OAS

Free Trade Agreement Between The Government of Canada and The Government of The State of Israel

Preamble

THE GOVERNMENT OF CANADA (“Canada”) AND THE GOVERNMENT OF THE STATE OF ISRAEL (“Israel”), hereinafter referred to as “the Parties”, resolved to:

STRENGTHEN their economic relations and promote economic development;

REINFORCE the special bonds of friendship and cooperation between their peoples;

CONTRIBUTE to the harmonious development and expansion of world and regional trade and to provide a catalyst to broader international cooperation;

BUILD on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994, and other multilateral agreements, bilateral agreements, or instruments of cooperation to which they are both parties;

CREATE an expanded and secure market for their goods and establish clear, transparent and mutually advantageous rules having due regard to fair conditions of competition in order to foster a predictable environment for their trade;

REDUCE obstacles to trade;

PROMOTE a predictable commercial framework for business planning;

ENHANCE the competitiveness of their firms in global markets;

SEEK TO SUPPORT the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;

UNDERTAKE each of the preceding in a manner that is consistent with the enhancement of environmental protection and conservation and sustainable development, the enforcement of environmental laws and regulations, and strengthened cooperation on environmental matters;

PROTECT AND ENFORCE basic workers’ rights, strengthen cooperation on labour matters and build on their respective international commitments on labour matters;

SEEK TO INCREASE women’s access to and benefit from the opportunities created by this Agreement by advancing cooperative activities and removing constraints to their full participation in their economies and international trade;

ENCOURAGE enterprises to respect, on a voluntary basis, corporate social responsibility standards and principles and pursue best practices;

PROMOTE broad-based economic development in order to reduce poverty and improve living standards; and

PRESERVE in a manner consistent with this Agreement their flexibility to safeguard the public welfare;

while also:

RECOGNISING that states have the right to preserve, develop and implement their cultural policies for the purpose of strengthening cultural diversity, given the essential role that cultural goods and services play in the identity and diversity of societies and the lives of individuals;

WISHING to create a framework for promoting investment and cooperation;

RECALLING the mutual interest of Israel and Canada in reinforcement of the multilateral trading system as reflected in the WTO;

RECALLING that the Parties entered into a Memorandum of Understanding on 27 September 1976 establishing a Joint Economic Commission, which was continued under a Memorandum of Understanding on Economic Cooperation entered into on 5 August 1993;

FURTHER RECALLING that this Agreement, which entered into force on 1 January 1997, established a free trade area consistent with Article XXIV of GATT 1994; and

DECLARING their readiness to explore other possibilities for extending their economic relations to other fields not covered by this Agreement;

HAVE AGREED as follows:

CHAPTER ONE
INITIAL PROVISIONS AND GENERAL DEFINITIONS

Section A – Initial Provisions

Article 1.1: Establishment of the Free Trade Area

The Parties to this Agreement, consistent with Article XXIV of the GATT 1994, hereby establish a free trade area.

Article 1.2: Objective

The objective of this Agreement, as elaborated more specifically in its provisions, is to eliminate obstacles to trade in, and facilitate the movement of, goods between the Parties, thereby to promote conditions of fair competition and increase substantially investment opportunities in the free trade area.

Article 1.3: Relation to Other Agreements

  1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which both Parties are party.

  2. In the event of any inconsistency between this Agreement and the agreements referred to in paragraph 1, this Agreement prevails, except as otherwise provided in this Agreement.

Article 1.4: Extent of Obligations

The rights and obligations of the Parties relating to the observance of this Agreement by regional and local governments shall be governed by Article XXIV:12 of the GATT 1994.

Article 1.5: Relation to Environmental and Conservation Agreements

In the event of an inconsistency between an obligation of a Party under this Agreement and an obligation of that Party under an agreement listed in Annex 1.5, the latter obligation prevails provided that the measure taken is necessary to comply with that obligation and is not applied in a manner that would constitute, when the same conditions prevail, arbitrary or unjustifiable discrimination, or a disguised restriction on international trade.

Article 1.6: Reference to Other Agreements

  1. When this Agreement refers to or incorporates by reference other agreements or legal instruments in whole or in part, those references include related footnotes, interpretative notes, and explanatory notes that are binding on both Parties.

  2. When this Agreement incorporates by reference other agreements or international legal instruments in whole or in part, except when the reference affirms existing rights, this reference also includes, as the case may be, a successor agreement or subsequent agreement to which both Parties are party or an amendment binding on both Parties.

Section B – General Definitions

Article 1.7: Definitions of General Application

For the purposes of this Agreement, unless otherwise specified:

Agreement on Mutual Assistance in Customs Matters means the Agreement between the Government of Canada and the Government of the State of Israel on Mutual Assistance in Customs Matters, done at Ottawa on 11 December 2012;

Commission means the Joint Commission established under Article 18.1 (Joint Commission);

Coordinators means the Coordinators established under Article 18.2 (Coordinators);

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

day means calendar day;

enterprise means any entity constituted or organised under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including a corporation, trust, partnership, sole proprietorship, joint venture, or other association;

GATS means the General Agreement on Trade in Services, contained in Annex 1B of the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A of the WTO Agreement;

good or goods of a Party means domestic products as these are understood in the GATT 1994, or any other good that the Parties may decide, and includes any originating good of a Party;

Harmonized System (“HS”) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and subheading notes;

heading means a four-digit number, or the first four digits of a number, used in the nomenclature of the Harmonized System;

measure covers any measure whether in form of a law, regulation, rule, procedure, decision, administrative action, practice, or any other form;

New York Convention means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958;

originating means qualifying under the rules of origin set out in Chapter Three (Rules of Origin);

person means a natural person or an enterprise;

sanitary or phytosanitary measure means any measure referred in paragraph 1 of Annex A of the SPS Agreement;

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement;

subheading means a six-digit number, or the first six digits of a number, used in the nomenclature of the Harmonized System;

tariff classification means the classification of a good or material under a chapter, heading or subheading of the Harmonized System;

tariff elimination schedule means Annex 2.1 (Tariff Elimination) and its Schedules;

telecommunications means the transmission and reception of signals by electromagnetic means;

territory means:

  1.  for Canada,
    the territory to which its customs laws apply, including any areas beyond the territorial sea of Canada within which, in accordance with international law and its domestic law, Canada may exercise rights with respect to the seabed and subsoil and their natural resources;


  2.  for Israel,
    the territory where its customs laws are applied;

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement; and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.

ANNEX 1.5
MULTILATERAL ENVIRONMENTAL AGREEMENTS

The multilateral environmental agreements are:

  1.  the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington on 3 March 1973, as amended on 22 June 1979;

  2.  the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal on 16 September 1987, as amended 29 June 1990, as amended 25 November 1992, as amended 17 September 1997, as amended 3 December 1999;

  3.  the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989; and

  4.   the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998.

CHAPTER TWO
TARIFF ELIMINATION AND RELATED MATTERS

Article 2.1: Tariff Elimination

  1. Except as otherwise provided in this Agreement, a Party shall not increase any existing customs duty, or adopt any customs duty, or any charge of equivalent effect on an originating good.

  2. Except as otherwise provided in this Agreement, each Party shall reduce or eliminate its customs duties on originating goods in accordance with Annex 2.1 and its Schedule to Annex 2.1 (“Schedule”).

  3. A Party shall apply to originating goods that are subject to tariff preferences listed in its Schedule the lesser of the customs duties resulting from the rate calculated in accordance with its Schedule and its applied Most Favoured Nation rate.

  4. At the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on originating goods. A decision by the Parties in the Joint Commission to accelerate or broaden the scope of the elimination of a customs duty on an originating good shall supersede any duty rate or staging category determined pursuant to their Schedules for that good when approved by each Party in accordance with its applicable legal procedures.

  5. For greater certainty, a Party may:

    1. modify a tariff on a good for which no tariff preference is claimed under this Agreement;

    2. raise a customs duty to the level established in its Schedule following a unilateral reduction; or

    3. maintain or increase a customs duty as authorised by the Dispute Settlement Body established by Annex 2 of the WTO Agreement or as authorised by an Agreement under the WTO Agreement.

Article 2.2: Implementation and Administration of Tariff Rate Quotas

  1. Each Party shall implement and administer the tariff rate quotas set out in its Schedule in accordance with Article XIII of the GATT 1994, including its Interpretative Notes, and the Agreement on Import Licensing Procedures, contained in Annex 1A to the WTO Agreement.

  2. Upon the request of the exporting Party, the importing Party shall provide information regarding the administration of its tariff rate quotas to the exporting Party.

Article 2.3: Customs Duties: Repair and Alteration

  1. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been exported from its territory to the territory of the other Party for repair or alteration, regardless of whether that repair or alteration could have been performed in its territory.

  2. A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration.

  3. Each Party shall comply with the requirements set out in Annex 2.3 to verify that the repair or alteration has been performed in the territory of one of the Parties.

Article 2.4: Definitions

For the purposes of this Chapter:

customs duty includes any customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any:

  1. charge equivalent to an internal tax imposed consistent with Article III:2 of the GATT 1994, or any equivalent provision of a successor agreement to which both Parties are party, in respect of like, directly competitive or substitutable goods of the Party, or in respect of goods from which the imported good has been manufactured or produced in whole or in part;

  2. antidumping or countervailing duty that is applied in accordance with the WTO Agreement, including the GATT 1994, pursuant to a Party’s law; and

  3. fee or other charge in connection with importation commensurate with the cost of services rendered;

existing customs duty means the rate of duty applicable to imports from the other Party on the date of entry into force of this Agreement; and

repair or alteration does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good. does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good.

ANNEX 2.1
TARIFF ELIMINATION

  1. The classification of goods by a Party shall be that set out in its tariff nomenclature in conformity with the Harmonized System.

  2. Except as otherwise provided in this Agreement or in a Party’s Schedule, each Party shall eliminate, on the date of entry into force of this Agreement, all customs duties on originating goods, of Chapters 1 through 97 of the Harmonized System, that provide for a Most Favoured Nation rate of customs duty.

  3. Customs duties on originating goods are excluded from tariff elimination by:

    1. Canada if listed on Canada’s Schedule; and

    2. Israel if listed on List A of Israel’s Schedule.

  4. As provided for in List B of Israel’s Schedule, customs duties for originating goods from Canada shall be eliminated or reduced, as the case may be, in accordance with the specific provisions set out therein and subparagraphs (a) and (b) below:

    1. customs duties for originating goods imported under a tariff rate quota established under this Agreement shall be eliminated on the date of entry into force of this Agreement, and the base rate of customs duties for originating goods imported in excess of the tariff rate quota annual volumes shall be reduced by the specified percentage if applicable; and

    2. the base rate of customs duties for originating goods shall be reduced by the specified percentage upon the date of entry into force of this Agreement, or over a specified number of years beginning upon the date of entry into force of this Agreement.

  5. Any quantity of originating goods imported from Canada under a tariff rate quota listed in List B of Israel’s Schedule shall not be counted towards, or reduce the quantity of, any tariff rate quota established by Israel outside of this Agreement.

  6. For Year 1, Israel shall calculate the volume of each tariff rate quota listed in List B of its Schedule by discounting the volume corresponding to the period running between 1 January and the date of entry into force of this Agreement.

  7. For the purposes of this Annex and Israel’s Schedule, Year 1 means the year this Agreement enters into force.

  8. For the purposes of this Annex and Israel’s Schedule, Year 2 begins on 1 January following the date of entry into force of this Agreement, and each annual stage of tariff reduction shall take effect on 1 January of each subsequent year.

  9. The base rate for determining the interim staged rate of customs duty for an item shall be the Most Favoured Nation duty rate applied on 1 October 2013, listed as the base rate in List B of Israel’s Schedule.

  10. For the purpose of the elimination of customs duties in accordance with Article 2.1, interim staged rates shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the nearest 0.001 of the official monetary unit of the Party.

  11. The Parties concur that:

    1. Canada’s Schedule is authentic in the English and French languages; and

    2. Israel’s Schedule is authentic in the English and Hebrew languages.

SCHEDULES TO ANNEX 2.1

Canada’s Tariff Schedule

With respect to goods of Chapters 1 through 97 of the Harmonized System as at 1 January 2013 that provide for a Most Favoured Nation rate of customs duty and that are not listed in Canada’s Tariff Schedule, duties on these originating goods shall be eliminated entirely and these goods shall be duty-free on the date this Agreement enters into force. For greater certainty, Canada shall maintain the elimination of customs duties on originating goods provided for prior to the date of entry into force of this Agreement.

Pursuant to Article 2.1.2 and paragraph 3 of Annex 2.1, customs duties on originating goods listed in the following table are excluded from tariff elimination:

Tariff Item
1 January 2013
Description
0105.11.21 Broilers for domestic production: Within access commitment
0105.11.22 Broilers for domestic production: Over access commitment
0105.12.90 Other
0105.13.90 Other
0105.14.90 Other
0105.15.90 Other
0105.94.10 For breeding purposes; 
Spent fowl;
Started pullets
0105.94.91 Other: Within access commitment
0105.94.92 Other: Over access commitment
0105.99.11 Turkeys: Within access commitment
0105.99.12 Turkeys: Over access commitment
0105.99.90 Other
0201.10.20 Over access commitment
0201.20.20 Over access commitment
0201.30.20 Over access commitment
0202.10.20 Over access commitment
0202.20.20 Over access commitment
0202.30.20 Over access commitment
0204.41.00 Carcasses and half-carcasses
0204.42.20 Of mutton
0204.43.20 Of mutton
0207.11.10 Spent fowl
0207.11.91 Other: Within access commitment
0207.11.92 Other: Over access commitment
0207.12.10 Spent fowl
0207.12.91 Other: Within access commitment
0207.12.92 Other: Over access commitment
0207.13.10 Spent fowl
0207.13.91 Other: Within access commitment
0207.13.92 Other: Over access commitment, bone in
0207.13.93 Other: Over access commitment, boneless
0207.14.10 Spent fowl
0207.14.22 Livers: Over access commitment
0207.14.91 Other: Within access commitment
0207.14.92 Other: Over access commitment, bone in
0207.14.93 Other: Over access commitment, boneless
0207.24.11 Canner pack: Within access commitment
0207.24.12 Canner pack: Over access commitment
0207.24.91 Other: Within access commitment
0207.24.92 Other: Over access commitment
0207.25.11 Canner pack: Within access commitment
0207.25.12 Canner pack: Over access commitment
0207.25.91 Other: Within access commitment
0207.25.92 Other: Over access commitment
0207.26.10 Within access commitment
0207.26.20 Over access commitment, bone in
0207.26.30 Over access commitment, boneless
0207.27.12 Livers: Over access commitment
0207.27.91 Other: Within access commitment
0207.27.92 Other: Over access commitment, bone in
0207.27.93 Other: Over access commitment, boneless
0207.41.00 Not cut in pieces, fresh or chilled
0207.42.00 Not cut in pieces, frozen
0207.44.00 Other, fresh or chilled
0207.45.90 Other
0207.51.00 Not cut in pieces, fresh or chilled
0207.52.00 Not cut in pieces, frozen
0207.54.00 Other, fresh or chilled
0207.55.90 Other
0207.60.11 Fresh or chilled: Not cut in pieces
0207.60.19 Fresh or chilled: Other
0207.60.20 Not cut in pieces, frozen
0207.60.99 Other frozen: Other
0209.90.10 Fat of fowls of the species Gallus domesticus, within access commitment
0209.90.20 Fat of fowls of the species Gallus domesticus, over access commitment
0209.90.30 Fat of turkeys, within access commitment
0209.90.40 Fat of turkeys, over access commitment
0209.90.90 Other
0210.99.11 Meat of poultry: Of fowls of the species Gallus domesticus, within access commitment
0210.99.12 Meat of poultry: Of fowls of the species Gallus domesticus, over access commitment, bone in
0210.99.13 Meat of poultry: Of fowls of the species Gallus domesticus, over access commitment, boneless
0210.99.14 Meat of poultry: Of turkeys, within access commitment
0210.99.15 Meat of poultry: Of turkeys, over access commitment, bone in
0210.99.16 Meat of poultry: Of turkeys, over access commitment, boneless
0210.99.19 Meat of poultry: Other
0302.90.00 Livers and roes
0303.90.00 Livers and roes
0305.20.00 Livers and roes of fish, dried, smoked, salted or in brine
0306.11.00 Rock lobster and other sea crawfish (Palinurus spp.Panulirus spp.Jasus spp.)
0306.12.10 Smoked
0306.14.90 Other
0306.15.00 Norway lobsters (Nephrops norvegicus)
0306.19.00 Other, including flours, meals and pellets of crustaceans, fit for human consumption
0306.21.00 Rock lobster and other sea crawfish (Palinurus spp.Panulirus spp.Jasus spp.)
0306.22.10 Smoked
0306.24.00 Crabs
0306.25.00 Norway lobsters (Nephrops norvegicus)
0306.29.00 Other, including flours, meals and pellets of crustaceans, fit for human consumption
0307.11.10 In shell
0307.19.10 Smoked
0307.29.90 Other
0307.39.10 Smoked
0307.60.10 Smoked
0307.79.10 Smoked
0307.89.10 Smoked
0307.99.10 Smoked
0308.19.10 Smoked
0308.29.10 Smoked
0308.30.10 Smoked
0308.90.10 Smoked
0401.10.10 Within access commitment
0401.10.20 Over access commitment
0401.20.10 Within access commitment
0401.20.20 Over access commitment
0401.40.10 Within access commitment
0401.40.20 Over access commitment
0401.50.10 Within access commitment
0401.50.20 Over access commitment
0402.10.10 Within access commitment
0402.10.20 Over access commitment
0402.21.11 Milk: Within access commitment
0402.21.12 Milk: Over access commitment
0402.21.21 Cream: Within access commitment
0402.21.22 Cream: Over access commitment
0402.29.11 Milk: Within access commitment
0402.29.12 Milk: Over access commitment
0402.29.21 Cream: Within access commitment
0402.29.22 Cream: Over access commitment
0402.91.10 Within access commitment
0402.91.20 Over access commitment
0402.99.10 Within access commitment
0402.99.20 Over access commitment
0403.10.10 Within access commitment
0403.10.20 Over access commitment
0403.90.11 Powdered buttermilk: Within access commitment
0403.90.12 Powdered buttermilk: Over access commitment
0403.90.91 Other: Within access commitment
0403.90.92 Other: Over access commitment
0404.10.22 Powdered whey: Over access commitment
0404.90.10 Within access commitment
0404.90.20 Over access commitment
0405.10.10 Within access commitment
0405.10.20 Over access commitment
0405.20.10 Within access commitment
0405.20.20 Over access commitment
0405.90.10 Within access commitment
0405.90.20 Over access commitment
0406.10.10 Within access commitment
0406.10.20 Over access commitment
0406.20.11 Cheddar and Cheddar types: Within access commitment
0406.20.12 Cheddar and Cheddar types: Over access commitment
0406.20.91 Other: Within access commitment
0406.20.92 Other: Over access commitment
0406.30.10 Within access commitment
0406.30.20 Over access commitment
0406.40.10 Within access commitment
0406.40.20 Over access commitment
0406.90.11 Cheddar and Cheddar types: Within access commitment
0406.90.12 Cheddar and Cheddar types: Over access commitment
0406.90.21 Camembert and Camembert types: Within access commitment
0406.90.22 Camembert and Camembert types: Over access commitment
0406.90.31 Brie and Brie types: Within access commitment
0406.90.32 Brie and Brie types: Over access commitment
0406.90.41 Gouda and Gouda types: Within access commitment
0406.90.42 Gouda and Gouda types: Over access commitment
0406.90.51 Provolone and Provolone types: Within access commitment
0406.90.52 Provolone and Provolone types: Over access commitment
0406.90.61 Mozzarella and Mozzarella types: Within access commitment
0406.90.62 Mozzarella and Mozzarella types: Over access commitment
0406.90.71 Swiss/Emmental and Swiss/Emmental types: Within access commitment
0406.90.72 Swiss/Emmental and Swiss/Emmental types: Over access commitment
0406.90.81 Gruyère and Gruyère types: Within access commitment
0406.90.82 Gruyère and Gruyère types: Over access commitment
0406.90.91 Other: Havarti and Havarti types, within access commitment
0406.90.92 Other: Havarti and Havarti types, over access commitment
0406.90.93 Other: Parmesan and Parmesan types, within access commitment
0406.90.94 Other: Parmesan and Parmesan types, over access commitment
0406.90.95 Other: Romano and Romano types, within access commitment
0406.90.96 Other: Romano and Romano types, over access commitment
0406.90.98 Other: Other, within access commitment
0406.90.99 Other: Other, over access commitment
0407.11.11 Hatching, for broilers: Within access commitment
0407.11.12 Hatching, for broilers: Over access commitment
0407.11.91 Other: Within access commitment
0407.11.92 Other: Over access commitment
0407.21.10 Within access commitment
0407.21.20 Over access commitment
0407.90.11 Of the fowls of the species Gallus domesticus: Within access commitment
0407.90.12 Of the fowls of the species Gallus domesticus: Over access commitment
0408.11.10 Within access commitment
0408.11.20 Over access commitment
0408.19.10 Within access commitment
0408.19.20 Over access commitment
0408.91.10 Within access commitment
0408.91.20 Over access commitment
0408.99.10 Within access commitment
0408.99.20 Over access commitment
0410.00.00 Edible products of animal origin, not elsewhere specified or included.
0703.10.10 Onion sets
0703.10.21 Onions, Spanish-type, for processing: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 12 weeks in any 12 month period ending 31st March
0703.10.31 Onions or shallots, green: Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 22 weeks in any 12 month period ending 31st March
0703.10.41 Dry shallots: Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 46 weeks in any 12 month period ending 31st March
0703.10.91 Other: Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 46 weeks in any 12 month period ending 31st March
0704.10.11 Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 20 weeks in any 12 month period ending 31st March: In packages of a weight not exceeding 2.27 kg each
0704.10.12 Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 20 weeks in any 12 month period ending 31st March: In bulk or in packages of a weight exceeding 2.27 kg each
0704.20.11 Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 20 weeks in any 12 month period ending 31st March: In packages of a weight not exceeding 2.27 kg each
0704.20.12 Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 20 weeks in any 12 month period ending 31st March: In bulk or in packages of a weight exceeding 2.27 kg each
0704.90.10 Broccoli for processing
0704.90.21 Other broccoli: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 16 weeks in any 12 month period ending 31st March
0704.90.31 Cabbage (Brassica oleraceacapitata): Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 34 weeks in any 12 month period ending 31st March
0704.90.41 Cabbage, Chinese or Chinese lettuce (Brassica rapachenensis, and Brassica rapapekinensis): Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 30 weeks in any 12 month period ending 31st March
0707.00.10 For processing
0707.00.91 Other: Imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 30 weeks in any 12 month period ending 31st March
0708.10.10 For processing
0708.10.91 Other: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 12 weeks in any 12 month period ending 31st March
0708.20.10 Snap beans for processing
0708.20.21 Other snap beans, imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 14 weeks in any 12 month period ending 31st March: In packages of a weight not exceeding 2.27 kg each
0708.20.22 Other snap beans, imported during such period, which may be divided into two separate periods, specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding a total of 14 weeks in any 12 month period ending 31st March: In bulk or in packages of a weight exceeding 2.27 kg each
0709.20.10 For processing
0709.20.91 Other: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 8 weeks in any 12 month period ending 31st March
0709.40.11 Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 18 weeks in any 12 month period ending 31st March: In packages of a weight not exceeding 2.27 kg each
0709.40.12 Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 18 weeks in any 12 month period ending 31st March: In bulk or in packages of a weight exceeding 2.27 kg each
0709.51.10 For processing
0709.51.90 Other
0709.59.10 Mushrooms, for processing
0709.59.90 Other
0710.10.00 Potatoes
0710.21.00 Peas (Pisum sativum)
0710.22.00 Beans (Vigna spp.Phaseolus spp.)
0710.29.90 Other
0710.40.00 Sweet corn
0710.90.00 Mixtures of vegetables
0711.40.90 Other
0711.51.00 Mushrooms of the genus Agaricus
0711.59.00 Other
0711.90.90 Other
0713.31.90 Other
0713.32.00 Small red (Adzuki) beans (Phaseolus or Vigna angularis)
0713.34.00 Bambara beans (Vigna subterranea or Voandzeia subterranea)
0713.35.00 Cow peas (Vigna unguiculata)
0713.39.90 Other
0713.50.90 Other
0714.30.10 Frozen
0714.40.10 Frozen
0714.50.10 Frozen
0714.90.10 Frozen, other than water chestnuts
0808.10.90 Other
0808.30.10 For processing
0808.30.91 Other: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 24 weeks in any 12 month period ending 31st March
0809.10.10 For processing
0809.10.91 Other: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 10 weeks in any 12 month period ending 31st March
0809.21.11 In their natural state: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 10 weeks in any 12 month period ending 31st March
0809.21.90 Other
0809.29.10 Sweet, for processing
0809.29.21 Other, in their natural state: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 8 weeks in any 12 month period ending 31st March
0809.29.90 Other
0809.40.10 Prune plums, for processing
0809.40.21 Other prune plums, in their natural state: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 12 weeks in any 12 month period ending 31st March
0809.40.31 Plums, other than prune plums, and sloes, in their natural state: Imported during such period specified by order of the Minister of Public Safety and Emergency Preparedness or the President of the Canada Border Services Agency, not exceeding 12 weeks in any 12 month period ending 31st March
0809.40.90 Other
0811.10.10 For processing
0811.10.90 Other
0811.20.00 Raspberries, blackberries, mulberries, loganberries, black, white or red currants and gooseberries
0811.90.10 Cherries
0811.90.20 Peaches
0812.10.90 Other
0812.90.20 Strawberries
0812.90.90 Other
0813.30.00 Apples
0906.20.00 Crushed or ground
0907.20.00 Crushed or ground
0908.12.00 Crushed or ground
0908.22.00 Crushed or ground
0908.32.00 Crushed or ground
0909.22.00 Crushed or ground
0909.32.00 Crushed or ground
0909.62.00 Crushed or ground
1001.11.20 Over access commitment
1001.19.20 Over access commitment
1001.91.20 Over access commitment
1001.99.20 Over access commitment
1003.10.12 For malting purposes: Over access commitment
1003.10.92 Other: Over access commitment
1003.90.12 For malting purposes: Over access commitment
1003.90.92 Other: Over access commitment
1102.20.00 Maize (corn) flour
1102.90.11 Barley flour: Within access commitment
1102.90.12 Barley flour: Over access commitment
1102.90.90 Other
1103.11.10 Within access commitment
1103.11.20 Over access commitment
1103.19.11 Of barley: Within access commitment
1103.19.12 Of barley: Over access commitment
1103.20.11 Of wheat: Within access commitment
1103.20.12 Of wheat: Over access commitment
1103.20.21 Of barley: Within access commitment
1103.20.22 Of barley: Over access commitment
1103.20.90 Other
1104.19.11 Of wheat: Within access commitment
1104.19.12 Of wheat: Over access commitment
1104.19.21 Of barley: Within access commitment
1104.19.22 Of barley: Over access commitment
1104.19.90 Other
1104.22.00 Of oats
1104.23.00 Of maize (corn)
1104.29.11 Of wheat: Within access commitment
1104.29.12 Of wheat: Over access commitment
1104.29.21 Of barley: Within access commitment
1104.29.22 Of barley: Over access commitment
1104.29.90 Other
1104.30.11 Of wheat: Within access commitment
1104.30.12 Of wheat: Over access commitment
1104.30.90 Other
1105.10.00 Flour, meal and powder
1105.20.00 Flakes, granules and pellets
1107.10.12 Whole: Over access commitment
1107.10.92 Other: Over access commitment
1107.20.12 Whole: Over access commitment
1108.11.10 Within access commitment
1108.11.20 Over access commitment
1108.13.00 Potato starch
1108.19.11 Barley starch: Within access commitment
1108.19.12 Barley starch: Over access commitment
1108.19.90 Other
1108.20.00 Inulin
1109.00.10 Within access commitment
1109.00.20 Over access commitment
1208.10.10 Flours
1208.90.10 Flours
1209.30.10 In packages of a weight of less than 25 g each
1502.10.00 Tallow
1502.90.00 Other
1503.00.00 Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared.
1504.10.99 Other: Other
1504.30.00 Fats and oils and their fractions, of marine mammals
1506.00.00 Other animal fats and oils and their fractions, whether or not refined, but not chemically modified.
1507.10.00 Crude oil, whether or not degummed
1507.90.90 Other
1508.10.00 Crude oil
1508.90.00 Other
1511.10.00 Crude oil
1511.90.90 Other
1512.11.00 Crude oil
1512.19.10 Sunflower-seed oil and fractions thereof
1512.19.20 Safflower oil and fractions thereof
1512.21.00 Crude oil, whether or not gossypol has been removed
1512.29.00 Other
1513.11.00 Crude oil
1513.19.90 Other
1513.21.00 Crude oil
1513.29.90 Other
1514.11.00 Crude oil
1514.19.00 Other
1514.91.00 Crude oil
1514.99.00 Other
1515.11.00 Crude oil
1515.19.00 Other
1515.21.00 Crude oil
1515.29.00 Other
1515.50.10 Crude oil
1515.50.90 Other
1516.10.10 Obtained entirely from fish or marine mammals
1516.10.90 Other
1517.10.10 Within access commitment
1517.10.20 Over access commitment
1517.90.21 Substitutes for butter: Within access commitment
1517.90.22 Substitutes for butter: Over access commitment
1517.90.91 Other: Shortening
1518.00.10 Boiled linseed oil
1518.00.90 Other
1601.00.22 Of fowls of the species Gallus domesticus, other than in cans or glass jars: Other than spent fowl, over access commitment
1601.00.32 Of turkeys, other than in cans or glass jars: Over access commitment
1602.10.10 Of fowls of the species Gallus domesticus and turkeys, of heading 01.05
1602.10.90 Other
1602.20.10 Pâtés de foie with truffles
1602.20.22 Paste, of fowls of the species Gallus domesticus, not in cans or glass jars: Over access commitment
1602.20.32 Paste, of turkeys, not in cans or glass jars: Over access commitment
1602.31.13 Prepared meals: Other, over access commitment, bone in
1602.31.14 Prepared meals: Other, over access commitment, boneless
1602.31.94 Other: Other, over access commitment, bone in
1602.31.95 Other: Other, over access commitment, boneless
1602.32.13 Prepared meals: Other, over access commitment, bone in
1602.32.14 Prepared meals: Other, over access commitment, boneless
1602.32.94 Other: Other, over access commitment, bone in
1602.32.95 Other: Other, over access commitment, boneless
1602.41.10 In cans or glass jars
1602.42.10 In cans or glass jars
1602.49.10 In cans or glass jars;
Prepared meals
1602.50.10 Prepared meals
1602.50.91 Other: In cans or glass jars
1602.90.10 Prepared meals
1602.90.91 Other: In cans or glass jars
1603.00.11 Of meat: Of whales
1603.00.19 Of meat: Other
1603.00.20 Of fish or crustaceans, molluscs or other aquatic invertebrates
1604.12.90 Other
1604.13.90 Other
1604.14.10 Atlantic bonito
1604.15.00 Mackerel
1604.16.90 Other
1604.17.00 Eels
1604.19.10 Whitebait, in cans or glass jars
1604.19.90 Other
1604.20.10 Prepared meals
1604.20.90 Other
1604.32.00 Caviar substitutes
1605.10.00 Crab
1605.30.90 Other
1605.40.10 Crayfish, in cans or glass jars
1605.40.90 Other
1605.51.00 Oysters
1605.52.00 Scallops, including queen scallops
1605.53.00 Mussels
1605.56.00 Clams, cockles and arkshells
1605.57.00 Abalone
1605.58.00 Snails, other than sea snails
1605.59.10 Toheroas, in can or glass jars
1605.59.90 Other
1605.61.00 Sea cucumbers
1605.62.00 Sea urchins
1605.63.00 Jellyfish
1605.69.00 Other
1702.30.90 Other
1806.20.22 Chocolate ice cream mix or ice milk mix: Over access commitment
1806.90.12 Chocolate ice cream mix or ice milk mix: Over access commitment
1901.20.12 In packages of a weight not exceeding 11.34 kg each: Containing more than 25% by weight of butterfat, not put up for retail sale, over access commitment
1901.20.22 In bulk or in packages of a weight exceeding 11.34 kg each: Containing more than 25% by weight of butterfat, not put up for retail sale, over access commitment
1901.90.11 Malt extract: Within access commitment
1901.90.12 Malt extract: Over access commitment
1901.90.31 Food preparations of goods of headings 04.01 to 04.04, containing more than 10% but less than 50% on a dry weight basis of milk solids: Ice cream mixes or ice milk mixes, within access commitment
1901.90.32 Food preparations of goods of headings 04.01 to 04.04, containing more than 10% but less than 50% on a dry weight basis of milk solids: Ice cream mixes or ice milk mixes, over access commitment
1901.90.33 Food preparations of goods of headings 04.01 to 04.04, containing more than 10% but less than 50% on a dry weight basis of milk solids: Other, not put up for retail sale, within access commitment
1901.90.34 Food preparations of goods of headings 04.01 to 04.04, containing more than 10% but less than 50% on a dry weight basis of milk solids: Other, not put up for retail sale, over access commitment
1901.90.40 Food preparations of goods of headings 04.01 to 04.04, containing 10% or less on a dry weight basis of milk solids
1901.90.51 Food preparations of goods of headings 04.01 to 04.04, containing 50% or more on a dry weight basis of milk solids: Ice cream mixes or ice milk mixes, within access commitment
1901.90.52 Food preparations of goods of headings 04.01 to 04.04, containing 50% or more on a dry weight basis of milk solids: Ice cream mixes or ice milk mixes, over access commitment
1901.90.53 Food preparations of goods of headings 04.01 to 04.04, containing 50% or more on a dry weight basis of milk solids: Other, not put up for retail sale, within access commitment
1901.90.54 Food preparations of goods of headings 04.01 to 04.04, containing 50% or more on a dry weight basis of milk solids: Other, not put up for retail sale, over access commitment
1901.90.59 Food preparations of goods of headings 04.01 to 04.04, containing 50% or more on a dry weight basis of milk solids: Other
1902.11.29 Containing 25% or more by weight of wheat, over access commitment: Other
1902.19.23 Other, containing flour and water only: Other, containing 25% or more by weight of wheat, over access commitment
1902.19.92 Other: Containing 25% or more by weight of wheat, in packages of a weight not exceeding 2.3 kg each, over access commitment
1902.19.93 Other: Other, containing 25% or more by weight of wheat, over access commitment
1902.20.00 Stuffed pasta, whether or not cooked or otherwise prepared
1904.20.10 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, within access commitment
1904.20.29 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, over access commitment: Other
1904.20.30 Of barley, in packages of a weight not exceeding 11.34 kg each, within access commitment
1904.20.41 Of barley, in packages of a weight not exceeding 11.34 kg each, over access commitment: Breakfast cereals, in packages of a weight not exceeding 454 g each
1904.20.49 Of barley, in packages of a weight not exceeding 11.34 kg each, over access commitment: Other
1904.20.50 Other, in packages of a weight not exceeding 11.34 kg each
1904.20.61 In bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, within access commitment
1904.20.62 In bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, over access commitment
1904.20.63 In bulk or in packages of a weight exceeding 11.34 kg each: Of barley, within access commitment
1904.20.64 In bulk or in packages of a weight exceeding 11.34 kg each: Of barley, over access commitment
1904.20.69 In bulk or in packages of a weight exceeding 11.34 kg each: Other
1904.30.10 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, within access commitment
1904.30.21 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, over access commitment: In packages of a weight not exceeding 454 g each
1904.30.29 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, over access commitment: Other
1904.30.50 Other, in packages of a weight not exceeding 11.34 kg each
1904.30.61 In bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, within access commitment
1904.30.62 In bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, over access commitment
1904.30.69 In bulk or in packages of a weight exceeding 11.34 kg each: Other
1904.90.10 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, within access commitment
1904.90.21 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, over access commitment: In packages of a weight not exceeding 454 g each
1904.90.29 Containing 25% or more by weight of wheat, in packages of a weight not exceeding 11.34 kg each, over access commitment: Other
1904.90.30 Of barley, in packages of a weight not exceeding 11.34 kg each, within access commitment
1904.90.40 Of barley, in packages of a weight not exceeding 11.34 kg each, over access commitment
1904.90.61 In bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, within access commitment
1904.90.62 In bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, over access commitment
1904.90.63 In bulk or in packages of a weight exceeding 11.34 kg each: Of barley, within access commitment
1904.90.64 In bulk or in packages of a weight exceeding 11.34 kg each: Of barley, over access commitment
1905.10.29 Leavened with yeast, containing 25% or more by weight of wheat, over access commitment: Other
1905.10.40 Not leavened with yeast, in packages of a weight not exceeding 11.34 kg each, containing 25% or more by weight of wheat, within access commitment
1905.10.51 Not leavened with yeast, in packages of a weight not exceeding 11.34 kg each, containing 25% or more by weight of wheat, over access commitment: In packages of a weight not exceeding 454 g each
1905.10.59 Not leavened with yeast, in packages of a weight not exceeding 11.34 kg each, containing 25% or more by weight of wheat, over access commitment: Other
1905.10.60 Other, not leavened with yeast, in packages of a weight not exceeding 11.34 kg each
1905.10.71 Other, not leavened with yeast, in bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, within access commitment
1905.10.72 Other, not leavened with yeast, in bulk or in packages of a weight exceeding 11.34 kg each: Containing 25% or more by weight of wheat, over access commitment
1905.10.79 Other, not leavened with yeast, in bulk or in packages of a weight exceeding 11.34 kg each: Other
1905.20.00 Gingerbread and the like
2003.10.00 Mushrooms of the genus Agaricus
2003.90.90 Other
2004.10.00 Potatoes
2005.10.00 Homogenized vegetables
2005.20.00 Potatoes
2005.40.00 Peas (Pisum sativum)
2005.51.90 Other
2005.59.00 Other
2005.60.00 Asparagus
2005.80.00 Sweet corn (Zea mays var. saccharata)
2008.40.10 Pulp
2008.40.90 Other
2008.50.10 Pulp
2008.50.90 Other
2008.60.10 Pulp
2008.60.90 Other
2008.70.10 Pulp
2008.70.90 Other
2008.80.00 Strawberries
2008.93.00 Cranberries (Vaccinium macrocarponVaccinium oxycoccosVaccinium vitis-idaea)
2008.97.90 Other
2008.99.20 Apples, other than pulp
2009.61.90 Other
2009.71.10 Reconstituted
2009.71.90 Other
2009.89.20 Of a vegetable
2102.10.10 With a moisture content of 15% or more but excluding liquid yeast
2102.10.20 With a moisture content of less than 15%; liquid yeast
2105.00.92 Other: Over access commitment
2106.90.31 Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Milk, cream or butter substitutes, containing 50% or more by weight of dairy content, within access commitment
2106.90.32 Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Milk, cream or butter substitutes, containing 50% or more by weight of dairy content, over access commitment
2106.90.33 Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Preparations, containing more than 15% by weight of milk fat but less than 50% by weight of dairy content, suitable for use as butter substitutes, within access commitment
2106.90.34 Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Preparations, containing more than 15% by weight of milk fat but less than 50% by weight of dairy content, suitable for use as butter substitutes, over access commitment
2106.90.35 Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Milk or cream substitutes, containing, in the dry state, over 10% by weight of milk solids but less than 50% by weight of dairy content, and butter substitutes, containing, in the dry state, over 10% by weight of milk solids but 15% or less by weight of milk fat
2106.90.39 Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Other
2106.90.51 Egg preparations: Within access commitment
2106.90.52 Egg preparations: Over access commitment
2106.90.93 Other: Containing 50% or more by weight of dairy content, within access commitment
2106.90.94 Other: Containing 50% or more by weight of dairy content, over access commitment
2106.90.95 Other: Other preparations, containing, in the dry state, over 10% by weight of milk solids but less than 50% by weight of dairy content
2201.90.00 Other
2202.90.43 Beverages containing milk: Other, containing 50% or more by weight of dairy content, not put up for retail sale, over access commitment
2206.00.11 Cider: Sparkling, of an alcoholic strength by volume not exceeding 22.9% vol
2206.00.12 Cider: Other sparkling
2206.00.18 Cider: Other cider, of an alcoholic strength by volume not exceeding 22.9% vol
2206.00.19 Cider: Other
2206.00.21 Prune wine: Of an alcoholic strength by volume not exceeding 22.9% vol
2206.00.22 Prune wine: Of an alcoholic strength by volume exceeding 22.9% vol
2206.00.31 Perry, sparkling: Of an alcoholic strength by volume not exceeding 22.9% vol
2206.00.39 Perry, sparkling: Other
2206.00.49 Other wine, sparkling: Other
2206.00.50 Sake and other wine, not sparkling, of an alcoholic strength by volume not exceeding 13.7% vol
2206.00.63 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 13.7% vol but not exceeding 21.9% vol: Of an alcoholic strength by volume exceeding 15.9% vol but not exceeding 16.9% vol
2206.00.64 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 13.7% vol but not exceeding 21.9% vol: Of an alcoholic strength by volume exceeding 16.9% vol but not exceeding 17.9% vol
2206.00.66 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 13.7% vol but not exceeding 21.9% vol: Of an alcoholic strength by volume exceeding 18.9% vol but not exceeding 19.9% vol
2206.00.67 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 13.7% vol but not exceeding 21.9% vol: Of an alcoholic strength by volume exceeding 19.9% vol but not exceeding 20.9% vol
2206.00.68 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 13.7% vol but not exceeding 21.9% vol: Of an alcoholic strength by volume exceeding 20.9% vol but not exceeding 21.9% vol
2206.00.71 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 21.9% vol: Of an alcoholic strength by volume not exceeding 22.9% vol
2206.00.72 Sake and other wine, not sparkling, of an alcoholic strength by volume exceeding 21.9% vol: Of an alcoholic strength by volume exceeding 22.9% vol
2206.00.80 Ginger beer and herbal beer
2206.00.91 Other: Mead
2206.00.92 Other: Other, of an alcoholic strength by volume not exceeding 22.9% vol
2206.00.93 Other: Other, of an alcoholic strength by volume exceeding 22.9% vol
2207.10.10 For use as a spirituous or alcoholic beverage or for use in the manufacture of spirituous or alcoholic beverages
2207.10.90 Other
2207.20.11 Ethyl alcohol: Specially denatured alcohol, within the meaning of the Excise Act, 2001 1
2207.20.12 Ethyl alcohol: Denatured alcohol, within the meaning of the Excise Act, 2001
2207.20.19 Ethyl alcohol: Other
2207.20.90 Other
2301.20.19 Fish meal: Other
2302.30.20 Over access commitment
2302.40.12 Of barley: Over access commitment
2303.20.10 Dried beet-pulp
2309.10.00 Dog or cat food, put up for retail sale
2309.90.20 Other preparations containing eggs
2309.90.31 Complete feeds and feed supplements, including concentrates: Containing 50% or more by weight in the dry state of non-fat milk solids, within access commitment
2309.90.32 Complete feeds and feed supplements, including concentrates: Containing 50% or more by weight in the dry state of non-fat milk solids, over access commitment
2309.90.33 Complete feeds and feed supplements, including concentrates: Containing more than 10% but less than 50% by weight in the dry state of non-fat milk solids
2309.90.34 Complete feeds and feed supplements, including concentrates: Containing 10% or less by weight in the dry state of non-fat milk solids
2309.90.35 Complete feeds and feed supplements, including concentrates: Containing 50% or more by weight in the dry state of milk solids containing butterfat
2309.90.36 Complete feeds and feed supplements, including concentrates: Containing more than 10% but less than 50% by weight in the dry state of milk solids containing butterfat
2309.90.99 Other: Other
2401.10.91 Other: Turkish type
2401.10.99 Other: Other
2401.20.10 Wrapper tobacco for use in the manufacture of cigars
2401.20.90 Other
2401.30.00 Tobacco refuse
2402.10.00 Cigars, cheroots and cigarillos, containing tobacco
2402.20.00 Cigarettes containing tobacco
2402.90.00 Other
2403.11.00 Water pipe tobacco specified in Subheading Note 1 to this Chapter 2
2403.19.00 Other
2403.91.10 Suitable for use as wrapper tobacco
2403.91.20 Processed leaf tobacco suitable for use as cigar binders
2403.91.90 Other
2403.99.10 Snuff
2403.99.20 Manufactured tobacco substitutes not containing tobacco
2403.99.90 Other
3502.11.10 Within access commitment
3502.11.20 Over access commitment
3502.19.10 Within access commitment
3502.19.20 Over access commitment

