Thailand-Australia Free Trade Agreement

Chapter 19 - Final Provisions

Article 1901

Headings

The headings of the Chapters and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.

Article 1902

Annexes and Footnotes

The Annexes and Footnotes to this Agreement shall form an integral part of this Agreement.

Article 1903

Amendments

This Agreement may be amended by agreement in writing by the Parties, and such amendments shall enterinto force on such date or dates as may be agreed between them.

Article 1904

Application

Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities.

Article 1905

Association with the Agreement

This Agreement is open to accession or association, on terms to be agreed between the Parties, by any member of the WTO, or by any other State or separate customs territory.

Article 1906

Consultations on Inconsistencies with other Agreements

If either Party considers there is any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall consult each other with a view to finding a mutually satisfactory solution.

Article 1907

Preferences under other Agreements

  1. Except for Article 908 (2), Article 917 (3) and Article 1605, nothing in this Agreement shall be regarded as obliging a Party to extend to the other Party the benefit of any treatment, preference or privilege arising from any existing or any future customs union, free trade area, free trade arrangement, common market, monetary union or similar international agreement or other similar forms of bilateral or regional cooperation to which either of the Parties is or may become party; or as preventing the adoption of an agreement designed to lead to the formation or extension of such a union, area or arrangement or market.
  2. Where, by virtue of the Annex on Article II Exemptions to GATS, a Party is exempt from the obligations of Paragraph 1 of Article II of GATS in relation to an agreement or arrangement with a non-Party, nothing in this Agreement shall be regarded as obliging that Party to extend to the other Party the benefit of any treatment, preference or privilege arising from such agreement or arrangement.  This Paragraph applies whether or not the treatment, preference or privilege under that agreement or arrangement would itself be subject to the obligations of Paragraph 1 of Article II of GATS except for the Annex on Article II Exemptions to GATS.

Article 1908

Termination of 1979 Trade Agreement

The Trade Agreement Between the Government of Australia and the Government of the Kingdom of Thailand, done at Bangkokon 5 October 1979, shall terminate on the day of entry into force of this Agreement.

Article 1909

Financial Provisions

Any cooperative activities envisaged or undertaken under this Agreement shall be subject to the availability of resources and to the laws,regulations and policies of the Parties. Costs of cooperative activities shall be borne in such manner as may be mutually determinedfrom time to time between the Parties.

Article 1910

Entry into Force, Duration and Termination

  1. This Agreement shall enter into force 30 days after the date on which the Parties have notified each other in writing that their respective internal procedures for the entry into force of this Agreement have been fulfilled.
  2. This Agreement shall remain in force until one Party gives written notice of its intention to terminate it, in which case this Agreement shall terminate twelve months after the date of the notice of termination.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE in duplicate at ______________ this ___ day of ____________,     two-thousand and four, in the English language.

For Australia

[Signed:]

For the Kingdom of Thailand

[Signed:]

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