The Government of Malaysia and the Government of the Republic of Turkey (hereinafter referred to as "the parties"):. For purposes of the effective implementation and operation of this chapter, the Subcommittee on Trade in Goods shall be:.
Originating Products
Cumulation of Origin
In order for the products referred to in paragraph 2 to acquire the status of originating goods, it is not necessary that the materials have been sufficiently worked or processed if: a) the working or processing of the materials carried out in Turkey or Malaysia exceeds the procedures referred to in Article 4.6 (Insufficient/minimal processing or processing); In order for the products referred to in paragraph 5 to acquire the status of originating goods, it is not necessary that the materials have been sufficiently worked or processed if: a) the working or processing of the materials carried out in Turkey or Malaysia exceeds the procedures referred to in Article 4.6 (Insufficient/minimal processing or processing);
Unit of Qualification
If a good is subject to the change in tariff classification criterion provided in Appendix 4-2, packaging and packaging materials classified together with the packaged good will not be taken into account in the determination of origin. Packaging materials and containers used exclusively for the transport of a good will not be taken into account when determining the origin of such goods.
Sets
The value of packages and packing materials for retail sale shall be taken into account in determining the origin of those goods as originating or non-originating, as the case may be, provided that the packages and packing materials considered as a whole become with the good.
Neutral Elements
Except as provided in Article 4.3 (Cumulation of Origin), the conditions set forth in Section 4-B (Definition of the concept of "Originating Products") regarding the acquisition of originating status must be fulfilled without interruption in a Party. If originating goods are exported from a Party to a non-Party return, they must be considered non-originating, unless it can be shown to the satisfaction of the customs authorities that: a) the returned goods are the same as those exported; and.
Direct Consignment
Exhibitions
Proof of origin must be issued or made out in accordance with the provisions of Section 4-E (Proof of Origin) and submitted to the customs authorities of the importing Party in the normal manner. The Joint Committee may establish criteria for reviewing Parties' issues of duty drawback and inward processing and may consider prohibiting the use of duty drawback.
PROOF OF ORIGIN
If necessary, additional documentation may be required for the conditions under which they have been exhibited. After two years from the entry into force of this Agreement, the Joint Committee shall, at the request of one of the parties, review the arrangements of the parties for customs refunds and inward processing.
General Requirements
A Certificate of Origin shall be issued by the competent authorities of the exporting Party upon written request by the exporter or, under the exporter's responsibility, by his authorized representative. The date of issue of the Certificate of Origin must be indicated in box 11 of the certificate.
Approved Exporter
They will do so when the approved exporter no longer provides the guarantees referred to in paragraph 1, does not meet the conditions referred to in paragraph 2 or otherwise misuses the authorisation. The competent authorities responsible for the implementation of verification of proof of origin within the meaning of Article 4.33 (Verification of proofs of origin) may inform each other of changes in the granting of authorizations to approved exporters and may also mutually exchange updated lists.
Third Party Invoice
7308 and 9406 of the Harmonized System are imported in installments, a single proof of origin for such products must be submitted to the customs authorities upon importation of the first installment. The competent authorities of the importing Party keep the Certificate of Origin and the invoice declarations presented to them for at least three years.
Mutual Assistance
The competent authority of the exporting Party shall provide the information requested in accordance with paragraph 2 within 90 days of the date of the written request. The exporting Party shall provide a response to the importing Party within 90 days from the date of the written notification to make a final decision.
Penalties
If the reply does not contain the necessary information in paragraph 4, the competent authority of the importing Party shall, within 90 days of receipt of the reply from the exporting Party, provide written advice as to whether the goods qualify for preferential tariff treatment. Party. If it is determined by the competent authority of the importing party that the goods qualify as originating goods of the exporting party, the preferential tariff treatment will be applied.
FINAL PROVISIONS
Review and Appeal
Objectives
Scope
Definitions
Risk Management
Advance Rulings
To the extent permitted by their domestic law, the Customs Administrations of the Parties may, as deemed appropriate, assist each other with respect to: a) the implementation and operation of this Chapter; Depending on available resources, the customs administrations of the Parties may explore and implement cooperative projects, if deemed appropriate, including capacity building programs to enhance the capabilities of their customs staff.