Israel’s Tariff Schedule

List A

Tariff Item Description
0102.29.20 Whose weight exceeds 240 kg and does not exceed 250 kg and the Director General of the Ministry of Agriculture has approved that they are intended for upbringing 
0102.39.20 Whose weight exceeds 240 kg and does not exceed 250 kg and the Director General of the Ministry of Agriculture has approved th at they are intended for upbringing 
0102.39.90 Other 
0102.90.50 Whose weight exceeds 240 kg and does not exceed 250 kg and the Director General of the Ministry of Agriculture has approved that they are intended for upbringing 
0102.90.80 Other 
0103.91.90 Other 
0103.92.00 Weighing 50 kg or more 
0104.10.90 Other 
0104.20.90 Other 
0105.13.10 Whose value does not exceed NIS12 each 
0105.14.10 Whose value does not exceed NIS12 each 
0105.15.10 Whose value does not exceed NIS12 each 
0105.94.00 Fowls of the species Gallus domesticus 
0105.99.00 Other 
0204.10.10 Fresh 
0204.10.90 Other 
0204.21.00 Carcasses and half carcasses 
0204.22.00 Other cuts with bone in 
0204.23.00 Boneless 
0204.30.00 Carcasses and half carcasses of lamb, frozen 
0204.41.00 Carcasses and half carcasses 
0204.42.00 Other cuts with bone in 
0204.43.00 Boneless 
0207.11.00 Not cut in pieces, fresh or chilled 
0207.12.00 Not cut in pieces, frozen 
0207.13.00 Cuts and offal, fresh or chilled 
0207.14.00 Cuts and offal, frozen 
0207.24.00 Not cut in pieces, fresh or chilled 
0207.25.00 Not cut in pieces, frozen 
0207.26.00 Cuts and offal, fresh or chilled 
0207.27.00 Cuts and offal, frozen 
0207.41.00 Not cut in pieces, fresh or chilled 
0207.42.00 Not cut in pieces, frozen 
0207.43.00 Fatty livers, fresh or chilled 
0207.44.00 Other, fresh or chilled 
0207.45.10 Liver 
0207.45.90 Other 
0207.51.00 Not cut in pieces, fresh or chilled 
0207.53.00 Fatty livers, fresh or chilled 
0207.54.00 Other, fresh or chilled 
0207.55.10 Liver 
0207.60.10 Fatty livers, fresh or chilled 
0207.60.20 Other, fresh or chilled 
0207.60.90 Other 
0208.30.00 Of primates 
0208.40.00 Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia
0208.50.00 Of reptiles (including snakes and turtles) 
0208.60.00 Of camels and other camelids (Camelidae
0210.91.10 Meat and meat offal 
0210.91.90 Other 
0210.92.10 Meat and meat offal 
0210.92.90 Other 
0210.93.10 Meat and meat offal 
0210.93.90 Other 
0301.11.90 Other 
0301.19.90 Other 
0301.91.90 Other 
0301.93.90 Other 
0301.94.90 Other 
0301.95.90 Other 
0301.99.90 Other 
0302.11.00 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster
0302.22.00 Plaice (Pleuronectes platessa
0302.23.00 Sole (Solea spp.
0302.24.00 Turbots (Psetta maxima, Scophthalmidae
0302.29.00 Other 
0302.31.00 Albacore or longfinned tunas (Thunnus alalunga)  
0302.32.00 Yellowfin tunas (Thunnus albacares)  
0302.33.00 Skipjack or stripe bellied bonito 
0302.34.00 Bigeye tunas (Thunnus obesus
0302.36.00 Southern bluefin tunas (Thunnus maccoyii
0302.39.00 Other 
0302.41.00 Herrings (Clupea harengus, Clupea pallasii
0302.42.00 Anchovies (Engraulis spp.
0302.43.00 Sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus
0302.44.00 Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus
0302.45.00 Jack and horse mackerel (Trachurus spp.
0302.46.00 Cobia (Rachycentron canadum
0302.53.00 Coalfish (Pollachius virens
0302.55.00 Alaska pollack (Theraga chalcogramma
0302.56.00 Blue whitings (Micromesistius poutassou, Micromesistius australis
0302.59.10 Other fish approved by the Director General of the Ministry of Agriculture as the kind of fish that are not raised or caught in Israel or in the Mediterranean Sea 
0302.59.90 Other 
0302.71.00 Tilapias (Oreochromis spp.
0302.72.10 Catfish (Pangasius spp, Silrus spp, Ictalurus spp
0302.72.90 Other 
0302.73.00 Carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus
0302.74.00 Eels (Anguilla spp.) 
0302.79.10 Nile perch (Lates niloticus
0302.79.90 Snakeheads (Channa spp.) 
0302.81.00 Dogfish and other sharks 
0302.82.00 Rays and skates (Rajidae
0302.83.00 Toothfish (Dissostichus spp.) 
0302.84.00 Seabass (Dicentrarchus spp.) 
0302.85.10 White seabream (Diplodus sargus
0302.85.20 Gilthead seabream (Sparus auratus
0302.85.90 Other 
0302.89.10 Mullet (Mugilidae
302.89.20 White grouper (Epinehelus aeneus); red mullet (Mullus babatus); frigate tuna (Auxis thazard); greater amberjack (Seriola dumerili); white seabream (Diplodus sargus
0303.14.10 Only of the kind Salmo trutta that the Director General of the Ministry of Economy and Industry approved as intended for use in fish smoking industry 
0303.14.90 Other 
0304.31.00 Tilapias (Oreochromis spp.) 
0304.32.90 Other 
0304.33.00 Nile perch (Lates niloticus
0304.39.10 Of carp 
0304.39.90 Other 
0304.42.00 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)
0304.44.90 Other 
0304.45.00 Swordfish (Xiphias gladius
0305.10.00 Flours, meals and pellets of fish, fit for human consumption
0305.31.90 Other 
0305.39.90 Other 
0305.43.00 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster
0305.44.00 Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.) 
0305.49.00 Other 
0305.71.90 Other 
0306.11.20 Smoked 
0306.14.10 Smoked 
0306.15.20 Smoked 
0306.19.10 Smoked 
0306.21.20 Smoked 
0306.24.10 Smoked 
0306.25.10 Smoked 
0306.26.10 Smoked 
0306.26.90 Other 
0306.27.10 Smoked 
0306.27.90 Other 
0306.29.11 Smoked 
0306.29.19 Other 
0306.29.91 Smoked 
0307.19.10 Smoked 
0307.41.00 Live, fresh or chilled 
0307.49.10 Smoked 
0307.49.90 Other 
0307.51.00 Live, fresh or chilled 
0307.59.10 Smoked 
0307.59.90 Other 
0307.60.10 Live, fresh or chilled 
0307.60.91 Smoked 
0307.79.10 Smoked 
0307.89.10 Smoked 
0307.99.10 Smoked 
0308.19.10 Smoked 
0308.29.10 Smoked 
0308.30.10 Smoked 
0308.90.10 Smoked 
0401.10.00 Of a fat content, by weight, not exceeding 1% 
0401.20.00 Of a fat content, by weight, exceeding 1% but not exceeding 6% 
0401.40.00 Of a fat content, by weight, exceeding 6% but not exceeding 10% 
0401.50.00 Of a fat content, by weight, exceeding 10% 
0402.10.20 Approved by the Director General of the Ministry of Economy and Industry as intended for the manufacture of chocolate, candy, animal food or food preparations of heading 19.01 
0402.10.90 Other 
0402.21.20 Approved by the Director General of the Ministry of Economy and Industry as intended for the manufacture of chocolate, candy, animal food or food preparations of heading 19.01 
0402.21.90 Other 
0402.29.00 Other 
0402.91.00 Not containing added sugar or other sweetening matter 
0402.99.00 Other 
0403.10.11 In powder or in granulates or any other solid form including milk fat in a percentage not exceeding 1.5% by weight 
0403.10.12 In powder or in granulates or any other solid form including milk fat in a percentage exceeding 1.5% according to their weight 
0403.10.13 Other, including milk fats in a percentage not exceeding 3% by weight 
0403.10.19 Other 
0403.10.20 In a solid state approved by the Director General of the Ministry of Economy and Industry that it is intended for the manufacture of chocolate and candy 
0403.10.30 Yoghurt based beverage 
0403.10.90 Other 
0403.90.11 In powder or in granulates or any other solid form including milk fat in a percentage not exceeding 1.5% by weight 
0403.90.12 In powder or in granulates or any other solid form including milk fat in a percentage exceeding 1.5% by weight 
0403.90.13 Other, including milk fats in a percentage not exceeding 3% by weight 
0403.90.19 Other 
0403.90.90 Other 
0404.10.90 Other 
0404.90.00 Other 
0405.10.39 Other 
0405.10.99 Other 
0405.20.00 Dairy spreads 
0405.90.20 Water free butter or butter of the kind "ghee" 
0405.90.90 Other 
0406.10.10 Made of sheep milk fully or partially 
0406.10.90 Other 
0406.20.20 In powder, approved by the Director General of the Ministry of Agriculture as intended for the manufacture of animal food 
0406.20.90 Other 
0406.30.00 Processed cheese, not grated or powdered 
0406.40.00 Blue veined cheese and other cheese containing veins produced by Penicillium roqueforti 
0406.90.20 White halomi cheese processed by boiling 
0406.90.30 Hard dried cheese of the kind “jimeed”
0406.90.90 Other 
0407.21.00 Of fowls of the species Gallus domesticus 
0407.29.00 Other 
0407.90.00 Other 
0408.11.00 Dried 
0408.19.00 Other 
0408.91.00 Dried 
0408.99.00 Other 
0410.00.00 Edible products of animal origin, not elsewhere specified or included 
0702.00.10 Which will be released in the months June to October 
0702.00.90 Which will be released in the months November to May 
0704.10.00 Cauliflowers and headed broccoli 
0704.20.00 Brussels sprouts 
0704.90.10 Chinese cabbage 
0704.90.20 Kohlrabi 
0704.90.30 Red cabbage, white cabbage 
0704.90.90 Other
0705.11.00 Cabbage lettuce (head lettuce) 
0705.19.00 Other 
0705.29.00 Other 
0706.10.10 Which will be released in the months December to May 
0706.10.90 Which will be released in the months June to November 
0706.90.10 Celeriac roots 
0706.90.30 Radish and small radish 
0706.90.90 Other 
0707.00.00 Cucumbers and gherkins, fresh or chilled.
0708.10.00 Peas (Pisum sativum
0708.20.00 Beans (Vigna spp., Phaseolus spp.) 
0708.90.20 Broad beans 
0708.90.90 Other 
0709.20.10 Other 
0709.20.90 Which will be released in the months May to September 
0709.30.00 Aubergines (eggplants) 
0709.40.00 Celery other than celeriac 
0709.51.10 Which will be released in the months June to September 
0709.51.90 Other 
0709.59.20 Truffles 
0709.59.90 Other 
0709.60.00 Fruits of the genus Capsicum or of the genus Pimenta 
0709.70.00 Spinach, New Zealand spinach and orache spinach (garden spinach) 
0709.91.00 Globe artichokes 
0709.92.00 Olives 
0709.93.10 Zucchini
0709.93.90 Other
0709.99.20 Sweet corn 
0709.99.90 Other 
0710.30.00 Spinach, New Zealand spinach and orache spinach (garden spinach) 
0710.40.00 Sweet corn
0710.80.10 Cauliflower, broccoli, cabbage, peppers, celery
0710.80.20 Mushrooms 
0710.80.40 Carrots 
0711.20.00 Olives 
0711.40.00 Cucumbers and gherkins 
0711.51.00 Mushrooms of the genus Agaricus 
0711.59.00 Other 
0711.90.10 Peppers of the genus piper species; peppers of the genus Capsicum or Pimenta 
0711.90.20 Tomatoes, including juice and paste 
0711.90.30 Potatoes
0711.90.41 Sweet corn 
0711.90.42 Onions 
0711.90.49 Other 
0712.90.10 Garlic 
0714.20.00 Sweet potatoes 
0714.30.00 Yams (Dioscorea spp.) 
0714.40.00 Taro (Colocasia spp.) 
0714.50.00 Yautia (Xanthosoma spp.) 
0714.90.00 Other 
0801.21.00 In shell 
0801.22.00 Shelled 
0801.31.00 In shell 
0801.32.00 Shelled 
0802.11.90 Other 
0802.12.90 Other 
0802.21.00 In shell 
0802.22.90 Other 
0802.31.00 In shell
0802.32.00 Shelled
0802.41.00 In shell 
0802.42.00 Shelled 
0802.51.00 In shell 
0802.52.00 Shelled 
0802.61.00 In shell 
0802.62.00 Shelled 
0802.70.00 Kola nuts (Cola spp.
0802.80.00 Areca nut 
0802.90.20 Pecans
0802.90.93 Pine cone 
0802.90.99 Other 
0803.10.10 Fresh 
0803.10.90 Dried 
0803.90.10 Fresh 
0803.90.90 Dried 
0804.10.10 Pressed 
0804.10.90 Other 
0804.20.11 Which will be released in the months May to November 
0804.20.19 Which will be released in the months December to April 
0804.20.20 Dried 
0804.30.10 Fresh 
0804.30.20 Dried 
0804.40.10 Fresh 
0804.40.20 Dried 
0804.50.10 Which will be released from the months June to December 
0804.50.20 Which will be released from the months January to May 
0804.50.90 Dried 
0805.10.10 Fresh 
0805.10.20 Dried
0805.20.10 Fresh 
0805.20.20 Dried 
0805.40.11 Grapefruits 
0805.40.19 Pomelos 
0805.40.20 Dried 
0805.50.10 Fresh 
0805.50.90 Dried 
0805.90.11 Ethrogs (Citrus medica), kumquats and limes 
0805.90.19 Other 
0805.90.20 Dried 
0806.10.90 Other 
0807.11.00 Watermelons 
0807.19.10 Which will be released in the months October to May 
0807.19.90 Which will be released in the months June to September 
0807.20.00 Papaws (papayas) 
0808.40.00 Quinces 
0809.10.10 Which will be released in the months April to August 
0809.10.90 Which will be released in the months September to March 
0809.30.10 Other which will be released in the months April to November 
0809.30.90 Which will be released in the months December to March 
0809.40.10 Which will be released in the months May to November 
0809.40.90 Which will be released in the months December to April 
0810.50.10 Which will be released in the months September to June 
0810.50.90 Which will be released in the months July to August 
0810.60.00 Durians 
0810.70.10 Which will be released in the months August to March 
0810.70.90 Which will be released in the months April to July 
0810.90.31 Which will be released in the months March to July 
0810.90.39  Loquat (medlar)
0810.90.90 Other 
0812.90.10 Strawberries 
0812.90.90 Other 
0813.20.10 That their moisture level is lower than 24% in packages that contain 30 kg or more and approved by the Director General of the Ministry of Agriculture 
0813.20.90 Other 
0904.11.00 Neither crushed nor ground 
0904.12.00 Crushed or ground 
0904.21.00 Dried, neither crushed nor ground 
0904.22.00 Crushed or ground
0907.10.00 Neither crushed nor ground 
0907.20.00 Crushed or ground 
0908.11.00 Neither crushed nor ground 
0908.12.00 Crushed or ground 
0908.21.00 Neither crushed nor ground 
0908.22.00 Crushed or ground 
0908.31.00 Neither crushed nor ground 
0908.32.00 Crushed or ground 
0909.61.90 Other 
0909.62.90 Other 
0910.11.10 Which will be released in the months October to January 
0910.11.90 Other 
0910.12.00 Crushed or ground 
0910.20.00 Saffron 
0910.30.00 Turmeric (curcuma) 
1108.12.99 Other 
1108.14.00 Manioc (cassava) starch 
1108.20.00 Inulin 
1202.30.90 Other 
1202.41.00 In shell 
1202.42.90 Other 
1206.00.90 Other 
1207.21.00 Seed 
1207.29.00 Other 
1207.60.00 Safflower (Carthamus tinctorius) seeds 
1207.70.00 Melon seeds 
1207.91.00 Poppy seeds 
1207.99.00 Other 
1208.90.10 Of poppy seeds 
1209.91.20 Watermelon seeds 
1209.99.29 Which will be released within the framework of the fifth addition 
1212.29.19 Other 
1212.91.00 Sugar beet 
1212.93.00 Sugar cane 
1212.94.00 Chicory roots 
1212.99.60 Watermelon seeds (Cucurbita pepol) in shell, not roasted, not salted, without an ability to sprout, edible for humans 
1404.90.19 Other 
1404.90.20 Henna 
1504.10.90 Other 
1504.30.40 Sperm oil 
1504.30.90 Other 
1508.10.00 Crude oil 
1508.90.90 Other 
1509.10.90 Other 
1509.90.31 Which will be released in the months January to September in packages that exceed 850 kg 
1509.90.39 Other 
1509.90.90 Other 
1510.00.30 Edible 
1510.00.90 Other 
1511.10.20 Other 
1511.90.90 Other 
1512.11.11 Sunflower oil
1512.19.21 Sunflower oil
1512.21.90 Other 
1512.29.90 Other 
1513.11.90 Other 
1513.19.90 Other 
1513.21.20 Other 
1513.29.90 Other 
1514.91.90 Other 
1514.99.90 Other 
1515.30.00 Castor oil and its fractions 
1515.50.90 Other 
1515.90.21 Oil from sweet almonds 
1515.90.22 Other oils, of nuts or detailed fruit pips or stones of headings 08.02 or 12.12 
1515.90.30 Other 
1516.10.11 Edible 
1516.10.19 Other 
1516.10.92 Sperm oil 
1516.10.93 Other, of fish or sea mammals
1517.90.21 Containing olive oil 
1517.90.22 Containing soybean oil, sunflower oil, safflower oil, cottonseed oil, maize (corn) oil or liftit oil 
1518.00.21 Castor oil 
1520.00.90 Other 
1521.10.00 Vegetable waxes 
1601.00.10 Containing chicken meat 
1602.20.10 A preparation which has undergone homogenization 
1602.20.91 Containing chicken liver 
1602.20.99 Other 
1602.31.10 A preparation which has undergone homogenization 
1602.31.90 Other 
1602.32.10 A preparation which has undergone homogenization 
1602.32.90 Other 
1602.39.10 A preparation which has undergone homogenization 
1602.39.90 Other 
1602.41.00 Hams and cuts thereof 
1602.42.00 Shoulders and cuts thereof 
1602.49.10 A preparation which has undergone homogenization 
1602.49.90 Other 
1602.50.10 A preparation which has undergone homogenization 
1602.50.91 Containing more than 20% chicken meat by weight 
1602.90.10 A preparation which has undergone homogenization 
1602.90.90 Other 
1603.00.00 Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates 
1604.14.90 Other 
1604.19.30 Covered tilapia frozen fillet, seasoned or otherwise prepared
1605.40.00 Other crustaceans 
1605.51.00 Oysters 
1605.54.00 Cuttle fish and squid 
1605.55.00 Octopus 
1605.56.00 Clams, cockles and arkshells 
1605.57.00 Abalone 
1605.58.00 Snails, other than sea snails 
1605.59.00 Other 
1605.61.00 Sea cucumbers 
1605.62.00 Sea urchins 
1605.63.00 Jellyfish 
1605.69.00 Other 
1901.90.21 In powder form 
1901.90.22 Cheese substitutes 
1901.90.29 Other 
2003.10.00 Mushrooms of the genus Agaricus  
2003.90.10 Truffles 
2003.90.90 Other 
2004.10.10 Products made from flour or of meal 
2004.90.10 Products made from flour or of meal 
2004.90.93 Sweet corn 
2004.90.94 Legumes
2005.20.20 Homogenized preparation 
2005.40.90 Other 
2005.59.90 Other 
2005.60.00 Asparagus 
2005.70.10 In packages that contain 50 kg or more 
2005.70.90 Other 
2005.80.10 Miniature corn 
2005.80.90 Other 
2005.99.30 Carrots, except those of subheading 9020 
2008.11.90 Other 
2008.19.32 Other almonds 
2008.19.91 Almonds 
2008.20.90 Other 
2008.30.90 Other 
2008.40.90 Other 
2008.50.90 Other 
2008.60.00 Cherries 
2008.70.00 Peaches, including nectarines 
2008.80.20 With an addition of alcohol in an amount exceeding 2% by volume 
2008.80.40 In packages whose weight exceeds 4.5 kg 
2008.80.90 Other 
2008.91.00 Palm hearts 
2009.11.19 Other 
2009.11.20 Concentrated, other 
2009.11.30 In packages containing 100 kg or more 
2009.11.40 In packages containing 100 kg or more                                 
2009.11.90 Other juices 
2009.12.10 In packages containing 100 kg or more 
2009.12.90 Other 
2009.19.19 Other 
2009.19.90 Other 
2009.21.21 In packages containing 100 kg or more 
2009.21.29 Other 
2009.21.31 In packages containing 100 kg or more 
2009.21.33 Other 
2009.29.12 Pomelas, in packages containing 230 kg or more of a Brix value exceeding 50 
2009.29.13 Grapefruits, in other packages 
2009.29.14 Other pomelas 
2009.29.80 Other pomelas 
2009.29.90 Other 
2009.31.10 In packages containing 100 kg or more 
2009.31.90 Other 
2009.39.19 Other 
2009.39.90 Other 
2009.61.00 Of a Brix value not exceeding 30 
2009.69.20 Of a Brix value not exceeding 67 
2009.69.90 Other 
2009.71.10 In packages containing 100 kg or more 
2009.71.90 Other 
2009.79.39 Other 
2009.79.90 Other 
2009.90.11 Concentrated 
2009.90.19 Other 
2009.90.20 Containing more than 50% tomato juice 
2009.90.30 Containing more than 50% of citrus or apple juices of Brix value exceeding 20 
2009.90.90 Other 
2102.30.00 Prepared baking powders 
2105.00.11 Containing less than 3% milk fat 
2105.00.12 Containing 3% or more milk fat but less than 7% milk fat 
2105.00.13 Containing 7% or more milk fat 
2105.00.90 Other 
2106.90.10 Other jelly powders, ice cream powders and similar other powders 
2106.90.40 Cream substitutes and mixtures of fats with sugar 
2106.90.60 Saccharin in another form ready for use, including substances having similar characteristics or uses in tablets 
2106.90.91 Containing potatoes in any form whatsoever 
2106.90.97 Concentrated fruit or vegetable juices fortified with minerals or with vitamins from products containing more than 50% milk solids by weight 
2204.30.00 Other grape must 
2205.10.00 In containers holding 2 l or less 
2205.90.00 Other 
2306.30.00 Of sunflower seeds 
2403.19.90 Other 
2403.91.00 Homogenised or "reconstituted" tobacco 
2403.99.10 Tobacco for sniffing
2403.99.90 Other 
3501.90.90 Other 
3502.11.00 Dried 
3502.19.00 Other
3502.20.00 Milk albumin, including concentrates of two or more whey proteins 

