Соглашение от 21.12.2025 "Соглашение о свободной торговле между Евразийским экономическим союзом и его государствами-членами, с одной стороны, и Республикой Индонезия, с другой стороны"

The Eurasian Economic Union (hereinafter referred to as "the EAEU") and the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, and the Russian Federation (hereinafter referred to as "the EAEU Member States"), of the one part, and the Republic of Indonesia (hereinafter referred to as "Indonesia"), of the other part,

Recognising the importance of strengthening and enhancing the longstanding and strong friendship and cooperation between the Parties;

Desiring to create favourable environments and conditions for the growth of mutually beneficial trade relations and for the promotion of economic cooperation between the Parties in the areas of mutual interest;

Desiring to reduce or eliminate barriers to trade between the Parties in order to ensure lowered business costs and enhanced economic efficiency;

Recognising the need to uphold the principles and practices which promote free and unhindered trade in a predictable, transparent and non-discriminatory manner;

Acknowledging the importance of trade facilitation in promoting efficient and transparent procedures to reduce costs and ensure predictability of the market; and

Emphasising the need for further promotion of mutual cooperation between the Parties on the basis of mutual trust, transparency, and principles of fair and mutually beneficial trade facilitation;

Have agreed as follows:

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

The objective of this Agreement is to liberalise and facilitate trade between the Parties in accordance with the provisions of this Agreement.

For the purposes of this Agreement, unless otherwise specified in this Agreement:

"Anti-Dumping Agreement" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 contained in Annex 1A to the WTO Agreement;

"customs duty" means any duty or <*> charge of any kind imposed on or in connection with the importation of a good, but does not include any:

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<*> For greater certainty, the term "or" is used in an inclusive nature (that is to say, "either [A] or [B], or both") throughout this Agreement. Where the term "or" is intended to be used in an exclusive nature (that is to say, "either [A] or [B], but not both"), then this is articulated using the formulation, "either [A] or [B]".

(a) charge equivalent to an internal tax imposed consistently with Article III of the GATT 1994;

(b) fee or other charge in connection with the importation commensurate with the costs of services rendered; or

(c) duty imposed consistently with Chapter 5 (Trade Remedies);

"day" means a calendar day including weekends and holidays;

"Eurasian Economic Commission" means the permanent regulatory body of the EAEU in accordance with the Treaty on the Eurasian Economic Union of 29 May 2014 (hereinafter referred to as "the Treaty on the EAEU");

"GATT 1994" means the General Agreement on Tariffs and Trade 1994, including its notes and supplementary provisions contained in Annex 1A to the WTO Agreement;

"good(s)" means any merchandise, product, article or material;

"Harmonized System" or "HS" means the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System, done on 14 June 1983 as adopted and implemented by the Parties in their respective laws and regulations;

"Import Licensing Agreement" means the Agreement on Import Licensing Procedures contained in Annex 1A to the WTO Agreement;

"Joint Committee" means the Joint Committee established in accordance with Article 14.1 (Establishment of the Joint Committee);

"measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form;

"originating goods" means goods that fulfil the origin criteria of Chapter 3 (Rules of Origin);

"Parties" means the Member States of the Eurasian Economic Union and the Eurasian Economic Union acting jointly or individually within their respective areas of competence as derived from the Treaty on the EAEU, of the one part, and Indonesia, of the other part;

"person" means a natural person or a juridical person;

"preferential tariff treatment" means tariff concessions granted to originating goods pursuant to the Schedules of Tariffs Commitments set out in Annex 1 (Schedules of Tariff Commitments);

"Safeguards Agreement" means the Agreement on Safeguards contained in Annex 1A of the WTO Agreement;

"SCM Agreement" means the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement;

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

"TBT Agreement" means the Agreement on Technical Barriers to Trade contained in Annex 1A to the WTO Agreement;

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

"WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994; and

"WTO" means the World Trade Organization.

Except as otherwise provided in this Agreement, this Chapter applies to trade in goods between the Parties.

1. Article I of the GATT 1994 as well as any exception, exemption and waivers to the obligation to grant treatment set out in Article I of the GATT 1994 applicable under the WTO Agreement are incorporated into and form part of this Agreement.

2. The provisions of paragraph 1 of this Article shall not apply to preferences:

(a) to adjacent countries for the purposes of facilitating frontier traffic;

(b) to the participants of a customs union, free trade area or regional economic organisation, or any other regional trade agreements as defined in Article XXIV of GATT 1994; or

(c) granted by a Party to developing and least developed countries in accordance with general scheme of tariff preferences.

The Parties shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes. To this end, Article III of the GATT 1994 and its interpretative notes, as well as any exceptions, exemptions and waivers to grant such treatment in accordance with Article III of the GATT 1994, are incorporated into and form part of this Agreement.

1. The classification of goods in trade between the Parties shall be governed by each Party's respective tariff nomenclature in conformity with the HS and its amendments.

2. Each Party shall ensure that any change to its tariff nomenclature shall be carried out without impairing tariff concessions undertaken in accordance with Annex 1 (Schedules of Tariff Commitments). Such change to the Foreign Economic Activity Commodity Nomenclature of the EAEU and the Indonesian Trade Classification shall be carried out by the Eurasian Economic Commission and Indonesia, respectively.

1. Except as otherwise provided in this Agreement, each Party shall reduce or eliminate customs duties on originating goods of the other Party in accordance with its Schedule of Tariff Commitments in Annex 1 (Schedules of Tariff Commitments).

2. Except as otherwise provided in this Agreement, a Party shall not increase any existing customs duty or adopt any new customs duty on an originating good exceeding the level specified in its Schedule of Tariff Commitments in Annex 1 (Schedules of Tariff Commitments).

3. If the most-favoured-nation (hereinafter referred to as "MFN" in this

Chapter) rate of customs duty applied by a Party on a particular good is lower than the rate of customs duty provided for in its Schedule of Tariff Commitments in Annex 1 (Schedules of Tariff Commitments), that Party shall:

(a) apply the lower rate to the originating good of the other Party; and

(b) publish changes to the MFN rate on the Internet.

1. Upon request of a Party, the other Party shall consult with the requesting

Party to consider accelerating, improving or broadening the scope of the elimination of customs duties as set out in their Schedules of Tariff Commitments in Annex 1 (Schedules of Tariff Commitments).

2. Further arrangements between the Parties to accelerate or broaden the scope of the elimination of a customs duty on a good (or to include a good in Annex 1 (Schedules of Tariff Commitments) shall supersede any duty rate or staging category determined pursuant to their respective Schedules upon its incorporation into this Agreement in accordance with Article 15.1 (Amendments).

3. Nothing in this Agreement shall prohibit a Party from unilaterally accelerating or broadening the scope of the elimination of customs duties set out in its Schedule of Tariff Commitments in Annex 1 (Schedules of Tariff Commitments) on originating goods. Any such unilateral acceleration or broadening of the scope of the elimination of customs duties will not permanently supersede any duty rate or staging category determined pursuant to their respective Schedule nor serve to waive that Party's right to raise the customs duty back to the level established in its Schedule of Tariff Commitments in Annex 1 (Schedules of Tariff Commitments) following a unilateral reduction.

1. Article VIII of the GATT 1994 as well as any exceptions, exemptions and waivers to the obligations set out in Article VIII of the GATT 1994 applicable under the WTO Agreement are incorporated into and form part of this Agreement.

2. Each Party shall promptly make information available on the Internet regarding the fees and charges it imposes in connection with importation or exportation.

The customs value of goods traded between the Parties shall be determined in accordance with the customs laws and regulations of the importing Party based on the provisions of Article VII of the GATT 1994 and the Agreement on Implementation of Article VII of the General Agreement of Tariff and Trade 1994.

Except as otherwise provided in this Agreement, neither Party shall 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 its WTO rights and obligations, and to this end Article XI of the GATT 1994 and its interpretative notes are incorporated into and form part of this Agreement.

1. Each Party shall ensure that its import licensing procedures, as defined in Articles 1 through 3 of the Import Licensing Agreement, are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. To this end, Articles 1 through 3 of the Import Licensing Agreement are incorporated into and form part of this Agreement.

2. Upon request of a Party, the other Party shall to the extent practicable provide information concerning its implementation of import licensing procedures in a reasonable period of time.

3. Promptly after entry into force of this Agreement, each Party shall notify the other Party of its existing import licenses, if any. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement.

4. A Party shall be deemed to be in compliance with paragraph 3 of this Article with respect to an existing import licensing procedure if:

(a) it has notified that procedure to the Committee on Import Licensing established in accordance with Article 4 of the Import Licensing Agreement together with the information specified in paragraph 2 of Article 5 of that Agreement; or

(b) with respect to that procedure, it has provided to the Committee on Import Licensing, the information requested in the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, in that Party's most recent annual submission due before entry into force of this Agreement.

1. The Parties recognise the utilization of countertrade as an alternative mechanism in international trade that may facilitate trade flow and thus promote economic developments.

2. The Parties endeavour to facilitate countertrade transactions between their private sectors. Nothing in this Article shall be construed to prevent a Party from authorising its relevant bodies to take a measure to goods in any manner consistent with its laws and regulations.

3. The Parties shall exchange and provide upon request, information relevant to the governance of counter trade including applicable laws and regulations.

4. For greater certainty, nothing in this Article shall be construed to modify the rights and obligations of the Parties under international trade agreements to which the respective Party is a party.

1. The Parties recognise the value of preferential trade data to accurately analyse the implementation of this Agreement. The Parties shall cooperate with a view to conducting periodic exchanges of data relating to trade in goods between the Parties.

2. The Parties may engage in such periodic exchanges within the Sub-Committee on Trade in Goods pursuant to Article 14.3 (Establishment of the Sub-Committees) for such purposes or any purposes as the Joint Committee may determine.

The Rules of Origin provided for in this Chapter shall be applied only for the purposes of granting preferential tariff treatment in accordance with this Agreement.

