

About the Agreement	U.S. - Australia Free Trade Agreement
Signature: 2004-May -18 Entry into Force: 2005-January-01	(This agreement has been marked up in HTML by SICE. A PDF version can be found here.) Index