Israel’s Tariff Schedule

List B

Tariff Item Description Base Rate Percentage (%) Base Rate Per Unit Rate (New Israeli Shekel-NIS) Annual Volume of Duty free tariff rate quota (TRQ) * (Metric Tonnes net weight, unless otherwise indicated) Percentage reduction of the base rate ** Notes
0102.29.90 Other  0 1.15 600    
0201.10.00 Carcasses and half carcasses  12 15 300   Annual volume of TRQ is shared with tariff items 0201.20.00 and 0201.30.00
0201.20.00 Other cuts with bone in  12 15 300   Annual volume of TRQ is shared with tariff items 0201.10.00 and 0201.30.00
0201.30.00 Boneless  12 15 300   Annual volume of TRQ is shared with tariff items 0201.10.00 and 0201.20.00
0204.50.00 Meat of goats 0 7, but no more than 30% 300 10 Out-of-quota duty:  a reduction of 10% of base rate, resulting in a rate of 6.30 NIS, but no more than 27%
0206.10.10 Fresh  50   200   Annual volume of TRQ is shared with tariff items 0206.10.90 and 0206.80.00
0206.10.90 Other  50   200   Annual volume of TRQ is shared with tariff items 0206.10.10 and 0206.80.00
0206.80.00 Other, fresh or chilled  60   200   Annual volume of TRQ is shared with tariff items 0206.10.10 and 0206.10.90
0210.20.00 Meat of bovine animals  0 417, but no more than 85%   25 Five reductions of 5% each in Year 1, Year 2, Year 3, Year 4 and Year 5, resulting in a total reduction of 25% of base rate. The resulting rate is 312.75 NIS, but no more than 63.75%
0301.92.90 Other  0 2.5   50  
0302.35.00 Atlantic and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis 0 3 50    
0302.89.90 Other  0 7.5   50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.43.00 Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and Citharidae 0 5   50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.44.10 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus 0 5   50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.44.20 Hake (Merluccius spp., Urophycis spp.)  0 5   50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.49.10 Of mullet (Mugilidae 0 11   50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.49.20 Red fish  0 5   50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.49.30 Of fishes from subheadings: 0302.30.00, 0302.40.00, 0302.52.00, 0302.53.00, 0302.74.00 and 0302.81.00  0 5   50 Three  reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0304.49.90 Other  0 11   50 Three  reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0305.20.20 Other  8     50 Three  reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0305.32.90 Other  8     50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0305.51.30 Other  8     50 Three  reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0305.59.30 Other  8     50 Three reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0306.16.80 Other  26   150 25 Annual volume of TRQ is shared with tariff item 0306.17.80
0306.17.80 Other  26   150 25 Annual volume of TRQ is shared with tariff item 0306.16.80
0407.19.00 Other  0 3.6, but no more than 50%   50 A reduction of 50% of base rate, resulting in a rate of 1.8 NIS, but no more than 25%
0409.00.20 Other in packages whose weight exceeds 1.5 kg and does not exceed 50 kg  0 11.86, but no more than 255% 50  
0409.00.30 In packages whose weight exceeds 50 kg  0 11.29, but no more than 255%   30 A reduction of 30% of base rate, resulting in a rate of 7.9 NIS, but no more than 178.5%
0409.00.90 Other  0 17.25, but no more than 255% 100    
0603.11.00 Roses  10   10    
0701.10.10 Which will be released in the months June to September  97   1400    
0701.90.11 In packages whose weight exceeds 750 kg  0 1.92, but no more than 230% 1400   Annual volume of TRQ is shared with tariff items 0701.90.19, 0701.90.21, and 0701.90.29
0701.90.19 Other  0 1.92, but no more than 230% 1400   Annual volume of TRQ is shared with tariff items  0701.90.11, 0701.90.21, and 0701.90.29
0701.90.21 In packages whose weight exceeds 750 kg  0 1.66, but no more than 234% 1400   Annual volume of TRQ is shared with tariff items 0701.90.11, 0701.90.19, and 0701.90.29
0701.90.29 Other  0 1.66, but no more than 634% 1400   Annual volume of TRQ is shared with tariff items 0701.90.11, 0701.90.19, and 0701.90.21
0703.10.10 Which will be released in the months January to April  0 1.17, but no more than 298% 300 10 Annual volume of TRQ is shared with tariff item 0703.10.90
Out-of-quota duty:  a reduction of 10% of base rate, resulting in a rate of 1.05 NIS, but no more than 268.2%
0703.10.90 Other  0 0.81, but no more than 298% 300 10 Annual volume of TRQ is shared with tariff item 0703.10.10 
Out-of-quota duty:  a reduction of 10% of base rate, resulting in a rate of 0.73 NIS, but no more than 268.2%
0703.20.30 Garlic cloves  0 10.49, but no more than 340% 125   Annual volume of TRQ is shared with tariff item 0703.20.90
0703.20.90 Other  0 7.66, but no more than 340% 125   Annual volume of TRQ is shared with tariff item 0703.20.30
0703.90.00 Leeks and other alliaceous vegetables  75     20 Two reductions of 10% each in Year 1 and Year 2, resulting in a total reduction of 20% of base rate
0710.10.00 Potatoes  12   550   Annual volume of TRQ is shared with tariff items 0710.21.00, 0710.22.00, and 0710.29.90
0710.21.00 Peas (Pisum sativum) 12   550   Annual volume of TRQ is shared with tariff items 0710.10.00, 0710.22.00, and 0710.29.90
0710.22.00 Beans (Vigna spp. Phaseolus spp.) 12   550   Annual volume of TRQ is shared with tariff items 0710.10.00, 0710.21.00, and 0710.29.90
0710.29.90 Other  20   550   Annual volume of TRQ is shared with tariff items 0710.10.00, 0710.21.00, and 0710.22.00
0710.90.00 Mixtures of vegetables 12   150    
0713.20.00 Chickpeas (garbanzos) 0 1.13, but no more than 140% 400 20 Out-of-quota duty:  a reduction of 20% of base rate, resulting in a rate of 0.9 NIS, but no more than 112%
0806.20.30 In packages whose weight exceeds 200 kg for which the Director General of the Ministry of Agriculture has approved that they are intended for processing and manufacture of raisins  0 7, but no more than 340% 300   Annual volume of TRQ is shared with tariff item 0806.20.90
0806.20.90 Other  0 7, but no more than 340% 300   Annual volume of TRQ is shared with tariff item 0806.20.30
0808.10.00 Apples  0 1.99, but no more than 553% 900    
0808.30.00 Pears  0 2.21, but no more than 438% 400    
0809.21.10 Which will be released in the months April to July  0 3.97, but no more than 81%   30 Five reductions of 6% each in Year 1, Year 2, Year 3, Year 4 and Year 5, resulting in a total reduction of 30% of base rate. The resulting rate is 2.78 NIS, but no more than 56.7%
0809.21.90 Which will be released in the months August to March  0 1.87, but no more than 81%   30 Five reductions of 6% each in Year 1, Year 2, Year 3, Year 4 and Year 5, resulting in a total reduction of 30% of base rate. The resulting rate is 1.31 NIS, but no more than 56.7%
0809.29.10 Which will be released in the months April to July  0 3.97, but no more than 81%   30 Four reductions of 7.5% each in Year 1, Year 2, Year 3 and Year 4, resulting in a total reduction of 30% of base rate. The resulting rate is 2.78 NIS, but no more than 56.7%
0809.29.90 Which will be released in the months August to March  0 1.87, but no more than 81%   30 Four reductions of 7.5% each in Year 1, Year 2, Year 3 and Year 4, resulting in a total reduction of 30% of base rate. The resulting rate is 1.31 NIS, but no more than 56.7%
0810.10.10 Which will be released in the months October to May  0 4.53, but no more than 94%   30 Five reductions of 6% each in Year 1, Year 2, Year 3, Year 4 and Year 5, resulting in a total reduction of 30% of base rate. The resulting rate is 3.17 NIS, but no more than 65.8%
0810.10.90 Which will be released in the months June to September  0 4.53, but no more than 94%   30 Five reductions of 6% each in Year 1, Year 2, Year 3, Year 4 and Year 5, resulting in a total reduction of 30% of base rate. The resulting rate is 3.17 NIS, but no more than 65.8%
0810.20.00 Raspberries, blackberries, mulberries and loganberries  20   200   Annual volume of TRQ is shared with tariff item 0810.30.00
0810.30.00 Black, white or red currants and gooseberries  20   200   Annual volume of TRQ is shared with tariff item 0810.20.00
0811.10.10 For which the Director of the Ministry of Economy and Industry authorised that they are intended for the manufacturing of yogurt (conditional)  12     50 Three  reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0811.10.90 Other  12     50 Three  reductions of 16.67% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 50% of base rate
0812.10.00 Cherries  8   50    
0813.10.00 Apricots  8   1000   Annual volume of TRQ is shared with tariff items 0813.30.00, 0813.40.00, 0813.50.12, 0813.50.19, and 0813.50.20
0813.30.00 Apples  12   1000   Annual volume of TRQ is shared with tariff items 0813.10.00, 0813.40.00, 0813.50.12, 0813.50.19, and 0813.50.20
0813.40.00 Other fruit  8   1000   Annual volume of TRQ is shared with tariff items 0813.10.00, 0813.30.00, 0813.50.12, 0813.50.19, and 0813.50.20
0813.50.12 Containing 50% or more almonds  0 16, but no more than 82% 1000   Annual volume of TRQ is shared with tariff items 0813.10.00, 0813.30.00, 0813.40.00, 0813.50.19, and 0813.50.20
0813.50.19 Other  0 16, but no more than 46% 1000   Annual volume of TRQ is shared with tariff items 0813.10.00, 0813.30.00, 0813.40.00, 0813.50.12, and 0813.50.20
0813.50.20 Mixtures of dried fruits  0 7, but no more than 51% 1000   Annual volume of TRQ is shared with tariff items 0813.10.00, 0813.30.00, 0813.40.00, 0813.50.12, and 0813.50.19
0910.99.90 Other  8     50  
1005.90.10 Of the popcorn kind  0 2.3, but no more than 114% 100    
1101.00.90 Other  12   10000 50  
1507.10.10 Edible  7     40  
1507.10.90 Other  8     40  
1507.90.10 Edible  7     40  
1507.90.90 Other  8     40  
1512.11.90 Other  8     40  
1512.19.90 Other  8     40  
1514.11.10 Edible  7     40  
1514.11.90 Other  8     40  
1514.19.10 Edible  7     40  
1514.19.90 Other  8     40  
1514.91.11 Rape oil  7     40  
1514.99.11 Rape oil  7     40  
1605.21.00 Not in airtight container  12     100 Three  reductions of 33.33% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 100% of base rate
1605.29.00 Other  12     100 Three  reductions of 33.33% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 100% of base rate
1605.52.00 Scallops, including queen scallops  12     100 Three  reductions of 33.33% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 100% of base rate
1605.53.00 Mussels  12     100 Three  reductions of 33.33% each in Year 1, Year 2 and Year 3, resulting in a total reduction of 100% of base rate
1905.90.91 Containing eggs at a rate of 10% or more of the weight, but not less than 1.5% of milk fats and not less than 2.5% of milk proteins  6 0.32, but no more than 112%   60  A reduction of 60% of base rate, resulting in a rate of 2.4% + 0.13 NIS, but no more than 44.8%
1905.90.92 Other, containing flour, which is not wheat flour, in a quantity exceeding 15% of the total flour weight  0 0.32, but no more than 112%   60 A reduction of 60% of base rate, resulting in a rate of 0.13 NIS, but no more than 44.8% 
2002.90.13 That they are intended for the manufacture of ketchup (conditional)  12, but not less than 1.07 NIS   425   Annual volume of TRQ is shared with tariff items 2002.90.19, 2002.90.20, and 2002.90.90
2002.90.19 Other  12, but not less than 1.07 NIS   425   Annual volume of TRQ is shared with tariff items 2002.90.13, 2002.90.20, and 2002.90.90
2002.90.20 In powdered form  8   425   Annual volume of TRQ is shared with tariff items 2002.90.13, 2002.90.19, and 2002.90.90
2002.90.90 Other  12, but not less than 1.07 NIS   425   Annual volume of TRQ is shared with tariff items 2002.90.13, 2002.90.19, and 2002.90.20
2004.10.90 Other  50, but not less than 2.6 NIS   100    
2004.90.99 Other 12, but not less than 1.3 NIS     40 A reduction of 40% of base rate, resulting in a rate of 7.2 NIS, but not less than 0.78 NIS
2005.20.90 Other  12, but not less than 2.6 NIS     15 A reduction of 15% of base rate, resulting in a rate of 10.2 NIS, but not less than 2.21 NIS
2005.51.00 Beans, shelled  12     50  
2008.97.10 Of fruits detailed in rule 2 of additional rules for chapter 20  8     50  
2008.99.19 Other  8     50  
2009.50.20 In packages containing 100 kg or more  20   190   Annual volume of TRQ is shared with tariff item 2009.50.80
2009.50.80 Other  30   190   Annual volume of TRQ is shared with tariff item 2009.50.20
2106.90.94 Preparations containing pollen  40     25
2204.10.00 Malt extract sparkling wine  12, but not less than 3.75 NIS   60000 l   Annual volume of TRQ is shared with tariff items 2204.10.00, 2204.21.00, and 2204.29.00 
Out-of-quota duty: 12%
2204.21.00 In containers holding 2 l or less  12, but not less than 5.28 NIS 1.47 60000 l   Annual volume of TRQ is shared with tariff items 2204.10.00, 2204.21.00, and 2204.29.00 
Out-of-quota duty: 12% +  1.35 NIS/ l but no more than 50%
2204.29.00 Other  12, but not less than 5.28 NIS 1.47 60000 l   Annual volume of TRQ is shared with tariff items 2204.10.00, 2204.21.00, and 2204.29.00 
Out-of-quota duty: 12% +  1.35 NIS/ l but no more than 50%
2304.00.00 Oil cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya bean oil  7.5     62  
3502.90.00 Other  10   100 30  

ANNEX 2.3
REQUIREMENTS CONCERNING VERIFICATION OF REPAIRS OR ALTERATIONS

Upon re-importation into the territory of a Party of a good that has been exported to the territory of the other Party for repair or alteration, an importer must submit:

  1. an invoice or a written statement from the person who performed the repair or alteration, setting out a detailed description of and the value of the repair or alteration; and
  2. proof of exportation of the good to the territory of the other Party.

CHAPTER THREE
RULES OF ORIGIN

Article 3.1: General Requirements


  1. For the purposes of this Agreement, a good originates in a Party if, in the territory of one or both of the Parties, it:

    1. has been wholly obtained or produced as defined in Article 3.3;

    2. has been produced exclusively from originating materials; or

    3. has undergone sufficient production as defined in Article 3.4.

  2. Except as provided in Articles 3.2.2 and 3.2.3, the conditions for acquiring originating status set out in this Chapter must be fulfilled without interruption in the territory of one or both of the Parties.

Article 3.2: Cumulation

  1. For the purposes of determining the originating status of a good:

    1. a good that originates in the territory of one or both of the Parties is considered as originating in the territory of either Party;

    2. an exporter may take into account production carried out on a non-originating material in the other Party.

  2. Subject to paragraph 3, if each Party has a free trade agreement that establishes or leads to the establishment of a free trade area with the same non-Party, the territory of that non-Party shall be deemed to form part of the territory of the free trade area established by this Agreement for the purposes of determining whether a good is originating under this Agreement.

  3. A Party shall give effect to paragraph 2 upon agreement by the Parties on the applicable conditions.

Article 3.3: Wholly Obtained or Produced Goods

For the purposes of Article 3.1, the following goods shall be considered as wholly obtained or produced entirely in the territory of one or both of the Parties:

  1. a mineral or other non-living natural resource good extracted or taken from the territory of one or both of the Parties;

  2. a vegetable, a plant or other good harvested or gathered in the territory of one or both of the Parties;

  3. a live animal born and raised in the territory of one or both of the Parties;

  4. a good obtained from a live animal in the territory of one or both of the Parties;

  5. a good obtained from hunting, trapping, fishing or aquaculture conducted in the territory of one or both of the Parties;


  6. fish, shellfish or other marine life taken from the sea by a vessel registered, recorded or listed with a Party and flying its flag;

  7. a good produced on board a factory vessel from a good referred to in subparagraph (f), provided such a factory vessel is registered, recorded or listed with that Party and flying its flag;

  8. a good, other than fish, shellfish or other marine life, taken by a Party or a person of a Party from the seabed or beneath the seabed beyond territorial waters, provided that the Party or person of the Party has rights to exploit that seabed;

  9. a good taken from outer space, provided that the good is obtained by a Party or a person of a Party and does not undergo production outside the territory of either Party;

  10. waste and scrap derived from:

    1. production in the territory of one or both of the Parties, or

    2. a used good collected in the territory of one or both of the Parties, provided such a good is fit only for the recovery of raw material;
  11. a recovered material collected for use in the production of a remanufactured good in the territory of one or both of the Parties; and

  12. a good produced in the territory of one or both of the Parties exclusively from goods referred to in subparagraphs (a) through (k), or from their derivatives, at any stage of production.

Article 3.4: Sufficient Production

  1. Subject to Article 3.6, for the purposes of Article 3.1, a good that is not wholly obtained or produced exclusively from originating materials is considered to have undergone sufficient production when the conditions set out in Annex 3.4 are fulfilled.

  2. 2. Except for a good of Chapters 61 through 63 of the Harmonized System, a good that does not satisfy the requirements of Annex 3.4 because both the good and the non-originating materials provided for as parts under the Harmonized System that are used in its production are classified in the same subheading, or heading that is not further subdivided into subheadings, is considered to have undergone sufficient production, provided that:

    1. it is produced entirely in the territory of one or both of the Parties;

    2. the value of the non-originating materials provided for as parts classified in that subheading, or heading that is not further subdivided into subheadings, does not exceed 65 percent of the transaction value of the good; and

    3. the good satisfies all other applicable requirements of this Chapter.

  3. 3. If a non-originating material undergoes sufficient production, the resulting good is considered as originating and no account shall be taken of the non-originating material contained therein when that good is used in the subsequent production of another good.

Article 3.5: De Minimis Rule for Originating Goods

  1. Notwithstanding Article 3.4.1, and except as provided in paragraph 2, a good originates in the territory of a Party if the value of the non-originating materials used in its production that do not undergo an applicable change in tariff classification, as set out in the rule for the good in Annex 3.4, is not more than 10 percent of the transaction value of the good, provided that the good satisfies all other applicable requirements of this Chapter.

  2. Paragraph 1 does not apply to a non-originating material provided for in Chapters 50 through 63 of the Harmonized System that is used in the production of a good provided for in Chapters 50 through 63 of the Harmonized System.

Article 3.6: Minor Processing Operations

The following operations are considered minor processing and are insufficient to confer the status of an originating good, whether or not the requirements of Article 3.4 are satisfied:

  1. mere dilution with water or any other substance that does not materially alter the characteristics of the good;

  2. cleaning, including removal of rust, grease, paint or any other coating;

  3. applying any preservative or decorative coating, including any lubricant, protective encapsulation, preservative or decorative paint, or metallic coating;

  4. trimming, filing or cutting off small amounts of excess material;

  5. packing, repacking, labelling or relabeling of the good for transport, storage or sale; and

  6. repairs or alterations, washing, laundering or sterilising.

Article 3.7: Fungible Goods and Materials

  1. For purposes of determining whether a good is an originating good:

    1. if originating materials and non-originating materials that are fungible materials are used in the production of the good, the determination of whether the materials are originating materials may, at the choice of the producer of the good, be made in accordance with an inventory management method recognised in, or otherwise accepted by, the Generally Accepted Accounting Principles of the Party in which the production takes place; and

    2. if originating goods and non-originating goods that are fungible goods are physically combined or mixed in inventory in the territory of a Party and exported in the same form to the other Party, the determination of whether the good is an originating good may, at the choice of the exporter of the good, be made in accordance with an inventory management method recognised in, or otherwise accepted by, the Generally Accepted Accounting Principles of the Party from which the good is exported.

  2. The inventory management method must be able to ensure that the number of goods that are considered as originating is the same as that which would have been the case if the fungible materials or fungible goods had been physically segregated.

Article 3.8: Neutral Elements

In order to determine whether a good is originating, it shall not be necessary to determine the origin of the following:

  1. fuel and energy;

  2. tools, dies and moulds;

  3. spare parts and materials used in the maintenance of equipment and buildings;

  4. lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings;

  5. gloves, glasses, footwear, clothing, safety equipment and supplies;

  6. equipment, devices and supplies used for testing or inspecting other goods;

  7. catalysts and solvents; and

  8. any other goods that are not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be part of that production.

Article 3.9: Unit of Qualification

For the purposes of this Chapter:

  1. the tariff classification of a particular good or material shall be determined according to the Harmonized System;

  2. if a good composed of a group or assembly of articles or components is classified pursuant to the terms of the Harmonized System under a single tariff provision, the whole shall constitute the particular good; and

  3. if a shipment consists of a number of identical goods classified under the same tariff provision of the Harmonized System, each good shall be considered separately.

Article 3.10: Accessories, Spare Parts and Tools, Packaging and Packing Materials and Containers

For the purposes of determining whether a good is an originating good, the following materials shall be deemed to be originating materials without regard to where the materials are produced:

  1. accessories, spare parts or tools delivered with the good that form part of the good's standard accessories, spare parts or tools, provided that the accessories, spare parts or tools are not invoiced separately from the good and the quantities and value of the accessories, spare parts or tools are customary for the good;

  2. packaging materials and containers in which the good is packaged for retail sale, provided that the packaging materials and containers are classified under the Harmonized System with the good that is packaged within; and

  3. packing materials and containers in which the good is packed for shipment.

Article 3.11: Returned Originating Goods

  1. If an originating good exported from Israel or from Canada to a non-Party is returned to the exporting Party, it shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

    1. the returning good is the same as that exported; and

    2. it has not undergone any operation beyond that necessary to preserve it in good condition while in that non-Party or while being exported.

  2. The Parties shall, no later than five years after the date of entry into force of this Agreement, explore whether and under what conditions an originating good that undergoes further production in the territory of a non-Party and is returned to the territory of a Party may retain its originating status.

Article 3.12: Direct Shipment and Shipment Through a Non-Party

  1. Except as provided in paragraph 2, an originating good that is exported from the territory of a Party shall maintain its originating status only if:

    1. the good is shipped directly from the territory of one Party to the territory of the other Party;

    2. the good is shipped through the territory of a non-Party, provided that

      1. the good does not undergo further production or any other operation in the territory of that non-Party, other than unloading, splitting up of loads, reloading or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party, and

      2. the good remains under customs control in the territory of any non-Party through which the good is transported to the territory of a Party; or

    3. subject to Article 5.12.4 (Working Group on Rules of Origin and Other Customs-Related Market Access Issues) and except for a good listed in Chapters 50 through 63, the good is shipped through the territory of a non-Party with which each Party has entered separately into a free trade agreement as specified in Annex 3.12, and:

      1. does not undergo further production other than minor processing in the territory of that non-Party, or

      2. production that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by more than 10 percent.

    4. Subject to Article 5.12.5 (Working Group on Rules of Origin and Other Customs-Related Market Access Issues), the Parties may decide to identify an originating good that, if shipped through the territory of a non-Party specified in Annex 3.12, may undergo more than minor processing in the territory of that non-Party if the good meets conditions determined by the Partiesregarding the production of that good in the territory of that non-Party.

Article 3.13: Non-Party Materials for Originating Goods

If each Party has entered separately into a free trade agreement under Article XXIV of the GATT 1994 with the same non-Party 1 before 1 January 1997, a good which, if imported into the territory of one of the Parties under such free trade agreement with that non-Party, would qualify for tariff preferences under the agreement, is considered to be an originating good under this Chapter when imported into the territory of the other Party and used as a material in the production of another good in the territory of that other Party.

Article 3.14: Definitions

For the purposes of this Chapter:

alteration means a modification, other than a repair, that does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good;

aquaculture means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from originating or non-originating seedstock such as eggs, fry, fingerlings and larvae, by intervening in the rearing or growth processes to enhance production;

fungible goods or materials means goods or materials that are interchangeable for commercial purposes with other goods or materials, as the case may be, and the properties of which are essentially identical;

Generally Accepted Accounting Principles means the principles used in the territory of each Party with regard to the recording of income, costs, expenses, assets and liabilities involved in the disclosure of information and preparation of financial statements; these principles may be broad guidelines of general application, as well as those standards, practices and procedures usually employed in accounting;

good means the result of production, including any material used in the production of another good;

material means any ingredient, raw material, component, part, or other good that is used in the production of a good;

non-originating good or material means a good or material that does not qualify as a originating under this Chapter;

producer means a person who carries out any kind of manufacturing or processing, including such operations as growing, mining, raising, harvesting, fishing, trapping, hunting, assembling or disassembling a good;

production means any kind of manufacturing or processing, including such operations as growing, mining, raising, harvesting, fishing, trapping, hunting, assembling or disassembling a good;

recovered material means a material that is the result of the disassembly of a used good fit only for such recovery;

remanufactured good means a good that:

  1. is entirely or partially comprised of recovered material that has undergone processing, cleaning, inspecting or other processes for improvement to working condition; and

  2. performs the same as or similar to a like new good;

repair means the adjustment of a machine, instrument, electrical device or other article, including replacing or refitting parts to restore the article to its original operating condition;

transaction value of the good means the price paid or payable to the producer of the good at the place where the last production was carried out, and shall include the value of all materials, whether such materials are sourced directly or indirectly. If there is no price paid or payable or if the price paid or payable does not include the value of all materials, the transaction value of the good:

  1. shall include the value of all materials and the cost of production employed in producing the good, calculated in accordance with Generally Accepted Accounting Principles; and

  2. may include amounts for general expenses and profit to the producer that can be reasonably allocated to the good.

Any internal taxes which are, or may be, repaid when the good obtained is exported shall be excluded. If the transaction value of the good includes costs incurred subsequent to the good leaving the place of production, such as costs for transportation, loading, unloading, handling or insurance, those costs shall  be excluded; and

value of non-originating material means the customs value of the material at the time of its importation into the territory of a Party, as determined in accordance with the Customs Valuation Agreement. The value of the non-originating material shall include any costs incurred in transporting the material to the place of importation, such as transportation, loading, unloading, handling or insurance. If the customs value is not known or cannot be ascertained, the value of the non-originating material shall be the first ascertainable price paid for the material in Canada or in Israel.

ANNEX 3.4
PRODUCT SPECIFIC RULES OF ORIGIN

Section A – General Interpretative Notes


  1. For the purposes of interpreting the rules of origin set out in this Annex:

    1. the specific rule of origin, or specific set of rules of origin, that applies to a particular heading, subheading or group of headings or subheadings is set out immediately adjacent to that heading, subheading or group of headings or subheadings;

    2. a requirement of a change in tariff classification or any other condition set out in a specific rule of origin applies only to non-originating materials;

    3. the expression “a change from any other heading” or “a change from any other subheading” means a change from any other heading (or subheading) of the Harmonized System, including, where applicable, any other heading (or subheading) within the group of headings (or subheadings) to which the rule of origin is applicable;

    4. the expression “a change from any heading outside this group” or “a change from any subheading outside this group” means a change from any other heading (or subheading) of the Harmonized System, except from any other heading (or subheading) within the group of headings (or subheadings) to which the rule is applicable;

    5. the expressions “a change from within this heading”, “a change from within this subheading”, “a change from within any one of these headings”, and “a change from within any one of these subheadings” mean a change from any other good or material of that same heading or subheading of the Harmonized System;

    6. the expression “no change in tariff classification required” means that production may include any material, including material classified in the same subheading as the final good, material classified in any other subheading within the same heading as the final good, or material classified in any other heading or chapter;

    7. the expression “provided that the value of the non-originating materials of [tariff provision] does not exceed [x] percent of the transaction value of the good” means that only the value of the non-originating materials of the tariff provision specified in the rule of origin is considered when calculating the value of non-originating materials. The percentage for the maximum value of non-originating materials specified in the rule of origin may not be exceeded through the use of Article 3.5 (De Minimis Rule for Originating Goods);

    8. the expression “provided that the value of the non-originating materials classified in the same [tariff provision] as the final good does not exceed [x] percent of the transaction value of the good” means that only the value of the non-originating materials classified in the same [tariff provision] as the final good, as specified in the rule of origin, is considered when calculating the value of non-originating material. The percentage for the maximum value of non-originating materials specified in the rule of origin may not be exceeded through the use of Article 3.5 (De Minimis Rule for Originating Goods); and

    9. the expression “provided that the value of the non-originating materials does not exceed [x] percent of the transaction value of the good” means that all non-originating materials are considered when calculating the value of non-originating materials. The percentage for the maximum value of non-originating materials specified in the rule of origin may not be exceeded through the use of Article 3.5 (De Minimis Rule for Originating Goods).

  2. A product specific rule of origin set out in this Annex represents the minimum amount of production required to be carried out on non-originating materials for the resulting good to achieve originating status. A greater amount of production than that required by the rule of origin for that good shall also confer originating status.

  3. The product specific rules of origin set out in this Annex also apply to used goods.

  4. For the purposes of this Annex:

  5. chapter means a chapter of the Harmonized System;

    heading means any four-digit number, or the first four digits of any number, used in the Harmonized System;

    section means a section of the Harmonized System;

    subheading means any six-digit number, or the first six digits of any number, used in the Harmonized System; and

    tariff provision means a chapter, heading or subheading of the Harmonized System.

Section B – Product Specific Rules of Origin

HS2012

Section I

Live Animals; Animal Products

Chapter 1

Live animals

01.01 – 01.06

A change from any other chapter.

Chapter 2

Meat and edible meat offal

02.01 – 02.10

A change from any other chapter.

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

03.01 – 03.08

A change from any other subheading.

Chapter 4

Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included

04.01 – 04.06

A change from any other chapter, except from dairy preparations of subheading 1901.90, containing more than 50 percent by weight of milk solids.

04.07 – 04.10

A change from any other chapter.

Chapter 5

Products of animal origin, not elsewhere specified or included

05.01 – 05.11

A change from any other subheading.

Section II

Vegetable Products

Note:

Agricultural and horticultural goods grown in the territory of a Party shall be treated as originating in the territory of that Party even if grown from seed, bulbs, rootstock, cuttings, slips, grafts, shoots, buds or other live parts of plants imported from a non-Party.

Chapter 6

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

06.01 – 06.04

A change from any other subheading.

Chapter 7

Edible vegetables and certain roots and tubers 

07.01 – 07.09

A change from any other chapter.

0710.10 – 0710.80

A change from any other chapter.

0710.90

A change from any other chapter; or

A change from any other subheading, provided that the value of the non-originating materials of chapter 7 does not exceed 45 percent of the transaction value of the good.

07.11

A change from any other chapter.

0712.20 – 0712.39

A change from any other chapter.

0712.90

A change to mixtures of vegetables from any other chapter; or

A change to mixtures of vegetables from single vegetables of this subheading or any other subheading, provided that the value of the non-originating materials of chapter 7 does not exceed 45 percent of the transaction value of the good; or

A change to any other good from any other heading.

07.13 – 07.14

A change from any other chapter.

Chapter 8

Edible fruit and nuts; peel of citrus fruit or melons

08.01 – 08.12

A change from any other chapter.

0813.10 – 0813.40

A change from any other chapter.

0813.50

A change from any other chapter; or

A change from any other subheading, provided that the value of the non-originating materials of chapter 8 does not exceed 45 percent of the transaction value of the good.

08.14

A change from any other heading.

Chapter 9

Coffee, tea, maté and spices 

0901.11 – 0910.99

A change from within any one of these subheadings or any other subheading.

Chapter 10

Cereals

10.01 – 10.08

A change from any other chapter.

Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten

11.01 – 11.09

A change from any other chapter.

Chapter 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

12.01 – 12.10

A change from any other heading.

12.11

A change from within this heading or any other heading.

12.12 – 12.14

A change from any other heading.

Chapter 13

Lac; gums, resins and other vegetable saps and extracts

13.01 – 13.02

A change from any other heading.

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or included

14.01 – 14.04

A change from any other heading.

Section III

Animal or Vegetable Fats and Oils and their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes

Chapter 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

15.01 – 15.22

A change from any other chapter.

Section IV

Prepared Foodstuffs; Beverages, Spirits and Vinegar; Tobacco and Manufactured Tobacco Substitutes

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

16.01 – 16.05

A change from any other chapter.

Chapter 17

Sugars and sugar confectionery

1701.12 – 1701.14

A change from any other chapter.

1701.91 – 1701.99

A change from any subheading outside this group.

1702.11 – 1702.20

A change from any other chapter.

1702.30

A change from any other heading.

1702.40

A change from any other chapter.

1702.50

A change from any other heading.

1702.60 – 1702.90

A change from any other chapter.

17.03 – 17.04

A change from any other heading.

Chapter 18

Cocoa and cocoa preparations

18.01 – 18.06

A change from any other subheading.

Chapter 19

Preparations of cereals, flour, starch or milk; pastrycooks’ products

1901.10

A change from any other heading.

1901.20

A change to mixes and doughs containing more than 25 percent by weight of butterfat, not put up for retail sale, from any other heading, except from heading 04.01 through 04.06; or

A change to any other good from any other heading.

1901.90

A change to dairy preparations containing more than 50 percent by weight of milk solids from any other heading, except from heading 04.01 through 04.06; or

A change to any other good from any other heading.

19.02 – 19.05

A change from any other heading.

Chapter 20

Preparations of vegetables, fruit, nuts or other parts of plants

20.01 – 20.08

A change from any other heading.

2009.11 – 2009.89

A change from any other heading.

2009.90

A change from any other heading; or

A change from any other subheading, provided that the value of the non-originating materials of heading 20.09 does not exceed 45 percent of the transaction value of the good.

Chapter 21

Miscellaneous edible preparations

2101.11 – 2103.90

A change from any other subheading.

21.04

A change from any other heading.

21.05

A change from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids.

21.06

A change to preparations containing more than 50 percent by weight of milk solids from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids; or

A change to any other good from any other heading.

Chapter 22

Beverages, spirits and vinegar

22.01

A change from any other heading.

2202.10

A change from any other heading.

2202.90

A change to beverages containing milk from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids; or

A change to any other good from any other subheading.

22.03 – 22.06

A change from any other heading.

22.07 – 22.08

A change from any other heading, except from heading 22.03 through 22.08.

22.09

A change from any other heading.

Chapter 23

Residues and waste from the food industries; prepared animal fodder

23.01 – 23.08

A change from any other heading.

2309.10

A change from any other subheading, except from dog or cat food of subheading 2309.90.

2309.90

A change to preparations used in animal feeding containing more than 50 percent by weight of milk solids from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids; or

A change to any other good from any other heading.

Chapter 24

Tobacco and manufactured tobacco substitutes

24.01 – 24.03

A change from any other heading.

Section V

Mineral Products

Chapter 25

Salt; sulphur; earths and stone; plastering materials, lime and cement

25.01 – 25.30

A change from any other subheading.

Chapter 26

Ores, slag and ash

26.01 – 26.21

A change from any other subheading.

Chapter 27

Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

2701.11 – 2716.00

A change from within any one of these subheadings or any other subheading.

Section VI

Products of the Chemical or Allied Industries

Chapter 28

Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

2801.10 – 2853.00

A change from within any one of these subheadings or any other subheading.

Chapter 29

Organic chemicals

2901.10 – 2942.00

A change from within any one of these subheadings or any other subheading.

Chapter 30

Pharmaceutical products

3001.20 – 3006.92

A change from within any one of these subheadings or any other subheading.

Chapter 31

Fertilisers

3101.10 – 3105.90

A change from within any one of these subheadings or any other subheading.

Chapter 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

3201.10 – 3215.90

A change from within any one of these subheadings or any other subheading.

Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

33.01 – 33.07

A change from any other heading.

Chapter 34

Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster

34.01 – 34.07

A change from any other subheading.

Chapter 35

Albuminoidal substances; modified starches; glues; enzymes

35.01

A change from any other subheading.

3502.11 – 3502.19

A change from any subheading outside this group.

3502.20 – 3502.90

A change from any other subheading.

35.03 – 35.07

A change from any other subheading.

Chapter 36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

36.01 – 36.06

A change from any other heading.

Chapter 37

Photographic or cinematographic goods

37.01 – 37.07

A change from any other heading.

Chapter 38

Miscellaneous chemical products

38.01 – 38.26

A change from any other subheading.

Section VII

Plastics and Articles Thereof; Rubber and Articles Thereof

Chapter 39

Plastics and articles thereof

39.01 – 39.14

A change from any other subheading.

39.15 – 39.26

A change from any other heading.

Chapter 40

Rubber and articles thereof

40.01 – 40.17

A change from any other subheading.

Section VIII

Raw Hides and Skins, Leather, Furskins and Articles Thereof; Saddlery and Harness; Travel Goods, Handbags and Similar Containers; Article of Animal Gut (Other Than Silk – worm Gut)

Chapter 41

Raw hides and skins (other than furskins) and leather

41.01 – 41.15

A change from any other subheading.

Chapter 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk – worm gut)

42.01 – 42.06

A change from any other heading.

Chapter 43

Furskins and artificial fur; manufactures thereof

43.01 – 43.04

A change from any other heading.

Section IX

Wood and Articles of Wood; Wood Charcoal; Cork and Articles of Cork; Manufactures of Straw, of Esparto or of Other Plaiting Materials; Basketware and Wickerwork

Chapter 44

Wood and articles of wood; wood charcoal

44.01 – 44.21

A change from any other heading.

Chapter 45

Cork and articles of cork

45.01 – 45.04

A change from any other subheading.

Chapter 46

Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

46.01 – 46.02

A change from any other heading.

Section X

Pulp of Wood or of Other Fibrous Cellulosic Material; Recovered (Waste and Scrap) Paper or Paperboard; Paper and Paperboard and Articles Thereof

Chapter 47

Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

47.01 – 47.07

A change from any other subheading.

Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard

48.01 – 48.23

A change from any other heading.

Chapter 49

Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

49.01 – 49.11

A change from any other heading.

Section XI

Textile and Textile Articles

Chapter 50

Silk

50.01 – 50.03

A change from any other chapter.

50.04 – 50.06

A change from any heading outside this group.

50.07

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of  the Parties.

Chapter 51

Wool, fine or coarse animal hair; horsehair yarn and woven fabric

51.01 – 51.05

A change from any other chapter.

51.06 – 51.10

A change from any heading outside this group.

51.11 – 51.13

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both  of the Parties.

Chapter 52

Cotton

52.01 – 52.03

A change from any other chapter.

52.04 – 52.06

A change from any other heading.

52.07

A change from any other heading, except from heading 52.04 through 52.06.

52.08 – 52.12

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 53

Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn

53.01 – 53.05

A change from any other chapter.

53.06 – 53.08

A change from any other heading.

53.09 – 53.11

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 54

Man-made filaments; strip and the like of man-made textile materials

54.01 – 54.06

A change from any other heading.

54.07 – 54.08

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 55

Man-made staple fibres

55.01 – 55.07

A change from any other chapter.

55.08 – 55.11

A change from any other heading.

55.12 – 55.16

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 56

Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof

56.01 – 56.06

A change from any other heading.

56.07

A change to twine, cordage, ropes and cables, neither plaited or braided, nor covered or sheathed with rubber or plastics, from any other heading, except from yarn of heading 52.04 through 52.06, 54.01 through 54.05, or 55.09 through 55.10; or

A change to any other good from any other heading.

56.08

A change from any other heading.

56.09

A change from any other heading, except from yarn of heading 51.06 through 51.10, 52.04 through 52.06, 54.01 through 54.05, or 55.09 through 55.10.

Chapter 57

Carpets and other textile floor coverings

57.01 – 57.05

A change from any other chapter.

Chapter 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery

58.01 – 58.11

A change from any other heading.

Chapter 59

Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use

59.01 – 59.11

A change from any other heading.

Chapter 60

Knitted or crocheted fabrics

60.01 – 60.06

A change from any other heading;

A change to fabric impregnated, coated, covered or laminated with rubber, plastics, or other substances, from other fabric within that heading, provided that the impregnation, coating, covering or lamination accounts for at least 20 percent of the total weight of the fabric; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 61

Articles of apparel and clothing accessories, knitted or crocheted

Note:

For the purposes of this chapter:

substantial assembly means the sewing together or other assembly of:

(a) all the major garment parts of a good of this chapter; or

(b) six or more major or other garment parts of a good of this chapter.

major garment parts means integral components of the garment, but does not include such parts as collars, cuffs, waistbands, plackets, pockets, linings, paddings, accessories, or the like.

61.01 – 61.17

A change to garment parts from any other chapter, except from subheading 6307.90;

A change to any other good from any other chapter; or

A change to any other good from garment parts, whether or not there is also a change from any other chapter, provided that the change is the result of substantial assembly.

Chapter 62

Articles of apparel and clothing accessories, not knitted or crocheted

Note:

For the purposes of this chapter:

substantial assembly means the sewing together or other assembly of:

(a) all the major garment parts of a good of this chapter; or

(b) six or more major or other garment parts of a good of this chapter.

major garment parts means integral components of the garment, but does not include such parts as collars, cuffs, waistbands, plackets, pockets, linings, paddings, accessories, or the like.

62.01 – 62.17

A change to garment parts from any other chapter, except from subheading 6307.90;

A change to any other good from any other chapter; or

A change to any other good from garment parts, whether or not there is also a change from any other chapter, provided that the change is the result of substantial assembly.

Chapter 63

Other made up textile articles; sets; worn clothing and worn textile articles; rags

Note:

For the purposes of determining the origin of a good of this chapter, the rule applicable to that good shall apply only to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good.

63.01-63.05

A change from any other chapter, except from heading 51.11 through 51.13, 52.08 through 52.12, 53.10,   53.11, 54.07,  54.08, 55.12 through 55.16, 58.01,  58.02, 59.03, or 60.01 through 60.06;

A change from heading 51.11 through 51.13, 52.08 through 52.12, 53.10,  53.11, 54.07,  54.08, 55.12 through 55.16, 58.01,  58.02, 59.03, or 60.01 through 60.06, provided that the change involves printing or dyeing, accompanied by two or more of the following operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing or moireing;

A change to electric blankets of subheading 6301.10 from any other heading;

A change to pillow covers or pillow shams of heading 63.04 from any other heading;

A change to quilted goods from any other heading, provided that the change involves both the cutting of the top and bottom fabrics, and the assembly of the quilted goods; or

A change to any other good of these headings from any other heading, provided that the change involves at least cutting on all sides, hemming all cut edges, and a substantial amount of either sewing or other assembly operations.

63.06

A change from any other heading, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or both of the Parties.

6307.10

A change from any other heading, except from fabric of heading 51.11 through 51.13, 52.08 through 52.12, 53.10,  53.11, 54.07,  54.08, 55.12 through 55.16, 58.01 through 58.03, or 60.01 through 60.06.