Transparency
Contact Points
Consultation
Confidentiality
Review and Appeal
Each Party must ensure that the importers in its territory have access to administrative review within the customs administration that issued the decision subject to review or where applicable, the higher authority that oversees the administration and/or judicial review of the determination which at the final level of administrative review, in accordance with the Party's domestic laws. The level of institution to carry out administrative review may include any authority in accordance with the Party's domestic laws.
Objectives
Scope and Coverage
Definitions
General Provisions
The Parties hereby establish a Sub-committee on Sanitary and Phytosanitary Measures (hereinafter referred to as "the Sub-committee on SPS Measures") comprising representatives of each Party responsible for sanitary and phytosanitary matters. The Sub-Committee on SPS Measures will report to the Joint Committee on its activities.
Cooperation
The competent authorities and contact points responsible for implementing the measures referred to in this chapter are listed in Annex 6-1. The Parties shall inform each other of any significant changes in the structure, organization and division of powers of their competent authorities and contact points.
Dispute Settlement
Objectives
Scope and Coverage
In accordance with the TBT Agreement, each Party shall positively consider the acceptance as equivalent of technical regulations of the other Party, even if these regulations differ from its own, provided that those technical regulations produce results that are equivalent to those produced by itself technical. regulation in fulfilling its legitimate objectives and achieving the same level of protection.
Trade Facilitation
Subject to paragraph 1, the Parties undertake: a) intensify their exchange of information on these and similar mechanisms with the aim of facilitating the acceptance of conformity assessment results; Each Party shall accredit, approve, license or otherwise recognize conformity assessment bodies in the territory of the other Party with conditions no less favorable than those granted to conformity assessment bodies in its territory, to the extent of the obligations of one - the other according to the International Accreditation of Cooperation Laboratories and the International Accreditation Forum.
Transparency
Subject to the recognition of a wide range of mechanisms to facilitate acceptance of the results of the conformity assessment process and to build confidence in the continued reliability of the other Party's conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved. The Parties hereby establish a Subcommittee on Standards, Technical Regulations and Conformity Assessment Procedures (hereinafter referred to as the "TBT Subcommittee"), consisting of representatives of each Party.
Information Exchange
The parties mutually agree on the rules of procedure of the Subcommittee for TBT matters. The TBT sub-committee shall inform the Joint Committee of its rules of procedure.
Dispute Settlement
The Subcommittee on TBT Matters shall meet at least once a year, unless otherwise agreed by the Parties.
TRADE REMEDIES
Definitions
The Contracting Party shall use the protective measure for as long as is necessary to prevent or eliminate serious damage and facilitate adjustment. After the end of the transition period, no new protective measures may be applied to the product.
Investigation
Upon termination of any safeguard measure, the Party that applied the measure shall apply the applicable customs duty as set out in its Tariff Schedule as specified in Annex 3-1 on the date of termination as if the safeguard measure had never been applied. applied.
Provisional Measures
A Party shall provide the other Party with a copy of the public version of the report of its competent authorities required under paragraph 1 of Article 8.4 (Investigation) as soon as it becomes available. When a Party applies an interim measure referred to in Article 8.5 (Interim Measures), at the request of the other Party, consultations shall commence immediately after such application.
Compensation
Dispute Settlement
GLOBAL SAFEGUARDS
Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Safeguards Agreement and all other relevant provisions of the WTO Agreement and their successors. This Agreement does not confer any additional rights or obligations on the Parties with respect to measures taken under Article XIX of the GATT 1994 and the Safeguards Agreement and their successors.
