Australia-UAE CEPA Chapter 11 Investment Facilitation

Article 11.1 Australia-UAE Investment Agreement

The Parties acknowledge that, in addition to the provisions of this Chapter, they have concluded, concurrently with this Agreement, a separate Agreement between the Government of the United Arab Emirates and the Government of Australia on the Promotion and Protection of Investments ("Australia-UAE Investment Agreement").

Article 11.2 Promotion of Investment

1. The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. In this regard, the Parties shall take appropriate measures to promote an attractive investment climate, including by:
   1. encouraging investments between the Parties, especially those that will support decarbonisation efforts and the development of clean technologies;
   2. encouraging investment in partnership with First Nations people;
   3. organising joint investment promotion activities;
   4. promoting business matching events;
   5. promoting cooperation with relevant government agencies to expand opportunities for business and industry; and
   6. conducting information exchanges on other issues of mutual interest relating to investment opportunities between the Parties.

Article 11.3 Facilitation of Investment

1. Subject to its laws and regulations, each Party shall endeavour to secure favourable conditions necessary to facilitate long-term investment relationships between the Parties, including by:
   1. ensuring that all relevant measures of general application with respect to matters within the scope of this Chapter are administered in a reasonable, objective and impartial manner;
   2. ensuring that all relevant measures of general application with respect to matters within the scope of this Chapter are promptly published, or otherwise made publicly available; and
   3. otherwise promoting the dissemination of investment information, including investment policies, procedures and informational materials.
2. To the extent possible, subject to its laws and regulations, a Party's activities under paragraph 1 may include providing voluntary assistance in resolving difficulties experienced by investors of the other Party impacting their covered investments.
3. The Parties shall endeavour to facilitate meetings between their respective competent authorities aimed at exchanging knowledge and approaches to better facilitate investment in priority sectors and support the development of clean technologies. This includes exchanging knowledge and approaches to engaging and partnering with First Nations people.

Article 11.4  Investment and the Environment

1. The Parties recall the provisions of Chapter 18 (Environment and the Transition to Net Zero) that are applicable to promoting mutually supportive investment and environmental outcomes; and shall endeavour to enhance the capacities of the Parties to address investment-related environmental issues, including through cooperation.
2. The Parties further recall that the provisions referred to in paragraph 1 include those applicable to:
   1. maintaining and enforcing domestic environmental laws and regulations;
   2. recognising that it is inappropriate to weaken or reduce the protection afforded in their environmental laws and regulations to encourage investment;
   3. commitments under multilateral environmental agreements to which they are party;
   4. supporting the transition to low carbon and climate resilient economies; and
   5. encouraging investment in environmental goods and services as a means of improving environmental and economic performance, supporting inclusive economic growth, contributing to clean growth, and addressing global environmental challenges.

Article 11.5 Non-Application of Dispute Settlement

The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Chapter.