6307.20

A change from any other heading.

6307.90

A change from any other heading, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or both of the Parties.

63.08

A change from any other heading, provided that either the fabric or the yarn meets the rule of origin that would be applicable if the fabric or yarn were classified alone.

63.09

A change from any other heading; or

No change in tariff classification required, provided that the goods were last collected and packed for shipment in the territory of a Party.

63.10

A change to new rags from any other chapter, provided that the change involves more than cutting and hemming processes;

A change to goods other than new rags from any other heading; or

No change in tariff classification required, provided that the goods other than new rags were last collected and packed for shipment in the territory of a Party.

Section XII

Footwear, Headgear, Umbrellas, Sun Umbrellas, Walking-Sticks, Seat-Sticks, Whips, Riding-Crops and Parts Thereof; Prepared Feathers and Articles Made Therewith; Artificial Flowers; Articles of Human Hair

Chapter 64

Footwear, gaiters and the like; parts of such articles

64.01 – 64.06

A change from any other heading.

Chapter 65

Headgear and parts thereof

65.01 – 65.07

A change from any other heading.

Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof

66.01 – 66.03

A change from any other heading.

Chapter 67

Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

67.01 – 67.04

A change from any other heading.

Section XIII

Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials; Ceramic Products; Glass and Glassware

Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials

68.01 – 68.15

A change from any other heading.

Chapter 69

Ceramic products

69.01 – 69.14

A change from any other heading.

Chapter 70

Glass and glassware

70.01 – 70.20

A change from any other subheading.

Section XIV

Natural or Cultured Pearls, Precious or Semi-Precious Stones, Precious Metals, Metals Clad with Precious Metal and Articles Thereof; Imitation Jewellery; Coin

Chapter 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewellery; coin

71.01 – 71.18

A change from any other subheading.

Section XV

Base Metals and Articles of Base Metal

Chapter 72

Iron and steel

72.01 – 72.07

A change from any other heading.

72.08 – 72.16

A change from any heading outside this group.

72.17 – 72.18

A change from any other heading.

72.19 – 72.20

A change from any heading outside this group.

72.21 – 72.22

A change from any heading outside this group.

72.23 – 72.24

A change from any other heading.

72.25 – 72.26

A change from any heading outside this group.

72.27 – 72.28

A change from any heading outside this group.

72.29

A change from any other heading.

Chapter 73

Articles of iron or steel

73.01 – 73.03

A change from any other heading.

73.04

A change from any other subheading.

73.05 – 73.14

A change from any other heading.

73.15

A change from any other subheading.

73.16 – 73.20

A change from any other heading.

73.21

A change from any other subheading.

73.22 – 73.23

A change from any other heading.

73.24

A change from any other subheading.

73.25-73.26

A change from any other heading.

Chapter 74

Copper and articles thereof

74.01 – 74.19

A change from any other heading.

Chapter 75

Nickel and articles thereof

75.01 – 75.08

A change from any other subheading.

Chapter 76

Aluminium and articles thereof

76.01 – 76.16

A change from any other subheading.

Chapter 78

Lead and articles thereof

7801.10 – 7806.00

A change from within any one of these subheadings or any other subheading.

Chapter 79

Zinc and articles thereof

7901.11 – 7907.00

A change from within any one of these subheadings or any other subheading.

Chapter 80

Tin and articles thereof

8001.10 – 8007.00

A change from within any one of these subheadings or any other subheading.

Chapter 81

Other base metals; cermets; articles thereof

8101.10 – 8113.00

A change from within any one of these subheadings or any other subheading.

Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal

8201.10 – 8215.99

A change from any other subheading.

Chapter 83

Miscellaneous articles of base metal

83.01 – 83.11

A change from any other subheading.

Section XVI

Machinery and Mechanical Appliances; Electrical Equipment; Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles

Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof

84.01 – 84.05

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8406.10 – 8406.82

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8406.90

A change from within this subheading or any other subheading.

84.07 – 84.08

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8409.10 – 8409.99

A change from within any one of these subheadings or any other subheading.

8410.11 – 8410.13

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8410.90

A change from within this subheading or any other subheading.

84.11 – 84.14

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8415.10 – 8415.83

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8415.90

A change from within this subheading or any other subheading.

84.16 – 84.17

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8418.10 – 8418.91

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8418.99

A change from within this subheading or any other subheading.

84.19 – 84.20

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8421.11 – 8421.39

 A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8421.91

A change from within this subheading or any other subheading.

8421.99

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8422.11 – 8422.40

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8422.90

A change from within this subheading or any other subheading.

84.23 – 84.49

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8450.11 – 8450.20

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8450.90

A change from within this subheading or any other subheading.

8451.10 – 8451.80

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8451.90

A change from within this subheading or any other subheading.

84.52 – 84.70

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8471.30 – 8471.70

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8471.80

A change from within this subheading or any other subheading.

8471.90

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

84.72

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8473.10 – 8473.50

A change from within any one of these subheadings or any other subheading.

84.74 – 84.87

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

Note:

Notwithstanding Article 3.12 (Direct Shipment and Shipment Through a Non-Party), a good provided for in any of subheadings 8541.10 through 8541.60 and 8542.31 through 8542.39 qualifying under the rules below applicable to those subheadings as an originating good may undergo further production outside the territory of both Parties and, when imported into the territory of a Party, will be considered as originating in the territory of that Party, provided that such further production did not result in a change to a subheading outside the group of subheadings 8541.10 through 8541.60 and 8542.31 through 8542.39.

85.01 – 85.03

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8504.10 – 8504.34

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8504.40 – 8504.90

A change from within any one of these subheadings or any other subheading.

85.05 – 85.15

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8516.10 – 8516.50

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8516.60

A change from within this subheading or any other subheading.

8516.71 – 8516.80

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8516.90

A change from within this subheading or any other subheading.

8517.11 – 8517.69

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8517.70

A change from within this subheading or any other subheading.

8518.10 – 8518.29

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8518.30

A change from within this subheading or any other subheading.

8518.40 – 8518.90

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

85.19 – 85.24

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8525.50 – 8525.60

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8525.80

A change from within this subheading or any other subheading.

85.26 – 85.27

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8528.41 – 8528.73

A change from within any one of these subheadings or any other subheading.

8529.10

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8529.90

A change from within this subheading or any other subheading.

85.30 – 85.39

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8540.11 – 8540.89

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8540.91 – 8540.99

A change from within any one of these subheadings or any other subheading.

85.41 – 85.48

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

Section XVII

Vehicles, Aircraft, Vessels and Associated Transport Equipment

Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds

86.01 – 86.06

A change from any other heading.

86.07 – 86.09

A change from any other subheading.

Chapter 87

Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof

87.01 – 87.02

A change from any other heading.

87.03 – 87.04

A change from any other heading, except from heading 87.06.

87.05 – 87.07

A change from any other heading.

87.08 – 87.09

A change from any other subheading.

87.10 – 87.15

A change from any other heading.

87.16

A change from any other subheading.

Chapter 88

Aircraft, spacecraft, and parts thereof

88.01 – 88.05

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 65 percent of the transaction value of the good.

Chapter 89

Ships, boats and floating structures

89.01 – 89.08

A change from any other heading.

Section XVIII

Optical, Photographic, Cinematographic, Measuring, Checking, Precision, Medical or Surgical Instruments and Apparatus; Clocks and Watches; Musical Instruments; Parts and Accessories Thereof

Chapter 90

Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof

90.01 – 90.33

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

Chapter 91

Clocks and watches and parts thereof

91.01 – 91.14

A change from any other subheading.

Chapter 92

Musical instruments; parts and accessories of such articles

92.01 – 92.09

A change from any other subheading.

Section XIX

Arms and Ammunitions; Parts and Accessories Thereof

Chapter 93

Arms and ammunition; parts and accessories thereof

93.01 – 93.07

A change from any other heading.

Section XX

Miscellaneous Manufactured Articles

Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

94.01 – 94.06

A change from any other subheading.

Chapter 95

Toys, games and sports requisites; parts and accessories thereof

9503.00 – 9508.90

A change from within any one of these subheadings or any other subheading.

Chapter 96

Miscellaneous manufactured articles

96.01 – 96.13

A change from any other subheading.

96.14

A change to pipes and pipe bowls from roughly shaped blocks of wood or root or any other subheading; or

A change to any other good from any other subheading.

96.15 – 96.19

A change from any other subheading.

Section XXI

Works of Art, Collectors’ Pieces and Antiques

Chapter 97

Works of art, collectors' pieces and antiques

97.01 – 97.06

A change from any other subheading.

ANNEX 3.12
SPECIFIED NON-PARTIES UNDER PARAGRAPHS 1(C)
AND 2 OF ARTICLE 3.12

  1. Paragraphs 1(c) and 2 of Article 3.12 shall only apply to the following non-Parties with which each Party has entered separately into a free trade agreement:
    1. the Member States of the European Free Trade Association;

    2. the Member States of the European Union2;

    3. the Hashemite Kingdom of Jordan;

    4. Mexico;

    5. the United States of America.

  2. Upon agreement by the Parties, the list of non-Parties in paragraph 1 may be revised to include other non-Parties with which each Party has entered separately into a free trade agreement.

CHAPTER FOUR
NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Section A – National Treatment

Article 4.1: National Treatment

  1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, which is incorporated into and made part of this Agreement.

  2. Paragraph 1 does not apply to the measures set out in Annex 4.1.

Section B – Non-Tariff Measures

Article 4.2: Import and Export Restrictions

  1. Except as otherwise provided in this Agreement, a Party shall not adopt or maintain any prohibition or restriction on the importation of any good of the other Party, or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994, which is incorporated into and made a part of this Agreement.

  2. The Parties reaffirm that the GATT 1994 rights and obligations incorporated into and made part of this Agreement by paragraph 1 prohibit export price requirements in any circumstances in which any other form of restriction is prohibited and import price requirements except as permitted in enforcement of countervailing and antidumping orders and undertakings,.

  3. If a Party adopts or maintains a prohibition or restriction on the importation from, or exportation to, a non-Party of a good, this Agreement does not prevent that Party from:

    1. limiting or prohibiting the importation from the territory of the other Party of a good of that non-Party; or

    2. requiring, as a condition of export of a good of that Party to the territory of the other Party, that the good not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other Party.

  4. If  a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, on request of the other Party, the Parties shall consult with a view to avoiding undue interference with, or distortion of, pricing, marketing, and distribution arrangements in the other Party.

  5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 4.1.

Article 4.3: Customs User Fees and Similar Charges

  1. A Party shall not adopt or maintain a fee or charge on, or in connection with, the importation of a good of the other Party, except in accordance with Article VIII of the GATT 1994, which is incorporated into this Agreement.

  2. Paragraph 1 does not prevent a Party from imposing a customs duty or a charge set out in subparagraphs (a) or (b) of the definition of “customs duty” in Article 2.4 (Definitions).

Article 4.4: Distilled Spirits

A Party shall not adopt or maintain a measure requiring that distilled spirits imported from the territory of the other Party for bottling be blended with distilled spirits of the Party.

Article 4.5: Customs Valuation

The Customs Valuation Agreement governs the customs valuation rules applied by the Parties to their bilateral trade.

Article 4.6: Global Emergency Actions

  1. The Parties retain their rights and obligations under Article XIX of the GATT 1994 or any safeguard agreement pursuant thereto, except those regarding compensation or retaliation and exclusion from an emergency action to the extent that these rights or obligations are inconsistent with this Article. A Party taking emergency action under Article XIX of the GATT 1994 or any  safeguard agreement pursuant thereto shall exclude from the action imports of a good from the other Party unless:

    1. imports from the other Party account for a substantial share of total imports; and
    2. imports from the other Party, contribute importantly to the serious injury, or threat thereof, caused by imports.

  2. In determining whether:

    1. imports from the other Party account for a substantial share of total imports, those imports normally shall not be considered to account for a substantial share of total imports if the other Party is not among the top five suppliers of the good subject to the proceeding, measured in terms of import share during the most recent three-year period; and

    2. imports from the other Party contribute importantly to the serious injury, or threat thereof, the competent investigating authority shall consider such factors as the change in the import share of the other Party, and the level and change in the level of imports from the other Party. In this regard, imports from the other Party normally shall not be deemed to contribute importantly to a serious injury or threat thereof, if the growth rate of imports from the other Party during the period in which the injurious surge in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.

  3. A Party taking an emergency action excluding a good from the other Party pursuant to paragraph 1, shall have the right to include that good subsequently in that action in the event that the competent investigating authority determines that a surge in imports of that good from the other Party undermines the effectiveness of the action.

  4. A Party shall, without delay, deliver to the other Party a written notice of the institution of a proceeding that may result in an emergency action pursuant to paragraph 1 or 3.

  5. A Party shall not impose restrictions on a good in an emergency action pursuant to paragraph 1 or 3:

    1. without delivery of prior written notice to the Commission, and without adequate opportunity for consultation with the other Party against whose good the action is proposed to be taken, as far in advance of taking the action as practicable; and

    2. that would have the effect of reducing imports of the good from the other Party below the trend of imports of the good from that other Party over a recent representative base period with allowance for reasonable growth.

  6. A Party taking an emergency action pursuant to paragraph 1 or 3 may provide to the Party against whose good the action is taken a mutually agreed trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the action. If the Parties are unable to agree on compensation, the Party against whose good the action is taken may take action having trade effects substantially equivalent to the action taken pursuant to paragraph 1 or 3.

Article 4.7: Export Taxes

  1. A Party shall not adopt or maintain a duty, tax or other charge on the export of any good to the territory of the other Party, unless the duty, tax or other charge is adopted or maintained on the good when destined for domestic consumption.

  2. Paragraph 1 does not apply to the measures set out in Annex 4.1.

Section C – Committee on Trade in Goods

Article 4.8: Committee on Trade in Goods

  1. The Parties hereby establish a Committee on Trade in Goods (“Committee”) composed of relevant representatives of each Party.

  2. The Committee shall meet at the request of a Party or the Commission to consider any matter arising under this Chapter, Chapter Two (Tariff Elimination and Related Matters), and any matter referred to the Committee pursuant to paragraph 4 of Article 8.8 (Contact Points and Committee on Trade in Goods) of Chapter Eight (Technical Barriers to Trade) or Article 7.8 (Oversight Body) of Chapter Seven (Sanitary and Phytosanitary Measures).

  3. The Committee’s functions shall include1:

    1. promoting trade in goods between the Parties, including through consultations on accelerating tariff elimination under this Agreement and other issues as appropriate;

    2. promptly addressing matters that affect trade in goods between the Parties, including those related to the application of non-tariff measures, and referring such matters to the Commission for its consideration;

    3. recommending to the Commission a modification of or addition to the Chapters referred to in paragraph 2, or any other provision of this Agreement related to the Harmonized System; and

    4. considering any other matter referred to it by a Party relating to the implementation and administration by the Parties of any provision set out in the Chapters referred to in paragraph 2.

  4. The Parties hereby establish a Sub-Committee on Trade in Agricultural Goods composed of relevant representatives of each Party that:

    1. shall meet at the request of a Party as soon as possible for perishable goods and within 90 days for other agricultural goods;

    2. shall provide a forum for the Parties to discuss issues covered by this Agreement related to agricultural goods covered by this Agreement 2;

    3. shall refer to the Committee any matter under sub-paragraph (b) on which it has been unable to reach agreement; and

    4. shall report to the Committee for its consideration any agreement reached under this paragraph.

    For the purposes of this paragraph, “agricultural good” means a product listed in Annex 1 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement.

  5. At the request of a Party, the Parties shall convene a meeting of their relevant officials to address issues related to the movement of goods through a Party’s ports of entry.
  6. The Parties may decide to hold any of the meetings referred to in this Article in person or by using any means available.

ANNEX 4.1
EXCEPTIONS TO ARTICLES 4.1 (NATIONAL TREATMENT),
4.2 (IMPORT AND EXPORT RESTRICTIONS) AND 4.7 (EXPORT TAXES)

Section A – Canadian Measures

Articles 4.1 (National Treatment), 4.2 (Import and Export Restrictions) and 4.7 (Export Taxes) do not apply to:

  1. a measure, including that measure’s continuation, prompt renewal or amendment, in respect of the following:

    1. the export of logs of all species,

    2. the export of unprocessed fish pursuant to applicable provincial legislation,

    3. the importation of goods of the prohibited provisions of tariff lines 9897.00.00, 9898.00.00 and 9899.00.00 referred to in the Schedule of the Customs Tariff  (S.C. 1997, c. 36), as amended,

    4. Canadian excise duties on absolute alcohol, as listed under tariff item 2207.10.90 in Canada’s Schedule of Concessions annexed to the Marrakesh Protocol to the GATT 1994 (Schedule V), used in manufacturing under the provisions of the  Excise Act, 2001, 2002, c. 22, as amended,

    5. the use of ships in the coasting trade of Canada, or

    6. the internal sale and distribution of wine and distilled spirits; and

  2. an action authorised by the Dispute Settlement Body of the WTO in a dispute between the Parties under the WTO Agreement.

Section B - Israeli Measures

Articles 4.1 (National Treatment), 4.2 (Import and Export Restrictions) and 4.7 (Export Taxes) do not apply to:

  1. (a) a measure, including that measure’s continuation, prompt renewal or amendment, in respect of the following:
    1. controls and charges maintained by Israel on the export of metal waste and scrap; or

    2. subject to Israeli law, imports of non-kosher meat; and

  2. an action authorized by the Dispute Settlement Body of the WTO in a dispute between the Parties under the WTO Agreement.

CHAPTER FIVE
CUSTOMS PROCEDURES

Section A – Certification of Origin

Article 5.1: Certificate of Origin


  1. Each Party may require that a Certificate of Origin for a good imported into its territory be completed at the option of the exporter in an official language of either Party.

  2. Each Party shall:


    1. require that, for a Certificate of Origin to be considered valid by the Party into whose territory a good is imported with respect to which a claim for preferential tariff treatment is made, the Certificate of Origin be completed and signed by the exporter of that good in the territory of the Party from which the good is exported; and

    2. provide that, where an exporter in its territory is not the producer of the good, the exporter may complete and sign a Certificate of Origin on the basis of:

      1. its knowledge of whether the good qualifies as an originating good, or

      2. its reasonable reliance on the producer’s written representation that the good qualifies as an originating good.

  3. Each Party shall provide that a Certificate of Origin that has been completed and signed by an exporter in the territory of the other Party may, at the option of that exporter, be applicable to:
    1. a single importation of a good into the Party’s territory; or

    2. multiple importations of identical goods into the Party’s territory that occur within a specified period, not exceeding 12 months, set out therein by the exporter.

Article 5.2: Obligations Regarding Importations

  1. Except as otherwise provided in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of the other Party to:

    1. make a written declaration, based on a valid Certificate of Origin, that the good qualifies as an originating good;

    2. have the Certificate of Origin in its possession at the time the declaration is made;

    3. provide, at the request of that Party’s customs administration:

      1. a copy of the Certificate of Origin,

      2. documentary evidence such as bills of lading or waybills that indicate the shipping route and all points of shipment and transhipment prior to the importation of the good into its territory, and

      3. when the good is shipped through or transhipped in the territory of a non-Party referred to in Article 3.12.1(b) (Direct Shipment and Shipment Through a Non-Party), a copy of the customs control documents that indicate, to the satisfaction of the customs administration, that the good remained under customs control while in the territory of  that non-Party; and

    4. promptly make a corrected declaration and pay any duties owing where the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct.

  2. Each Party shall provide that, where an importer in its territory claims preferential tariff treatment for a good imported into its territory from the territory of the other Party, the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter.

  3. Each Party shall provide that, where a good would have qualified as an originating good when it was imported into the territory of that Party but the importer of the good did not have a valid Certificate of Origin for the good at the time of its importation, the importer of the good may, within a period of not less than three months after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment, provided that the importer:

    1. if required by that Party, declared at the time of importation of the good that the good would qualify as an originating good; and

    2. presents:
      1. a written declaration that the good qualified as an originating good at the time of importation,

      2. a copy of the Certificate of Origin, and

      3. any other documentation relating to the importation of the good as that Party may require.

Article 5.3: Obligations Regarding Exportations

  1. Each Party shall provide that:

    1. at the request of its customs administration, an exporter in its territory shall provide a copy of the Certificate of Origin to that customs administration; and

    2. an exporter in its territory that has completed and signed a Certificate of Origin, and that has reason to believe that the Certificate of Origin contains information that is not correct, must promptly notify in writing all persons to whom the Certificate of Origin was given by the exporter of any change that could affect the accuracy or validity of the Certificate of Origin.

  2. Each Party:

    1. shall provide that a false certification by an exporter in its territory that a good to be exported to the territory of the other Party qualifies as an originating good shall have the same legal consequences, with appropriate modifications, as would apply to an importer in its territory for a contravention of its customs laws regarding the making of a false statement or representation; and

    2. may apply measures warranted by the circumstances if an exporter in its territory fails to comply with any requirement of this Chapter.

Article 5.4: Exceptions

Each Party shall provide that a Certificate of Origin shall not be required for:

  1. a commercial importation of a good whose value does not exceed Can$1,600 or its equivalent amount in New Israeli Shekels (NIS) or such higher amount as it may establish, except that it may require that the invoice accompanying the importation include a statement by the exporter of the good certifying that the good qualifies as an originating good; or

  2. an importation of a good for which the Party into whose territory the good is imported has waived the requirement for a Certificate of Origin;

provided that the importation does not form part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the certification requirements of this Chapter.

Section B – Administration and Enforcement

Article 5.5: Records

Each Party shall provide that:

  1. an exporter in its territory that completes and signs a Certificate of Origin must maintain in its territory, for five years after the date on which the Certificate of Origin was signed or for a longer period the Party may specify, all records relating to the origin of a good for which preferential tariff treatment was claimed in the territory of the other Party, including records associated with:

    1. the purchase of, cost of, value of, and payment for, the good that is exported from its territory,

    2. the sourcing of, purchase of, cost of, value of, and payment for, materials, including neutral elements, used in the production of the good that is exported from its territory, and

    3. the production of the good in the form in which the good is exported from its territory; and

  2. an importer claiming preferential tariff treatment for a good imported into the Party’s territory must maintain in that territory, for five years after the date of importation of the good or for a longer period the Party may specify, any documentation, including a copy of the Certificate of Origin, the Party may require relating to the importation of the good.

Article 5.6: Origin Verifications

  1. For the purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, a Party may, through its customs administration, conduct a verification of origin, subject to paragraph 2, by means of:
    1. written questionnaires to an exporter or a producer in the territory of the other Party for the purposes of obtaining the information on the basis of which a Certificate of Origin referred to in Article 5.1 was completed and signed;

    2. visits to the premises of an exporter or a producer in the territory of the other Party for the purposes of reviewing the records referred to in Article 5.5 and to observe the facilities used in the production of the good; or

    3. other procedures as the Parties may decide.

  2. Notwithstanding any other treaties, agreements or memorandums of understanding between the Parties as contemplated under Article 5.11.3, if, pursuant to paragraph 10, a Party notifies the other Party that the origin verification referred to in paragraph 1 is required to be conducted by its customs administration on behalf of the other Party, such verification shall be conducted, subject to the procedures, conditions and time frames set out in Annex 5.6, in accordance with the verification standards and framework established under Article 5.11.

  3. Prior to conducting a verification visit referred to in subparagraph 1(b), the customs administration of the Party proposing to conduct the visit or, if the circumstances contemplated under paragraph 2 exist, the customs administration of the Party acting on behalf of the other Party, as the case may be, shall deliver a written notification of the intention to conduct a visit at least 30 days in advance of the  date of the proposed visit to the exporter or producer whose premises are to be visited and obtain the written consent of that exporter or producer to such visit.

  4. The notification referred to in paragraph 3 must include:
    1. the identity of the customs administration issuing the notification and, where the circumstances referred to under paragraph 2 exist, the identity of the customs administration on whose behalf the notification is being sent;

    2. the name of the exporter or producer whose premises are to be visited;

    3. the date and place of the proposed verification visit;

    4. the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification;

    5. the names and titles of the officials performing the verification visit; and

    6. the legal authority for the verification visit.

  5. If an origin verification referred to under paragraph 1 is to be conducted by the customs administration of the Party into whose territory a good was imported, the customs administration of that Party shall:

    1. in the case of a written questionnaire, deliver a copy of the questionnaire; or

    2. in the case of a verification visit, not less than 30 days prior to conducting the visit, deliver a copy of the written notification referred to in paragraph 3;

    to the customs administration of the Party from whose territory the good was exported.


  6. If an exporter or producer does not respond to a written questionnaire or does not give its written consent to a proposed verification visit within 30 days of delivery to the exporter or producer of the questionnaire or of the notification referred to in paragraph 3, as the case may be, or fails to provide sufficient information in response to a questionnaire or denies access to the records referred to in Article 5.5 during the conduct of a visit, the Party into whose territory the good was imported may deny preferential tariff treatment to the good that was the subject of the origin verification.

  7. Each Party shall provide that, if its customs administration receives notification, pursuant  to paragraph 5, from the customs administration of the other Party or is contacted to conduct a verification visit on behalf of that other Party, pursuant to Annex 5.6, it may, within 15 days of receipt of the notification or from the date of contact, as the case may be, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt or contact, or for such longer period as the Parties may agree.

  8. Each Party shall provide that, if its customs administration conducts a verification visit pursuant to subparagraph 1(b) or if a verification visit is required to be conducted on its behalf by the customs administration of the Party from whose territory the goods were exported pursuant to paragraph 2, the exporter or producer whose goods are the subject of the verification visit may designate two observers to be present during the visit, provided that:

    1. the observers do not participate in a manner other than as observers; and

    2. the failure by the exporter or producer to designate observers does not result in the postponement of the verification visit.

  9. The customs administration of the Party into whose territory the good is imported, regardless of the manner in which, under either paragraph 1 or 2, a verification of origin is conducted, shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including the findings of fact and the legal basis on which the determination was made.

  10. Each Party shall, before 1 January 1997, notify the other Party as to whether an origin verification referred to under paragraph 1 is required to be conducted in its territory by:

    1. the customs administration of the other Party; or

    2. its customs administration on behalf of that other Party.

  11. Notwithstanding paragraph 10, either Party may, at any time after this Agreement enters into force, upon 60 days notice to the other Party, change the manner in which an origin verification is required to be conducted in its territory from subparagraph 10(a) to (b) or vice versa, as the case may be.

Article 5.7: Confidentiality


  1. Each Party shall maintain, in accordance with its law, the confidentiality of confidential business information collected pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.

  2. The confidential business information collected by a Party pursuant to this Chapter may only be disclosed in accordance with the Agreement on Mutual Assistance in Customs Matters.

Article 5.8: Advance Rulings


  1. Each Party shall, through its customs administration, provide for the issuance of written advance rulings, prior to the importation of a good into its territory, to an importer in its territory or an exporter or producer in the territory of the other Party, on the basis of the facts and circumstances presented by such importer, exporter or producer of the good, concerning whether the good qualifies as an originating good under the requirements of Chapter Three (Rules of Origin).

  2. Each Party shall provide that its customs administration:

    1. may, at any time during the course of an evaluation of an application for an advance ruling, request supplemental information from the person requesting the ruling; and

    2. shall, after it has obtained all necessary information from the person requesting an advance ruling, issue the ruling within 120 days.

  3. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory of the good for which the ruling was requested, beginning on the date of its issuance or a later date that may be specified in the ruling.

  4. The Party issuing an advance ruling may modify or revoke the ruling:

    1. if the ruling is based on an error

      1. of fact, or
      2. in the tariff classification of a good or a material that is the subject of the ruling;

    2. if there is a change in the material facts or circumstances on which the ruling is based;

    3. to conform with a modification of Chapter Three (Rules of Origin); or

    4. to conform with a judicial decision or a change in its laws.

Article 5.9: Penalties

Each Party shall maintain measures imposing criminal, civil or administrative penalties for violations of its laws and regulations relating to this Chapter.

Section C – Review and Appeal of Origin Determinations

Article 5.10: Review and Appeal

  1. Each Party shall grant substantially the same rights of review and appeal with respect to a decision relating to the origin of imported goods represented as meeting the requirements of Chapter Three (Rules of Origin) as are provided with respect to the tariff classification of imported goods.

  2. Each Party shall provide that the rights of review and appeal referred to in paragraph 1 include access to:

    1. at least one level of administrative review independent of the official or office responsible for the determination under review; and

    2. in accordance with its laws, judicial or quasi-judicial review of the determination or decision taken at the final level of administrative review.

Section D – Cooperation

Article 5.11: Cooperation

  1. In furtherance of their mutual interest in ensuring the effective administration of the certification process established under Articles 5.1 through 5.3, the Parties shall cooperate fully in the verification of origin certification and in the enforcement of their respective laws in accordance with this Agreement.

  2. Pursuant to paragraph 1, the Parties shall:

    1. cooperate in developing verification standards and a framework to ensure that both Parties act consistently in determining that goods imported into their respective territories meet the rules of origin set out in Chapter Three (Rules of Origin); and

    2. exchange information to assist each other in the tariff classification, valuation and determination of origin, for tariff preference and country of origin marking purposes, of imported and exported goods.

  3. In furtherance of their mutual interest in the prevention, investigation and repression of unlawful acts, the Parties shall cooperate fully in the enforcement of their respective customs laws in accordance with this Agreement and with other treaties, agreements and memorandums of understanding between them.

  4. Each Party shall, to the extent allowed by its law with respect to the confidentiality of information, notify the other Party of any determination, measure or ruling, including, to the greatest extent practicable, any that is prospective in application, that:

    1. establishes an administrative policy or principle that is likely to influence future determinations of origin; or

    2. changes the scope of an existing administrative policy, principle, precedential decision, regulation or rule of general application regarding determinations of origin.

Article 5.12: Working Group on Rules of Origin and Other Customs-Related Market Access Issues


  1. The Parties hereby establish a Working Group on Rules of Origin and Other Customs-Related Market Access Issues (“Working Group”), composed of representatives of each Party, to ensure the effective administration of Chapter Three (Rules of Origin) and this Chapter and any other customs-related provisions of this Agreement.

  2. The Working Group shall meet at the request of either Party.

  3. The Working Group shall:

    1. (a) monitor the administration by the Parties of Chapter Three (Rules of Origin) and this Chapter to ensure uniform interpretation;

    2. endeavour to agree, at the request of either Party, on any proposed modification of or addition to Annex 2.3 (Requirements Concerning Verification of Repairs and Alterations), Chapter Three (Rules of Origin) or this Chapter;

    3. propose to the Parties any modification of or addition to Chapter Three (Rules of Origin), this Chapter or any other provision of this Agreement as may be required to conform with any change to the Harmonized System;

    4. endeavour to decide on:

      1. the uniform interpretation, application and administration of Chapter Three (Rules of Origin) and this Chapter,

      2. tariff classification and valuation matters relating to determinations of origin,

      3. revisions to the Certificate of Origin,

      4. any other matter referred to it by either Party,

      5. any other customs-related matter arising under this Agreement; and

    5. consider any proposed customs-related administrative and operational change that may affect the flow of trade between the Parties.

  4. The Parties agree that Article 3.12.1(c) (Direct Shipment and Shipment Through a Non-Party) shall enter into effect only upon:

    1. the decision by the Parties on the method of verification by a customs administration that a good has undergone no further production other than minor processing in the territory of a non-Party referred to in Article 3.12.1(c) (Direct Shipment and Shipment Through a Non-Party) or that any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than 10 percent, based on the principles of Article 5.6;

    2. the establishment by the Parties of a Declaration of Minor Processing for the purpose of certifying that the good has undergone no further production other than minor processing in the territory of a non-Party referred to in Article 3.12.1(c) (Direct Shipment and Shipment Through a Non-Party) or that any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than 10 per cent; and

    3. the establishment by the Parties of an obligation regarding the completion of the Declaration of Minor Processing and the obligations regarding importations, exportations and record-keeping with regard to a good that undergoes minor processing or any processing that does not increase the transaction value of the good by greater than 10 per cent referred to Article 3.12.1(c) (Direct Shipment and Shipment Through a Non-Party), based on the principles set out in Articles 5.1 through 5.5.

  5. The Parties agree that Article 3.12.2 (Direct Shipment and Shipment Through a Non-Party) shall enter into effect only upon:

    1. the decision by the Parties on the method of verification by a customs administration that a good has undergone more than minor processing in the territory of a non-Party referred to in Article 3.12.2 (Direct Shipment and Shipment Through a Non-Party), based on the principles of Article 5.6;

    2. the establishment by the Parties of a Declaration of Major Processing for the purpose of certifying that the good has undergone more than minor processing in the territory of a non-Party referred to in Article 3.12.2 (Direct Shipment and Shipment Through a Non-Party); and

    3. the establishment by the Parties of an obligation regarding the completion of the Declaration of Major Processing and the obligations regarding importations, exportations and record-keeping with regard to a good that undergoes more than minor processing referred to Article 3.12.2 (Direct Shipment and Shipment Through a Non-Party), based on the principles set out in Articles 5.1 through 5.5.

  6. The Parties shall endeavour to reach a decision on the matters described in paragraph 4 before this Agreement enters into force.

  7. If a Party considers that a rule of origin for a good requires modification on the basis that the good undergoes significant production in its territory, it shall submit a proposed modification along with supporting rationale and studies to the other Party for that other Party’s consideration.

Article 5.13: Definitions

For the purposes of this Chapter:

good means “good” as defined in Article 3.14 (Definitions);

identical goods means goods that are the same in all respects, including physical characteristics, quality and reputation, irrespective of minor differences in appearance that are not relevant to a determination of origin of those goods under Chapter Three (Rules of Origin);

material means “material” as defined in Article 3.14 (Definitions);

neutral elements has the same meaning as “neutral elements” in Article 3.8 (Neutral Elements);

producer means “producer” as defined in Article 3.14 (Definitions); and

production means “production” as defined in Article 3.14 (Definitions).

ANNEX 5.6
PROCEDURES REGARDING AN ORIGIN VERIFICATION CONDUCTED
BY THE CUSTOMS ADMINISTRATION OF A PARTY ON BEHALF
OF THE OTHER PARTY PURSUANT TO ARTICLE 5.6.2

  1. If the circumstances contemplated under Article 5.6.2 exist, the customs administration of the Party into whose territory a good is imported shall initiate an origin verification by sending:
    1. the written questionnaire; or

    2. a letter requesting that a verification visit be conducted on its behalf,

    to the office designated for that purpose by the customs administration of the Party from whose territory the good is exported.
    1. in the case of a questionnaire, forward a true copy thereof to the exporter or producer whose good is subject to the origin verification for completion and signature within 30 days from the date of delivery to such exporter or producer; and

    2. in the case of a letter, on the basis of information provided therein, prepare and send the notification referred to in Article 5.6.3 to the exporter or producer whose good is subject to the verification visit and obtain the written consent thereof within 30 days from the date of delivery of the notification to that exporter or producer.

  2. The customs administration of the Party from whose territory the good was exported shall:

    1. notify the customs administration of the Party that initiated the origin verification under paragraph 1 of the date on which the questionnaire or the written notification referred to under paragraph 2 was delivered to the exporter or producer whose good is the subject of the origin verification; and

    2. upon the 30th day after the date referred to in subparagraph 3(a), either:
      1. forward the completed questionnaire or written consent, as the case may be, to the customs administration of the Party that initiated the origin verification under paragraph 1, or

      2. advise the customs administration of that Party that the questionnaire or written consent, as the case may be, has not been received from the exporter or producer whose good is the subject of the origin verification.

  3. If the exporter or producer of the good that is the subject of the verification consents to a verification visit as contemplated by Article 5.6.3, officials of the customs administration of the Party that initiated the verification under paragraph 1 may be present in the offices of the customs administration of the other Party for purposes of directing the manner in which the verification visit is to proceed.

  4. The customs administration of the Party from whose territory a good is exported shall, in conducting an origin verification on behalf of the other Party pursuant to this Annex, assume all ordinary expenses associated with conducting the origin verification within its territory except travel and incidental expenses of officials travelling to the territory of that Party as contemplated under paragraph 4.

  5. The customs administration of the Party from whose territory a good is exported shall, in conducting an origin verification on behalf of the other Party pursuant to this Annex, if requested by that other Party pursuant to the Agreement on Mutual Assistance in Customs Matters, certify or authenticate, in the manner required by that other Party, copies of any documents and records obtained during the course of conducting the origin verification.

CHAPTER SIX
TRADE FACILITATION

Article 6.1: Objectives and Principles

  1. The Parties acknowledge the importance of customs and trade facilitation matters in the evolving global trading environment.

  2. The Parties shall, to the extent possible, cooperate and exchange information on best practices for the purpose of promoting the application of and compliance with the trade facilitation measures agreed upon under this Agreement.