For the purposes of this Chapter:

"aquaculture" means farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from feedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from predators;

"authorised body" means the competent entity (organisation) and/or governmental authority designated by a Party to issue a Certificate of Origin under this Agreement;

"commercial documents" means the documents used in foreign trade and other activities as well as to confirm effecting transactions related to movement of goods across the customs border of a Party, such as invoices, specifications, shipping or packing lists and other documents;

"consignment" means goods that are sent simultaneously covered by one or more transport documents to the consignee from the exporter;

"exporter" means a person registered in the territory of a Party <*> who exports goods from the exporting Party in accordance with the applicable laws and regulations of the exporting Party;

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<*> Without prejudice to the provisions of Article 3.25 (Third Country Invoicing)

"FOB value" means the free-on-board value of the goods, inclusive of the cost of transport to the port or site of final shipment abroad in accordance with the International Commercial Terms 2020;

"importer" means a person who imports goods into the importing Party in accordance with the applicable laws and regulations of the importing Party;

"goods" means any merchandise, products or articles being obtained or produced, even if they are intended for later use in another production operation as materials;

"material" means any matter or substance including ingredient, raw material, component or part used or consumed in the production of goods or physically incorporated into goods or subjected to a process in the production of other goods;

"non-originating goods" or "non-originating materials" means goods or materials that do not fulfil the origin criteria of this Chapter and/or goods or materials of undetermined origin;

"originating goods" or "originating materials" means goods or materials that fulfil the origin criteria of this Chapter;

"producer" means a person who carries out production in the territory of a Party;

"production" means methods of obtaining goods including growing, mining, harvesting, raising, breeding, extracting, gathering, capturing, fishing, hunting, manufacturing, processing or assembling such goods;

"Proof of Origin" means Certificate of Origin or Declaration of Origin provided for in this Chapter; and

"verification authority" means the competent governmental authority designated by a Party to conduct verification procedures.

For the purposes of this Chapter, goods shall be considered as originating in a Party if they are:

(a) wholly obtained or produced entirely in the territory of that Party as set out and defined in Article 3.4 (Wholly Obtained or Produced Goods);

(b) produced in the Party exclusively from materials originating in one or more Parties; or

(c) produced in the Party using non-originating materials provided that the goods have a qualifying value content (hereinafter referred to as "QVC") of not less than 40 (forty) per cent of the FOB value, or the goods have undergone at least a change in tariff heading (CTH) level of the Harmonized System, except for the cases that specific origin criterion for such goods set out in Annex 2 (Product Specific Rules).

For the purposes of Article 3.3 (Origin Criteria), the following goods shall be considered as wholly obtained or produced entirely in the territory of a Party:

(a) plants and plant goods, including fruit, berries, flowers, vegetables, trees, seaweed, fungi and live plants, grown, harvested or gathered there;

(b) live animals born and raised there;

(c) goods obtained from live animals there;

(d) goods from slaughtered animals born and raised there;

(e) goods obtained from gathering, hunting, capturing, fishing, growing, raising and aquaculture there;

(f) minerals and other naturally occurring substances extracted or taken from the air, soil, waters or seabed and subsoil there;

(g) goods of sea fishing and other marine goods taken from the sea outside its territorial sea by a vessel registered or recorded in a Party and flying its flag;

(h) goods manufactured exclusively from goods referred to in subparagraph "g" of this Article, on board a factory ship registered or recorded in a Party and flying its flag;

(i) goods extracted from marine soil or subsoil outside its territorial sea provided that Party has sole rights to work that soil or subsoil;

(j) waste and scrap resulting from production and consumption conducted there;

(k) used goods collected there provided that such goods are fit only for the recovery of raw materials;

(l) goods produced in outer space on board a spacecraft registered in a Party; and

(m) goods produced or obtained in the territory of a Party solely from goods referred to in subparagraphs "a" through "l" of this Article.

For the purposes of Article 3.3 (Origin Criteria), the formula for calculating QVC is as follows:

where:

QVC - is the qualifying value content of goods expressed as a percentage;

FOB - is the FOB value of the final goods as defined in paragraph 7 of Article 3.2 (Definitions);

VNM - is the customs value of the non-originating materials at the time of importation or, if the customs value is not known or cannot be ascertained, the earliest ascertained price paid or payable in the Party where the production takes place for all non-originating materials, parts or produce that are acquired by the producer in the production of the goods. When the producer of goods acquires non-originating materials within that Party the value of such materials shall not include freight, insurance, packing costs and any other costs incurred in transporting the material from the supplier's warehouse to the location of production.

1. The following operations undertaken exclusively by themselves or in combination with each other are considered to be insufficient to meet the requirements of Article 3.3 (Origin Criteria):

(a) preserving operations to ensure that a product retains its condition during transportation and storage;

(b) freezing or thawing;

(c) packaging and re-packaging;

(d) washing, cleaning, removing dust, oxide, oil, paint or other coverings;

(e) ironing or pressing of textiles;

(f) painting, colouring, polishing, varnishing, oiling;

(g) husking, partial or total bleaching, polishing and glazing of cereals and rice;

(h) operations to colour sugar or form sugar lumps;

(i) peeling and removal of stones and shells from fruits, nuts and vegetables;

(j) simple sharpening, grinding;

(k) cutting;

(l) sifting, screening, sorting, classifying;

(m) placing in bottles, cans, flasks, bags, cases, boxes, fixing on surface and all other packaging operations;

(n) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

(o) mixing of products (components) which does not lead to a sufficient difference of product from the original components;

(p) simple assembly of a product or disassembly of products into parts;

(q) slaughter of animals, sorting of meat; and

(r) use of goods for their intended purpose.

2. For the purposes of paragraph 1 of this Article, "simple" describes activities which do not require special skills or machines, apparatus or equipment especially designed for carrying out such activities.

1. Without prejudice to Article 3.3 (Origin Criteria), the goods originating in a Party, which are used as materials in the production in another Party, shall be considered as originating in the latter Party where working or processing of the finished goods has taken place, provided that their working or processing goes beyond the operations referred to in Article 3.6 (Insufficient Working or Processing).

2. For the purposes of this Article, the origin of the goods used for subsequent working or processing shall be confirmed by documentary evidence.

1. Goods that do not undergo the applicable change in tariff classification are nonetheless considered originating, if:

(a) for goods, other than that provided for in Chapters 50 to 63 of the Harmonized System, the value of all non-originating materials used in the production of the goods that did not undergo the required change in tariff classification does not exceed 10 (ten) per cent of the FOB value of the goods; or

(b) for goods provided for in Chapters 50 to 63 of the Harmonized System, the weight or value of all non-originating materials used in the production of the goods that did not undergo the required change in tariff classification does not exceed 10 (ten) per cent of the total weight or the FOB value of the goods;

and the goods meet all other applicable criteria set forth in this Chapter for qualifying as originating goods.

2. The value of non-originating materials referred to in paragraph 1 of this Article shall, however, be included in the value of non-originating materials for any applicable QVC requirement for the goods.

1. Packing materials and containers in which goods are packed exclusively for transportation and shipment shall not be taken into account for the purposes of determining whether the goods are originating.

2. For the purposes of paragraph 1 of this Article, "packing materials and containers for transportation and shipment" means the goods used to protect goods during its transportation or shipment and does not include the packaging materials and containers in which the goods is packaged for retail sale.

1. Packaging materials and containers in which goods are packaged for retail sale, if classified with the goods, shall be disregarded in determining whether all the non-originating materials used in the production of those goods have undergone the applicable change in tariff classification or whether the goods are wholly obtained.

2. Notwithstanding paragraph 1 of this Article, in determining whether the goods fulfil the QVC requirement, the value of the packaging used for retail sale shall be taken into account as originating or non-originating materials, as the case may be, in calculating the QVC requirement of the goods.

1. Accessories, spare parts, tools and instructional or other information materials, referred to in paragraph 2 of this Article, shall be disregarded in determining whether all the non-originating materials used in the production of those goods have undergone the applicable change in tariff classification or whether the goods are wholly obtained.

2. For the purposes of this Article, accessories, spare parts, tools, and instructional or other information materials are covered when:

(a) the accessories, spare parts, tools and instructional or other information materials are classified and delivered with but not invoiced separately from such goods; and

(b) the types, quantities and value of the accessories, spare parts, tools and instructional or other information materials presented with the goods are customary for such goods.

3. Notwithstanding paragraph 1 of this Article, in determining whether the goods fulfil the QVC requirement, the value of accessories, spare parts, tools and instructional or other information materials shall be taken into account as originating materials or non-originating materials, as the case may be, in calculating the QVC requirement of the goods.

Sets, as defined in Rule 3 of the General Rules for the Interpretation of the Harmonized System, shall be regarded as originating when all component goods are originating. Nevertheless, when a set is composed of originating and non-originating goods, the set as a whole shall be regarded as originating, provided that the value of the non-originating goods does not exceed 15 (fifteen) per cent of the FOB value of the set.

1. When originating goods are used in the subsequent production of other

goods within a Party, no account shall be taken of the non-originating materials contained in the originating goods for purposes of determining the origin of the subsequently produced goods.

2. When non-originating goods are used in the subsequent production of other goods within a Party, an account shall be taken of the originating materials contained in these non-originating goods for purpose of calculating of the QVC requirement of the subsequently produced goods.

In order to determine the origin of goods, the origin of the following indirect materials which might be used in the production of such goods and not be incorporated into such goods shall not be taken into account:

(a) fuel and energy;

(b) tools, dies and moulds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials and other materials used in the production or used to operate equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment;

(f) equipment, devices used for testing or inspecting the goods;

(g) catalyst and solvent; and

(h) any other goods that are not incorporated into such goods but the use of which in the production of such goods can be demonstrated to be a part of that production.

1. Preferential tariff treatment shall be granted to originating goods, which are transported directly between the Parties or through the territories of non-Parties to this Agreement, provided that during such transportation:

(a) the goods have not undergone any operation there other than unloading, reloading, storing or any necessary operation designed to preserve their condition; and

(b) the goods have not entered into trade or consumption there.