General Provisions
Lesser Duty
Notification
Contact Point
Dispute Settlement
Areas of Cooperation
COOPERATION
Cooperation
Objectives
Scope
The Parties shall encourage the exchange of information on markets and activities in relevant fields between their private sectors. Cooperation in Tourism The parties will cooperate in: a) promotion of cooperation between private and public tourism organizations, associations or unions;
Cooperation in Health
The parties agree to cooperate, according to their own abilities and subject to the laws, regulations and policies on matters related to the practice, promotion, distribution, management, protection and effective enforcement of intellectual property rights, the prevention of misuse of such rights, the fight against counterfeiting and piracy, and the establishment and strengthening of national organizations for the control and protection of such rights. For the purposes of this Chapter, intellectual property rights refer to copyright and related rights, rights to trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits, and rights in plant varieties as defined and described in the Agreement on Trade-Related Aspects of Intellectual Property Rights.
Cooperation in Energy
For the purposes of this Chapter, the Parties establish the Subcommittee for Economic and Technical Cooperation. The Subcommittee on Economic and Technical Cooperation shall convene its inaugural meeting within one year of the entry into force of this Agreement and shall thereafter meet at a place and time to be agreed upon by the Parties.
Financial Provisions
Dispute Settlement
TRANSPARENCY
Definitions
Publication
Review and Appeal
Contact Points
The joint economic and trade council determines its rules of procedure and financial regulation. The Joint Economic and Trade Council makes decisions and makes recommendations with the agreement of the Parties.
Joint Committee
The Joint Economic and Trade Council may take decisions on any matter relating to this Agreement, subject to the respective internal legal procedures of the Parties. The Joint Committee makes decisions and makes recommendations by consensus between the parties.
Sub-Committees
The Joint Committee shall meet alternately in Malaysia and Turkey, unless the Parties agree otherwise. The subcommittees may establish ad hoc working groups to address specific issues referred to them by the joint committee.
Objective
Scope and Coverage
Choice of Forum
Consultations
If the parties agree; good offices, mediation or conciliation may continue while the dispute proceeds to resolution before an arbitration panel. The complaining party may request in writing that an arbitration panel be set up if: a) the Respondent Party fails to initiate consultations within 30 days of the date of receipt of the request for consultations pursuant to Article 12.4 (Consultations).
Terms of Reference
The work of the arbitration panel shall resume on the date of the appointment of the successor. The deliberations of the arbitration panel and the documents submitted to the arbitration panel shall be kept confidential.
Expenses
The Arbitration Panel shall issue its final report to the Parties within 120 days from the date of establishment of the Arbitration Panel. Under no circumstances should the award be issued later than 150 days after the date of the establishment of the Arbitration Panel.
Implementation
When considering which concessions or other obligations are to be suspended pursuant to subsection 2:. a) the complaining Party should first seek to suspend benefits in respect of the same sector(s) as that affected by the measure or other matters found by the arbitration panel referred to in Article 12.11 (Report of the Arbitration Panel); to be in violation of this Agreement;. The notification of such a suspension pursuant to subsection 2 must state the grounds on which it is based; and.
Review
Rules of Procedure
GENERAL EXCEPTIONS
General Exceptions
Security Exceptions
If a Party decides to introduce measures for balance of payments purposes, it will do so only in accordance with its rights and obligations under GATT 1994, including the Declaration on Trade Measures Taken for Balance of Payments Purposes and the Understanding on Balance of Payments Provisions of the GATT 1994 .Any restrictive measures adopted or maintained by a Party or any changes therein shall be notified to the other Party immediately from the date on which such measures are taken.
Taxation Measures
A Party that adopts or maintains any restrictive measures referred to in paragraph 1 shall immediately enter into consultations with the other Party to review the measures it has adopted or maintained. The Contracting Parties shall endeavor to prevent the application of the restrictive measures referred to in paragraph 1.
FINAL PROVISIONS
Evolutionary Clause
Confidentiality
Amendments
Changes will not affect the rights and obligations of the Parties provided for in this Agreement until the changes enter into force.
General Review
Entry into Force
This Agreement shall enter into force on the first day of the second month following the date on which the parties exchange written notice that these proceedings have been completed.
Authentic Texts
Competent Authorities
Contact Points
The chairman sets the date and time for the hearing in consultation with the parties and the other members of the arbitration panel. The arbitration panel may not meet or contact a party in the absence of the other party.