  3. Each Party shall ensure that its import, export, and transit requirements and procedures are no more trade restrictive than necessary to achieve legitimate objectives.

  4. The Parties shall use international trade instruments or international standards, as determined by the Parties, as the basis for import, export and transit requirements and procedures, if these instruments and standards exist, except when they would be an inappropriate or ineffective means for the fulfillment of the legitimate objectives pursued.

Article 6.2: Transparency

  1. Each Party shall  publish or otherwise make available, including by electronic means, all its laws, regulations, judicial decisions and policies, as well as administrative rulings of general application relating to its requirements for imported or exported goods, in accordance with its law.

  2. Each Party shall, to the extent possible, publish in advance, including on the internet, any regulation of general application governing customs matters that it proposes to adopt and provide interested persons with the opportunity to comment prior to its adoption.

  3. Each Party shall designate or maintain one or more contact points to address enquiries by interested persons concerning customs matters and make available on the internet information concerning the procedures for making these enquiries.

Article 6.3: Risk Management

  1. Each Party shall adopt and apply import, export, and transit requirements and procedures for goods on the basis of risk management principles that focus compliance measures, including release, examination and post-release verification procedures, on transactions that merit attention rather than examining each shipment.

  2. The procedures described in paragraph 1 must distinguish between goods of low, high and unknown risk, with the objective of facilitating and simplifying the processes and procedures for the release of low risk goods, while improving controls on the release of high or unknown risk goods.

  3. Paragraphs 1 and 2 do not preclude a Party from conducting quality control and compliance reviews, which may require more extensive examinations.

Article 6.4: Release of Goods

  1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties and reduce costs for importers and exporters. Each Party shall ensure that its procedures:

    1. allow for the release of goods within a period no greater than that required to ensure compliance with its law;


    2. allow goods, and, to the extent possible, controlled or regulated goods, to be released at the first point of arrival;


    3. allow for the expeditious release of goods in emergency situations, such as natural disasters; and


    4. allow for the withdrawal of goods from customs control before the final determination of the applicable customs duties, taxes and fees, by its customs administration, in accordance with its law. Before releasing . the goods, a Party may, in accordance with its law, require the payment of customs duties, taxes, fees and charges determined prior to or upon arrival of goods or require an importer to provide sufficient guarantee in the form of a surety, a deposit or other appropriate instrument, provided for in its laws and regulations, to cover the ultimate payment of customs duties, taxes or fees in connection with the importation of the goods. The guarantee must be limited to an amount calculated to ensure compliance with payment of customs duties, taxes and fees, and must not represent an indirect protection of domestic products or a taxation of imports for fiscal purposes.

  2. Each Party may require the submission of more extensive information through post-release accounting and verification, as appropriate.


  3. Each Party shall, to the extent possible, ensure that its authorities involved in border and other import and export controls cooperate and coordinate to facilitate trade by, among other things, harmonising import and export data and documentation requirements, and establishing a single location for one-time documentary and physical verification of consignments.


  4. Each Party shall ensure, to the extent possible, that requirements related to the import and export of goods are coordinated to facilitate trade, regardless of whether these requirements are administered by one or more of its authorities.

Article 6.5: Express Shipments

Each Party shall adopt or maintain separate customs procedures for the expedited release of express shipments. These procedures shall:

  1. if applicable, use the World Customs Organization’s Guidelines for the Immediate Release of Consignments by Customs;


  2. to the extent possible or if applicable, provide for advance electronic submission and processing of information before the physical arrival of express shipments to enable their release upon arrival;


  3. to the extent possible, provide for clearance of certain goods with a minimum of documentation; and


  4. provide for, in accordance with a Party’s law, simplified documentation requirements for the release of low-value goods as determined by that Party.

Article 6.6: Automation

  1. Each Party shall use information technologies that expedite itsprocedures for the release of goods in order to facilitate trade, including trade between the Parties.


  2. Each Party shall:
    1. endeavour to make available by electronic means customs forms that are required for the import or export of goods;


    2. allow customs forms to be submitted in electronic format in accordance with its law; and


    3. if possible, through its customs administration, establish a means of providing for the electronic exchange of information with its trading community for the purpose of encouraging efficient release procedures.

  3. Each Party shall endeavour to:

    1. develop or maintain a fully interconnected single window;


    2. develop a set of common data elements and processes in accordance with the World Customs Organization’s Data Model and related recommendations and guidelines of the World Customs Organization; and


    3. harmonise the data requirements of its respective authorities with the objective of allowing importers and exporters to present all required data to one authority.

Article 6.7: Advance Rulings for Tariff Classification

  1. A Party shall issue a written ruling prior to importation regarding tariff classification applicable upon importation, except for any form of surtax or surcharge, in response to a written request from one of the following applicants:


    1. an importer in its territory;


    2. an exporter or producer in the territory of the other Party; or


    3. a representative of a person in subparagraph (a) or (b).

  2. An advance ruling issued by a Party shall be binding on that Party only in respect of the applicant that requested it.


  3. In accordance with its law, each Party shall:

    1. adopt or maintain procedures regarding the issuance of advance rulings, including:  the request for, application of and modification or revocation of an advance ruling, as well as the request by a Party for supplementary information and instances when an advance ruling may be postponed or declined;


    2. ensure that an advance ruling is issued within a period of 120 days after the Party has obtained all necessary information from the applicant;


    3. provide that an advance ruling is in effect from its date of issuance, or another date specified in the ruling, and remains in effect unless relevant facts or circumstances change; and


    4. (d) provide consistent treatment with respect to the application for advance rulings, provided that the facts and circumstances are identical in all material respects.

  4. Each Party may modify or revoke an advance ruling retroactively only if the advance ruling was based on inaccurate or false information.

Article 6.8: Review and Appeal

  1. Regarding decisions on tariff classification of imported goods, value for duty of imported goods, advance rulings for tariff classification pursuant to Article 6.7, administrative penalties pursuant to Article 6.9, and any seizures of imported or exported goods, each Party shall, in accordance with its law, grant access to:

    1. at least one level of administrative review within the same authority of the official or office responsible for the decision under review; and


    2. judicial review or appeal of the decision taken at the final level of administrative review.

  2. For all other decisions on customs matters, each Party shall, in accordance with its law, grant access to either an administrative review or judicial review or appeal of the decision, or both.


  3. Each Party shall ensure that the official or office responsible for the administrative review is independent of the official or office responsible for issuing the decision under review.


  4. Each Party shall ensure that the official or office responsible for the administrative or judicial review or appeal has the authority to maintain, modify or reverse the decision under review.

Article 6.9: Administrative Penalty Regime

  1. Each Party shall adopt or maintain measures that allow for the imposition of administrative penalties for violations of its customs laws.


  2. Each Party shall ensure that any penalties imposed for a breach of its customs laws, regulations or procedural requirements are proportionate and non-discriminatory and, in their application, do not result in unwarranted delays.

Article 6.10: Authorised Economic Operators

  1. The Parties shall implement Authorised Economic Operator (“AEO”) programmes that aim to ensure international supply chain security while facilitating trade. To that end, the Parties recognise the importance and value of the World Customs Organization’s SAFE Framework of Standards to Secure and Facilitate Global Trade.


  2. Each Party shall promote the granting of AEO status to its economic operators with a view of achieving trade facilitation benefits and international supply chain security.


  3. In order to further enhance the trade facilitation measures provided to its authorised economic operators, the Parties shall explore the possibility of negotiating a mutual recognition arrangement of the respective AEO programmes.

Article 6.11: Protection of Information

  1. Each Party shall ensure that confidential information collected pursuant to this Chapter is used only for purposes related to the administration or enforcement of customs matters.


  2. A Party shall maintain the confidentiality of the information provided by the other Party pursuant to this Chapter and protect it from disclosure that could prejudice the competitive position of the person to whom the information relates. Each Party shall treat a violation of confidentiality in accordance with its law.


  3. A Party shall not disclose the information referred to in paragraph 2 without the specific permission of the other Party, except as required for the purposes of administering or enforcing customs-related laws and regulations, in which case the disclosing Party shall notify the other Party in advance of this disclosure.


  4. A Party shall promptly notify the other Party of any unauthorised use or disclosure of information received pursuant to this Chapter and shall provide details of this unauthorised use or disclosure.  In the event of such an occurrence the Party responsible for the safeguarding of the information shall:

    1. take the necessary steps to address the incident;


    2. notify the Party whose information was compromised of the measures that were taken to correct the breach; and


    3. (c) take all reasonable steps necessary to prevent a re-occurrence.

  5. A Party shall not provide to the other Party certain information pursuant to this Chapter, including:

    1. information provided in confidence by another government;


    2. confidential scientific or technical information provided by a third party;


    3. (c) information subject to solicitor/client privilege;


    4. information the disclosure of which is prohibited by a treaty or convention;


    5. information that will compromise an ongoing investigation; or


    6. personal data concerning an identified or identifiable natural person.

Article 6.12: Cooperation

  1. The Parties shall continue to cooperate in international forums, such as the World Customs Organization, to achieve mutually recognised goals, such as those set out in the World Customs Organization’s SAFE Framework of Standards to Secure and Facilitate Global Trade and the International Convention on the Simplification and Harmonization of Customs Procedures (as amended).


  2. The Parties recognise that technical cooperation between the Parties in customs matters under mutually agreed terms, including scope, timing and cost of cooperative measures is fundamental to facilitating compliance with the obligations set forth in this Agreement and for reaching a better degree of trade facilitation.


  3. The Parties shall continue to cooperate in accordance with the Agreement on Mutual Assistance in Customs Matters.

Article 6.13: Future Work Programme

  1. In order to identify other measures for facilitating trade under this Agreement, the Parties shall, as appropriate, identify and submit new measures for consideration by the Working Group on Rules of Origin and Other Customs-Related Market Access Issues.

  2. The Parties shall regularly review relevant international initiatives on trade facilitation, including the Compendium of Trade Facilitation Recommendations, developed by the United Nations Conference on Trade and Development and the United Nations Economic Commission for Europe, to identify areas where further joint action would facilitate trade between the Parties and promote shared multilateral objectives.

CHAPTER SEVEN
SANITARY AND PHYTOSANITARY MEASURES

Article 7.1: Objectives

The objectives of this Chapter are to protect human, animal and plant life or health in the territory of each Party while facilitating trade and ensuring that the Parties' sanitary or phytosanitary measures do not create unjustified barriers to trade.

Article 7.2: Scope

This Chapter applies to all sanitary and phytosanitary measures that may, directly or indirectly, affect trade between the Parties.

Article 7.3: General Provisions

  1. The Parties affirm their rights and obligations under the SPS Agreement.

  2. This Chapter is not subject to Chapter Nineteen (Dispute Settlement) of this Agreement.

Article 7.4: Sanitary and Phytosanitary Contact Points

  1. For the purpose of facilitating communication on sanitary and phytosanitary trade-related matters, the Parties agree to establish Contact Points as follows:

    1. for Canada, the Department of Foreign Affairs, Trade and Development, or its successor; and


    2. for Israel, the Ministry of Economy and Industry, or its successor.

  2. For the purposes of implementing the provisions of this Agreement, the Parties shall share information related to the competent authorities of each Party with responsibility for sanitary and phytosanitary measures, listed in Annex 7.4.

Article 7.5: Cooperation

The Parties shall endeavour to enhance the relationship between the Parties’ competent authorities with responsibility for sanitary and phytosanitary matters. For this purpose:

  1. the competent authorities shall communicate on sanitary and phytosanitary matters with a view to enhancing regulatory cooperation;


  2. the Parties shall promote cooperation on sanitary and phytosanitary issues under discussion in multilateral forums, including the WTO Committee on Sanitary and Phytosanitary Measures and relevant international standard-setting bodies such as the Codex Alimentarius Commission, the international and regional organisations operating within the framework of the International Plant Protection Convention, and the World Organization for Animal Health, as appropriate; and


  3. the Parties shall explore opportunities for cooperation on other sanitary and phytosanitary matters of mutual interest.

Article 7.6: Exchange of Information 1

  1. The Parties shall exchange information relating to each Party’s sanitary and phytosanitary regulatory system, including the scientific and risk assessment basis for sanitary and phytosanitary measures, as well as policies for the determination of equivalence.

  2. The Parties shall exchange information on other relevant issues which affect trade between the Parties, including:

    1. proposed sanitary or phytosanitary measures or amendments to sanitary or phytosanitary measures, including important epidemiological findings;


    2. upon request, the results of import checks in cases of rejected or non-compliant consignments; and


    3. upon request, the results of audits, including the results of on-site verifications, of all or part of the other Party’s control systems.

Article 7.7: Sanitary and Phytosanitary Issue Avoidance and Resolution

  1. The Parties shall work expeditiously to address any specific sanitary or phytosanitary trade related issue and commit to carry out the necessary technical level discussion to endeavour to resolve any such issue and to avoid unjustified disruption to trade between the Parties.


  2. At any time, a Party may raise a specific sanitary or phytosanitary issue with the other Party and may request additional information related to the issue.  The responding Party shall respond to the requesting Party in a timely manner.


  3. If the issue is not resolved through the information exchanged under paragraph 2, at the request of either Party, the Parties shall meet in a timely manner to discuss this issue, prior to which each Party shall provide all information necessary, with a view to avoiding an unjustified disruption to trade or to reaching a satisfactory resolution. The Parties shall meet either in person or by using any technological means available. If travel is required, the Party requesting the meeting shall travel to the territory of the other Party to discuss the specific sanitary or phytosanitary issue, unless otherwise decided by the Parties.


  4. If, in response to an urgent problem of health protection that arises or threatens to arise, an importing Party adopts a sanitary or phytosanitary measure that affects trade between the Parties, the importing Party shall:

    1. advise the other Party, as soon as possible and without delay, and, upon the request of the other Party, discuss the decision to implement the measure; and


    2. consider information provided, in a timely manner, by the exporting Party when making a decision with respect to a consignment that, at the time of adoption of emergency measures, is being transported between the Parties.

Article 7.8: Oversight Body

After making every effort to resolve a sanitary or phytosanitary issue under Article 7.7, either Party may bring the sanitary or phytosanitary issue to the Committee on Trade in Goods established in Article 4.8 (Committee on Trade in Goods) for further consideration, as appropriate.

ANNEX 7.4
COMPETENT AUTHORITIES

For the purposes of this Chapter, competent authority means:

  1. for Canada:

    1. the Canadian Food Inspection Agency, or its successor; and


    2. the Department of Health, or its successor; and

  2. for Israel:

    1. the Ministry of Agriculture and Rural Development, or its successor; and


    2. the Ministry of Health, or its successor.

CHAPTER EIGHT
TECHNICAL BARRIERS TO TRADE

Article 8.1: Scope

  1. This Chapter applies to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures of national government bodies that may affect the trade in goods between the Parties.

  2. Local government bodies and non-governmental bodies are covered by this Chapter only to the extent to which they are covered by the Articles of the TBT Agreement incorporated into this Agreement by Article 8.2.

  3. This Chapter does not apply to:

    1. a purchasing specification prepared by a governmental body for production or consumption requirements of a governmental body; or

    2. a sanitary or phytosanitary measure as defined in Annex A of the SPS Agreement.

  4. All references in this Chapter to technical regulations, standards and conformity assessment procedures shall be construed to include any amendments thereto and any additions to the rules or the product coverage thereof, except amendments and additions of an insignificant nature that do not have an effect on bilateral trade between the Parties.

Article 8.2: TBT Agreement

The following provisions of the TBT Agreementare hereby incorporated into and made part of this Agreement:

  1. Article 2 (Preparation, Adoption and Application of Technical Regulations by Central Government Bodies);

  2. Article 3 (Preparation, Adoption and Application of Technical Regulations by Local Government Bodies and Non-Governmental Bodies);

  3. Article 4 (Preparation, Adoption and Application of Standards);

  4. Article 5 (Procedures for Assessment of Conformity by Central Government Bodies);

  5. Article 6 (Recognition of Conformity Assessment by Central Government Bodies);

  6. Article 7 (Procedures for Assessment of Conformity by Local Government Bodies);

  7. Article 8 (Procedures for Assessment of Conformity by Non-Governmental Bodies);

  8. Article 9 (International and Regional Systems);

  9. Annex 1 (Terms and their Definitions for the Purpose of this Agreement); and

  10. Annex 3 (Code of Good Practice for the Preparation, Adoption and Application of Standards).

Article 8.3: Cooperation

  1. The Parties shall cooperate when there is a mutual interest in the areas of technical regulations, standards, metrology, conformity assessment procedures, market surveillance or monitoring and enforcement activities in order to facilitate the conduct of trade between the Parties. Cooperative activities may include the promotion and encouragement of cooperation between their respective public or private organisations responsible for metrology, standardisation, testing, certification and accreditation, market surveillance or monitoring and enforcement activities and in particular, encouragement of their accreditation and conformity assessment bodies to participate in cooperation arrangements that promote the acceptance of conformity assessment results.

  2. The Parties shall positively consider negotiating additional arrangements for the recognition of technical regulations, standards and conformity assessment procedures, if appropriate.

Article 8.4: Technical Regulations

  1. The Parties shall cooperate when practicable to ensure that their technical regulations are compatible with one another.

  2. If a Party expresses an interest in developing a technical regulation equivalent or similar in scope to one that has been adopted or is being prepared by the other Party, that other Party shall, on request, provide to the other Party, to the extent practicable, the relevant information, studies and data upon which it has relied in the preparation of that technical regulation. The Parties recognise that it may be necessary to clarify and concur on the scope of a specific request, and that confidential information may be withheld.

  3. A Party that has prepared a technical regulation that it considers to be equivalent to a technical regulation of the other Party may request in writing, for the purposes of regulatory recognition, that the other Party recognise it as equivalent to its regulatory requirements. The request must be made in writing and set out the detailed reasons why the technical regulation should be considered to be equivalent, including reasons with respect to product scope.  If a Party does not concur that the technical regulation is equivalent, it shall provide to the other Party, upon request, the reasons for its decision.

Article 8.5: Conformity Assessment

  1. The Parties shall cooperate by:

    1. encouragement of their conformity assessment bodies, including accreditation bodies, to participate in cooperation arrangements that promote the acceptance of conformity assessment results; and

    2. (b) promotion of the acceptance of results of conformity assessment bodies that have been recognised through bilateral arrangements between their conformity assessment bodies.

  2. If a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall explain the reasons for its decision at the request of the other Party.

Article 8.6: Transparency

  1. In the event of an inconsistency between this Article and the obligations in Chapter Seventeen (Transparency), this Article prevails.

  2. If a Party’s consultation process for the development of technical regulations and conformity assessment procedures is open to the public, the Party shall permit a person of the other Party to participate on terms no less favourable than those accorded to its own persons.

  3. Each Party shall recommend to the standardisation bodies in its territory that they observe paragraph 2 with respect to their consultation processes for the development of standards or voluntary conformity assessment procedures.

  4. A Party shall transmit electronically to the other Party’s Enquiry Point, at the same time it submits its notification to the WTO Central Registry of Notifications in accordance with the TBT Agreement:

    1. its proposed technical regulations and conformity assessment procedures; and

    2. technical regulations and conformity assessment procedures that it has adopted to address urgent problems of safety, health, environmental protection or national security that arise or that threaten to arise.

  5. A Party shall, when practicable, transmit electronically to the other Party’s Enquiry Point, its proposed technical regulations and conformity assessment procedures that are in accordance with the technical content of relevant international standards and that may have an effect on trade.

  6. Except when urgent problems of safety, health, environmental protection or national security arise or threaten to arise, a Party should allow a period of at least 60 days following its transmission to the WTO Central Registry of Notifications of a proposed technical regulation or conformity assessment procedure for the public and the other Party to provide written comments.  A Party shall give positive consideration to a reasonable request from the other Party to extend the comment period.

  7. At the request of a Party, the other Party shall, if appropriate, make available to the requesting Party, in print or by electronic means, its responses or a summary of its responses, to significant comments it receives on a proposed technical regulation or a conformity assessment procedure, no later than the date it publishes the adopted technical regulation or conformity assessment procedure.

  8. A Party, at the request of the other Party, shall provide information to the other Party regarding the objectives of, legal basis and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.

  9. Except when a delay would be ineffective in fulfilling the legitimate objectives pursued, a Party shall give positive consideration to a reasonable request from the other Party, received prior to the end of the comment period following the transmission of a proposed technical regulation, to establish or extend the period of time between the adoption of the technical regulation and the day upon which it is applicable.

  10. Each Party shall ensure that all of its adopted technical regulations and conformity assessment procedures are publicly available on official websites.

  11. When a Party detains at a port of entry a good originating from the other Party on the grounds that the good does not comply with a relevant technical regulation, it shall without undue delay notify the importer of the reasons for the detention of the good.

Article 8.7: Information Exchange

If a Party makes a reasonable enquiry pursuant to Article 10.1 or 10.3 of the TBT Agreement, the other Party shall respond, in print or by electronic means, normally within 60 days from the date of receipt of the enquiry, but may extend the period of time for responding by giving notice to the enquiring Party prior to the end of the 60 day period.

Article 8.8: Contact Points and Committee on Trade in Goods

  1. Contact Points are responsible for communications relating to matters arising under this Chapter. Those communications include:

    1. the implementation and administration of this Chapter;

    2. issues relating to the development, adoption or application of standards, technical regulations or conformity assessment procedures under this Chapter or the TBT Agreement;

    3. exchanges of information on standards, technical regulations or conformity assessment procedures; and

    4. cooperation by the Parties, pursuant to Article 8.3.

  2. The Contact Points are:


    1. for Canada, the Department of Foreign Affairs, Trade and Development, or its successor; and

    2. for Israel, the Ministry of Economy and Industry, or its successor.

  3. A Contact Point is responsible for ensuring communication with the relevant institutions and persons in its territory as necessary for the implementation and administration of this Chapter.

  4. If the Parties are unable to resolve a matter arising under this Chapter through an exchange of information via the Contact Points, the matter shall, at the request of a Party, be brought before the Committee on Trade in Goods established under Article 4.8 in Chapter Four (National Treatment and Market Access for Goods). This process is without prejudice to the rights of a Party under Chapter Nineteen (Dispute Settlement).

Article 8.9: Definitions

  1. For the purposes of this Chapter:

    1. Enquiry Point means the enquiry point established under Article 10 of the TBT Agreement;

    2. TBT Agreement means the WTO Agreement on Technical Barriers to Trade;

    3. TBT Committee means the WTO Committee on Technical Barriers to Trade.

  2. Except where this Agreement defines or gives a meaning to terms, general terms for standardisation and procedures for assessment of conformity normally have the meaning given to them by definitions adopted within the United Nations system and by international standardising bodies, taking into account their context and in the light of the object and purpose of this Chapter.

ANNEX 8
ICEWINE

“Icewine”, “ice wine”, “ice-wine”, or a similar variation of those terms, refers to wine that is made exclusively from grapes naturally frozen on the vine.

CHAPTER NINE
ELECTRONIC COMMERCE

Article 9.1: Objective, Scope and Coverage

  1. The Parties recognise that electronic commerce increases economic growth and trade opportunities in many sectors and confirm the applicability of WTO rules to electronic commerce.

  2. The Parties confirm that this Agreement applies to electronic commerce.

  3. This Chapter does not impose obligations on a Party to allow a digital product to be transmitted electronically except in accordance with the obligations of that Party under the other Chapters of this Agreement.

Article 9.2: Customs Duties on Digital Products Transmitted Electronically

  1. A Party shall not apply a customs duty, fee, or charge on a digital product transmitted electronically.

  2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes or other internal charges on digital products transmitted electronically, provided that such taxes or charges are imposed in a manner consistent with this Agreement.

Article 9.3: Online Consumer Protection

  1. The Parties recognise the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial activities, as well as measures conducive to the development of consumer confidence, when they engage in electronic commerce.

  2. Each Party shall adopt or maintain consumer protection laws to proscribe fraudulent and deceptive commercial activities that cause harm or potential harm to consumers engaged in electronic commerce.

Article 9.4: Protection of Personal Information

  1. Each Party shall adopt or maintain legal, regulatory and administrative measures for the protection of personal information of a user engaged in electronic commerce and, when doing so, shall give due consideration to international standards for data protection of relevant international organisations of which both Parties are a member.

  2. For greater certainty, this Chapter does not restrict the right of a Party to protect personal data and other information protected under the law of that Party.

Article 9.5: Cooperation

Recognising the global nature of electronic commerce, the Parties affirm the importance of:

  1. working together to facilitate the use of electronic commerce by small and medium sized enterprises;

  2. sharing information and experiences on:

    1. laws, regulations and programs involving  electronic commerce, including those related to data privacy, consumer confidence and protection, security in electronic communications, authentication, intellectual property rights and electronic government; and

    2. fostering electronic commerce through the encouragement of the private sector to adopt codes of conduct, model contracts, guidelines and enforcement mechanisms;

  3. working to maintain cross-border flows of information as an essential element in fostering a supportive environment for electronic commerce; and

  4. actively participating in regional and multilateral forums, to promote the development of electronic commerce.

Article 9.6: Definitions

For the purposes of this Chapter:

digital product means a computer program, text, video, image, sound recording, or other digital product that is digitally encoded;

personal information means any information, including data, related to an identified or identifiable natural person;

telecommunications means the transmission and reception of signals by electromagnetic means; and

transmitted electronically means delivered through telecommunications, alone or in conjunction with other information and communication technologies.

CHAPTER TEN
INTELLECTUAL PROPERTY

Article 10.1: Objectives and Principles

  1. The Parties recognise the need to achieve a balance between the rights of intellectual property right holders (“right holders”) and the legitimate interests of intellectual property users (“users”).

  2. Each Party shall endeavour to maintain intellectual property regimes that aim to:

    1. facilitate international trade and economic, social and cultural development through the dissemination of ideas, technology and creative works; and

    2. promote certainty for right holders and users in respect of the protection and enforcement of intellectual property rights.

Article 10.2: Affirmation of International Agreements

  1. The Parties affirm their rights and obligations under the TRIPS Agreement and other intellectual property agreements to which both Parties are party.

  2. The Parties affirm that the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members’ rights to protect public health and, in particular, to promote access to medicines for all. In this regard, the Parties further affirm the right to fully avail themselves of the flexibilities established in the TRIPS Agreement, including those related to the protection of public health and in particular the promotion of access to medicines for all. The Parties take note of the WTO’s General Council Decisionon the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health of 30 August 2003 and the Protocol amending the TRIPS Agreementadopted 6 December 2005.

Article 10.3: Geographical Indications

The Parties agree to come back at an appropriate time, in order to discuss a possible agreement on the protection of geographical indications.

Article 10.4: General Obligation with Respect to Enforcement

The Parties shall endeavour to adopt, maintain or apply laws, regulations and procedures implementing the provisions of this Chapter that are fair and equitable, and not unnecessarily complicated or costly, nor entail unreasonable time-limits or unwarranted delays. 

Article 10.5: Cooperation on Enforcement

  1. The Parties recognise the challenges related to the enforcement of intellectual property rights, particularly in trans-border contexts. The Parties agree to cooperate, as appropriate, to combat the negative effects of copyright piracy and trademark counterfeiting.

  2. Each Party shall endeavour to exchange information and share best practices in areas of mutual interest relating to the enforcement of intellectual property rights in accordance with the law of that Party.

  3. Each Party shall endeavour to adhere to the principles set out in Annex 10.5.

Article 10.6: Other Areas of Cooperation

Recognising the growing importance of intellectual property rights in promoting innovation, economic, social and cultural development, as well as economic competitiveness in a knowledge-based and digital economy, the Parties agree to cooperate in the field of intellectual property in areas of mutual interest, including exploring ways to expedite the examination of patent applications and information sharing.

Article 10.7: Transparency

  1. With the aim of making the protection and enforcement of intellectual property rights transparent, each Party shall ensure that its laws, regulations and procedures concerning intellectual property rights are published or otherwise made available in a manner that enables the other Party or any interested person to become acquainted with them.

  2. Each Party shall publish or otherwise make available in advance, to the extent required by the law of that Party, any laws or regulations that it proposes to adopt or amend, so that the other Party or any interested person can provide comments.

  3. Each Party shall endeavour to adhere to the guidelines on transparency in Annex 10.7.

Article 10.8: Disclosure of Information

This Chapter does not require a Party to disclose information that would impede law enforcement or otherwise be prohibited, or exempt from disclosure under its laws or regulations, including those concerning access to information or privacy.

Article 10.9: Consultations

  1. Either Party may request consultations with the other Party regarding a matter the requesting Party considers may negatively affect its intellectual property interests arising under this Chapter.

  2. Upon a request pursuant to paragraph 1, the Parties agree to consult on ways of reaching a mutually satisfactory solution. In doing so, each Party shall:

    1. endeavour to provide sufficient information to enable a full examination of the matter; and

    2. treat any confidential or proprietary information exchanged in the course of the consultations on the same basis as the Party providing the information.

Article 10.10: Dispute Settlement

No matter arising under this Chapter shall be subject to Chapter Nineteen (Dispute Settlement) of this Agreement.

ANNEX 10.5
GUIDELINES FOR THE ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Public Outreach and Awareness

  1. To encourage any interested person of the Parties, including intellectual property right holders, industry groups, and relevant stakeholders, to be aware of their rights and obligations under the applicable intellectual property laws, regulations and procedures, each Party should, as appropriate, be accessible for consultations with them to identify perceived risks regarding violations of intellectual property rights and consider actions to mitigate those risks whenever justified.

Enforcement Expertise, Information, and Domestic Coordination

  1. Each Party should encourage the development of specialised expertise for the enforcement of intellectual property rights.

  2. Each Party should promote, when practicable, the collection and analysis of data and other relevant information concerning intellectual property rights infringements, as well as the collection of information on best practices to prevent and combat infringements.

Procedures for Criminal Enforcement

  1. Subject to the law of the Party, each Party should, as it deems appropriate:

    1. allow interested right holders the opportunity to provide information that can be used by enforcement agencies in their enforcement activities, particularly for investigation purposes, while taking appropriate measures to maintain the confidentiality of the information when required by the law of that Party; and

    2. endeavour, in appropriate circumstances, to seek the assistance of right holders to determine, for the purposes of investigations or similar procedures, whether suspected goods are counterfeit trademark or pirated copyright goods.

Information Sharing

  1. The Parties’ respective authorities may cooperate, as appropriate, to better identify and target the inspection of shipments suspected of containing counterfeit trademark or pirated copyright goods and, in doing so, endeavour to:
    1. share information on innovative approaches that may be developed to provide greater analytical targeting of shipments that could contain counterfeit trademark or pirated copyright goods; and

    2. (b) share information and intelligence regarding shipments of suspected counterfeit trademark or pirated copyright goods in appropriate cases.

ANNEX 10.7
GUIDELINES ON TRANSPARENCY IN INTELLECTUAL PROPERTY

  1. To clarify procedures and practices regarding the application, issuance and registration of industrial property rights, the Parties should publish:  
    1. clear and simple instructions and explanations of the steps involved regarding the application, issuance and registration processes;

    2. the examination guidelines and assessment criteria, if any, used to review an application, if applicable;

    3. the contact points for inquiries regarding the registration of industrial property rights; and

    4. the provisions, if any, directed to small and medium sized enterprises.

  2. Each Party’s systems for the registration of industrial property should include features that provide:

    1. an applicant with the reasons in writing, which may be by electronic means, for any refusal to register a trademark or design, or grant a patent;

    2. an applicant with the opportunity to respond to communications from the relevant government authorities, challenge an initial refusal and have a higher authority review any refusal to register a trademark or design, or grant a patent;

    3. any interested person with an opportunity  to oppose or challenge an application or a registration of a trademark, design or patent; and

    4. for decisions in opposition or cancellation proceedings to be reasoned and in writing.

  3. Each Party should provide that any final judicial decision or administrative ruling of general application pertaining to the protection, including enforcement, of intellectual property rights will be published or, when publication is not practicable, will be made publicly available in a manner that enables the other Party and any interested person to become acquainted with them.

CHAPTER ELEVEN
TRADE AND ENVIRONMENT

Article 11.1: Context

  1. The Parties recognise that each Party has sovereign rights to conserve and protect its environment, and affirm their environmental obligations under their law, as well as their international obligations under multilateral environmental agreements to which they are a party.

  2. The Parties recognise the mutual supportiveness between trade and environmental policies and the need to implement this Agreement in a manner consistent with environmental protection and conservation.

  3. Each Party recognises that it is inappropriate to establish or use its environmental laws or other measures in a manner that would constitute a disguised restriction on trade between the Parties.

Article 11.2: Levels of Protection

Recognising  the right of each Party to set its own environmental priorities, to establish its own levels of environmental protection, and to adopt or modify its environmental laws and policies accordingly, each Party shall strive to ensure that those laws and policies provide for and encourage high levels of environmental protection and shall strive to continue to improve them and their underlying levels of protection.

Article 11.3: Compliance with and Enforcement of Environmental Laws

  1. A Party shall not fail to effectively enforce its environmental laws, through a sustained or recurring course of action or inaction, in a manner that affects trade or investment between the Parties.

  2. Each Party recognises that it is inappropriate to encourage trade or investment by weakening or reducing the level of protection afforded in its environmental laws. Accordingly, a Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental laws, in a manner that weakens or reduces the protections afforded in those laws, as an encouragement for trade or investment.

  3. Each Party shall ensure that violations of its environmental laws can be remedied or sanctioned under its law through judicial, quasi-judicial or administrative proceedings.

Article 11.4: Private Access to Remedies

  1. Each Party shall ensure that an interested person may request the Party’s competent authorities to investigate an alleged violation of its environmental laws and shall give such a request due consideration, in accordance with its law.

  2. Each Party shall provide a person with a legally recognised interest under its laws in a particular matter appropriate access to administrative, quasi-judicial or judicial proceedings for the enforcement of the Party’s environmental laws, and to seek remedies for a violation of those laws.

Article 11.5: Procedural Guarantees

  1. Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings referred to in Article 11.4.2 are fair, equitable and transparent and to this end shall ensure that a proceeding:

    1. is conducted by an impartial and independent natural person who does not have an interest in the outcome of the matter;

    2. is open to the public, except if the law or the administration of justice requires otherwise;

    3. entitles the parties to a proceeding to support or defend their respective positions and to present information or evidence; and

    4. is, within the framework of its legal system, not unnecessarily complicated and does not entail an unreasonable fee or time limit or an unwarranted delay.

  2. Each Party shall provide that a final decision on the merits of the case in a proceeding is:

    1. (in writing and, if appropriate, states the reasons on which the decision is based;

    2. made available within a reasonable time period to the parties to a proceeding and, in accordance with its law, to the public; and

    3. based on information or evidence presented by the parties to a proceeding.

  3. Each Party shall also provide, as appropriate, that parties to a proceeding have the right, in accordance with its law, to seek review and, if warranted, correction or redetermination, of a final decision in a proceeding.

  4. Each Party shall ensure that a tribunal that conducts or reviews a proceeding is impartial and independent, and does not have any substantial interest in the outcome of the matter.

Article 11.6: Transparency

Each Party shall promote public awareness of its environmental laws by ensuring that relevant information is available to the public regarding its environmental laws, and procedures regarding environmental law enforcement and compliance.

Article 11.7: Corporate Social Responsibility

Recognising the substantial benefits brought by international trade and investment, each Party shall encourage voluntary best practices of corporate social responsibility by enterprises operating within its territory or subject to its jurisdiction to strengthen coherence between economic and environmental objectives.

Article 11.8: Measures to Enhance Environmental Performance

  1. The Parties recognise that flexible, voluntary and incentive-based mechanisms can contribute to the achievement and maintenance of a high level of environmental protection, complementing regulatory measures under environmental laws. In accordance with its law and policy, each Party shall encourage the development and use of such mechanisms.

  2. In accordance with its law and policy, each Party shall encourage the development, establishment, maintenance or improvement of performance goals and standards used in measuring environmental performance.

Article 11.9: Environmental Goods and Services

  1. The Parties recognise the importance of trade in environmental goods and services as a means of improving environmental and economic performance and addressing global environmental challenges.

  2. Accordingly, the Parties shall strive to facilitate and promote the trade in environmental goods and services such as those related to renewable energy, including through addressing related non-tariff barriers.

Article 11.10: National Contact Point

Each Party shall designate an official within the following ministries to serve as its National Contact Point:

  1. for Canada, the Department of the Environment or its successor; and

  2. for Israel, the Ministry of Environmental Protection or its successor.

Article 11.11: Public Information

  1. An interested person residing or established in either Party may submit a written question to either Party through its National Contact Point, indicating that the question is being submitted pursuant to this Article regarding a Party’s obligations under this Chapter.

  2. The Party receiving the question shall acknowledge the question in writing, forward the question to the appropriate authority and provide a response in a timely manner.