2. In the case where originating goods are imported through the territories of non-Parties to this Agreement one of the following documentary evidence shall be submitted to the customs authorities of the importing Party:

(a) the transport documents covering the passage from the territory of one Party to the territory of the other Party and containing description of the goods and, where applicable and consistent with transportation conditions, the names of the ships or other means of transport used and the containers' numbers; or

(b) the documents issued by the customs authorities of the non-Parties to this Agreement where the goods were in transit or other commercial documents, including documents connected with their temporary storage, that contain description of the goods and confirm that the goods have not been altered or processed within its territory as provided for in subparagraph "a" of paragraph 1 of this Article.

3. In addition to the documents referred to in paragraph 2 of this Article any other supporting documents proving the direct consignment may be submitted.

4. If a declarant fails to provide the customs authorities of the importing Party with documentary evidence of direct consignment, preferential tariff treatment shall not be granted.

Goods originating in a Party which do not undergo any working or processing in the other Party shall retain their origin when subsequently exported into one of the Parties, provided that:

(a) the goods are the same as the previously exported from the Party where the origin criteria had been fulfilled;

(b) they have not undergone any operations other than preservation and packaging operations as well as operations to prepare goods for sale and transportation; and

(c) the origin of such goods is confirmed by Certificate of Origin, provided for in paragraph 4 of Article 3.20 (Specific Cases of Issuance of Certificate of Origin).

1. Goods originating in a Party shall on importation into any Party benefit from the preferential tariff treatment upon submission of one of the following Proofs of Origin:

(a) a Certificate of Origin (Form EAI) issued in accordance with Article 3.19 (Certificate of Origin); or

(b) a Declaration of Origin made out in accordance with Article 3.21 (Declaration of Origin).

2. Notwithstanding paragraph 1 of this Article, in the cases specified in Article 3.18 (Exemptions from Proof of Origin) originating goods shall benefit from preferential tariff treatment without it being necessary to submit any of the documents referred to in this Article.

The Proof of Origin is not required in order to obtain preferential tariff treatment for importation of originating goods where the customs value does not exceed the amount of 200 (two hundred) US dollars or the equivalent amount in the importing Party's currency, provided that the importation does not form part of one or more consignments that may reasonably be considered to have been undertaken or arranged for the purposes of avoiding the submission of the Proof of Origin.

1. Certificate of Origin is a document confirming the origin of goods issued by an authorised body of a Party, upon an application having been made by the producer, exporter or its authorised representative. The application shall be made in writing or by electronic means, if applicable in accordance with the laws and regulations of the exporting Party.

2. The Certificate of Origin shall be issued and duly completed in the English language in accordance with the requirements set out in Annex 3 (Certificate of Origin). The Certificate of Origin may be issued in original paper format or in electronic format without being made on paper and shall bear unique reference number.

3. The Certificate of Origin and its additional sheets must be on ISO A4 paper, contain security features and be in conformity with the specimen shown in Annex 3 (Certificate of Origin).

4. The Certificate of Origin shall be issued by the authorised body prior to, at the time of exportation or after the time of exportation whenever the goods to be exported can be considered originating in a Party within the meaning of this Chapter.

5. The authorised body of the exporting Party shall ensure that Certificates

of Origin are issued in conformity with the format and duly completed in accordance with the requirements set out in Annex 3 (Certificate of Origin).

6. The Certificate of Origin shall cover the goods under one consignment and shall be valid for a period of 12 (twelve) months from the date of its issuance by the authorised body. The actual weight of delivered goods shall not exceed 5 (five) per cent of the weight specified in the Certificate of Origin.

7. In order to confirm the origin of goods in accordance with subparagraph "c" of paragraph 2 of Article 3.26 (Granting Preferential Tariff Treatment), an original Certificate of Origin, its copy or Certificate of Origin issued in electronic format without being made on paper shall be submitted to the customs authority of the importing Party for the granting preferential tariff treatment. The Parties shall ensure that submitted Certificates of Origin may be verified through the web-databases referred to in Article 3.31 (Use of Web-Databases).

1. Where a Certificate of Origin has not been issued prior to or at the time of exportation, it may be issued retroactively. In this instance, the Certificate of Origin shall bear the words "ISSUED RETROACTIVELY" or "ISSUED RETROSPECTIVELY".

2. In the event of theft, loss or destruction of the original Certificate of Origin issued in paper format, the producer, exporter or its authorised representative may apply to the authorised body for its certified duplicate. A certified duplicate shall bear the words "DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER___DATE___". The certified duplicate of a Certificate of Origin shall be valid no longer than 12 (twelve) months from the date of issuance of the original Certificate of Origin.

3. Due to accidental errors or omissions made in the Certificate of Origin, the authorised body shall issue the Certificate of Origin in substitution for the previously issued Certificate of Origin which shall be annulled. In this instance, the Certificate of Origin shall bear the words: "ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER___DATE___". Such Certificate of Origin shall be valid for a period of 12 (twelve) months from the date of issuance of the previously issued Certificate of Origin.

4. In the case of transportation of originating goods between the Parties which have not undergone any working or processing in the other Parties, the authorised body of the latter Party may issue a replacement (back-to-back) certificate instead of Certificate(s) of Origin. Replacement (back-to-back) Certificate of Origin shall be issued on the basis of the Certificate(s) of Origin issued by the authorised body of the former Party and shall bear the words "ISSUED ON THE BASIS OF CERTIFICATE(S) OF ORIGIN NUMBER(S)___DATE(S)___". Such Certificate of Origin shall be valid for a period of 12 (twelve) months from the date of its issuance. However, such replacement (back-to-back) Certificate of Origin shall not be issued after the period of more than 3 (three) years from the date of issuance of Certificate of Origin issued in the Party where the goods originate. The authorised body of the latter Party shall ensure that the total quantity of goods re-exported under the partial shipment covered by the replacement (back-to-back) Certificate of Origin does not exceed the total quantity of goods specified of the Certificate(s) of Origin issued by the authorised body of the former Party.

1. The Declaration of Origin as referred to in subparagraph "b" of paragraph 1 of Article 3.17 (General Requirements) can be made out prior to, at the time of exportation or after the time of exportation of goods by:

(a) any producer or exporter of a Party <*> for consignment the customs value of which does not exceed 5000 (five thousand) US dollars or the equivalent amount in the importing Party's currency; or

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<*> This provision applies by producers or exporters of the EAEU Member States. For Indonesian producers or exporters, the application of this provision shall be in accordance with its respective laws and regulations.

(b) an approved exporter within the meaning of Article 3.22 (Approved Exporter) for any consignment regardless of its value.

2. The Declaration of Origin is a statement on origin made by producer, exporter or approved exporter on any commercial documents related to the goods in accordance with the template in Annex 4 (Declaration of Origin). Declarations of Origin shall be made out by printing in the English language.

3. The Declaration of Origin shall cover the originating goods under one consignment and shall remain valid for a period of 12 (twelve) months from the date it was made. The actual weight of delivered goods shall not exceed 5 (five) per cent of the weight specified in commercial document containing Declaration of Origin.

4. In order to confirm the origin of goods in accordance with subparagraph "c" of paragraph 2 of Article 3.26 (Granting Preferential Tariff Treatment), an original Declaration of Origin or its copy, if it is provided for in the laws and regulations of the importing Party, shall be submitted to the customs authority of the importing Party for the granting preferential tariff treatment.

5. The producer, exporter or approved exporter making out a Declaration of Origin shall be prepared to submit at any time, at the request of the verification authority of the exporting Party, all appropriate documents proving the origin of the goods concerned as well as the fulfilment of the other requirements of this Chapter.

6. Where the customs authorities of the importing Party have a reasonable doubt about the authenticity of a Declaration of Origin referred to in subparagraph "a" of paragraph 1 of this Article and/or the compliance of the goods with the origin criteria, they may request a Certificate of Origin to be presented.

1. The competent governmental authority of the exporting Party, subject to fulfillment of the requirement set forth in paragraph 7 of this Article and respective laws and regulations, may authorise any exporter that meets certain requirements (hereinafter referred to as "approved exporter") to make out Declarations of Origin without signing them irrespective of the value of the goods concerned.

2. An exporter who applies for such authorisation must offer, to the satisfaction of the competent governmental authority, all guarantees necessary to verify the origin of the goods as well as the fulfilment of the other requirements of this Chapter.

3. The competent governmental authority may grant the status of approved exporter subject to conditions, which they consider appropriate in accordance with respective laws and regulations of the exporting Party, based, inter alia, on the following general principles:

(a) knowledge of Rules of Origin provided for in this Chapter;

(b) compliance with the customs laws and regulations; and

(c) performing export deliveries.

4. When granting an authorisation, the competent governmental authority of the exporting Party shall provide the approved exporter an authorisation number. The authorisation number must be included in the Declaration of Origin, which shall be made out in accordance with the template provided for in Annex 4 (Declaration of Origin).

5. The competent governmental authority of the exporting Party shall, on a regular basis, verify the use of an authorisation. If the approved exporter no longer meets the requirements or otherwise makes improper use of the authorisation, the competent governmental authority may, subject to laws and regulations, withdraw it. Information on the validity of such authorisations shall be made available to the other Parties and shall be updated on a regular basis.

6. If the information on particular approved exporter is not available to the importing Party, the imported goods can be released in accordance with the requirements of such Party's respective laws and regulations.

7. The provisions of this Article shall become applicable for the purposes of this Agreement 60 (sixty) days from the date of receipt of the last written notification certifying that the EAEU Member States and Indonesia have completed their respective internal legal procedures necessary for approved exporter system implementation. Exchange of such notifications shall be made between the Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia.

1. Where the origin of the goods is not in doubt, the discovery of minor discrepancies between the information in the Proof of Origin and in the documents submitted to the customs authorities of the importing Party shall not, of themselves, invalidate the Proof of Origin, if such information in fact corresponds to the goods submitted.

