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Australia-India Economic Cooperation and Trade Agreement

Australia-India ECTA Chapter 14 Final Provisions

Article 14.1 Annexes, Appendices and Footnotes

The Annexes, Appendices and footnotes to this Agreement shall constitute an integral part of this Agreement. Where a side letter to this Agreement explicitly provides that it is an integral part of this Agreement, it shall constitute an integral part of this Agreement.

Article 14.2 Amendments to International Agreements

If any international agreement, or a provision therein, that has been referred to in this Agreement or incorporated into this Agreement is amended, the Parties shall, at the request of either Party, consult on whether to amend this Agreement.

Article 14.3 Amendments

The Parties may agree, in writing, to amend this Agreement. Such amendments shall enter into force 60 days after the date on which the Parties exchange written notifications confirming that they have completed their respective domestic requirements, including internal legal procedures, necessary for entry into force of the amendments, or on such other date as the Parties agree.

Article 14.4 General Reviews

1. The Parties, through the Joint Committee, shall undertake a general review of this Agreement at ministerial level within one year of the date of entry into force of this Agreement and thereafter every two years, or at such times as may be agreed by the Parties.

2. Any review pursuant to paragraph 1 shall take into account:

  • (a) facilitating trade and investment through further liberalisation of market access for goods and services;
  • (b) that balanced outcomes flow from the implementation and overall operation of this Agreement;
  • (c) that the disciplines contained in this Agreement remain relevant to the trade issues and challenges confronting the Parties;
  • (d) the work of relevant subcommittees, subsidiary bodies or working groups established under this Agreement, including reviews under relevant Chapters;
  • (e) relevant developments in international fora; and
  • (f) any other matters as may be agreed by the Parties.

3. After 15 years from the date of entry into force of the Agreement, upon request of a Party, the Parties shall undertake a review of Chapter 4 (Rules of Origin), Annex 4A (Minimum Information Requirements), Annex 4B (Product Specific Rules of Origin), Chapter 2 (Trade in Goods) and Annex 2A (Tariff Commitments). The review shall:

  • (a) be jointly undertaken by the Subcommittee on Trade in Goods and the Joint Technical Subcommittee on Rules of Origin and Customs Procedures and Trade Facilitation established under Article 4.32 (Joint Technical Subcommittee on Rules of Origin and Customs Procedures and Trade Facilitation – Rules of Origin);
  • (b) make recommendations to the Joint Committee; and
  • (c) conclude within 6 months of the date of request.

4. Should a Party not agree to meet to undertake the review pursuant to paragraph 3 within 60 days of the receipt of the request, or no mutually satisfactory conclusion of the review is reached within 6 months of initiation of the review undertaken pursuant to paragraph 3, the other Party may seek to implement the proposal concerning the specific review through a written notice to the other Party with the details of the proposed changes. The notice shall take effect as soon as the Parties have agreed a mutually satisfactory solution within 6 months after the date of receipt of the notice and have effected the changes through the procedure for amendments set out in Article 14.3 (Amendments).

Article 14.5 Negotiation of a Comprehensive Economic Cooperation Agreement

The Parties hereby establish a Negotiation Subcommittee which shall be composed of government representatives of the Parties. Within 75 days after the date of signature of this Agreement, the Negotiation Subcommittee shall commence negotiations on amendments to this Agreement, on a without prejudice basis, on areas including inter alia market access for goods and services, a complete Product Specific Rules Schedule, a Digital Trade Chapter, and a Government Procurement Chapter, to transform this Agreement into a Comprehensive Economic Cooperation Agreement. Following such negotiations, the Parties may make amendments to this Agreement in accordance with Article 14.3 (Amendments), to transform this Agreement into a Comprehensive Economic Cooperation Agreement.

Article 14.6 Termination

A Party may terminate this Agreement by giving the other Party notice in writing. Such termination shall take effect 6 months after the date of the notification, or on such other date as the Parties may agree.

Article 14.7 Entry into Force

This Agreement shall enter into force 30 days after an exchange of written notifications, certifying completion of the necessary domestic requirements, including internal legal procedures, of each Party or on such other date as the Parties may agree.

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

DONE in two originals at _____ on this _____ day of _____.

For the Government of Australia

Dan Tehan
Minister for Trade, Tourism and Investment

For the Government of the Republic of India

Piyush Goyal
Minister of Commerce and Industry

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