  3. If an interested person submits a question to a Party that relates to the obligations of the other Party, the Party that receives the question shall, in a timely manner, provide to the other Party a copy of the question and its response referring the question to the other Party.

  4. Each Party shall, in a timely manner, make publicly available all of the questions it receives and its responses to those questions.

Article 11.12: Party-to-Party Information Exchange

A Party may notify the other Party of, and provide to that Party, any credible information regarding a possible violation of or failure to effectively enforce its environmental laws. This information shall be specific and sufficient to allow the other Party to inquire into the matter. The notified Party shall take appropriate steps to make inquiries, in accordance with its law, and to respond to the other Party.

Article 11.13: Cooperative Activities

  1. The Parties recognise that cooperation is an effective way to achieve the objectives and fulfill the obligations of this Chapter. Accordingly, and subject to the availability of resources, the Parties may develop programs of cooperative activities based on their respective priorities.

  2. The Parties shall strive to strengthen their cooperation on environmental issues in other bilateral, regional and multilateral forums in which they participate.

  3. Each Party may involve the public, interested stakeholders and any other entity that the Party deems appropriate in activities undertaken pursuant to this Article.

Article 11.14: Committee on the Environment

  1. The Partieshereby establish a Committee on the Environment (“Committee”) composed of senior representatives of each Party. The Committee shall:

    1. oversee and review the implementation of this Chapter, including any cooperative activity undertaken by the Parties;

    2. discuss any matter of common interest; and

    3. perform any other function the Parties may decide.

  2. The Committee shall meet for the first time no later than one year after the date of entry into force of this Agreement and subsequently as mutually decided.

  3. Canada shall notify the Committee of any declaration provided to Israel under Article 1 of Annex 11.20.

  4. The Committee shall prepare a summary record of each meeting unless the Committee decides otherwise.

  5. The Committee may prepare reports and recommendations on any activity or action related to the implementation of this Chapter. A copy of these reports and recommendations shall be submitted to the Joint Commission for its consideration. These reports may include recommendations to update Annex 1.5 (Multilateral Environmental Agreements).

  6. Summary records, reports and recommendations of the Committee shall be made available to the public, unless otherwise decided by the Parties.

Article 11.15: Review

  1. The Committee shall consider undertaking a review of the implementation of this Chapter, with a view to improving its operation and effectiveness, within five years of the date of the entry into force of this Agreement, and periodically thereafter as mutually decided.

  2. The Committee may provide for the participation of the public and independent experts in the review process.

  3. The Parties shall make the results of the review available to the public.

Article 11.16: Public Engagement

  1. Each Party shall inform the public of activities, including meetings of the Parties and cooperative activities, undertaken to implement this Chapter.

  2. Each Party shall endeavour to engage the public in activities undertaken to implement this Chapter.

Article 11.17: Relation to Environmental Agreements

This Chapter does not affect the existing rights and obligations of either Party under international environmental agreements.

Article 11.18: Protection of Confidential Information

Each Party shall ensure that information designated by either Party for treatment as confidential information, in particular personal or commercial information, is protected.

Article 11.19: Dispute Resolution

  1. The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter and shall make every attempt through consultations, the exchange of information and, if appropriate, cooperation to address any matter that might affect the operation of this Chapter.

  2. A Party may request consultations with the other Party through the Committee regarding any matter arising under this Chapter by delivering a written request to the National Contact Point of the other Party, with a copy to the Coordinator of the other Party. The request shall present the matter clearly, identify the question at issue and provide a brief summary of any claim under this Chapter. Consultations shall commence promptly after a Party delivers a request for consultations to the National Contact Point of the other Party.

  3. During the consultations, each Party shall provide the other with sufficient information in its possession to allow a full examination of the matters raised.

  4. Consultations, including documents prepared specifically for the purposes of these consultations, are confidential and without prejudice to the rights of the Parties in any proceedings.

  5. Consultations may be held in person or by any other means that the Parties decide. If consultations are held in person, they shall take place in the territory of the Party that has received the request, unless the Parties decide otherwise.

  6. For greater certainty, if relevant, a Party may seek information or views of any person, organisation or body that may contribute to the examination of the matter at issue.

  7. If the Parties fail to resolve the matter pursuant to paragraph 2, the requesting Party may request consultations with the other Party at the Ministerial level regarding any matter under this Chapter by delivering a written request to the National Contact Point of the other Party. The Party receiving the request shall respond expeditiously. The Ministerial consultations, including documents prepared specifically for the purposes of these consultations, are confidential and without prejudice to the rights of the Parties in any proceedings. Ministerial consultations shall be concluded within 120 days of a Party’s receipt of the request unless the Parties decide otherwise.

  8. Following the conclusion of the Ministerial consultations, the requesting Party may request that a Review Panel be convened to examine the matter if it considers that the consultations have not satisfactorily addressed the matter by delivering a written request to the National Contact Point of the other Party. The requesting Party shall also deliver a copy of the request to the Coordinator of the other Party.

  9. A Review Panel shall be established upon receipt of a request referred to in paragraph 8 by a National Contact Point. Unless the Parties decide otherwise, the terms of reference of a Review Panel shall be: To examine, in light of the relevant provisions of Chapter 11 (Trade and Environment) of the Canada – Israel Free Trade Agreement, the matter referred to in the request for the establishment of the Review Panel, and to issue a report making recommendations for the resolution of the matter.

  10. Subject to the provisions of this Article, the Parties shall apply, as applicable and with such changes as may be necessary, Annex 19.9 (Rules of Procedure) and Annex 19.8 (Code of Conduct), unless the Parties decide otherwise. If there is an inconsistency between those Annexes and this Article, the provisions of this Article shall prevail.

  11. A Review Panel shall be composed of two panellists and a chair.

  12. For the purposes of selecting the panellists, the following procedures shall apply:

    1. within 30 days of a Party’s receipt of a request to establish a Review Panel, each Party shall select one panellist; and

    2. if one Party fails to select a panellist within the period referred to in subparagraph (a), the other Party shall select that panellist from among qualified candidates who are nationals of the Party that failed to select its panellist.

  13. For the purposes of selecting the chair, the following procedures shall apply:

    1. the Party that is the subject of the request shall provide the requesting Party with the names of three qualified candidates who are not nationals of either Party. These names shall be provided within 30 days of a Party’s receipt of the request to establish a Review Panel;

    2. the requesting Party may choose one of the three candidates referred to in subparagraph (a) to be the chair or, if no names were provided or none of the candidates are acceptable, provide the Party that is the subject of the request with the names of three candidates who are qualified to be the chair and who are not nationals of either Party. Those names shall be provided no later than seven days after receipt of the names under subparagraph (a) or 37 days after the receipt of the request referred to in paragraph 8 for the establishment of a Review Panel, whichever is earlier; and

    3. (c) the Party that is the subject of the request may choose one of the three candidates to be the chair within seven days of receiving their names under subparagraph (b), failing which the chair shall be selected by the requesting Party by lot from the six candidates proposed by the Parties pursuant to subparagraphs (a) and (b) within a further seven days.

  14. A Review Panel shall be composed of individuals with specialised knowledge or expertise in environmental law, issues addressed in this Chapter and, to the extent possible, the settlement of disputes arising under international agreements. Members of a Review Panel shall be independent, shall serve in their individual capacities, shall not take instructions from any organisation or government with regard to issues related to the matter at stake and shall not be affiliated with the government of any Party. A Review Panel shall be composed of individuals who are nationals of a state having diplomatic relations with both Parties.

  15. Unless the Parties decide otherwise, a Review Panel shall perform its functions in accordance with Annex 19.9 (Rules of Procedure) and Annex 19.8 (Code of Conduct), with such changes as may be necessary, and shall ensure that:

    1. each Party has the opportunity to provide written and oral submissions to the Review Panel;

    2. at the request of either Party, or on its own initiative, the Review Panel may seek, as appropriate, information and technical advice from any person or body with relevant expertise. The Parties shall have an opportunity to comment on any information or advice so obtained;

    3. (c) a non-governmental person of a Party may provide written submissions to a Review Panel; and

    4. (d) unless the Parties decide otherwise, hearings shall be open to the public, except as necessary to protect information designated by either Party under Article 11.18 for confidential treatment.

  16. A Review Panel shall issue to the Parties an interim report and a final report, each setting out the findings of fact, its determinations as to whether the responding Party has complied with its obligations under this Chapter and the rationale behind any findings, determinations and recommendations that it makes.

  17. A Review Panel shall submit the interim report to the Parties within 120 days of the selection of the last panellist or within another time period decided by the Parties. The Parties may provide comments to the Review Panel on the interim report within 45 days of its submission. After considering these comments, the Review Panel may reconsider its report or make any further examination it considers appropriate.

  18. A Review Panel shall submit the final report to the Parties within 60 days of the submission of the interim report. Unless the Parties decide otherwise, the final report of a Review Panel may be published by either Party 30 days after it is submitted to the Parties.

  19. If in the final report a Review Panel determines that a Party has not complied with its obligations under this Chapter, the Parties shall, within three months of the submission of that final report and taking into account that report, endeavour to consent to a mutually satisfactory action plan to address the matter. Any action plan developed by the Parties shall be made public within 30 days of its development, unless otherwise decided by the Parties. The Party undertaking the action plan shall submit a copy of it to the Coordinator of the other Party.

  20. If the Parties reach a mutually agreed solution to a matter at any point after a Review Panel has been established, they shall notify the Review Panel of the solution. Upon the Review Panel’s receipt of this notification, the panel procedure shall be terminated.

  21. At any time, the Parties may have recourse to means of alternative dispute resolution to resolve a matter, including good offices, conciliation or mediation.

  22. Proceedings involving good offices, conciliation and mediation, including documents prepared specifically for the purposes of these proceedings, are confidential and without prejudice to the rights of the Parties in any proceedings.

  23. Unless the Parties decide otherwise, the expenses of a Review Panel, including the remuneration of the panellists, shall be borne in equal shares by the Parties, in accordance with Annex 19.9 (Rules of Procedure).

Article 11.20: Extent of Obligations

  1. For Canada, the application of this Chapter to the provinces of Canada is subject to Article 1 of Annex 11.20.

  2. For Israel, the application of this Chapter is subject to Article 2 of Annex 11.20.

Article 11.21: Definitions

  1. For the purposes of this Chapter:
  2. environmental laws means any law or statutory or regulatory provision, or other legally binding measure of a Party, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through:

    1. the prevention, abatement or control of the release, discharge or emission of pollutants or environmental contaminants;

    2. the management of chemicals and waste and the dissemination of information related thereto; or

    3. the conservation and protection of wild flora or wild fauna, including endangered species, their habitat and protected natural areas,

    but does not include any measure directly related to worker health and safety, nor any measure of which the primary purpose is managing the commercial harvest or exploitation, or subsistence or aboriginal harvesting, of natural resources;
    province means a province of Canada and includes Yukon, the Northwest Territories and Nunavut, and their successors; and
    Review Panel means a panel established pursuant to Article 11.19.8.

  3. For the purposes of this Chapter, a Party has not failed to “effectively enforce its environmental laws” in a particular case if the action or inaction in question by an agency or an official of that Party:

    1. reflects a reasonable exercise of discretion in respect of investigatory, prosecutorial, regulatory or compliance matters; or

    2. results from a bona fidedecision to allocate resources to enforcement in respect of other environmental matters determined to have higher priority.

ANNEX 11.20
EXTENT OF OBLIGATIONS

Article 1: Application to the Provinces of Canada

  1. Following the entry into force of this Agreement, Canada shall provide to Israel through diplomatic channels a written declaration indicating the provinces for which Canada is to be bound by this Chapter in respect of matters within their jurisdiction. The declaration shall become effective on its date of receipt by Israel.

  2. Canada shall use its best efforts to make this Chapter applicable to as many provinces as possible.

  3. Canada shall notify Israel six months in advance of any modification to its declaration.

Article 21: Application to Israel

For the State of Israel, this Chapter applies to the State of Israel and when used in a geographical sense includes the territorial sea as well as the exclusive economic zone and the continental shelf over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign rights or jurisdiction.

CHAPTER TWELVE
TRADE AND LABOUR

Section A – Obligations

Article 12.1: General Obligations

  1. Each Party shall ensure that its labour laws and practices embody and provide protection for the following internationally recognised labour principles and rights,particularly bearing in mind its commitments under the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work  and its Follow-Up, done at Geneva on 18 June 1998 (“ILO 1998 Declaration”):

    1. freedom of association and the effective recognition of the right to collective bargaining;

    2. the elimination of all forms of forced or compulsory labour;

    3. the effective abolition of child labour and a prohibition on the worst forms of child labour;

    4. the elimination of discrimination in respect of employment and occupation;

    5. acceptable minimum employment standards for wage earners, including those not covered by collective agreements;

    6. the prevention of occupational injuries and illnesses and compensation in cases of these injuries or illnesses; and

    7. (g) non-discrimination in respect of working conditions for foreign workers.

  2. To establish a violation of an obligation under this Article, a Party shall demonstrate that the other Party has failed to ensure that its labour laws embody and provide protection for the internationally recognised labour principles and rights referred to in paragraph 1 in a matter related to trade or investment.

Article 12.2: Upholding Levels of Protection

A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labour laws in a manner that weakens or reduces adherence to the internationally recognised labour principles and rights, referred to in Article 12.1.1, in order to encourage trade or to establish, acquire, expand or retain an investment in its territory.

Article 12.3: Government Enforcement Action

  1. Each Party shall effectively enforce its labour laws by taking appropriate and timely government action, including:

    1. (a) by maintaining an inspection regime that has proactive elements and gives due consideration, in accordance with its law, to requests by an interested person for an investigation of an alleged violation of that Party’s labour laws;

    2. by initiating proceedings to seek appropriate sanctions or remedies for those violations; and

    3. by encouraging or supporting mediation, conciliation and arbitration.

  2. Each Party retains the right to exercise reasonable enforcement discretion and to make decisions in good faith with regard to the allocation of resources, among the labour enforcement activities related to the internationally recognised labour principles and rights enumerated in Article 12.1.1. If a Party fails to comply with any obligation of this Chapter, a decision that this Party makes on the provision of enforcement resources shall not excuse this failure. 

  3. To establish a violation under this Article, a Party shall demonstrate that the other Party has failed to effectively enforce its labour laws through a sustained or recurring course of action or inaction in a matter related to trade or investment, and that the matter in dispute is covered by mutually recognised labour laws.

Article 12.4: Private Action

Each Party shall ensure that a person with a recognised interest under its labour laws in a particular matter has appropriate access to administrative or tribunal proceedings which can enforce and give effect to the rights protected by those laws, including by granting effective remedies for a violation of those laws.

Article 12.5: Procedural Guarantees

  1. Each Party shall ensure that the proceedings referred to in Articles 12.3.1(a), 12.3.1(b) and 12.4 are fair, equitable and transparent and to this end shall provide that:

    1. natural persons who conduct the proceedings meet appropriate guarantees of independence;

    2. the parties to the proceedings are entitled to support or defend their respective positions and to submit information or evidence;

    3. the decision is based on that information or evidence and final decisions on the merits of the case are in writing;

    4. the proceedings are open to the public, unless the law and the administration of justice require otherwise; and

    5. the proceedings are free and expeditious, or do not entail unreasonable fees or delays, and the time limits do not impede the exercise of the rights protected by a Party’s labour laws.

  2. Each Party shall provide that parties to the proceedings have the right, pursuant to that Party’s laws, to seek review and correction of decisions issued in those proceedings, and shall provide that this review complies with the requirements set out in paragraph 1 and is conducted by decision-makers who are impartial and independentand who do not have an interest in the outcome of the matter.

Article 12.6: Public Awareness

Each Party shall promote awareness of its labour laws, including by:

  1. ensuring the availability of public information related to its labour laws and enforcement and compliance procedures; and

  2. encouraging education of the public regarding its labour law.

Section B – Institutional Mechanisms

Article 12.7: Labour Ministerial Council

  1. The Parties hereby establish a Labour Ministerial Council composed of Ministers responsible for labour affairs of the Parties or their designees (“the Council”).

  2. The Council shall meet within the first year after the date of entry into force of this Agreement and thereafter as often as it considers necessary to discuss matters of common interest, to oversee the implementation of this Chapter and to review progress under it.  The Council may hold joint meetings with other Councils established under similar Chapters or Agreements.

  3. Unless the Parties decide otherwise, each meeting of the Council must include a session at which members of the Council have an opportunity to meet with the public to discuss matters relating to the implementation of this Chapter.

  4. The Council may consider any matter within the scope of this Chapter and take any other action in the exercise of its functions the Parties decide, including:

    1. establishing, and assigning responsibilities to, committees, working groups or expert groups; and

    2. seeking the advice of independent experts.

  5. The Council shall review the operation and effectiveness of this Chapter, including the degree to which progress has been made in implementing the objectives of this Chapter, within five years after the date of entry into force of this Agreement and thereafter within any other period directed by the Council.

Article 12.8: National Mechanisms

  1. Each Party may consult members of its public, including representatives of its labour and business organisations, to provide views on any issues related to this Chapter.

  2. Each Party shall designate an office within its governmental department responsible for labour affairs that shall serve as a National Point of Contact (“NPC”) and shall provide to the other Party its contact information by diplomatic note.

  3. The NPC shall serve as a point of contact with the other Party and perform the functions assigned to it by the Parties or the Council, as well as:

    1. coordinate cooperative programs and activities in accordance with Article 12.9;

    2. review public communications in accordance with Article 12.10; and

    3. provide information to the other Party, a Review Panel established pursuant to Article 12.13 and the public.

Article 12.9: Cooperative Activities

  1. The Parties may develop a joint plan of action for cooperative labour activities to promote the objectives of this Chapter.  To the extent possible, those activities must be linked to the review performed by the Council pursuant to Article 12.7.5. An indicative list of areas of possible cooperation between the Parties is set out in Annex 12.9.

  2. In carrying out the joint plan of action the Parties may, commensurate with the availability of resources, cooperate through:

    1. seminars, training sessions, working groups and conferences;

    2. joint research projects, including sector studies; and

    3. any other means the Parties may decide.

Article 12.10: Public Communications

  1. Each Party shall provide for the submission and receipt of, and periodically make available a list of, public communications on matters regarding labour laws that:

    1. are raised by a national of that Party or by an enterprise or organisation established in the territory of that Party;

    2. arise in the territory of the other Party; and

    3. (pertain to any obligation under Section A.

  2. Each Party shall consider communications described in paragraph 1 in accordance with its domestic procedures as provided for in Annex 12.10.

Section C – Procedures for Review of Obligations

Article 12.11: General Consultations

  1. The Parties shall at all times endeavour to concur on the interpretation and application of this Chapter.

  2. A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the NPC of the other Party.The Parties shall make every attempt, including through cooperation, consultations and the exchange of information, to address the matter under consideration.

  3. Consultations pursuant to this Article and Article 12.12, including documents prepared specifically for the purposes of these consultations, are confidential and without prejudice to the rights of the Parties in any proceedings.

  4. If the Parties are unable to resolve the matter, the requesting Party may use the procedures provided in Article 12.12.

Article 12.12: Ministerial Consultations

  1. A Party may request, in writing, consultations with the other Party at the ministerial level regarding any matter in this Chapter.  Unless the Parties decide otherwise, the Party that is the object of the request shall respond within 60 days of receiving the request.

  2. To facilitate discussion of the matter under consideration and assist in arriving at a mutually satisfactory resolution, each Party:

    1. shall provide the other Party with sufficient information under its control to allow a full examination of the matters raised;

    2. shall treat confidential or proprietary information received in the course of consultations on the same basis as the Party providing the information; and

    3. may engage one or more independent experts to prepare a report.  The Parties shall make every effort to concur on the selection of the expert or experts and shall cooperate with the expert or experts in the preparation of the report.  Unless the Parties decide otherwise, any report shall be made public within 60 days of its receipt by the Parties.

  3. Ministerial consultations shall be concluded no later than 180 days after the request is received unless the Parties decide otherwise.

Article 12.13: Establishment and Conduct of a Review Panel

  1. Following the conclusion of ministerial consultations pursuant to Article 12.12, the Party that requested the consultations may make a written request to the NPC of the other Party for a Review Panel to be established if it considers that the matter has not been satisfactorily addressed through the ministerial consultations.

  2. The request for the establishment of a Review Panel shall set out the nature of the alleged non-compliance with the obligations under Section A.

  3. Unless otherwise decided by the Parties, a Review Panel composed of three independent natural persons, including a chairperson, shall be established in a manner consistent with the criteria and procedures set out in Annex 12.13.3. The Review Panel shall be composed of natural persons who are nationals of states having diplomatic relations with both Parties.

  4. Unless the Parties decide otherwise, the Review Panel shall perform its functions in accordance with the provisions of this Section, Annex 12.13.3 and Annex 12.13.4. The Review Panel:

    1. shall determine, within 30 days of the confirmation of its terms of reference, whether the matter is trade-related and shall cease its functions if it determines that the matter is not trade-related, in which case any deliberations of the Review Panel, including any information or documentation prepared or received by it, are without prejudice to the rights of the Parties in any proceedings;

    2. shall provide the Parties with sufficient opportunity to make written and oral submissions to the Review Panel;

    3. may invite or receive, and consider written submissions, and other information from any person or body with relevant information or expertise subject to Annex 12.13.3 and Annex 12.13.4;  and

    4. unless the Parties decide otherwise, shall conduct hearings that are open to the public, except as necessary to protect information designated by either Party under Article 12.16 for confidential treatment. The Review Panel shall, in consultation with the Parties, adopt appropriate logistical arrangements and procedures to ensure that hearings are not disrupted by the attendance of the public. These procedures may include, among other things, the use of live web-broadcasting or closed-circuit television.

Article 12.14: Review Panel Reports and Determinations

  1. The Review Panel shall present to the Parties a report that:

    1. sets out findings of fact and the basis upon which they were determined;

    2. addresses the submissions and arguments of the Parties and relevant information before it pursuant to Article 12.13.4(c);

    3. determines whether the Party that is the object of the review has not complied with its obligations under Section A, or any other determination requested in the terms of reference; and

    4. makes recommendations for the resolution of any non-compliance determined under subparagraph (c), which shall be that the Party that is the object of the review adopt and implement an action plan or other appropriate measures to remedy the non-compliance.

  2. The Review Panel shall present its initial report to the Parties within 90 days after the date the last panellist is selected unless the Review Panel extends the time period by up to an additional 60 days.  If the Review Panel extends the time period, it shall first give written notice to both Parties setting out the reasons for the extension of time.

  3. Each Party may submit written comments to the Review Panel on its initial report within 30 days of presentation of the initial report or within any other period that is determined by the Parties.  After considering the written comments, the Review Panel, on its own initiative or upon the request of either Party, may reconsider its report and make a further examination that it considers appropriate. 

  4. Unless the Parties decide otherwise, the Review Panel shall present to the Parties a final report within 60 days of the presentation of the initial report. Unless the Parties decide otherwise, the final report of the Review Panel may be published by either Party 15 days after it is presented to the Parties, subject to Article 12.16.

  5. If, in the final report, a Review Panel determines that there has been non-compliance within the meaning of subparagraph 1(c), the Parties may develop, within the following 90 days or a longer period they decide, a mutually satisfactory action plan to remedy the non-compliance, taking into account the Review Panel’s recommendations.

  6. Following the expiry of the period set out in paragraph 5, if the Parties are unable to decide on an action plan or if the Party that is the object of the review is failing to implement the action plan according to its terms, the requesting Party may make a written request to the NPC that the Review Panel be reconvened to determine whether or not a monetary assessment needs to be set and paid in accordance with Annex 12.14.

Section D – General Provisions

Article 12.15: Private Rights

A Party shall not provide for a right of action under its law against the other Party on the ground that the other Party has acted in a manner inconsistent with this Chapter.

Article 12.16: Protection of Confidential Information

Each Party shall ensure that information designated by either Party for treatment as confidential information, in particular personal or commercial information, is protected.

Article 12.17: Cooperation with International and Regional Organisations

The Parties may establish cooperative arrangements with the International Labour Organization and other competent international and regional organisations to draw on their expertise and resources to achieve the objectives of this Chapter.

Article 12.18: Extent of Obligations

  1. For Canada, the application of this Chapter to the provinces of Canada is subject to Article 1 of Annex 12.18.

  2. For Israel, the application of this Chapter is subject to Article 2 of Annex 12.18.

Article 12.19: Definitions

For the purposes of this Chapter:

labour laws means laws and regulations that implement and protect the labour principles and rights set out in Article 12.1.1;

person means a natural person, an enterprise or an organisation of employers or workers;

province means a province of Canada, and includes the Yukon, the Northwest Territories and Nunavut, and their successors; and

trade-related means related to trade or investment covered by this Agreement.

ANNEX 12.9
COOPERATIVE ACTIVITIES

  1. The Parties have established the following indicative list of areas for cooperative activities that they may develop pursuant to Article 12.9:

    1. information sharing:  exchanging information and sharing best practices on issues of common interest and on events, activities and initiatives organised in their respective territories;

    2. international forums:  cooperation within international and regional forums such as the International Labour Organization on labour-related issues;

    3. fundamental rights and their effective application: laws and practices related to the core elements of the ILO 1998 Declaration (freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination in respect of employment and occupation);

    4. worst forms of child labour: laws and practices related to compliance with the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (“ILO Convention 182”);

    5. labour administration: institutional capacity of labour administrations and tribunals;

    6. labour inspectorates and inspection systems: methods and training to improve the level and efficiency of the enforcement of labour laws, strengthen labour inspection systems, and help ensure compliance with labour laws;

    7. labour relations: forms of cooperation and dispute resolution to ensure productive labour relations among workers, employers and governments;

    8. working conditions: mechanisms for supervising compliance with  labour laws pertaining to hours of work, minimum wages and overtime, occupational safety and health, and employment conditions;

    9. (i) gender: gender issues, including the elimination of discrimination in respect of employment and occupation; and

    10. (j) any other matter that, in the view of the Parties, promotes the objectives of this Chapter.

  2. In identifying areas for labour cooperation and capacity building, and in carrying out cooperative activities, each Party may consider the views of its worker and employer representatives, as well as those of other members of the public.

ANNEX 12.10
PUBLIC COMMUNICATIONS PROCEDURES

Public communications procedures of each Party regarding the right of a person to submit a public communication to the National Point of Contact shall indicate, among other things:

  1. the criteria regarding the acceptance of communications, including that:

    1. except in exceptional circumstances, relief before domestic tribunals shall have been pursued;

    2. communications regarding any pending proceedings referred to in sub-subparagraph (i) will not be accepted, provided that the proceedings conform to Article 12.5;

    3. except in exceptional circumstances, matters pending before an international body or under a bilateral agreement to which one of the Parties is party will not be accepted; and

    4. that communications that are manifestly without merit will not be accepted;

  2. that there will be early consultations with the other Party;

  3. that following these consultations the Party receiving the public communication may publish a report that considers relevant information, including that provided by the person submitting a public communication, the other Party and other interested persons, as well as indicate how to obtain access to that information, if publicly available; and

  4. that the public notification of the acceptance for review and of the release of the final report will indicate how to obtain access to any response of the other Party, if publicly available.

ANNEX 12.13.3
PROCEDURES RELATED TO REVIEW PANELS

Qualifications of Panellists

  1. Each panellist shall:

    1. be chosen on the basis of expertise in labour matters or other appropriate disciplines, objectivity, impartiality, reliability and sound judgment;

    2. be independent of, and not be affiliated with or employed by, or take instructions from either Party; and

    3. comply with Annex 19.8 (Code of Conduct).

  2. Panellists proposed to serve as chairperson shall not be nationals of either Party nor have their usual place of residence in either Party's territory.

  3. Panellists appointed by each Party, unless otherwise decided by the Parties on a case by case basis, may be nationals of the appointing Party or have their usual place of residence in its territory.
  4. Review Panel Appointment Process

  5. Within 30 days of the date of receipt of the notice referred to in Article 12.13, each Party shall notify the other Party of its appointment of a panellist, and propose up to four candidates to serve as the chairperson. If a Party fails to appoint a panellist within this time, that panellist shall be appointed by the other Party from the candidates proposed for chairperson by the Party that failed to appoint a panellist, if such a list exists or, in the absence of such a list, from the other Party's proposed candidates.

  6. The Parties, within 45 days of the date of receipt of the notice referred to in Article 12.13, shall endeavour to decide, from among the candidates proposed, on a panellist who will serve as the chairperson.

  7. If the Parties fail to decide on a chairperson within 45 days, the Parties shall immediately request the Director General of the International Labour Office to appoint a chairperson within 25 days. If the Director General of the International Labour Office is a national of or has his or her usual place of residence in the territory of either Party, or is not a national of a state with which both Parties have diplomatic relations, or is otherwise prevented from discharging this function, the Deputy Director General of the International Labour Office shall be requested to appoint the chairperson, provided that he or she meets those requirements. If after 25 days no chairperson has been appointed the chairperson shall be appointed after selection by lot, from among the candidates proposed, in the presence of representatives of both Parties.

  8. If a panellist appointed by a Party withdraws, is removed or becomes unable to serve, a replacement shall be appointed by that Party within 30 days and, in cases of urgency, within 15 days, failing which the replacement shall be appointed by the other Party from among the candidates proposed for the chair in accordance with the second sentence of paragraph 4. 

  9. If the chairperson of the Review Panel withdraws, is removed or becomes unable to serve, the Parties shall endeavour to decide on the appointment of a replacement within 30 days and, in cases of urgency, within 15 days, failing which the replacement shall be appointed in accordance with paragraph 7.

  10. If an appointment pursuant to paragraph 7 or 8 would require selecting from the list of candidates proposed for chairperson and there are no remaining candidates, each Party shall propose up to three additional candidates within 30 days and, within a further seven days, the chairperson shall be appointed after selection by lot, from among the candidates proposed, in the presence of representatives of both Parties.

  11. Removal of a panellist shall take place only for the reasons and according to the procedures detailed in paragraphs 12 and 13.

  12. Any time limit applicable to the proceeding shall be suspended as of the date a panellist or the chairperson withdraws, is removed or becomes unable to serve, and shall resume on the date a replacement is appointed.
  13. Removal of a Panellist

  14. If a Party considers that a panellist or the chairperson is not in compliance with the requirements of Annex 19.8 (Code of Conduct) and for this reason must be replaced, that Party shall immediately notify the other Party.  Upon the other Party’s receipt of this notice, the Parties shall consult and, if they so decide, shall replace the panellist or the chairperson and select a replacement using the procedure set out in paragraphs 7 or 8 and, if necessary, paragraph 9. If the Parties fail to decide on the need to replace a panellist, either Party may request that the matter be referred to the chairperson, whose decision shall be final.  The chairperson shall render a decision within 10 days of the request. If the chairperson decides that the panellist should be replaced, a replacement shall be selected using the procedure set out in paragraph 7 and, if necessary, paragraph 9.

  15. If the Parties fail to decide on the need to replace the chairperson, either Party may request that the matter be referred to the two remaining panellists, whose decision shall be final. The panellists shall render a decision within 10 days of the request. If the panellists decide that the chairperson should be replaced, or if the panellists cannot reach a decision within the 10 days of the request, a replacement shall be selected using the procedure set out in paragraph 6 and, if necessary, paragraph 9.
  16. Administration of Proceedings

  17. The Party in whose territory the proceedings take place shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless the Parties decide otherwise.
  18. Conduct of the Review Panel

  19. The Parties may set a separate budget for each set of panel proceedings pursuant to Articles 12.13 and 12.14. The Parties shall contribute equally to the budget, unless they decide otherwise.

  20. The amount of remuneration of the Review Panel shall be set by the Joint Commission in accordance with Article 18.1.3(e) (Joint Commission). 

  21. The expenses of the Review Panel include travel and lodging expenses and all general expenses of the panellists and experts appointed by the Review Panel.

  22. Each panellist shall keep a record and render a final account to the Parties of their time and expenses. The chairperson shall keep a record and render a final account to the Parties of all general expenses incurred by the Review Panel.

  23. Unless the Parties decide otherwise, within 15 days after the Parties establish the Review Panel, the terms of reference shall be:

  24. “To examine, in light of the relevant provisions of Chapter Twelve (Trade and Labour) of the Canada – Israel Free Trade Agreement, the matter set out in the request referred to in Article 12.13, and whether the Party that was the object of the request has, in a trade-related matter, failed to comply with its obligations under Section A and to make findings, determinations and recommendations in accordance with Article 12.14.”

  25. For a determination under Article 12.13.4(a) of whether the matter is trade-related, the Party that has requested the Review Panel has the onus of establishing that the matter is trade-related. For a determination under Article 12.14.1(c) of whether the Party that is the object of the request has failed to comply with its obligations, the onus of establishing this non-compliance is on the Party that has requested the Review Panel and its case may be supplemented by any other information provided under Article 12.13.4(c).

  26. A Review Panel shall only release the final report to the Parties.  Panellists may furnish separate opinions on matters that are not unanimously decided.  A Review Panel shall not disclose which panellists are associated with majority or minority opinions. 
  27. Operation of Review Panels

  28. The chairperson shall preside at all of the Review Panel’s proceedings.

  29. The Review Panel may conduct its business by any appropriate means, including by telephone, facsimile transmission and video or computer links.

  30. The Review Panel, in consultation with the Parties, may employ:

    1. an assistant, interpreter, translator and stenographer as it requires to carry out its functions; and

    2. an additional reasonable number of such natural persons it deems necessary for the proceedings.

  31. Only panellists may take part in the deliberations of the Review Panel. The Review Panel may, in consultation with the Parties permit the natural persons employed by the Review Panel to be present during the Review Panel’s deliberations.

  32. The panellists and the natural persons employed by the Review Panel shall maintain the confidentiality of the Review Panel’s deliberations and any information that is protected under Article 12.16 and paragraph 25 of Annex 19.8 (Code of Conduct).
  33. Written Submissions and Other Documents

  34. Each Party shall deliver the original and a minimum of three copies of any written submission to the Review Panel and one copy to the Coordinator of the other Party. Delivery of submissions and any other document related to the Review Panel proceedings may be made by electronic mail or, if the Parties decide, by other means of electronic transmission, that provides a record of its sending. When a Party delivers physical copies of written submissions or any other document related to the Review Panel proceeding, that Party shall deliver at approximately the same time an electronic version of the submissions or other documents.

  35. The Party requesting the establishment of the Review Panel shall deliver an initial written submission no later than 10 days after the date on which the last panellist is appointed. The Party that is the object of the review, in turn, shall deliver a written counter-submission no later than 25 days after the date on which the initial written submission of the Party requesting the establishment of the Review Panel is due.

  36. The Review Panel, in consultation with the Parties, shall establish dates for the delivery of the subsequent written rebuttal submissions of the Parties and any other written submissions that the Review Panel determines are appropriate.

  37. A Party may at any time correct minor errors of a clerical nature in any written submission or other document related to the Review Panel proceeding by delivering a new document clearly indicating the changes.

  38. If the last day for delivery of a document falls on a legal holiday observed by either Party or on another day on which the government offices of either Party are closed by order of the government or by force majeure, the document may be delivered on the next business day.
  39. Role of Experts

  40. The Review Panel may seek information or expert advice from any person or body with relevant expertise or factual knowledge subject to the following terms:

    1. the requirements set out in paragraph 1(c) of Annex 12.13.3 and Article 19.8.1(f) (Qualification of Panellists) shall apply to the experts as appropriate and with any necessary modifications;

    2. before the Review Panel seeks information or advice from an expert, it shall notify the Parties of its intention to do so and identify the expert from whom the information or advice is intended to be sought.  The Review Panel shall provide the Parties with an adequate period of time to submit comments and shall take into consideration these comments.

    3. the Review Panel shall only seek information or expert advice relating to the factual or legal issues before it;

    4. the Review Panel shall provide the Parties with a copy of any information or expert advice received and provide them with an adequate period of time to submit comments and shall consider these comments; and

    5. when the Review Panel takes into consideration the information or expert advice received for the preparation of its report, it shall also take into consideration any comments submitted by either Party with respect to that information or expert advice.

    Hearings

  41. In every dispute arising under this Chapter, there shall be at least one hearing. The Review Panel may convene additional hearings in consultation with the Parties.

  42. The chairperson shall fix the date and time of the initial hearing and any subsequent hearing in consultation with the Parties and the panellists, and then notify the Parties in writing of those dates and times.

  43. Unless the Parties decide otherwise, the hearings shall take place in the territory of the Party that is the object of the review.

  44. No later than five days before the date of a hearing, each Party shall deliver to the other Party and the Review Panel a list of the names of the persons who will be present at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.