2. For multiple goods declared under the same Proof of Origin, a problem encountered with one of the goods listed shall not affect or delay the granting of preferential tariff treatment for the remaining goods covered by the Proof of Origin.

1. The producer or exporter applying for the issuance of a Certificate of Origin shall keep all records and copies of documents submitted to the authorised body for the period of 3 (three) years from the date of issuance of the Certificate of Origin or longer period, if it is provided for in the laws and regulations of the respective Party.

2. An importer who has been granted preferential tariff treatment must keep the copy of Proof of Origin for the period of 3 (three) years from the date when the preferential tariff treatment was granted or longer period, if it is provided for in the laws and regulations of the respective Party.

3. The application for Certificate of Origin and all documents related to such application shall be retained by the authorised body for the period of no less than 3 (three) years from the date of issuance of the Certificate of Origin.

4. A producer, exporter or approved exporter making out a Declaration of Origin shall keep all records and copies of documents proving the origin of the goods concerned for a period of no less than 3 (three) years from the date of issuance of the Declaration of Origin.

1. The importing Party shall grant preferential tariff treatment for originating goods in cases where the invoice is issued by a person registered either in a Party or in a non-Party to this Agreement, provided that such goods meet the requirements of this Chapter.

2. In cases where invoice is issued by a person registered in a non-Party to this Agreement, the words "TCI" (Third Country Invoicing) and additional relevant information referred to in Annex 3 (Certificate of Origin) to be indicated in Certificate of Origin.

3. In cases where invoice is issued by a person registered in a non-Party to this Agreement, the Declaration of Origin may be made on a commercial document other than invoice.

1. Preferential tariff treatment under this Agreement shall be applied to originating goods that satisfy the requirements of this Chapter.

2. Customs authorities of the importing Party shall grant preferential tariff treatment to originating goods provided that:

(a) importing goods satisfy the origin criteria referred to in Article 3.3 (Origin Criteria);

(b) direct consignment requirements referred to in Article 3.15 (Direct Consignment) have been fulfilled; and

(c) the origin of imported goods is confirmed by Proof of Origin in accordance with requirements provided for in this Chapter.

3. In order to obtain preferential tariff treatment, the importer shall claim for preferential tariff treatment at the time of importation of originating goods or at the later stage if it is provided for in the importing Party respective laws and regulations.

4. If appropriate Proof of Origin or documentary evidence of direct consignment has not been submitted at the time of importation, the importing Party shall impose the applied MFN customs duty or require payment of a deposit on the imported goods, where applicable.

5. Pursuant to paragraph 3 of this Article, the importer may submit documents referred to in paragraph 4 of this Article at the later stage and make a claim for preferential tariff treatment and refund of any excess customs duty or deposit paid subject to the respective laws and regulations of the importing Party and the requirements of paragraph 2 of this Article.

6. Notwithstanding paragraph 2 of this Article, where the customs authorities of the importing Party have a reasonable doubt as to the origin of the goods for which preferential tariff treatment is claimed and/or to the authenticity of the submitted Proof of Origin such customs authorities may suspend the application of preferential tariff treatment to such goods, while awaiting the results of verification procedures. However, the goods can be released in accordance with the requirements of such Party's respective laws and regulations.

1. Where the goods do not meet the requirements of this Chapter or where the importer or exporter fails to comply with the requirements of this Chapter, the customs authorities of the importing Party shall deny preferential tariff treatment and recover unpaid customs duties in accordance with its respective laws and regulations.

2. The customs authorities of the importing Party shall deny preferential tariff treatment in one of the following cases:

(a) the goods do not satisfy the origin criteria referred to in Article 3.3 (Origin Criteria);

(b) the direct consignment requirements provided for in Article 3.15 (Direct Consignment) have not been fulfilled;

(c) the importer fails to submit the Proof of Origin to the customs authorities of the importing Party within the period specified in the laws and regulations of the importing Party;

(d) the Proof of Origin has not been issued and duly completed as specified in Annexes 3 (Certificate of Origin) and 4 (Declaration of Origin);

(e) the goods specified in the Proof of Origin cannot be identified with the goods declared upon customs declaration. However, lack of correspondence between the HS code detailed in the Proof of Origin and the actual classification by the customs authority of the importing Party, shall not in itself constitute a reason for denial of preferential tariff treatment;

(f) the Certificate of Origin has not been submitted upon the request of the customs authority of the importing Party as provided for in paragraph 6 of Article 3.21 (Declaration of Origin);

(g) the actual weight of declared importing goods exceeds the weight specified in the Proof of Origin by more than 5 (five) per cent;

(h) information on the Certificate of Origin is not available in the web-database or the Electronic System for Origin Data Exchange (hereinafter referred to as "ESODE"), referred to in Articles 3.31 (Use of Web-Databases) and 3.32 (Development of Electronic System for Origin Data Exchange), on the date of registration of customs declaration;

(i) information contained in the Certificate of Origin does not correspond to the information in the web-database, referred to in Article 3.31 (Use of Web-Databases), on the date of registration of customs declaration;

(j) the verification procedures undertaken under Articles 3.33 (Verification of Origin) and 3.34 (Verification Visit) fail to determine the origin of the goods or indicate the inconsistency of the origin criteria;

(k) the verification authority of the exporting Party has confirmed that the Certificate of Origin had not been issued (i.e. forged) or had been annulled (withdrawn);

(l) the customs authority of the importing Party receives no reply within a maximum of 120 (one hundred and twenty) days after the date of a verification request made to the verification authority of the exporting Party, or if the response to the verification request does not contain sufficient information to conclude whether the goods originate in a Party; or

(m) the customs authority of the importing Party within 60 (sixty) days from the date of dispatch of the request for verification visit, stipulated in paragraph 2 of Article 3.34 (Verification Visit), receives no written response from the verification authority of the exporting Party, pursuant to paragraph 5 of Article 3.34 (Verification Visit), or receives a refusal to conduct such verification visit.

Each Government of the Parties shall designate or maintain an authorised body and a verification authority.

1. Prior to the entry into force of this Agreement, each Party shall provide the other Party, through the Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia, respectively, with the following information:

(a) names and addresses of each authorised body and verification authority of the Parties;

(b) contact e-mail addresses of the customs authorities and verification authorities of the Parties for the facilitation of verification procedures; and

(c) electronic addresses of the web-databases referred to in Article 3.31 (Use of Web-Databases) and information about requirements to access such web-databases (user names, passwords, if any).

2. The Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia shall publish on the Internet the information on the names and addresses of the authorised body and verification authority of each Party.

3. Any change to the information stipulated in this Article shall be notified by the Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia in advance and in the same manner.

Any notification or communication under this Chapter shall be conducted between the Parties through the relevant authorities in the English language.

1. In order to simplify the procedures for obtaining the preferential tariff treatment, the Parties shall use secure web-database of the authorised bodies that contain information on issued Certificates of Origin and enable customs authorities of the importing Party to verify the authenticity of any issued Certificate of Origin (hereinafter referred to as "web-databases").

2. The web-databases shall meet the following requirements:

(a) completeness, relevance and reliability of the information contained;

(b) data protection of the information contained from unauthorised access, destruction, modification or any other illegal actions;

(c) proper around the clock functioning;

(d) entering information identical to the data from Certificate of Origin (except for signatures and stamps) into the web-database no later than 1 (one) day after the date of its issuance;

(e) storage of information on the issued Certificates of Origin within the period set out in paragraph 3 of Article 3.24 (Record-keeping Requirements); and

(f) possibility of saving (printing) information contained in the web-database by the customs authorities of the importing Party.

1. With the view to further developing paperless trade, the Parties shall endeavour to implement and support the ESODE, based on an electronic data exchange concept.

2. The ESODE shall enable the customs authorities of the importing Party to receive through the electronic data transmission the information from the Certificates of Origin issued by the authorised bodies of the exporting Party.

3. All the requirements and specifications for the application of the ESODE shall be set out in separate Protocol.

4. To confirm the origin of goods in accordance with subparagraph "c" of paragraph 2 of Article 3.26 (Granting Preferential Tariff Treatment), if the Parties implement the ESODE, the original Certificate of Origin, its copy or Certificate of Origin issued in electronic format without being made on paper shall not be required by the customs authority of the importing Parties. In such case, the date and number of such Certificate of Origin shall be specified in customs declaration for the granting preferential tariff treatment.

1. Where the customs authorities of the importing Party have a reasonable doubt about the authenticity of Proof of Origin and/or the compliance of the goods, covered by the Proof of Origin, with the origin criteria, pursuant to Article 3.3 (Origin Criteria), or in the case of a random check, they may send a request to the verification authority of the exporting Party to confirm the authenticity of the Proof of Origin and/or the compliance of the goods with the origin criteria and/or to provide, if requested, documentary evidence from the producer and/or exporter of the goods (hereinafter referred to as "verification request").

2. In cases set out in subparagraphs "b" to "i" of paragraph 2 of Article 3.27 (Denial of Preferential Tariff Treatment), the customs authorities of the importing Party are not required to make a verification request for the purposes of making decisions on denial of preferential tariff treatment.

3. All verification requests shall be made by the official letters and accompanied by sufficient information to identify the goods concerned, a copy of the Proof of Origin verified and shall specify the circumstances and reasons for such request.

4. The recipient of the verification request shall respond to the requesting customs authority of the importing Party within 120 (one hundred and twenty) days after the date of such verification request.

5. The verification request and its accompanying documents, as well as the verification response to such request, shall be transmitted electronically between the customs authority of the importing Party and the verification authority of the exporting Party, via the contact email addresses referred to in paragraph 1 of Article 3.29 (Notifications). The hard copy of the verification request and response to such request shall also be sent by post. The requested and requesting authorities shall act promptly upon receiving the request or response by email without having to wait for the hard copy of such request or response.

6. In response to a verification request the verification authority of the exporting Party shall clearly indicate whether the Proof of Origin is authentic and/or whether the goods can be considered as originating, including by providing requested documentary evidence received from the producer and/or exporter of the goods. Before the response to the verification request is received, paragraph 6 of Article 3.26 (Granting Preferential Tariff Treatment) may be applied. The customs duties or deposit paid shall be refunded if the received results of the verification procedures confirm and clearly indicate that the goods qualify as originating and all other requirements of this Chapter are met.

7. The customs authority of importing Party shall verify the authenticity of the Certificate of Origin in accordance with this Article if:

(a) the web-database or the ESODE is not functioning properly from force majeure or other valid causes; or

(b) the Certificate of Origin issued by the authorised body that was not notified by the Eurasian Economic Commission or the Ministry of Trade of the Republic of Indonesia as provided for in Article 3.29 (Notifications).

8. Notwithstanding subparagraph "a" of paragraph 7 of this Article, if importer is in possession of an original Certificate of Origin, preferential tariff treatment may be granted without obligatory verification procedures.

1. If the customs authorities of the importing Party are not satisfied with the outcome of the verification referred to in Article 3.33 (Verification of Origin), they may, under exceptional circumstances, request verification visits to the exporting Party to review the records referred to in Article 3.24 (Record-keeping Requirements) and/or observe the facilities used in the production of the goods.

2. In order to conduct a verification visit pursuant to paragraph 1 of this Article, the customs authority of the importing Party shall send a written request with its intention to conduct the verification visit (hereinafter referred to as "the request for verification visit") to the verification authority of the exporting Party. A copy of the request for verification visit shall also be transmitted electronically from the customs authority of the importing Party to the verification authority of the exporting Party, via contact email addresses referred to paragraph 1 of Article 3.29 (Notifications).

3. The request for verification visit referred to in paragraph 2 of this Article shall be as comprehensive as possible and shall include, inter alia:

(a) the name of the customs authorities of the Party issuing the request;

(b) the names of the producer and/or exporter of the goods whose premises are to be visited;

(c) the proposed date of the verification visit;

(d) the coverage of the proposed verification visit, including reference to the goods subject to the verification and to the doubts regarding their origin; and

(e) the preliminary information on the competent authorities performing the verification visit.

4. Verification authority of the exporting Party shall send the request to the producer and/or exporter of the goods whose premises are to be visited and provide its response to the requesting Party within 60 (sixty) days from the date of dispatch of the request for verification visit.

5. Where the response from the verification authority is not obtained within 60 (sixty) days from the date of dispatch of the request for verification or a refusal to conduct such verification visit is received, the requesting Party shall deny preferential tariff treatment to the goods referred to in the Proof(s) of Origin that would have been subject to the verification visit.

6. Any verification visit shall be launched within 60 (sixty) days from the date of the receipt of written response and finished within a reasonable period of time (including preparing the report referred to in paragraph 11 of this Article), but no later than 150 (one hundred and fifty) days from the date of receipt of the response.

7. Verification visit shall be carried out by the verification team consisting of the representatives of the competent authorities of the importing and the exporting Parties.

8. Competent authorities of the exporting and the importing Parties shall provide an efficient cooperation required for the verification visit conducted by the verification team.

9. The producer and/or exporter of the goods who has given consent for verification visit shall assist in its implementation, provide access to the premises, financial (accounting) and production documents related to the subject of the verification visit and shall provide any additional information and/or documents, if so requested.

10. If there are obstacles by the authorities or entities of the inspected Party during the verification visit, which result in the absence of possibility to conduct the verification visit except force majeure, the importing Party has the right to deny preferential tariff treatment to the goods concerned.

11. The results of the verification visit shall be documented in the English language in the form of a report prepared by the verification team, which shall clearly indicate the compliance or non-compliance of the verified goods with the requirements of this Chapter.

12. Verification authority of the exporting Party shall send to the producer and/or exporter of the verified goods the results of such verification not later than 20 (twenty) days from the date the verification visit is finished.

13. Any suspended or denied preferential tariff treatment shall be reinstated based on the results of verification visit, indicating that the goods which are the subject of the verification visit meet the requirements of this Chapter.

14. All costs relating to the participation of representatives of the importing Party in the verification visit shall be borne by the importing Party.

All information provided pursuant to this Chapter shall be treated by the Parties as confidential in accordance with their respective laws and regulations. It shall not be disclosed without the written permission of the person or authority of the Party providing it except to the extent that it may be required to be disclosed in the context of judicial proceedings.

Each Party shall provide for criminal or administrative penalties for violations of its respective laws and regulations related to this Chapter.

Originating goods which are in the process of transportation from the exporting Party to the importing Party, or which are in temporary storage under customs control in the importing Party for a period not exceeding 6 (six) months before the entry into force of this Agreement, shall be granted preferential tariff treatment if they are imported into the importing Party or declared to the customs authority of the importing Party on or after the date of entry into force of this Agreement, provided that all requirements of Article 3.26 (Granting Preferential Tariff Treatment) have been met.

This Chapter shall apply to the customs procedures required for the release of goods traded between the Parties in order to:

(a) ensure predictability, consistency and transparency of customs procedures;

(b) promote efficient administration of customs procedures of the Parties and the expeditious performance of customs operations;

(c) encourage harmonisation of customs procedures of the Parties, to the extent possible, with relevant international standards;

(d) facilitate trade between the Parties; and

(e) strengthen cooperation between the customs authorities of the Parties.

For the purposes of this Chapter "customs procedures" means activities undertaken by persons and the customs authorities of a Party concerning the transported goods and means of transport in order to comply with the customs laws and regulations.

1. Each Party shall ensure that its customs procedures are in line with the objectives of this Chapter as provided for in Article 4.1 (Scope).

2. Except as otherwise provided for in this Chapter, Section I of the Agreement on Trade Facilitation contained in Annex 1A to the WTO Agreement shall be applied between the Parties and is incorporated into and forms part of this Agreement.

3. Customs procedures of the Parties shall, where possible and to the extent permitted by their customs laws and regulations, be based on the standards and recommended practices of the World Customs Organization.

4. The Parties shall endeavour to review their customs procedures with a view to simplifying such procedures to facilitate trade.

1. The Parties shall, to the extent possible, publish the customs laws and regulations in the English language.

2. The customs authorities of each Party shall designate or maintain one or more enquiry points to process enquiries from interested persons concerning customs issues, and shall publish on the Internet information concerning such enquiry points.

3. The Parties shall forward to each other, through the Eurasian Economic Commission and the Directorate General of Customs and Excise, the Ministry of Finance of the Republic of Indonesia, respectively, contact information of the designated enquiry points.

1. Each Party shall adopt or maintain the application of customs procedures with a view to expediting release of goods in order to facilitate trade between the Parties. This shall not require a Party to release goods where its requirements for the release of such goods have not been met.

2. Pursuant to paragraph 1 of this Article, each Party shall:

(a) provide for the release of goods as rapidly as possible after arrival, but under normal circumstances within a period of time no longer than 24 (twenty-four) hours from the registration of a customs declaration, provided that all regulatory requirements have been met; and

(b) adopt or maintain an electronic submission and processing of customs information in advance of the arrival of the goods to expedite the release of goods upon arrival.

1. With a view to facilitating the effective operation of this Agreement, the customs authorities of the Parties shall encourage cooperation with each other on key customs issues that affect goods traded between the Parties.

2. Where the customs authority of a Party in accordance with its respective laws and regulations has a reasonable suspicion of an unlawful activity, such customs authority may request the customs authority of the other Party to provide information normally collected in connection with the exportation and/or importation of goods.

3. A Party's request under paragraph 2 of this Article shall be made by an official letter, specifying the purpose for which the information is requested and shall be accompanied by sufficient information to identify the goods concerned. Requests shall be transmitted electronically via channels of communication referred to in paragraph 7 of this Article. A hard copy of the request shall be also sent by post.

4. The requested customs authority under paragraph 2 of this Article shall provide a written response containing the requested information within 90 (ninety) days from the date of the request. If it is impossible to provide full or partial response within the prescribed period of time, the requested customs authority shall inform the requesting customs authority of the expected term for providing such information.

5. All requests and responses to the requests under this Article shall be submitted in the English language.

6. The requested customs authority shall endeavour to provide any other information to the requesting customs authority that would assist such customs authority in determining whether imports from or exports to the requesting Party are in compliance with such Party's respective laws and regulations.

7. The customs authorities of the Parties shall develop and maintain channels of communication for customs cooperation, including contact points that will facilitate and improve coordination on customs issues.

8. In order to further develop customs cooperation in the areas covered by this Chapter the Parties may enter into negotiations on mutual assistance in customs matters.

The Parties shall apply information technology to support customs procedures in accordance with relevant standards and best practices recommended by the World Customs Organization and other international organisations.

1. In order to facilitate the implementation of customs procedures and to prevent violations of customs laws and regulations, the Parties may establish and apply on a regular basis information exchange between the customs authorities of the Parties with regard to goods traded between the Parties (hereinafter referred to as "electronic information exchange").

2. On behalf of the EAEU the electronic information exchange shall be based on the use of the technical infrastructure of the Integrated Information System of the EAEU.

3. All the requirements and specifications for the operation of electronic information exchange as well as the specific content of information to be exchanged shall be defined in separate protocol between the authorised bodies of the EAEU Member States and Indonesia.

4. On behalf of the EAEU the Eurasian Economic Commission shall coordinate the creation and facilitate the operation of the electronic information exchange.

The Parties shall establish a programme of Authorised Economic Operators and may explore negotiating mutual recognition of Authorised Economic Operators programmes between them.

All the information provided pursuant to this Chapter shall be treated by the Parties as confidential in accordance with their respective laws and regulations. It shall not be disclosed without the written permission of the person or authority of the Party providing it except to the extent that it may be required to be disclosed in the context of judicial proceedings.

1. Except as otherwise provided in this Chapter, the Parties shall apply anti-dumping, countervailing and global safeguard measures in accordance with Articles VI and XIX of the GATT 1994, the Anti-Dumping Agreement, the SCM Agreement and the Safeguards Agreement.

2. The anti-dumping, countervailing and global safeguard measures shall be applied in full compliance with all the relevant WTO requirements and in full respect of the rights of the interested parties to defend their interests.