  45. Review Panels shall normally afford each Party equal time for arguments, replies and counter replies.

  46. The Review Panel shall arrange for the preparation of hearing transcripts, if any, and shall, as soon as possible after these transcripts are prepared, deliver a copy to each Party.
  47. Ex Parte Contacts

  48. The Review Panel shall not meet with or contact a Party in the absence of the other Party.  A panellist shall not discuss any aspect of the subject matter of the proceeding with the Parties in the absence of the other panellists, subject to the ability of the Review Panel to delegate to the chairperson the authority to make administrative and procedural decisions.
  49. Definitions

  50. For the purposes of this Annex: 
  51. adviser means a person retained by a Party to advise or assist the Party in connection with the panel proceeding;

    assistant means, in respect of a panellist, a natural person under the direction and control of the panellist;

    day means a calendar day;

    legal holiday means every Friday, Saturday and Sunday and any other day designated by a Party as a holiday for the purposes of this Annex;

    panellist means a member of a Review Panel established under Article 12.13; and

    representative means an employee of, or any person appointed by, a government department or agency or of another government entity of a Party.

ANNEX 12.13.4
PARTICIPATION BY NON-PARTIES

A non-governmental person of a Party may provide a written submission to the Review Panel subject to the following terms: 

  1. the non-governmental person has a substantial interest in the proceeding, including an interest in the defence of workers' rights;

  2. the written submission would assist the Review Panel in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge or insight that is different from that of the Parties;

  3. the written submission does not introduce new issues to the dispute, is within the terms of reference of the dispute as defined by the Parties, and addresses only issues of fact or law;

  4. the written submission contains a description of the non-governmental person, including as applicable a statement of its membership, ownership, legal status, general objectives, and the nature of its activities;

  5. the written submission contains a statement disclosing:

    1. whether the non-governmental person has or had any relationship,direct or indirect, with a Party;

    2. whether the non-governmental person received or will receive any assistance, financial or otherwise in the preparation of the  application for leave or the written submission; and

    3. if the non-governmental person has received any assistance referred to in sub-subparagraph (ii), the Party or person providing the assistance and the nature of that assistance;

  6. the written submission is dated and signed by the non-governmental person, and includes the address and other contact details of the non-governmental person; and

  7. the written submission is delivered to the Parties and the Review Panel.

ANNEX 12.14
MONETARY ASSESSMENTS

  1. The Review Panel shall reconvene as soon as possible after delivery of a request pursuant to Article 12.14.6.   Within 90 days of being reconvened, the Review Panel shall determine whether the terms of the action plan have been implemented or the non-compliance otherwise remedied.

  2. In the event of a negative determination pursuant to paragraph 1, the Review Panel shall provide a monetary assessment payable on an annual basis that reflects a determination of the estimated costs of implementing the action plan or, in the absence of an action plan, other appropriate measures to remedy the non-compliance.

  3. The Review Panel may adjust the monetary assessment to reflect:

    1. any mitigating factors, such as good faith efforts made by the Party to begin remedying the non-compliance after the final report of the Review Panel, good faith reasons for the Party's failure to comply with its obligations or a real likelihood that the cost of the assessment would have a negative impact on vulnerable members of society;

    2. any aggravating factors, such as the pervasiveness and duration of the Party's failure to comply with its obligations; or

    3. (c) the Party's national conditions, circumstances and needs.

  4. Unless the Council decides otherwise, a monetary assessment shall be paid to the requesting Party.  If the circumstances warrant, the Council may decide that a monetary assessment shall be paid into an interest-bearing fund established by the requesting Party for that purpose, or designated by the Council, and shall be expended at the direction of the Council to implement the action plan or other appropriate measures to remedy the non-compliance. 

  5. Ninety days from the date on which the Review Panel determines the amount of the monetary assessment pursuant to paragraph 2 or at any time thereafter, the requesting Party may provide notice in writing to the other Party demanding payment of the monetary assessment. The monetary assessment shall be paid in equal, quarterly installments beginning 120 days after the requesting Party provides the notice and ending upon the decision of the Parties or upon the date of a Review Panel determination pursuant to paragraph 6. 

  6. If the Party that was the object of the review considers that it has eliminated the non-compliance, it may refer the matter to the Review Panel by providing written notice to the other Party. The Review Panel shall be reconvened within 60 days of that notice and issue its report within 90 days of being reconvened.

  7. In Canada, the procedures for enforcement of a monetary assessment resulting from a Review Panel determination issued pursuant to paragraph 2 shall be the following:

    1. Israel may file in a court of competent jurisdiction a certified copy of a Review Panel determination only if Canada has failed to comply with the terms of a notice provided pursuant to paragraph 5 within 180 days of it being provided;

    2. when filed, a Review Panel determination, for the purposes of enforcement, shall become an order of the court;

    3. Israel may take proceedings for enforcement of a Review Panel determination that is made an order of the court, in that court, against the person in Canada against whom the Review Panel determination is addressed in accordance with Article 1.4 of Annex 12.18;

    4. proceedings to enforce a Review Panel determination that has been made an order of the court shall be conducted in Canada by way of summary proceedings, provided that the court shall promptly refer any question of fact or interpretation of the Review Panel determination to the Review Panel that made the determination, and the decision of the Review Panel shall be binding on the court;

    5. a Review Panel determination that has been made an order of the court shall not be subject to domestic review or appeal; and

    6. an order made by the court in proceedings to enforce a Review Panel determination that has been made an order of the court shall not be subject to review or appeal.

  8. If Israel has failed to comply with a notice provided pursuant to paragraph 5 within 180 days of it being provided, the procedures for enforcement of a monetary assessment resulting from a Review Panel determination shall be executed in Israel as follows:

  9. Canada may present to any competent body in Israel a certified copy of a Review Panel determination issued pursuant to paragraph 2 and may demand compliance with the Review Panel determination.  Israel shall carry out the determination and provide for the enforcement of the Review Panel determination in Israel. The Review Panel determination shall be complied with in accordance with applicable Israeli law.

  10. A change by a Party to the procedures it has adopted or maintained pursuant to this Annex that has the effect of undermining the provisions of this Annex shall be considered a violation of the obligations contained in this Chapter.

ANNEX 12.18
EXTENT OF OBLIGATIONS

Article 1: Application to the Provinces of Canada

  1. At the time of entry into force of this Agreement, Canada shall provide to Israel through diplomatic channels a written declaration with a list of any provinces for which Canada is to be bound in respect of matters within their jurisdiction.  The declaration shall be effective on the date of receipt by Israel and shall not carry any implication as to the internal distribution of powers within Canada.  Canada shall notify Israel of any modification to its declaration at any time. The modification shall have effect six months after the date of this notification.

  2. Canada shall not request the establishment of a Review Panel under Section C at the instance of the government of a province that is not included in the declaration referred to in paragraph 1.

  3. Israel shall not request the establishment of a Review Panel under Section C, concerning a matter related to labour laws of a province unless that province is included in the declaration referred to in paragraph 1.

  4. Canada shall, no later than the date on which a Review Panel is established pursuant to Article 12.13 respecting a matter within the scope of paragraph 3, notify Israel in writing of whether a recommendation of a Review Panel in a report under Article 12.14 or a monetary assessment imposed by a Review Panel under Annex 12.14 with respect to Canada shall be addressed to Her Majesty in right of Canada or Her Majesty in right of the province concerned.

  5. Canada shall endeavour to have as many of its provinces as possible accept to be added to the declaration referred to in paragraph 1.

Article 2: Application to Israel

For the State of Israel, this Chapter applies to the State of Israel and when used in a geographical sense includes the territorial sea as well as the exclusive economic zone and the continental shelf over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign rights or jurisdiction.

CHAPTER THIRTEEN
TRADE AND GENDER

Article 13.1: General Provisions

  1. The Parties acknowledge the importance of incorporating a gender perspective into the promotion of inclusive economic growth and the key role that gender-responsive policies can play in achieving sustainable economic development. Inclusive economic growth aims to distribute benefits among the entire population by providing equitable opportunities for participation of women and men in business, industry and the labour market.

  2. The Parties recall Goal 5 of the Sustainable Development Goals in the United Nations 2030 Agenda for Sustainable Development, which is to achieve gender equality and empower all women and girls. The Parties reaffirm the importance of promoting gender equality policies and practices, and building the capacity of the Parties in this area, including in non-government sectors, in order to promote equal rights, treatment and opportunity between men and women and the elimination of all forms of discrimination against women.

  3. The Parties reaffirm the obligations in Chapter Twelve (Trade and Labour) as they relate to gender. The Parties also reaffirm commitments made in Article 16.4 as they relate to gender, including the Parties’ commitments to the OECD Guidelines for Multinational Enterprises and the requirement under the Guidelines to establish a National Contact Point.

  4. The Parties acknowledge that international trade and investment are engines of economic growth, and that improving women’s access to opportunities and removing constraints in their countries enhances their possibility to engage in economic activities, both domestically and internationally, and contributes to sustainable economic development.

  5. The Parties also acknowledge that women's enhanced participation in the labour market and their economic independence and access to, and ownership of, economic resources contribute to sustainable and inclusive economic growth, prosperity, competitiveness and the well-being of society.

  6. The Parties affirm their commitment to promoting gender equality through, as appropriate, laws, regulations, policies and practices.

  7. Each Party shall domestically promote public knowledge of its gender equality laws, regulations, policies and practices.

Article 13.2: International Agreements

  1. Each Party reaffirms its commitment to implement effectively the obligations under the  Convention on the Elimination of all Forms of Discrimination Against Women, adopted by the United Nations General Assembly on 18 December 1979, and notes the general recommendations made under its Committee.

  2. Each Party reaffirms its commitment to implement effectively its obligations under other international agreements addressing gender equality or women’s rights to which it is party.

Article 13.3: Cooperation Activities

  1. The Parties acknowledge the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage women’s participation in national and international economies. Accordingly, and subject to the availability of resources, the Parties shall develop programs of cooperative activities based on their mutual interests.

  2. The aim of the cooperation activities will be to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement. These activities shall be carried out with inclusive participation of women.

  3. The Parties shall encourage the involvement of their respective government institutions, businesses, labour unions, education and research organizations, other non-governmental organizations, and their representatives, as appropriate, in the cooperation activities decided upon by the Parties.

  4. Areas of cooperation may include:

    1. encouraging capacity-building and skills enhancement of women at work and in business;

    2. promoting financial inclusion for women, including financial training, access to finance, and financial assistance;

    3. advancing women’s leadership and developing women’s networks in business and trade;

    4. developing better practices to promote gender equality within enterprises;

    5. fostering women’s representation in decision making and positions of authority in the public and private sectors, including on corporate boards;

    6. promoting female entrepreneurship and women’s participation in international trade, including by improving women’s access to, and participation and leadership in, science, technology and innovation;

    7. conducting gender-based analysis;

    8. sharing methods and procedures for the collection of sex-disaggregated data, the use of indicators, and the analysis of gender-focused statistics related to trade; and

    9. other issues as decided by the Parties.

  5. The Parties may carry out activities in the cooperation areas set out in paragraph 4 through various means as they may decide, including workshops, internships, collaborative research, specific exchanges of specialised technical knowledge and other activities as decided by the Parties.

  6. The Trade and Gender Committee established by Article 13.4 may refer any proposed cooperation activities related to labour or labour market development to the Labour Ministerial Council established by Article 12.7 (Labour Ministerial Council) for its consideration.

Article 13.4: Trade and Gender Committee

  1. The Parties hereby establish a Trade and Gender Committee (“Committee”) composed of relevant representatives from each Party.

  2. The Committee shall normally convene once a year or as decided by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter. The Committee shall:

    1. determine, organise and facilitate the cooperation activities and exchange of information under Article 13.3;


    2. report, and make recommendations as appropriate, to the Commission for its consideration on any matter related to this Chapter;

    3. discuss any matter of common interest, including joint proposals to support policies and other initiatives on trade and gender;

    4. consider matters related to the implementation and operation of this Chapter; and

    5. carry out other duties as determined by the Parties.

  3. In the performance of its duties, the Committee may work with and encourage other committees, subcommittees, working groups and other bodies established under this Agreement to integrate gender-related commitments, considerations and activities into their work.

  4. The Committee may request that the Commission refer work to be conducted under this Article to any other committees, subcommittees, working groups or other bodies established under this Agreement.

  5. The Committee may seek the advice of a non-governmental person or group, including by inviting an expert to participate in meetings.

  6. The Committee shall consider undertaking a review of the implementation of this Chapter, with a view to improving its operation and effectiveness, within five years of the entry into force of this Agreement, and periodically thereafter as the Parties decide.

  7. Each Party may report publically on the activities developed under this Chapter.

  8. To facilitate communication between the Parties regarding the implementation of this Chapter, each Party designates the Coordinator appointed pursuant to Article 18.2 (Coordinators) as its point of contact for the purposes of this Chapter.

Article 13.5: Relation to Chapter Twelve (Trade and Labour)

In the event of any inconsistency between this Chapter and Chapter Twelve (Trade and Labour), the latter shall prevail to the extent of the inconsistency.

Article 13.6: Dispute Settlement

  1. The Parties shall make all possible efforts, through dialogue, consultations and cooperation, to resolve any matter that may arise relating to this Chapter.

  2. If the Parties cannot resolve the matter in accordance with paragraph 1, they may consent to submit the matter to dispute settlement in accordance with Chapter Nineteen (Dispute Settlement).

CHAPTER FOURTEEN
SMALL AND MEDIUM-SIZED ENTERPRISES

Article 14.1: General Principles

  1. The Parties, recognising the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness of the economies of the respective Parties, shall foster close cooperation between SMEs of the Parties and cooperation in promoting the growth of and job creation by SMEs.

  2. The Parties recognise the key role of the private sector in carrying out cooperation activities under this Chapter.

Article 14.2: Information Sharing

  1. Each Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:

    1. the text of this Agreement, including all annexes, tariff schedules and product specific rules of origin;

    2. a summary of this Agreement; and

    3. information designed for SMEs that includes:

      1. a description of the provisions in this Agreement that the Party considers to be of particular interest to SMEs; and

      2. any information that the Party considers useful for SMEs interested in the opportunities provided by this Agreement.

  2. Each Party should include in the website referred to in paragraph 1 links to the:

    1. equivalent website of the other Party; and

    2. websites of its government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading or doing business in that Party’s territory.

  3. The information described in paragraph 2(b) may include:

    1. customs regulations, procedures and enquiry points;

    2. regulations and procedures concerning intellectual property rights;

    3. technical regulations, standards, conformity assessment procedures, and sanitary and phytosanitary measures relating to importation and exportation;

    4. business registration procedures;

    5. investment regulations;

    6. trade promotion programs;

    7. government procurement opportunities; and

    8. SME financing programs.

  4. When possible, each Party shall endeavour to make the information available in English.

  5. Each Party should endeavour to ensure that the information and links on the website referred to in paragraph 1 are current and accurate.

Article 14.3: Committee on SMEs

  1. The Parties hereby establish a Committee on SMEs (“the Committee”), composed of relevant representatives of each Party.

  2. The Committee shall normally convene once a year or as decided by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter. The Committee shall:

    1. identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities under this Agreement;

    2. exchange and discuss each Party’s experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, identifying commercial partners in the other Party and establishing good business credentials;

    3. review and coordinate the Committee’s work program with those of other committees, subcommittees, working groups and other bodies established under this Agreement, as well as those of other relevant international bodies, in order not to duplicate those work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in commercial opportunities provided by this Agreement;

    4. discuss current issues relating to SMEs;

    5. consider any other matter pertaining to SMEs as the Committee may decide, including any issues raised with a Party by SMEs regarding their ability to benefit from this Agreement;

    6. exchange information to assist in monitoring the implementation of this Agreement as it relates to SMEs; and

    7. report, and make recommendations as appropriate, to the Commission for its consideration on any matter related to this Chapter.

  3. The Committee may:

    1. develop and promote seminars, workshops and other activities to inform SMEs of the opportunities available to them under this Agreement as well as its provisions;

    2. explore opportunities for capacity building to assist the Parties in developing and enhancing SME export counselling, assistance and training programs;

    3. recommend additional information that a Party may include on the website referred to in Article 14.2.1;

    4. in the performance of its duties, work with and encourage committees, subcommittees, working groups and other bodies established under this Agreement to integrate SME-related commitments, considerations and activities into their work; and

    5. facilitate the development of programs to assist SMEs to participate and integrate effectively into global supply chains.

  4. The Committee may seek to collaborate with SMEs, appropriate experts and international organisations in carrying out its programs and activities.

Article 14.4: Consultations

The Parties shall make all possible efforts, through dialogue, consultations and cooperation, to resolve any matter that may arise relating to this Chapter.

Article 14.5: Non-Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.

Article 14.6: Definitions

For the purposes of this Chapter:

SME means a small and medium-sized enterprise, including a micro-sized enterprise.

CHAPTER FIFTEEN
CONDUCT OF BUSINESS

Article 15.1: Competition Law

  1. Each Party shall adopt or maintain measures to proscribe anti-competitive business conduct and take appropriate action with respect thereto, recognising that such measures will enhance the fulfilment of the objectives of this Agreement. To this end the Parties shall consult from time to time about the effectiveness of measures undertaken by each Party.

  2. Each Party recognises the importance of cooperation and coordination between their authorities to further effective competition law enforcement in the free trade area. The Parties shall cooperate on issues of competition law enforcement policy, including mutual legal assistance, notification, consultation and exchange of information relating to the enforcement of competition laws and policies in the free trade area.

  3. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Article.

Article 15.2: Monopolies and State Enterprises

  1. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.

  2. If a Party intends to designate a monopoly and the designation may affect the interests of persons of the other Party, the Party shall:

    1. wherever possible, provide prior written notification to the other Party of the designation; and

    2. (b) endeavour to introduce at the time of the designation such conditions on the operation of the monopoly as will minimise or eliminate any nullification or impairment of benefits.

  3. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any privately-owned monopoly that it designates and any government monopoly that it maintains or designates:

    1. acts in a manner that is not inconsistent with the Party's obligations under this Agreement whenever such a monopoly exercises any regulatory, administrative or other governmental authority that the Party has delegated to it in connection with the monopoly good, such as the power to grant import or export licences, approve commercial transactions or impose quotas, fees or other charges;

    2. except to comply with any terms of its designation that are not inconsistent with subparagraph (c), acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good in the relevant market, including with regard to price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale; and

    3. does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its parent, its subsidiary or other enterprise with common ownership, in anticompetitive practices in a non-monopolised market in its territory that adversely affects the other Party, including through the discriminatory provision of the monopoly good, cross-subsidisation or predatory conduct.

  4. Paragraph 3 does not apply to procurement by governmental agencies of goods for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial sale.

  5. For the purposes of this Article, “maintain” means designated prior to and existing on 1 January 1997.

Article 15.3: State Enterprises

  1. Nothing in this Agreement shall be construed to prevent a Party from maintaining or establishing a state enterprise.

  2. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any state enterprise that it maintains or establishes acts in a manner that is not inconsistent with the Party's obligations whenever such enterprise exercises any regulatory, administrative or other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licences, approve commercial transactions or impose quotas, fees or other charges.

  3. Each Party shall ensure that any state enterprise that it maintains or establishes accords non-discriminatory treatment in the sale of its goods.

Article 15.4: Definitions

For the purposes of this Chapter:

designate means to establish, designate or authorise, or to expand the scope of a monopoly to cover an additional good or service, after 1 January 1997;

monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant; and

state enterprise means an enterprise owned, or controlled through ownership interests, by a Party and with respect to Canada, means a Crown corporation within the meaning of the Financial Administration Act, R.S.C., 1985, c. F-11, as amended, and a Crown corporation within the meaning of any comparable provincial laws or equivalent entity that is incorporated under other applicable provincial laws.

CHAPTER SIXTEEN
OTHER PROVISIONS

Article 16.1: Subsidies, Countervailing and Antidumping Measures

  1. The rights and obligations of the Parties relating to subsidies and countervailing measures are governed by the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A of the WTO Agreement.

  2. The rights and obligations of the Parties relating to the application of antidumping measures are governed by the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, part of Annex 1A of the WTO Agreement.

  3. Each Party reserves the right to apply its antidumping law and countervailing duty law to goods imported from the territory of the other Party in conformity with its law and the principles of the Agreements referred to in paragraphs 1 and 2.

Article 16.2: Government Procurement

  1. The rights and obligations of the Parties relating to government procurement are governed by the Agreement on Government Procurement, contained in Annex 4 of the WTO Agreement.

  2. The Parties shall endeavour to negotiate further liberalisation of access by suppliers of the other Party to their government procurement.

Article 16.3: Temporary Entry of Business Persons

In view of the preferential trading relationship between the Parties, the Parties shall facilitate temporary entry, on a reciprocal basis, for business persons who are otherwise qualified for entry under applicable measures of the Parties relating to public health, safety and national security and governed by the principles established in the GATS, in particular the Annex on Movement of Natural Persons Supplying Services under the Agreement.

Article 16.4: Corporate Social Responsibility

  1. The Parties affirm the importance of each Party encouraging enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate into their business practices and internal policies those guidelines and principles of corporate social responsibility that have been endorsed or are supported by that Party, including the OECD Guidelines on Multinational Enterprises. These guidelines and principles address issues such as labour, environment, gender equality, community relations and anti-corruption.

  2. The Parties shall make all possible efforts, through dialogue, consultations and cooperation to resolve any matter that may arise relating to this Article.

  3. A Party shall not have recourse to dispute settlement under this Agreement for any matter arising under this Article.

CHAPTER SEVENTEEN
TRANSPARENCY

Section A – Publication, Notification and Administration of Laws

Article 17.1: Publication

  1. Each Party shall ensure that any law, regulation, procedure and administrative ruling of general application respecting a matter covered by this Agreement is promptly published or made available in a manner that enables any interested person and the other Party to become acquainted with it.

  2. To the extent required by its law, each Party shall:

    1. publish in advance a measure that it proposes to adopt; and

    2. provide any interested person and the other Party a reasonable opportunity to comment on these proposed measures.

Article 17.2: Notification and Provision of Information

  1. To the maximum extent possible, a Party shall notify the other Party of a proposed measure or an amendment to an existing measure, that the Party considers might materially affect the operation of this Agreement or substantially affect the other Party’s interests under this Agreement.

  2. Upon request of the other Party, a Party shall promptly provide information and respond to questions pertaining to an existing or proposed measure, even if the Party was previously notified of that measure.

  3. A notification or information provided pursuant to this Article is without prejudice as to whether the measure is consistent with this Agreement.

Article 17.3: Administrative Proceedings

In order to ensure that a measure of general application affecting a matter covered by this Agreement is applied in a consistent, impartial and reasonable manner, a Party shall ensure that, in an administrative proceeding involving a specific case, if a measure referred to in Article 17.1 is applied to a particular person or good of the other Party:

  1. whenever possible, a person of the other Party who is directly affected by a proceeding is given reasonable notice, in accordance with domestic procedures, when that proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of the issues;

  2. a person referred to in subparagraph (a) is afforded a reasonable opportunity to present facts and arguments in support of the person’s position prior to a final administrative action when permitted by time, the nature of the proceeding, and the public interest; and

  3. the administrative proceeding is conducted in accordance with the law of that Party.

Article 17.4: Review and Appeal

  1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the prompt review and, if warranted, correction of final administrative actions in matters covered by this Agreement. Each Party shall ensure that its respective tribunals are impartial and independent of the office or authority entrusted with administrative enforcement and do not have a substantial interest in the outcome of the matter.

  2. Each Party shall ensure that, in regard to the tribunals or procedures referred to in paragraph 1, a party to the proceeding has the right to:

    1. a reasonable opportunity to support or defend the party’s position; and

    2. a reasoned decision based on the evidence and submissions of record or the record compiled by the administrative authority if this is required by the law of the Party.

  3. Each Party shall ensure that the decisions described in paragraph 2(b) are implemented by, and govern the practice of, the offices or authorities with respect to the administrative action at issue. If these decisions are subject to appeal or review as provided in the law of that Party, the Party may wait for the conclusion of the appeal or review before ensuring the aforementioned implementation and governance.

Article 17.5: Cooperation to Promote Increased Transparency

The Parties shall cooperate, as appropriate, in bilateral, regional and multilateral forums to promote transparency regarding international trade.

Article 17.6: Definitions

For the purposes of this Section:

administrative ruling of general application means an administrative ruling or interpretation that applies to persons and situations of fact, falling within the general scope of that ruling or interpretation, and establishing a norm of conduct, but does not include:

  1. a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person or good of the other Party in a specific case; or

  2. a ruling that adjudicates with respect to a particular act or practice.

Section B – Anti-Corruption

Article 17.7: General

The Parties reaffirm their rights and obligations under the United Nations Convention Against Corruption, done at New York on 31 October 2003 and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris on 21 November 1997.

Article 17.8: Preventing and Combating Corruption and Bribery of Foreign Public Officials

The Parties recognise the importance of preventing and combating corruption and bribery of foreign public officials in international business transactions, especially for the promotion of international trade. The Parties shall cooperate in this field in accordance with their respective law and international obligations.

Article 17.9: Cooperation in International Forums

The Parties shall endeavor to cooperate and coordinate their efforts in relevant international forums to prevent and combat corruption and bribery of foreign public officials in international business transactions. The Parties shall strive to encourage and support appropriate anti-corruption initiatives and activities in relevant international forums.

CHAPTER EIGHTEEN
ADMINISTRATION OF THE AGREEMENT

Article 18.1: Joint Commission

  1. The Parties hereby establish a Joint Commission (“Commission”) composed of relevant representatives of the Parties at the Ministerial level or their designees.

  2. The Commission shall:

    1. supervise the implementation of this Agreement;

    2. review the general functioning of this Agreement;

    3. oversee the further elaboration of this Agreement;

    4. supervise the work of the bodies referred to in Annex 18.1 and any other bodies established under this Agreement;

    5. without prejudice to Chapters Eleven (Trade and Environment), Twelve (Trade and Labour) and Nineteen (Dispute Settlement), explore the most appropriate ways to address any difficulty that may arise in relation to a matter covered by this Agreement; and

    6. consider any other matter that may affect this Agreement.

  3. The Commission may:

    1. adopt interpretive decisions concerning this Agreement which shall be binding on panels established under Article 19.6 (Referral to a Dispute Settlement Panel);

    2. take any other action in the exercise of its functions as the Parties may determine;

    3. further the implementation of the objectives of this Agreement by approving any revision of:

      1. a Party’s Schedule to Annex 2.1 (Tariff Elimination) to accelerate and broaden the scope of the elimination of customs duties; and

      2. the specific rules of origin established in Annex 3.4 (Product Specific Rules of Origin);

    4. consider any amendment or modification to the rights and obligations under this Agreement; and

    5. establish the amount of remuneration and expenses to be paid to dispute settlement panellists pursuant to Rule 33 (Remuneration and Payment of Expenses) of Annex 19.9 (Rules of Procedure).

  4. At the request of the Committee on the Environment established under Article 11.14 (Committee on the Environment), the Commission may revise Annex 1.5 (Multilateral Environmental Agreements) to include a Multilateral Environmental Agreement (“MEA”), to include amendments to an MEA or to remove an MEA listed in that Annex.

  5. The revisions referred to in subparagraph 3(c) and paragraph 4 are subject to the completion of any necessary domestic procedure of each Party and take effect on a date determined by the Parties.

  6. The Commission may establish and delegate responsibilities to committees, subcommittees, working groups or other bodies. Except as otherwise provided in this Agreement, the committees, subcommittees, working groups and other bodies shall work under a mandate recommended by the Coordinators referred to in Article 18.2 and approved by the Commission.

  7. The committees, subcommittees, working groups and other bodies shall inform the Commission, sufficiently in advance, of their schedule of meetings and the agenda of those meetings. The committees, subcommittees, working groups and other bodies shall submit summaries to the Commission.

  8. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual consent.

  9. Committees, subcommittees, working groups and other bodies shall determine their own rules and procedures. All decisions of these bodies shall be taken by mutual consent.

  10. Committees, subcommittees, working groups and other bodies may make recommendations to the Commission for its consideration. The recommendations shall be made by mutual consent.

  11. The Commission, committees, subcommittees, working groups and other bodies may seek the advice of a non-governmental person or group, including by inviting an expert to participate in meetings.

  12. The Commission shall normally convene once a year, or at the written request of a Party. Unless otherwise decided by the Parties, sessions of the Commission shall be held alternately in the territory of each Party or by any technological means available.

Article 18.2: Coordinators

  1. Each Party shall appoint a Coordinator and notify the other Party of the appointment within 60 days following the entry into force of this Agreement.

  2. The Coordinators shall jointly:

    1. monitor the work of the bodies referred to in Annex 18.1 and any other bodies established under this Agreement, including communications relating to successors to those bodies;

    2. recommend to the Commission the establishment of bodies that they consider necessary to assist the Commission;

    3. coordinate preparations for Commission meetings;

    4. follow up on any decision taken by the Commission, as appropriate;

    5. receive notifications on behalf of the Commission and information provided under this Agreement and, as necessary, facilitate communications between the Parties on any matter covered by this Agreement; and

    6. consider any other matter that may affect the operation of this Agreement as mandated by the Commission.

  3. The Coordinators shall meet as often as necessary by any technological means available.

  4. Either Party may, at any time, request in writing that the Coordinators hold a special meeting. The meeting shall take place within 30 days of receipt of the request.

ANNEX 18.1
COMMITTEES, SUBCOMMITTEES, WORKING GROUPS,
OTHER BODIES AND CONTACT POINTS

  1. The Committees established are the:

    1. Committee on Trade in Goods (Article 4.8);

    2. Committee on the Environment (Article 11.14);

    3. (c) Trade and Gender Committee (Article 13.4); and

    4. (d) Committee on SMEs (Article 14.3).

  2. The Subcommittee established is the Subcommittee on Trade in Agricultural Goods (Article 4.8.4).

  3. The Working Group established is the Working Group on Rules of Origin and other Customs-Related Market Access Issues (Article 5.12).

  4. The other body established is the Labour Ministerial Council (Article 12.7).

  5. Contact points are established by:

    1. Chapter Seven (Sanitary and Phytosanitary Measures), Article 7.4 (Sanitary and Phytosanitary Contact Points);

    2. Chapter Eight (Technical Barriers to Trade), Article 8.8 (Contact Points and Committee on Trade in Goods);

    3. Chapter Eleven (Trade and Environment), Article 11.10 (National Contact Point); and

    4. Chapter Twelve (Trade and Labour), Article 12.8 (National Mechanisms).

CHAPTER NINETEEN
DISPUTE SETTLEMENT

Section A – Dispute Settlement

Article 19.1: Cooperation

The Parties shall endeavour to come to an understanding on the interpretation and application of this Agreement, and shall attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of a matter that may affect its operation.

Article 19.2: Scope and Coverage

Except for matters arising under Chapter Seven (Sanitary and Phytosanitary Measures), Chapter Ten (Intellectual Property), Chapter Eleven (Trade and Environment), Chapter Twelve (Trade and Labour), Chapter Thirteen (Trade and Gender), Chapter Fourteen (Small and Medium-sized Enterprises), Article 15.1 of Chapter Fifteen (Conduct of Business) and Article 16.4 of Chapter Sixteen (Other Provisions), and as otherwise provided in this Agreement, the provisions of this Chapter apply with respect to the settlement of disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:

  1. a measure of the other Party is inconsistent with one of its obligations under this Agreement;

  2. the other Party has otherwise failed to carry out one of its obligations under this Agreement; or

  3. there is nullification or impairment within the meaning of Annex 19.2.

Article 19.3: Choice of Forum

  1. Subject to paragraph 2, a dispute regarding a matter arising under both this Agreement and the WTO Agreement or any other free trade agreement to which both Parties are party may be settled in a forum designated under the terms of one of these agreements at the discretion of the complaining Party.

  2. Notwithstanding paragraph 1, if a Party complained against claims that a measure is subject to Article 1.5 (Relation to Environmental and Conservation Agreements) and requests in writing that the matter be considered under this Agreement, the complaining Party may resort only to the dispute settlement procedures in this Agreement.

  3. If the complaining Party requests the establishment of a dispute settlement panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of the other, unless the Party complained against makes a request pursuant to paragraph 2.

Article 19.4: Consultations

  1. A Party may request in writing consultations with the other Party regarding a matter referred to in Article 19.2.

  2. The Party requesting consultations shall deliver the request to the other Party, setting out the reasons for the request, identifying the measure or matter at issue under Article 19.2 and indicating the legal basis for the complaint.

  3. Subject to paragraph 4, the Parties, unless they decide otherwise, shall enter into consultations within 30 days of the date of receipt of the request by the other Party.

  4. In cases of urgency, including those involving a good that rapidly loses its trade value, such as perishable goods, consultations shall commence within 15 days of the date of receipt of the request by the other Party.

  5. Both Parties shall make available personnel of their governmental agencies or other regulatory bodies with expertise in the subject matter of the consultations.

  6. The Parties shall attempt to arrive at a mutually satisfactory resolution of the matter through consultations under this Article. To this end, each Party shall:

    1. provide sufficient information that is reasonably available to it to the other Party to enable a full examination of the measure or matter at issue; and

    2. treat confidential or proprietary information received in the course of consultations on the same basis as the Party providing the information.

  7. Consultations, including documents prepared specifically for the purposes of consultations, are confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.

  8. Consultations may be held in person or by any other means that the Parties decide. If consultations are held in person, they shall take place in the territory of the Party complained against, unless the Parties decide otherwise.

Article 19.5: Good Offices, Conciliation and Mediation

  1. The Parties at any time may decide to undertake an alternative method of dispute resolution, such as good offices, conciliation or mediation.

  2. The Parties shall conduct alternative methods of dispute resolution according to procedures they decide.

  3. Either Party at any time may begin, suspend or terminate proceedings established under this Article.

  4. Proceedings involving good offices, conciliation and mediation, including documents prepared specifically for the purposes of those processes, are confidential and without prejudice to the rights of the Parties in other proceedings.

Article 19.6: Referral to a Dispute Settlement Panel

  1. Unless the Parties decide otherwise, the complaining Party may refer a matter referred to in Article 19.4 to a dispute settlement panel if the matter has not been resolved:

    1. within 55 days Of the date of receipt of the request for consultations; or

    2. within 25 days of the date of receipt of the request for consultations for matters referred to in Article 19.4.4.

  2. The complaining Party shall deliver a notice of the referral to the Coordinator of the other Party in writing, indicating the reason for the referral, identifying the specific measure or other matter at issue and providing a brief summary of the legal basis of the complaint sufficient to present the problem clearly.

Article 19.7: Panel Appointment

  1. The panel shall consist of three panellists.

  2. Within 30 days of the date of receipt of the notice referred in Article 19.6, each Party shall notify the other Party of its appointment of a panellist and propose up to four candidates to serve as the chair of the panel. If a Party fails to appoint a panellist within this time, the panellist shall be appointed by the other Party from the candidates proposed for the chair by the Party that failed to appoint a panellist, if such a list exists or, in the absence of such a list, from the other Party's proposed candidates.

  3. The Parties, within 45 days of the date of receipt of the notice referred to in Article 19.6, shall endeavour to decide, from among the candidates proposed, on a panellist who will serve as chair. If the Parties fail to decide on a chair within this time period, within a further seven days the chair shall be appointed after selection by lot, from the candidates proposed, in the presence of representatives of both Parties.

  4. If a panellist appointed by a Party withdraws, is removed or becomes unable to serve, a replacement shall be appointed by that Party within 30 days and, in cases of urgency, within 15 days, failing which the replacement shall be appointed by the other Party from the candidates proposed for the chair in accordance with the second sentence of paragraph 2.

  5. If the chair of the panel withdraws, is removed or becomes unable to serve, the Parties shall endeavour to decide on the appointment of a replacement within 30 days and, in cases of urgency, within 15 days, failing which the replacement shall be appointed in accordance with the second sentence of paragraph 3.

  6. If an appointment in paragraph 4 or 5 would require selecting from the list of candidates proposed for chair and there are no remaining candidates, each Party shall propose up to three additional candidates within 30 days and, within a further seven days the chair shall be appointed after selection by lot, from the candidates proposed, in the presence of representatives of both Parties.

  7. Removal of a panellist shall take place only for the reasons and according to the procedures detailed in Rules 30 through 32 of the Rules of Procedure in Annex 19.9.

  8. Any time limit applicable to the proceeding shall be suspended as of the date a panellist or the chair withdraws, is removed or becomes unable to serve, and shall resume on the date the replacement is appointed.

Article 19.8: Qualifications of Panellists

  1. Each panellist shall:

    1. have expertise or experience in law, international trade or other matters covered by this Agreement, or in the settlement of disputes arising under international trade agreements;

    2. be chosen strictly on the basis of objectivity, impartiality, reliability and sound judgment;

    3. be independent of and not be affiliated with or employed by, or take instructions from, either Party;

    4. be a national of states having diplomatic relations with both Parties;

    5. comply with the Code of Conduct in Annex 19.8; and

    6. not have been involved in an alternative dispute settlement proceeding referred to in Article 19.5 regarding the same dispute.