3. For the purposes of conducting anti-dumping, countervailing duty and global safeguard investigations and any subsequent proceedings, including its reviews initiated after the entry into force of this Agreement, as well as the application of anti-dumping, countervailing or global safeguard measures, Indonesia shall not consider the EAEU Member States as a single entity.

4. Notwithstanding paragraph 3 of this Article, in the case of subsidies within the meaning of Article XVI of the GATT 1994 and Article 1 of the SCM Agreement that are specific within the meaning of Article 2 of the SCM Agreement granted at the level of the EAEU and provided for the products from the EAEU Member States, Indonesia may investigate all other EAEU Member States and apply in accordance with the SCM Agreement countervailing measures. The questionnaire response that the company did not receive the EAEU subsidy is considered a sufficient response for the investigation and may be subject to verification. A subsidy rate based on the best information available may be assigned to those producers and/or exporters of the EAEU Member States that were determined by the investigating authority of Indonesia as non-cooperative in accordance with the SCM Agreement.

1. All official communications and documentation exchanged between the Parties with respect to matters covered by this Chapter shall take place between the competent authorities of the Parties.

2. The Parties shall exchange information on the names and contacts of the competent authorities of the Parties, including contact details for information exchange by electronic means, within 30 (thirty) days from the date of entry into force of this Agreement. The Parties shall promptly notify each other of any change to the competent authorities and their contact details.

3. If the exchange takes place in print format, all official communications and documentation, including notifications and requests made under this Chapter, shall also be sent without undue delay to the competent authorities by electronic means in a searchable format subject to the requirement to protect confidential information and the provisions of Annex II of the Anti-Dumping Agreement.

4. If a Party fails to provide a notification or request of information to the relevant competent authority of the other Party specified in the notification pursuant to paragraph 2 of this Article, the notification requirement according to this Chapter shall be deemed unfulfilled.

The Parties may consult on the issues covered by this Chapter. For this purpose, a Party shall provide the other Party with a written request for consultations. The consultations shall take place as soon as possible, to extent possible not later than 30 (thirty) days upon receipt of such a written request. Such consultations shall not prevent the Parties from initiating an anti-dumping, countervailing duty, global safeguard investigation or bilateral safeguard proceeding and shall not impede such investigation or proceeding or imposition of the measures.

The investigating authority of a Party shall require interested parties providing confidential information to furnish non-confidential summaries thereof. These non-confidential summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence in order to allow the other interested parties in the investigation an opportunity to respond and defend their interests. In exceptional circumstances, such parties may indicate that such information is not susceptible of summary. In such exceptional circumstances, a statement of the reasons why summarisation is not possible must be provided.

1. The Parties shall cooperate in the form of a best practice dialogue on trade remedies, comprising representatives at an appropriate level of each Party's competent authorities.

2. The purpose of this cooperation shall be, but not limited to:

(a) enhancing a Party's knowledge and understanding of the other Party's trade remedy laws, policies and practices;

(b) overseeing the implementation of this Chapter;

(c) exchanging information to the extent possible on issues relating to trade remedies; and discussing other relevant topics of mutual interest as the Parties agree; and

(d) enhancing the Parties' knowledge and understanding of anti-circumvention in the implementation of anti-dumping and countervailing measures.

3. The dialogue shall be conducted as and when necessary, as requested by either Party.

In any proceeding in which the investigating authority determines to conduct an on-the-spot verification of information that is provided by a respondent, the investigating authority shall promptly notify each respondent of its intent, and:

(a) provide to each respondent at least 14 (fourteen) days in the case of an anti-dumping proceeding and 21 (twenty-one) days in the case of a countervailing duty proceeding an advance notice of the dates on which the investigating authority intends to conduct on-the-spot verification of the information;

(b) at least 10 (ten) days for an anti-dumping proceeding and 14 (fourteen) days for a countervailing duty proceeding prior to an on-the-spot verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for review; <*> and

--------------------------------

<*> This does not prevent the investigating authority from adjusting the date, where necessary in light of developments in the investigation, and after consultation with the respondent.

(c) after the on-the-spot verification is completed, and subject to the protection of confidential information, disclose the information that describes the extent to which the data provided by the respondent was supported by the documents reviewed during the verification. The respondent concerned by the on-the-spot verification should be informed of the results of the on-the-spot verification before or in the essential facts in sufficient time for the respondent to defend its interests.

1. A Party's investigating authority shall maintain a non-confidential file for each ongoing investigation or review that contains, to the extent feasible without revealing confidential information, all non-confidential documents in the record of each ongoing investigation or review.

2. The non-confidential file of all non-confidential documents that are contained in the record of the investigation or review shall be timely made available to interested parties, subject to the procedures provided for in the Parties' laws and regulations. A Party's investigating authority shall provide timely opportunities for distant electronic download of non-confidential documents contained in the record of the investigation or review.

3. A Party shall make available to the interested parties participating in the investigation an up-to-date list of documents in the record of each ongoing investigation or review to the extent possible electronically.

If a Party's investigating authority determines that a timely response to a request for information may not be ideal in all respects, provided that the interested party concerned has acted to the best of its ability, the investigating authority shall to the extent practicable in light of time limits established to complete the anti-dumping or countervailing duty action, before rejecting the information, endeavour to obtain more complete information for the purposes of the investigation including, where requested, upon cause shown, granting a reasonable extension of time to the respondent concerned to make a more detailed and proper response in accordance with the provisions of the Anti-Dumping Agreement and the SCM Agreement. If that interested party submits further information and the investigating authority finds that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authority disregards all or part of the original and subsequent responses, the investigating authority shall explain in the determination or other written document the reasons for disregarding the information.

1. The Parties shall immediately after any imposition of provisional anti-dumping or countervailing measures and in any case before final determination with regard to the anti-dumping or countervailing measures is made, inform all interested parties of all essential facts, which form the basis for the decision to apply provisional or final measures accordingly. Information shall contain in particular:

(a) the names of the suppliers, or when this is impracticable, the supplying countries involved;

(b) a description of the product which is sufficient for customs purposes;

(c) the basis on which the existence of a subsidy has been determined (for the purposes of a countervailing duty investigation);

(d) the margins of dumping or the amount of subsidy and the methodology applied by the investigating authority to determine the normal value, the export price or the amount of subsidy accordingly;

(e) the facts available and the source of the facts available used in accordance with Article 6.8 of the Anti-Dumping Agreement or Article 12.7 of the SCM Agreement respectively, as the case may be;

(f) the evaluation of all relevant economic factors and indices having a bearing on the state of the domestic industry and enumerated in Article 3.4 of the Anti-Dumping Agreement or Article 15.4 of the SCM Agreement respectively;

(g) the demonstration of the causal link between dumped or subsidised imports and injury, examination of any known factors other than the dumped or subsidised imports which at the same time are injuring the domestic industry and non-attribution analysis in accordance with Article 3.5 of the Anti-Dumping Agreement or Article 15.5 of the SCM Agreement respectively;

(h) the main reasons leading to the determination.

2. Subject to the protection of confidential information, the investigating authority may use any reasonable means to disclose the essential facts, which includes a report summarising the data in the record, a draft or preliminary determination, or some combination of those reports or determinations, to provide interested parties an opportunity to respond to the disclosure of essential facts.

3. The interested parties shall be given no less than 15 (fifteen) days to make their comments on such disclosure.

A public notice of conclusion of an investigation in the case of an affirmative determination providing for the imposition of a definitive duty or the acceptance of a price undertaking shall contain, or otherwise make available through a separate report, all relevant information on the matters of fact and law and reasons which have led to the imposition of final measures or the acceptance of a price undertaking. When confidential information is part of the relevant information on the matters of fact, the disclosure obligation under this provision should be met by the investigating authority by disclosing non-confidential summaries of that information. Such a notice or report shall contain in particular:

(a) the names of the suppliers, or when this is impracticable, the supplying countries involved;

(b) a description of the product which is sufficient for customs purposes;

(c) the basis on which the existence of a subsidy has been determined (for the purposes of a countervailing duty investigation);

(d) the margins of dumping established and a full explanation of the reasons for the methodology used in the establishment and comparison of the export price and the normal value or calculation of the amount of a subsidy and the method used by the investigating authority to calculate the benefit;

(e) the evaluation of all relevant economic factors and indices having a bearing on the state of the domestic industry and enumerated in Article 3.4 of the Anti-Dumping Agreement or Article 15.4 of the SCM Agreement respectively and considerations relevant to the injury determination;

(f) the demonstration of the causal link between dumped or subsidised imports and injury, examination of any known factors other than the dumped or subsidised imports which at the same time are injuring the domestic industry and non-attribution analysis in accordance with Article 3.5 of the Anti-Dumping Agreement or Article 15.5 of the SCM Agreement respectively and relevant considerations;

(g) the main reasons leading to the determination.

1. The Parties recognise the importance of steps needed to counter circumvention practices and agree to cooperate before resorting to an anti-circumvention investigation. The provisions of this paragraph shall not prevent the Parties from initiating an anti-circumvention investigation and shall not impede such investigation.

2. A Party may apply an anti-circumvention measure to imports of a product sold by producers or exporters from another Party only following an anti-circumvention investigation conducted by the Party's investigating authority.

3. An anti-circumvention measure may not be applied to imports of a product sold by producers or exporters from another Party unless the investigating authority demonstrates the existence of circumvention based on evidence and facts, and not merely on allegation, conjecture or remote possibility.

4. The normal value of the product under investigation, parts or modifications thereof shall be their normal value determined during the course of the investigation pursuant to which the importing Party imposed the anti-dumping measure, appropriately adjusted for the purposes of comparison.

5. The Parties shall carry out anti-circumvention investigations in a transparent way and respect the interests and rights of defence of all interested parties concerned by the investigation.

6. The Parties shall aim to cooperate and endeavour to provide the necessary assistance and information to clarify the factual situation subject to the anti-circumvention investigation.

7. In any anti-circumvention investigation in which a Party determines to conduct an on-the-spot verification on the territory of the other Party, the investigated company shall be notified at least 14 (fourteen) days in advance. The other Party's relevant authorities may participate in the on-the-spot verification.

8. The Party conducting an anti-circumvention investigation shall, before a final determination is made, inform all interested parties on the territory of the other Party of the essential facts under consideration which form the basis for the determination. All interested parties will be provided an adequate opportunity for commenting on such essential facts. Such disclosure of essential facts should take place within a reasonable period of time for the interested parties to defend their interests.

9. Any anti-circumvention investigation shall be completed within 12 (twelve) months of its date of initiation.

1. Upon receipt by a Party's investigating authority of a properly documented anti-dumping application with respect to imports from the other Party, at least 7 (seven) days after receiving such application and not later than 15 (fifteen) days before the initiation, the Party shall provide written notification to the other Party of its receipt of the application which includes the following:

(a) a description of the goods;

(b) a tariff classification number under which the goods were imported;

(c) the identification of the exporters and countries of export that were named in the application; and

(d) the name and address of the investigating authority.

2. Upon receipt by a Party's investigating authority of a properly documented countervailing application with respect to imports from other Party, and at least 7 (seven) days after receiving such application and not later than 15 (fifteen) days before initiating an investigation, the Party shall provide written notification, including invitation for consultation to the other Party, of its receipt of the application that includes, at least, the following:

(a) a description of the goods;

(b) a tariff classification number under which the goods were imported;

(c) the list and summary of subsidy programs;

(d) the identification of the exporters and countries of export that were named in the petition; and

(e) the name and address of the investigating authority.

3. The Parties shall provide the electronic copies of notifications and requests made under this Section no later than the date of the official letters of notification or request in printed format are sent.

1. A global safeguard measure shall not be applied to a product from the other Party where its share of imports of the product concerned in the importing Party does not exceed 3 (three) per cent of total imports or pursuant to Article 9.1 of the Safeguards Agreement.

2. A Party applying a global safeguard measure, from which imports from

the other Party is initially excluded pursuant to paragraph 1 of this Article, shall have the right to subsequently apply a global safeguard measure to imports from the other Party, if the investigating authority determines that the other Party's share of imports of the product concerned in the importing Party exceeds 3 (three) per cent of total imports.

3. The Party shall immediately provide to the other Party a written notification of all pertinent information upon:

(a) initiating an investigation;

(b) making a finding of serious injury or threat thereof caused by increased imports;

(c) taking a provisional safeguard measure; and

(d) taking a decision to apply or extend a global safeguard measure.

4. A Party shall make notifications referred to in paragraphs 3(b) and 3(c) of this Article to the other Party before applying a provisional and/or final global safeguard measure.

5. The Parties conducting global safeguard investigations shall provide the electronic copies of notifications and requests made under this Article and Article 5.1 (General Provisions) immediately but no later than 5 (five) days from the date of the official letters of notification or request in printed format.

1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, originating goods of a Party specified in Annex 1 (Schedules of Tariff Commitments) are being imported into the territory of the other Party (hereinafter referred to as "preferential imports" <*>) in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute serious injury or threat thereof to the domestic industry producing like or directly competitive goods in the territory of the importing Party the importing Party may apply a bilateral safeguard measure to the extent necessary to remedy or prevent the serious injury or threat thereof, subject to the provisions of this Section.

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<*> For the purposes of this Section "preferential imports" - imports of originating goods under preferential tariff treatment.

2. If the conditions set out in paragraph 1 of this Article are met, the importing Party may apply a bilateral safeguard measure only in the form of:

(a) suspension of the further reduction of any rate of customs duty provided for in this Agreement on the originating good; or

(b) increase of the rate of customs duty on the originating good to a necessary level not exceeding the most-favoured-nation applied rate of customs duty in effect at the time the bilateral safeguard measure is applied.

3. Bilateral safeguard measures shall only be applied upon demonstrating clear evidence that increased preferential imports constitute serious injury or are threatening to cause serious injury.

4. In the proceeding to determine whether increased preferential imports constitute serious injury to a domestic industry under the terms of this Article, a Party's investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, in particular, the rate and amount of the increase in preferential imports of the product concerned in absolute or relative terms to domestic production, the share of the domestic market taken by increased preferential imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment.

5. A threat of serious injury shall be understood to mean serious injury that is clearly imminent. A determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation, conjecture or remote possibility.

6. A Party's investigating authority shall demonstrate, on the basis of objective evidence, the existence of the causal link between increased preferential imports of the product concerned and serious injury or threat thereof. In this respect, due consideration shall be given to other factors which are also causing injury to the domestic industry at the same time, including imports of the same product from other countries, and such injury shall not be attributed to increased preferential imports.

7. A Party shall apply a bilateral safeguard measure only following a bilateral safeguard proceeding by the Party's investigating authority.

8. A Party shall promptly notify in writing the other Party upon initiating a bilateral safeguard proceeding and the reasons for it. Such notification shall include:

(a) a precise description of the originating good subject to the bilateral safeguard proceeding including its heading or subheading under the HS, on which the schedules of tariff commitments in Annex 1 (Schedules of Tariff Commitments) are based;

(b) the date of initiation of the bilateral safeguard proceeding;

(c) evidence used for initiation of the bilateral safeguard proceeding;

(d) the name, address and telephone number of the investigating authority.

9. A bilateral safeguard proceeding shall be concluded within 9 (nine) months following the date of its initiation.

10. The Party intending to apply a bilateral safeguard measure shall promptly and in any case before applying a bilateral safeguard measure notify in writing the other Party and shall provide the opportunity for consultations.

11. The notification pursuant to paragraph 10 of this Article shall contain all pertinent information, including:

(a) a precise description of the originating good subject to a bilateral safeguard proceeding, including its heading or subheading under the HS, on which the schedules of tariff commitments in Annex 1 (Schedules of Tariff Commitments) are based;

(b) evidence of serious injury, or threat of serious injury, caused by increased preferential imports of an originating good of another Party as a result of the reduction or elimination of a customs duty pursuant to this Agreement;

(c) in the case of an extension of the bilateral safeguard measure, evidence that the domestic industry concerned is adjusting;

(d) a precise description of the proposed bilateral safeguard measure;

(e) the proposed date of introduction of the bilateral safeguard measure and its expected duration;

(f) the timetable for the progressive removal of the measure, if relevant;

(g) a compensation proposal in accordance with paragraph 14 of this Article.

12. The Parties shall provide the electronic copies of notifications and requests made under this Article no later than the date of the official letters of notifications or request in printed format are sent.

13. The Party shall, within 30 (thirty) days from the date of notification referred to in paragraph 10 of this Article, examine the information provided in order to facilitate a mutually acceptable resolution of the matter.

14. The Party that may be affected by the measure shall be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from such Party.

15. Upon the request of any Party, sent within 30 (thirty) days after the receipt of the notification under paragraph 10 of this Article, the Parties shall immediately enter into consultations to arrive at a mutually agreed solution, including compensation. If a mutually agreed solution is reached, this solution shall be laid down in writing and shall be binding upon the Parties. If no mutually agreed solution is reached within 60 (sixty) days from the date of the receipt of the notification referred to in paragraph 10 of this Article, the importing Party may apply a bilateral safeguard measure to resolve the problem and, in the absence of mutually agreed compensation, the Party, against whose good the bilateral safeguard measure is applied, may take a compensatory action.

16. The compensatory action shall normally consist of suspension of concessions having substantially equivalent trade effects and/or concessions substantially equivalent to the value of the additional duties expected or as a factual result of the bilateral safeguard measure. The Party taking a compensatory action shall apply the action only for the minimum period necessary to achieve the substantially equivalent trade effects and in any event after the bilateral safeguard measure entered into force, only while the bilateral safeguard measure is being applied.

17. The compensatory action shall be immediately notified to the other Party in writing at least 30 (thirty) days before the application of a compensatory measure. The notification shall contain:

(a) a description of the compensatory measure, including a description of the equivalence of the compensatory measure;

(b) a precise description of the originating good subject to the compensatory measure including its heading or subheading under the HS, on which the schedules of tariff commitments in Annex 1 (Schedules of Tariff Commitments) are based, if relevant;

(c) a form of the compensatory measure;

(d) the date of introduction of the compensatory measure and its expected duration.

18. A Party shall promptly notify in writing the other Party upon taking a decision to apply or extend a bilateral safeguard measure.

19. The notification pursuant to paragraph 18 of this Article shall include:

(a) a precise description of the originating good subject to the bilateral safeguard measure including its heading or subheading under the HS, on which the schedules of tariff commitments in Annex 1 (Schedules of Tariff Commitments) are based;

(b) a precise description of the bilateral safeguard measure;

(c) the date of introduction of the bilateral safeguard measure and its expected duration;

(d) the timetable for the progressive removal of the measure, if relevant.

20. A bilateral safeguard measure shall be taken for period not exceeding 2 (two) years. The period of application of a bilateral safeguard measure may be extended by up to 1 (one) year, if there is evidence that it is necessary to remedy or prevent serious injury or threat thereof and that the industry is adjusting.

21. A bilateral safeguard measure shall not be applied in the first year from the date of entry into force of this Agreement.

22. With respect to bilateral trade neither Party shall apply, with respect to the same good, at the same time:

(a) a bilateral safeguard measure; and

(b) a global safeguard measure under Article XIX of the GATT 1994 and the Safeguards Agreement.

23. A Party shall not apply a bilateral safeguard measure again on the same good for the period of time equal to that during which such measure had been previously applied.

24. Transition period means, in relation to a particular good, the period from the entry into force of this Agreement until 5 (five) years after the customs duty on that good is to be eliminated in accordance with Annex 1 (Schedules of Tariff Commitments).

25. Bilateral safeguard measures shall not be applied or maintained after the end of the transition period.

For the purpose of this Chapter, the terms and their definitions set out in Annex 1 to the TBT Agreement are incorporated into and form part of this Chapter.