  2. Panellists proposed to serve as chair shall not be nationals of either Party nor have their usual place of residence in either Party's territory.

  3. Panellists appointed by each Party, unless otherwise decided by the Parties on a case by case basis, may be nationals of the appointing Party or have their usual place of residence in its territory.

Article 19.9: Proceedings of the Panel

  1. A panel shall follow the provisions of this Chapter, including Annex 19.9. A panel, in consultation with the Parties, may establish supplementary rules of procedure that do not conflict with the provisions of this Chapter, including Annex 19.9, and ensure equal treatment between the Parties.

  2. Unless the Parties decide otherwise within 15 days of the date of receipt by the Party complained against of the notice referred to in Article 19.6, the terms of reference of the panel shall be:

  3. “To examine, in the light of the relevant provisions of the Canada – Israel Free Trade Agreement, the matter set out in the notice referred to in Article 19.6 and to make findings, determinations and recommendations as provided in Article 19.11.”


  4. If the complaining Party claims that a benefit has been nullified or impaired within the meaning of Annex 19.2, the terms of reference shall so indicate.

  5. If requested by a Party, the terms of reference of a panel shall include determining the degree of adverse trade effects on a Party of a measure found:

    1. to be inconsistent with an obligation in the Agreement; or

    2. to have caused nullification or impairment within the meaning of Annex 19.2.

  6. The panel may seek information and technical advice, subject to the Rules of Procedure in Annex 19.9.

  7. The panel may rule on its own jurisdiction.

  8. The panel may delegate to the chair authority to make administrative and procedural decisions.

  9. The panel, in consultation with the Parties, may, in light of unforeseen developments, modify a time period applicable in the panel proceedings and make other procedural or administrative adjustments required for the fairness or efficiency of the proceeding.

  10. If a Party considers a matter to be a case of urgency, including a case involving a good that rapidly loses its trade value such as perishable goods, that Party may submit a reasoned request to the panel for an accelerated time period for the panel proceedings. Upon receipt of such a request, the panel shall provide the other Party with the opportunity to comment and shall issue its decision on whether the accelerated time period will apply within 10 days of the appointment of the last panellist.

  11. The panel shall make its findings, determinations and recommendations under Article 19.11 by consensus or, in the event that the panel is unable to reach consensus, by a majority of its members.

  12. Panellists may furnish separate opinions on matters not unanimously decided. A panel shall not disclose which panellists are associated with majority or minority opinions.

  13. Unless the Parties decide otherwise, the expenses of the panel, including the remuneration of the panellists, shall be borne in equal shares by the Parties, in accordance with the Rules of Procedure in Annex 19.9.

  14. All proceedings shall be conducted in the English language or in another language if the Parties decide.

Article 19.10: Panel Suspension and Termination Procedures

  1. Prior to the issuance of the panel’s initial report, the complaining Party may request that the panel suspend its work for a period of time specified in the request and not exceeding 12 consecutive months. Upon receipt of this request, the panel shall suspend its work until it receives a request to resume its work from the complaining Party.

  2. After the issuance of the panel’s initial report, upon the request of both the Parties, the panel shall suspend its work for a period of time specified in the request. The panel shall resume its work upon receipt of a request from either Party.

  3. If there is no request for the resumption of the panel’s work by the end of the period of time specified in the request made in accordance with paragraphs 1 or 2, the proceedings shall be terminated. The termination of the panel’s work is without prejudice to the rights of either Party in another proceeding on the same matter under this Chapter.

Article 19.11: Panel Reports

  1. Unless the Parties decide otherwise, the panel shall issue reports in accordance with the provisions of this Chapter, including the Rules of Procedure in Annex 19.9.

  2. The panel shall base its reports on the provisions of this Agreement as interpreted and applied in accordance with customary rules of interpretation of public international law, the submissions and arguments of the Parties, and information and technical advice before it under the provisions of this Chapter.

  3. The panel shall issue an initial report to the Parties within 90 days and, in cases of urgency, within 60 days, of the appointment of the last panellist. This report shall contain:

    1. findings of fact and the basis upon which these findings were determined;

    2. a determination and reasoning as to whether the Party complained against has complied with its obligations under this Agreement and any other finding or determination requested in the terms of reference; and

    3. a recommendation for resolution of the dispute, if requested by a Party. This recommendation shall not include payment of monetary compensation.

  4. The initial report of the panel shall be confidential.

  5. A Party may submit written comments to the panel on its initial report, subject to time limits that may be set by the panel but not less than 14 days and, in cases of urgency, not less than 10 days after presentation of the initial report. After considering those comments, the panel, on its own initiative or on the request of a Party, may:

    1. request the views of a Party;

    2. reconsider its report; or

    3. carry out any further examination that it considers appropriate.

  6. The panel shall present to the Parties a final report within 30 days and, in cases of urgency, within 20 days of presentation of the initial report.

  7. Unless the Parties decide otherwise, the final report of the panel may be published by either Party 15 days after it is presented to the Parties, subject to Rule 20(b) of the Rules of Procedure in Annex 19.9.

Article 19.12: Implementation of the Final Report

  1. On receipt of the final report of a panel, the Parties shall decide on the implementation of the final report. Unless the Parties decide otherwise, the implementation shall conform with a determination or recommendation made by the panel.

  2. Wherever possible, the implementation shall be the removal of a measure not conforming to this Agreement or removal of the nullification or impairment within the meaning of Annex 19.2.

  3. If the Parties are unable to reach an agreement on implementation within 30 days of receipt of the final report, or within any other period as the Parties may decide, the Party complained against, if requested by the complaining Party, shall enter into negotiations with a view to agreeing on compensation.

Article 19.13: Non-Implementation – Suspension of Benefits

  1. The complaining Party, subject to paragraphs 2 and 4 and following notice to the Coordinator of the other Party, may suspend the application to the other Party of benefits of equivalent effect if:

    1. in its final report a panel determines that a measure is inconsistent with the obligations of this Agreement or that there is nullification or impairment within the meaning of Annex 19.2; and

    2. the Parties have not been able to reach an agreement on implementation within 30 days, or such other period as the Parties may decide, of receiving the final report.

  2. When a request has been made under Article 19.12.3, the complaining Party, subject to paragraph 4 and following notice to the other Party, may suspend the application to the other Party of benefits of equivalent effect only if the Parties fail to agree on compensation and 30 days, or such other period as the Parties decide, have passed since the request was made.

  3. The notice referred to in paragraph 1 shall specify the level of benefits that the complaining Party intends to suspend and the date on which the suspension will take effect, and shall be provided no later than 30 days before the date on which the suspension will take effect.

  4. In considering which benefits to suspend under paragraph 1:

    1. the complaining Party should first seek to suspend benefits or other obligations in the same sector affected by the measure or other matter that the panel has found to be inconsistent with an obligation under this Agreement or to have caused nullification or impairment within the meaning of Annex 19.2; and

    2. if the complaining Party considers it is not practicable or effective to suspend benefits or other obligations in the same sector it may suspend benefits in another sector.

  5. A complaining Party may only suspend benefits temporarily, and only until the other Party has brought the inconsistent measure or other matter into conformity with this Agreement, including as a result of the panel process described in Article 19.14, or until the Parties arrive at a resolution of the dispute.

  6. For the purposes of paragraph 5, “inconsistent measure or other matter” means a measure or other matter found by a panel to be inconsistent with the obligations of this Agreement or otherwise nullifying or impairing benefits within the meaning of Annex 19.2.

Article 19.14: Review of Compliance and Suspension of Benefits

  1. A Party, by written notice to the other Party, may request that a panel be reconvened to make a determination regarding:

    1. whether the level of benefits suspended by a Party under Article 19.13.1 is manifestly excessive; or

    2. any disagreement as to the existence or consistency with this Agreement of a measure taken to comply with the determinations or recommendations of the previously established panel.

  2. In the written notice of the request referred to in paragraph 1, the Party shall identify the specific measure or matter at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.

  3. The panel shall be reconvened when the other Party receives written notice of the request referred to in paragraph 1. In the event that a panellist is unable to serve on the reconvened panel, he or she shall be replaced under Article 19.7.4 or 19.7.5 as applicable.

  4. The provisions of Articles 19.9 and 19.10, and of Annex 19.9, shall apply to procedures adopted and a report issued by a panel reconvened under this Article, with the exception that, subject to Article 19.9.8, the panel shall present an initial report within 60 days of being reconvened if the request concerns only paragraph 1(a), and otherwise within 90 days.

  5. A panel reconvened under this Article may include in its report a recommendation, if appropriate, that a suspension of benefits be terminated or that the amount of benefits suspended be modified.

Section B – Domestic Proceedings and Private Commercial Dispute Settlement

Article 19.15: Referrals of Matters from Judicial or Administrative Proceedings

  1. If an issue of interpretation or application of this Agreement arises in a domestic, judicial or administrative proceeding of a Party that either Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify the other Party. The Commission shall endeavour to decide on an appropriate response as expeditiously as possible.

  2. The Party in whose territory the court or administrative body is located shall submit any interpretation of the Commission to the court or administrative body in accordance with the rules of that forum.

  3. If the Commission is unable to decide on the interpretation, each Party may submit its own views to the court or administrative body in accordance with the rules of that forum.

Article 19.16: Private Rights

A Party shall not provide a right of action under its law against the other Party on the ground that an act or omission of that other Party is inconsistent with this Agreement.

Article 19.17: Alternative Dispute Resolution

  1. Each Party shall encourage and facilitate the use of arbitration and other means of alternative dispute resolution to the extent possible in order to settle international commercial disputes between private parties in the free trade area.

  2. To this end, each Party shall provide appropriate procedures for the recognition of agreements to arbitrate and for the recognition and enforcement of awards in those disputes subject to the provisions of the New York Convention.

Article 19.18: Definitions

For the purposes of this Chapter:

adviser means a person retained by a Party to advise or assist the Party in connection with the panel proceeding;

assistant means, in respect of a panellist, a natural person under the direction and control of the panellist;

business confidential information means proprietary information provided by a natural person or private enterprise for the purpose of proceedings under this Chapter;

candidate means a natural person who is under consideration for appointment as a panellist of a panel;

complaining Party means a Party that requests the establishment of a panel under Article 19.6;

decision includes a determination of a question in the proceeding, including an initial, interlocutory or final decision;

expert means an expert from whom the panel seeks information and technical advice pursuant to Rule 21 of the Rules of Procedure in Annex 19.9;

former panellist means a natural person who served as a panellist on a panel;

legal holiday means every Friday, Saturday and Sunday and any other day designated by a Party as holiday for the purposes of procedures under this Chapter;

panel means a panel established under Article 19.6;

panellist means a member of a panel established under Article 19.6;

Party complained against means the Party that receives the notice of referral under Article 19.6;

proceeding means a panel proceeding under this Chapter; and

representative means an employee of, or any person appointed by, a government department or agency or of another government entity of a Party.

ANNEX 19.2
NULLIFICATION OR IMPAIRMENT

  1. If a Party considers that a benefit it could reasonably have expected to accrue to it under a provision of Chapter Three (Rules of Origin), Chapter Four (National Treatment and Market Access for Goods), Chapter Five (Customs Procedures) or Chapter Six (Trade Facilitation) is being nullified or impaired as a result of the application of a measure of the other Party that is not inconsistent with this Agreement, in the sense of Article XXIII:1(b) of the GATT 1994, the Party may have recourse to dispute settlement proceedings under this Chapter.

  2. A Party shall not invoke paragraph 1 with respect to a measure subject to the exception under Article 20.5 (Cultural Industries) or under Section B (a)(ii) of Annex 4.1 (Exceptions to Articles 4.1 (National Treatment), 4.2 (Import and Export Restrictions) and 4.7 (Export Taxes)).

ANNEX 19.8
CODE OF CONDUCT FOR PANELLISTS AND OTHERS ENGAGED
IN DISPUTE SETTLEMENT PROCEEDINGS
UNDER THE CANADA – ISRAEL FREE TRADE AGREEMENT

General Rule

  1. A candidate and a panellist shall:

    1. avoid impropriety and the appearance of impropriety;

    2. be independent and impartial;

    3. avoid direct and indirect conflicts of interests;

    4. observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved; and

    5. take appropriate measures to ensure that assistants and experts comply with this Code of Conduct.

  2. A candidate shall not accept appointment as a panellist unless the candidate is fully satisfied of his or her ability to comply with the requirements of this Code of Conduct.

  3. A panellist shall select an expert or assistant only if he or sheis fully satisfied with the ability of the expert or assistant to comply with the requirements of this Code of Conduct. The selected expert or assistant shall accept the selection only if he or she is fully satisfied of his or her ability to comply with these requirements.
  4. Disclosure Obligations

  5. A candidate shall, prior to being appointed as a panellist under Article 19.7, disclose an interest, relationship or matter that might create an appearance of impropriety or bias in the proceeding or is likely to affect the candidate’s independence or impartiality, by completing and providing to both Parties the Undertaking Form in the Appendix to this Annex. To this end, a candidate shall make reasonable efforts to become aware of any such interests, relationships and matters.

  6. An expert or assistant shall, prior to accepting an invitation to participate in panel proceedings, disclose an interest, relationship or matter that might create an appearance of impropriety or bias in the proceeding or is likely to affect the assistant’s or the expert's independence or impartiality, by completing and providing to both Parties the Undertaking Form in the Appendix to this Annex. To this end, an expert or an assistant shall make reasonable efforts to become aware of any such interests, relationships and matters.

  7. Without limiting the generality of the obligation in paragraphs 4 or 5, a candidate, expert or assistant shall disclose the following interests, relationships and matters:

    1. for the candidate, expert or assistant, or the candidate’s, expert's or assistant’s employer, partner, business associate or family member:

      1. a direct or indirect financial, business, property, professional or personal interest:

        1. in the proceeding or in its outcome, and


        2. in an administrative proceeding, a domestic court proceeding, or another panel or committee proceeding that involves an issue that may be decided in the proceeding for which the candidate, expert or assistant is under consideration, and

      2. a past or existing financial, business, professional, family or social relationship with a party that has an interest in the proceeding or their counsel; and

    2. for the candidate, expert or assistant: public advocacy, including public statements of personal opinion, or legal or other representation concerning an issue in dispute in the proceeding or involving the same type of good, service, investment, or government procurement.

  8. A candidate, expert or assistant is not required to identify interests, relationships, or matters that are unlikely to affect his or her independence or impartiality or that are unlikely to create an appearance of impropriety or bias in the proceeding. Disclosure obligations shall be interpreted and applied in the light of the need to respect the personal privacy of candidates, experts and assistants.

  9. Once selected, a panellist, expert or assistant shall continue to make all reasonable efforts to become aware of an interest, relationship or matter referred to in paragraphs 4, 5 or 6. A panellist, expert or assistant shall disclose any new relevant information in writing to the Parties as soon as they become aware of that information.

  10. A candidate, panellist, expert or assistant shall not communicate matters concerning actual or potential violations of this Code of Conduct unless the communication is to both Parties or is necessary to ascertain from a third party whether that candidate, panellist, expert or assistant has violated or may violate this Code of Conduct.

  11. Disclosures made pursuant to this Code of Conduct do not determine whether or under what circumstances the Parties will disqualify:

    1. a candidate or panellist from being appointed to or serving as a member of a panel; or

    2. an expert or assistant from participating in panel proceedings.

    Performance of Duties
  12. A panellist shall be available to perform, and shall perform, his or her duties thoroughly and expeditiously throughout the course of the proceeding.

  13. A panellist shall carry out his or her duties fairly and diligently.

  14. A panellist shall consider only those issues raised in the proceeding and necessary for a ruling, and shall not delegate the duty to another person, except as provided in the Rules of Procedure.

  15. A panellist shall ensure that he or she can be contacted at all reasonable times to conduct business relating to the proceeding.

  16. Independence and Impartiality of Panellists, Experts and Assistants
  17. A panellist, expert or assistant must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism.

  18. A panellist, expert or assistant shall not, directly or indirectly, incur an obligation or accept a benefit that would interfere, or reasonably appear to interfere, with the proper performance of the panellist’s, expert’s or assistant’s duties.

  19. A panellist, expert or assistant shall not use his or her involvement in panel proceedings to advance a personal or private interest and shall avoid conduct that may create the reasonable impression that others are in a special position to influence him or her.

  20. A panellist or assistant shall not allow financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgement.

  21. An expert shall not allow financial, business, professional, family or social relationships or responsibilities to influence or impair his or her impartiality or independence in the performance of his or her duties concerning an issue in dispute in the proceedings.

  22. A panellist, expert or assistant shall avoid entering into a relationship or acquiring a financial interest that is likely to affect his or her impartiality or that might reasonably create an appearance of impropriety or bias.

  23. A panellist shall not engage in ex parte contacts concerning the proceeding.

  24. A panellist or assistant shall exercise his or her position without accepting or seeking instructions from any international, governmental or non-governmental organisation or any private source. The panellist, expert or assistant shall not have intervened in any previous stage prior to the proceedings unless otherwise decided by the Parties.

  25. A natural person acting as an expert in his or her own capacity shall exercise his or her duties without accepting or seeking instructions from any international, governmental or non-governmental organisation or any private source concerning an issue in dispute in the proceedings.

  26. Obligations of Former Panellists, Experts and Assistants
  27. A former panellist, expert or assistant shall avoid conduct that may create the appearance that the former panellist, expert or assistant was biased in carrying out his or her duties or derived advantage from the decision or ruling of the panel.
  28. Confidentiality

  29. A candidate, panellist, former panellist, expert or assistant shall not:

    1. disclose or use confidential information concerning the proceeding, or acquired during the proceeding, except for the purposes of the proceeding or except as required by law;

    2. disclose a panel ruling or part of a ruling prior to its publication in accordance with Article 19.11.7;

    3. make a public statement about the proceeding; or

    4. disclose the issues in dispute, the deliberations of the panel or a panellist's view.

  30. In case the disclosure referred to in paragraph 25(a) is required by law, the candidate, panellist, former panellist, expert or assistant shall provide sufficient advance notice to the Parties and the disclosure shall not be broader than necessary to satisfy the legitimate purpose of the disclosure.

  31. Good Offices, Conciliation, and Mediation
  32. In the event of recourse to Article 19.5, the Parties shall determine which provisions of this Code of Conduct shall apply.

APPENDIX TO ANNEX 19.8
UNDERTAKING FORM FOR USE BY PANELLISTS
AS WELL AS ASSISTANTS AND EXPERTS PARTICIPATING
IN PANEL PROCEEDINGS

Canada-Israel Free Trade Agreement

Undertaking

In the Matter of Proceeding (title)

I have read the Code of Conduct for Dispute Settlement Procedures for the Canada-Israel Free Trade Agreement 1 and affirm that I comply with the standards set out in that Code of Conduct.

To the best of my knowledge there is no reason why I should not accept appointment as a panellist /assistant/ expert in this proceeding.

The following matters could potentially be considered to affect my independence or impartiality, or might create an appearance of impropriety or an apprehension of bias in the proceeding:

(Set out the details of any interests covered by paragraphs 4 and 5 and, in particular, all relevant information covered by paragraph 6.)

I recognise that, once appointed, I have a continuing duty to uphold all obligations specified in this Code of Conduct, including to make all reasonable efforts to become aware of any interest, relationship or matter referred to in this Code of Conduct that may arise during any stage of the proceeding. I will disclose in writing any applicable interest, relationship or matter to the Parties as soon as I become aware of it.

Signature

Name

Date

ANNEX 19.9
RULES OF PROCEDURE

Application

  1. The following rules of procedure apply to a dispute settlement proceeding under Chapter Seventeen of this Agreement, unless the Parties decide otherwise.
  2. Administration of Proceedings

  3. The Party in whose territory the proceedings take place shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless the Parties decide otherwise.
  4. Written Submissions and Other Documents

  5. Each Party shall deliver the original and a minimum of three copies of any written submission to the panel and one copy to the Coordinator of the other Party. Delivery of submissions and any other document related to the panel proceeding may be made by electronic mail or, if the Parties decide, by other means of electronic transmission, that provides a record of its sending. When a Party delivers physical copies of written submissions or any other document related to the panel proceeding, that Party shall deliver at approximately the same time an electronic version of the submissions or other documents.

  6. The complaining Party shall deliver an initial written submission no later than 10 days after the date on which the last panellist is appointed. The Party complained against, in turn, shall deliver a written counter-submission no later than 25 days after the date on which the initial written submission of the complaining Party is due.

  7. The panel, in consultation with the Parties, shall establish dates for the delivery of the subsequent written rebuttal submissions of the Parties and any other written submissions that the panel determines are appropriate.

  8. At any time, a Party may correct minor errors of a clerical nature in any written submission or other document related to the panel proceeding by delivering a new document clearly indicating the changes.

  9. If the last day for delivery of a document falls on a legal holiday observed by either Party or on another day on which the government offices of either Party are closed by order of the government or by force majeure, the document may be delivered on the next business day.

  10. Operation of Panels
  11. The chair shall preside at all of the panel’s meetings.

  12. The panel may conduct its business by any appropriate means, including by telephone, facsimile transmission and video or computer links.

  13. The panel, in consultation with the Parties, may employ:

    1. an assistant, interpreter, translator or stenographer as it requires to carry out its functions; and

    2. an additional reasonable number of such natural persons it deems necessary for the proceedings.

  14. Only panellists may take part in the deliberations of the panel. The panel may, in consultation with the Parties, permit the natural persons employed by the panel to be present during the panel’s deliberations.

  15. The panellists and the natural persons employed by the panel shall maintain the confidentiality of the panel’s deliberations and any information that is protected under Rule 20 and paragraphs 25 and 26 of Annex 19.8.

  16. Hearings
  17. In every dispute arising under Chapter Nineteen of this Agreement, there shall be at least one hearing. The panel may convene additional hearings in consultation with the Parties.

  18. The chair shall fix the date and time of the initial hearing and any subsequent hearing in consultation with the Parties and the panellists, and then notify the Parties in writing of those dates and times.

  19. Unless the Parties decide otherwise, the hearings shall take place in the territory of the Party complained against.

  20. No later than five days before the date of a hearing, each Party shall deliver to the other Party and the panel a list of the names of the persons who will be present at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.

  21. Panels shall normally afford the complaining Party and the Party complained against equal time for arguments, replies and counter replies.

  22. The panel shall arrange the preparation of hearing transcripts, if any, and shall, as soon as possible after these transcripts are prepared, deliver a copy to each Party.

  23. Unless the Parties decide otherwise, hearings shall be open to the public, except as necessary to protect information designated by either Party under Rule 20 for confidential treatment. The panel shall, in consultation with the Parties, adopt appropriate logistical arrangements and procedures to ensure that hearings are not disrupted by the attendance of the public. These procedures may include, among other things, the use of live web-broadcasting or of closed-circuit television.

  24. The Parties, their advisers and representatives shall maintain the confidentiality of the panel's initial report, and all written submissions to, and communications with, the panel, in accordance with the following procedures:

    1. a Party may make available to the public at any time its own written submissions;

    2. each Party shall ensure that information designated by either Party for treatment as confidential information, in particular business confidential information, is protected;

    3. a Party shall, upon request of the other Party, provide a non-confidential version of its written submissions, transcript of oral statements and written responses to requests or questions from the panel that may be made available to the public; and

    4. each Party shall take such reasonable steps as necessary to ensure that its experts, interpreters, translators, court reporters and other persons involved in the panel proceedings maintain the confidentiality of the panel proceedings.

    Role of Experts
  25. At the request of a Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, subject to Rules 22 through 27 and additional terms and conditions as the Parties may decide. The requirements set out in Article 19.8.1(b), (c), (e) and (f) shall apply to the experts as appropriate.

  26. Before the panel seeks information or technical advice, it shall notify the Parties of its intention to seek information or technical advice under Rule 21 and the reasons for seeking it. In addition, the panel shall identify the expert from whom the information or technical advice is sought. The panel shall provide the Parties with an adequate period of time to submit comments and take into consideration these comments.

  27. The panel shall only seek information or technical advice relating to the factual or legal issues before it.

  28. The panel shall set a reasonable time limit for the submission of the information or the technical advice under Rule 21, which shall normally be no longer than 60 days.

  29. If information or technical advice is sought under Rule 21, the panel may suspend any time limit applicable to the panel proceedings until the date the information or the technical advice is delivered to the panel.

  30. The panel shall provide the Parties with a copy of any information or technical advice received under Rule 21 and provide them with an adequate period of time to submit comments.

  31. If the panel takes into consideration the information or technical advice received under Rule 21 for the preparation of its report, it shall also take into consideration any comments or observations submitted by the Parties with respect to that information or technical advice.

  32. Burden of Proof
  33. A complaining Party asserting that a measure of the other Party is inconsistent with the provisions of this Agreement shall have the burden of establishing that inconsistency. If the Party complained against asserts that a measure is subject to an exception or exemption under this Agreement, it shall have the burden of establishing that the exception or exemption applies.

  34. Ex Parte Contacts
  35. The panel shall not meet with or contact a Party in the absence of the other Party. Subject to Article 19.9.7, a panellist shall not discuss any aspect of the subject matter of the proceeding with the Parties in the absence of the other panellists.

  36. Removal of a panellist
  37. If a Party considers that a panellist or the chair is not in compliance with the requirements of the Code of Conduct and for this reason must be replaced, that Party shall immediately notify the other Party. Upon receipt of this notice, the Parties shall consult and, if they so decide, shall replace the panellist or the chair and select a replacement using the procedure set out in Article 19.7.4 or 19.7.5 and, if necessary, Article 19.7.6.

  38. If the Parties fail to decide on the need to replace a panellist, either Party may request that the matter be referred to the chair of the panel, whose decision shall be final. The chair shall render a decision within 10 days of the request. If the chair decides that the panellist should be replaced, a replacement shall be selected using the procedure set out in Article 19.7.4 and, if necessary, Article 19.7.6.

  39. If the Parties fail to decide on the need to replace the chair, either Party may request that the matter be referred to the two remaining panellists, whose decision shall be final. The panellists shall render a decision within 10 days of the request. If the panellists decide that the chair should be replaced, or if the panellists cannot reach a decision within the 10 days of the request, a replacement shall be selected using the procedure set out in Article 19.7.5 and, if necessary, Article 19.7.6.

  40. Remuneration and Payment of Expenses
  41. For the purposes of Article 19.9.12:

    1. the amount of remuneration of the panel shall be set by the Joint Commission in accordance with Article 18.1.3(e) (Joint Commission); and

    2. the expenses of the panel include travel and lodging expenses and all general expenses of the panellists and experts appointed by the panel.

  42. Each panellist shall keep a record and render a final account to the Parties of their time and expenses. The chair of the panel shall keep a record and render a final account to the Parties of all general expenses.
  43. Amicus Curiae Submissions

  44. Unless otherwise decided by the Parties, a panel may, on application, grant leave to a non-governmental person of a Party to file a written submission. An application for leave to file a written submission shall conform to the requirements of paragraph 2 of the Appendix to this Annex. In making its decision to grant leave, the panel shall consider, among other things:

    1. whether there is a public interest in the proceeding;

    2. whether the non-governmental person has a substantial interest in the proceeding, which requires establishing more than an interest in the development of trade law jurisprudence, the interpretation of this Agreement, or in the subject matter of the dispute;

    3. whether the written submission would assist the panel in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge or insight that is different from that of the Parties; and

    4. any submissions by the Parties on the application for leave.

  45. If the panel has granted leave to a non-governmental person to file a written submission, the panel shall ensure that:

    1. the written submission conforms to the requirements in paragraph 6 of the Appendix to this Annex;

    2. the written submission does not introduce new issues to the dispute, is within the terms of reference of the dispute as defined by the Parties, and addresses only the issues of fact and law that the non-governmental person described in its application for leave;

    3. the written submission avoids disrupting the proceeding and preserves the equality of the Parties; and

    4. the Parties have the opportunity to respond to the written submission.

APPENDIX TO ANNEX 19.9
PROCEDURES APPLICABLE TO WRITTEN SUBMISSIONS
BY A NON-GOVERNMENTAL PERSON

  1. A non-governmental person of a Party that wishes to file a written submission with a panel may apply for leave from the panel to file a submission within 20 days after the last panel member is selected.

  2. The application for leave must:

    1. contain a description of the non-governmental person, including, as applicable, a statement of its membership, ownership, legal status, general objectives and the nature of its activities;

    2. identify the specific issues of fact and law the non-governmental person will address in its submission;

    3. explain how the non-governmental person’s submission would assist the panel in the determination of a factual or legal issue related to the dispute by bringing a perspective, particular knowledge or insight that is different from that of the Parties; and

    4. contain a statement disclosing:

      1. whether the non-governmental person has or had any relationship, direct or indirect, with a Party, or

      2. whether the non-governmental person received or will receive anyassistance, financial or otherwise, in the preparation of the entity’s application for leave or its submission, and

      3. if the non-governmental person has received any assistance referred to in sub-paragraph (ii), the Party or person providing the assistance and the nature of that assistance;

    5. be made in writing, dated and signed by the non-governmental person, and include the address and other contact details of the entity;

    6. be no longer than five double-spaced typed pages, including any appendices;

    7. be made in the English language or in another language if the Parties decide, consistent with Article 19.9.13; and

    8. be delivered to the Parties and the Panel.

  3. The panel shall set an appropriate date by which the Parties may comment on the application for leave.

  4. The panel shall review the application for leave, together with any comments made by the Parties. The panel shall then, without delay, decide whether to grant the non-governmental person leave to file a written submission.

  5. If leave is granted, the panel shall set the date for delivery of the non-governmental person’s written submission, and the date for delivery of any responses to that submission by the Parties. The panel shall set all of those dates prior to the date of the initial hearing set under Rule 14.

  6. The written submission of the non-governmental person must:

    1. be dated and signed by the non-governmental person;

    2. be no longer than 20 double-spaced typed pages, including any appendices;

    3. address only the issues of fact and law that the non-governmental person described in its application for leave ;

    4. be made in a language notified by a Party in accordance with Article 19.9.13; and

    5. be delivered to the Parties and the panel.

  7. A panel is not required to address in its report any issue raised in a written submission by a non-governmental person.

CHAPTER TWENTY
EXCEPTIONS

Article 20.1: General Exceptions

For the purposes of Chapters Two (Tariff Elimination and Related Matters), Three (Rules of Origin), Four (National Treatment and Market Access for Goods), Five (Customs Procedures), Six (Trade Facilitation), Seven (Sanitary and Phytosanitary Measures), Eight (Technical Barriers to Trade), Nine (Electronic Commerce), Fifteen (Conduct of Business) and Seventeen (Transparency), and Article 16.3 (Temporary Entry of Business Persons), Article XX (General Exceptions) of the GATT 1994 is incorporated into and made part of this Agreement with any necessary modifications. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health. The Parties further understand that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

Article 20.2: National Security

This Agreement does not:

  1. require a Party to furnish, or allow access to, any information if that Party determines that the disclosure of the information would be contrary to its essential security interests;

  2. prevent a Party from taking any action that it considers necessary to protect its essential security interests:

    1. relating to the traffic in arms, ammunition and implements of war, and to traffic and transactions in other goods, materials, services, and technology undertaken directly or indirectly for the purposes of supplying a military or other security establishment;

    2. taken in time of war or other emergency in international relations; or

    3. relating to the implementation of a national policy or international agreement respecting the non-proliferation of biological, chemical, nuclear weapons, or other nuclear explosive devices; or

  3. prevent a Party from taking any action in order to carry out its international obligations for the purposes of maintaining international peace and security.

Article 20.3: Taxation

  1. This Agreement does not apply to taxation measures.

  2. Notwithstanding paragraph 1:

    1. Article 4.1 (National Treatment) and the other provisions of this Agreement necessary to give effect to that Article shall apply to a taxation measure to the same extent as does Article III of the GATT 1994; and

    2. Article 4.7 (Export Taxes) shall apply to a taxation measure.

  3. This Agreement does not affect the rights and obligations of a Party under a tax convention. In the event of inconsistency between this Agreement and a tax convention, the tax convention prevails to the extent of the inconsistency.

Article 20.4: Balance of Payments

The rights and obligations of the Parties relating to balance of payments are governed by the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A of the WTO Agreement.

Article 20.5: Cultural Industries

Measures affecting cultural industries are exempt from the provisions of this Agreement, except as specifically provided in Article 2.1 (Tariff Elimination).

Article 20.6: WTO Waivers

  1. To the extent that there are overlapping rights and obligations in this Agreement and the WTO Agreement, any measure adopted by a Party in conformity with a waiver decision adopted by the WTO pursuant to paragraph 3 of Article IX (Decision-Making) of the WTO Agreement, is deemed to be also in conformity with this Agreement.

  2. Without derogating from paragraph 1, in the event that a Party considers that a measure adopted by the other Party in conformity with a waiver decision of the WTO affects the trade between the Parties, that Party may request holding discussions with the other Party with a view to finding an appropriate solution.

Article 20.7: Disclosure of Information

This Agreement does not require a Party to furnish, or allow access to information the disclosure of which would be contrary to the law of that Party, including law protecting the deliberative and policy-making processes of the executive branch of government, or that would impede law enforcement or otherwise be contrary to public interest, or which would prejudice the legitimate commercial interests of particular enterprises.

Article 20.8: Definitions

For the purposes of this Chapter:

cultural industries means persons engaged in any of the following activities:

  1. the publication, distribution, or sale of books, magazines, periodicals or newspapers in print or machine readable form, but not including the sole activity of printing or typesetting any of the foregoing;

  2. the production, distribution, sale or exhibition of film or video recordings;

  3. the production, distribution, sale or exhibition of audio or video music recordings;

  4. the publication, distribution or sale of music in print or machine readable form; or

  5. radio communications in which the transmissions are intended for direct reception by the general public, radio, television and cable broadcasting undertakings and satellite programming and broadcast network services;

tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement;

taxation measures does not include:

  1. a “customs duty” as defined in Article 2.4 (Definitions); or

  2. a measure listed in exceptions (b) and (c) to that definition

CHAPTER TWENTY-ONE
FINAL PROVISIONS

Article 21.1: Annexes, Appendices and Footnotes

The annexes, appendices and footnotes to this Agreement constitute integral parts of this Agreement.

Article 21.2: Amendments

  1. This Agreement may be amended in writing by mutual consent of the Parties.

  2. An amendment shall enter into force on a date decided upon by the Parties following the date of the latter diplomatic note by which the Parties notify each other that their respective internal legal procedures required for the entry into force of the amendment have been completed.

  3. An amendment shall constitute an integral part of this Agreement.

Article 21.3: Entry into Force

This Agreement shall enter into force on the date of the entry into force of the Canada – Israel Free Trade Amending Protocol 2018, to which this Agreement is an Appendix.

Article 21.4: Termination

This Agreement shall remain in force unless terminated by either Party by giving notice in writing by diplomatic note. This Agreement shall terminate six months after the date of that diplomatic note.

Article 21.5: Review

Without prejudice to the obligations to review specific obligations of this Agreement, the Parties undertake to review this Agreement within five years of the entry into force of this Agreement and periodically thereafter as the Parties decide, in the light of further developments in international trade relations including in the framework of the WTO and to examine in this context and in the light of any relevant factors, the possibility of further developing and deepening the cooperation under this Agreement and to extend it to areas not covered therein.


Footnotes

Chapter 2:

1. For reference purposes, Excise Act, 2001 in the description of tariff items 2207.20.11 and 2207.20.12 refers to the Excise Act, 2001  (S.C. 2002, c. 22), as amended.

2. For reference purposes, in the description of this tariff item “this Chapter” refers to Chapter 24 of the Schedule to the Customs Tariff  (S.C. 1997, c. 36), as amended.

* Subject to paragraph 6 of Annex 2.1 of Chapter Two (Tariff Elimination and Related Matters).

** For tariff items where there is a TRQ, the percentage reduction of the base rate shall apply to goods imported in excess of the TRQ annual volume.

Chapter 3:

1. Non-Party for the purposes of Article 3.13 means the United States of America.

2. This provision will apply to the Member States of the European Union on the date of entry into force of the Canada-European Union Comprehensive Economic and Trade Agreement.

Chapter 4:

1. For matters arising under Chapter Seven (Sanitary and Phytosanitary Measures), the Committee shall carry out its functions in consultation with the competent authorities referred in that Chapter.

2. Where an issue has been discussed, including pursuant to Article 7.7 (Sanitary and Phytosanitary Issue Avoidance and Resolution), the Sub-Committee on Trade in Agricultural Goods shall endeavour to avoid duplication of efforts.

Chapter 7:

1. For greater certainty, this Article does not oblige the exchange of information protected from disclosure under Article 20.7 (Disclosure of Information).

Chapter 19:

1. Signatories of the Undertaking are advised that some terms used in the Code are defined in Article 19.18 or Article 1.7 (Definitions of General Application).