The objective of this Chapter is to increase and facilitate trade in goods between the Parties by:

(a) ensuring that standards, technical regulations and conformity assessment procedures do not create unnecessary obstacles to trade;

(b) enhancing bilateral cooperation in accordance with the rights and obligations of the Parties with respect to the TBT Agreement as provided in this Chapter, including through bilateral initiatives regarding standards, technical regulations and conformity assessment procedures, as appropriate;

(c) promoting mutual understanding of each Party's standards, technical regulations and conformity assessment procedures;

(d) strengthening information exchange and cooperation between the Parties in the field of standards, technical regulations and conformity assessment procedures including the work of relevant international bodies;

(e) providing a framework to realise this objective; and

(f) addressing the issues that may arise under this Chapter.

1. This Chapter shall apply to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures of the Parties as defined in Annex 1 to the TBT Agreement which may affect trade in goods between the Parties.

2. Notwithstanding paragraph 1 of this Article, this Chapter shall not apply to:

(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies; and

(b) sanitary and phytosanitary measures, which are covered by Chapter 7 (Sanitary and Phytosanitary Measures).

1. Except as otherwise provided in this Chapter, Articles 2 to 10 as well as Annex 3 to the TBT Agreement shall apply between the Parties and are incorporated into and form part of this Agreement.

2. Nothing in this Chapter shall limit the respective rights and obligations of the Parties under the TBT Agreement.

1. The Parties recognise the important role that international standards, guides and recommendations can play in supporting greater regulatory alignment and in reducing unnecessary barriers to trade.

2. With respect to the preparation, adoption and application of standards, each Party shall ensure that its standardising body accepts and complies with Annex 3 to the TBT Agreement.

3. Each Party takes into consideration the TBT Committee Decision <*> when determining the international standard, guide or recommendation within the meaning of Articles 2 and 5 and Annex 3 to the TBT Agreement.

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<*> For greater certainty, the TBT Committee Decision should be understood as a Decision of the WTO Committee on Technical Barriers to Trade of 1st January 1995 (G/TBT/1/Rev.13) or its revision.

4. The Parties shall take into consideration the development of standards through processes that are consistent with the TBT Committee Decision.

1. The Parties shall, consistent with paragraph 4 of Article 2 of the TBT Agreement, use relevant international standards or the relevant parts of them as a basis for their technical regulations except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued. Where a Party does not use such international standards or their relevant parts as a basis for its technical regulations, it shall explain the reasons upon request of the other Party.

2. Each Party shall uniformly and consistently apply its technical regulations that are prepared and adopted in a manner consistent with the provisions of the TBT Agreement to its whole territory.

3. Each Party shall give positive consideration to accepting as equivalent, technical regulations of the other Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of its own regulations.

4. If a Party does not accept a technical regulation as equivalent to its own, the Parties are encouraged to compare the technical regulation and discuss the differences and the reasons for such differences within a reasonable period of time.

1. The Parties recognizes the important role of the relevant regional and international organisations such as the International Accreditation Forum and International Laboratory Accreditation Cooperation in enhancing cooperation in the area of conformity assessment and for the purpose of trade facilitation. In this regard, each Party shall take into consideration the participation status of the other Party's relevant bodies in such organisations in order to facilitate such cooperation.

2. The Parties shall ensure that when there are two or more conformity assessment bodies authorised by a Party to carry out conformity assessment procedures required for placing the same good on the market, economic operators may choose among them.

3. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment procedures, and shall exchange information on such mechanisms with a view to facilitating the acceptance of results of conformity assessment procedures conducted in another Party. Such mechanisms may include but not limited to:

(a) recognition of cooperative arrangements between accreditation bodies in the territory of each Party;

(b) promotion of mutual recognition of conformity assessment procedures conducted by accredited conformity assessment bodies located in the territory of the other Party;

(c) use of existing regional and international multilateral recognition agreements and arrangements;

(d) designating conformity assessment bodies by the government of a Party which is located in the territory of the other Party to perform conformity assessment procedures;

(e) other mechanisms as mutually agreed by the Parties.

1. Parties shall seek to identify trade-facilitating initiatives regarding standards, technical regulations and conformity assessment procedures that are appropriate for particular issues or sectors of mutual interest subject to the situation of the Party and the specific sectors involved.

2. Where Parties decide to initiate discussions or negotiations on arrangements on mutual recognition of the results of conformity assessment procedures, the Parties shall cooperate on the necessary steps which include:

(a) identifying specific products and the respective requirements for such products;

(b) assessing the equivalence of technical regulations and the respective conformity assessment procedures for such products;

(c) considering the accreditation systems and designation procedures for conformity assessment bodies, including the use of regional and international MRA mechanism for accreditation; and

(d) other steps as mutually agreed.

3. In order to implement the agreements and arrangements on mutual recognition of conformity assessment results as specified in paragraph 2 of this Article, each Party shall normally designate conformity assessment bodies in its territory.

4. Parties shall ensure that all necessary and relevant information shall be provided during discussions over such arrangements.

1. The Parties recognise the importance of the provisions relating to transparency in the TBT Agreement. In this respect, the Parties take into consideration relevant decisions and recommendations in terms of transparency adopted by the WTO TBT Committee.

2. Each Party shall normally allow 60 (sixty) days from the date of notification to the WTO in accordance with paragraph 9 of Article 2 and paragraph 6 of Article 5 of the TBT Agreement for the other Parties <*> to provide comments in writing, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. Each Party shall take the comments of another Party into account and endeavour to provide responses to those comments upon request.

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<*> For greater certainty, for the purpose of this paragraph, Parties shall be understood as Parties to this Agreement including their interested parties.

3. Each Party shall provide an explanation for the objectives of the proposed technical regulation or conformity assessment procedure and how the technical regulation or the conformity assessment procedure achieves them within 30 (thirty) working days after the receipt of a written request.

4. Where a Party makes notification under paragraph 10 of Article 2 or paragraph 7 of Article 5 of the TBT Agreement due to urgent problems of safety, health, environmental protection or national security, it shall upon written request of the other Party, provide copies of the notified technical regulation or conformity assessment procedure within 10 (ten) working days after receipt of the request.

5. Each Party affirms its commitment to ensure that drafted or adopted technical regulations and conformity assessment procedures are made available in accordance with the relevant requirements of the TBT Agreement.

6. Each Party shall make available to the other Party the list of conformity assessment bodies accredited by its accreditation bodies, as well as information on their scopes of accreditation.

7. The Parties are encouraged to improve transparency in the development of standards, technical regulations and conformity assessment procedures, including the use of electronic tools.

8. Each Party should normally allow at least 6 (six) months from the publication of a technical regulation and its entry into force in order to provide sufficient time for producers to adapt their products or methods of production to the requirements of the other Party, except for situations where urgent problems of safety, health, environmental protection or national security arise or threaten to arise for the Parties or when this would be ineffective in fulfilling the legitimate objectives pursued by the technical regulation.

9. The Parties shall endeavour to exchange information under this Article in the English language.

1. The Parties shall cooperate on areas of mutual interest in the field of standards, technical regulations and conformity assessment procedures. The cooperation will be carried out on mutually agreed terms and conditions.

2. A Party may request the other Party to provide information on any matter arising under this Chapter, including on the differences in the contents and structure of the relevant international standards modified in developing the Parties' national standards. A Party receiving a request under this paragraph shall provide the information within a reasonable period of time and, if possible, by electronic means.

3. Each Party shall give prompt and positive consideration to any request from the other Party for technical discussions on any matter arising under this Chapter.

4. On a request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall agree to enter into technical discussions by notifying the contact points established under Article 6.11 (Contact Points).

5. Technical discussions shall be carried out by the Parties within 30 (thirty) working days of the receipt of the request, unless agreed otherwise by the Parties, with a view to reaching a mutually satisfactory solution of the matter as expeditiously as possible. Technical discussions may be conducted via any means agreed by the Parties.

1. Each Party shall designate a contact point or contact points, which shall have the responsibility for coordinating the implementation of this Chapter.

2. Each Party shall provide the other Party with the information on the designated contact point or contact points, including contact details such as names, telephone numbers and email addresses of contact points. Each Party shall keep this information up to date.

3. Each Party shall provide, upon request by the other Party, the information on relevant competent authorities and a written description of their responsibilities.

4. The communication and information exchange between the contact points shall be conducted in the English language.

This Chapter shall apply to all sanitary and phytosanitary (hereinafter referred to as "SPS") measures of the Parties that may, directly or indirectly, affect trade between the Parties.

The definitions set out in Annex A to the SPS Agreement and the relevant definitions developed by the international organisations: the Codex Alimentarius Commission (hereinafter referred to as "Codex Alimentarius"), the World Organisation for Animal Health (hereinafter referred to as "WOAH") and the International Plant Protection Convention (hereinafter referred to as "IPPC") shall apply in the implementation of this Chapter.

1. The Parties reaffirm their existing rights and obligations with respect to each other under this Chapter. Except as otherwise provided for in this Chapter, the SPS Agreement shall apply between the Parties and is incorporated into and forms part of this Agreement.

2. The Parties shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health in the territory of the Parties while minimizing the negative effects of the SPS measures on mutual trade.

1. The Parties acknowledge that recognition of equivalence is an important means to facilitate trade.

2. The Parties may recognise the equivalence of an individual measure, a group of measures or on a systems-wide basis, to the extent that it is feasible and permissible taking into account the relevant standards, guidelines or recommendations of the WTO Committee on SPS Measures, the IPPC, the WOAH and the Codex Alimentarius.

3. The Parties shall, upon request, enter into consultations with the aim of achieving agreements on recognition of the equivalence of an individual measure, a group of measures or a systems-wide basis within a reasonable period of time.

1. The Parties shall ensure that their SPS measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organisations.

2. In cases where relevant scientific evidence is insufficient, a Party may provisionally adopt SPS measures on the basis of available pertinent information.

1. The Parties recognise the concept of adaptation to regional conditions, including pest- or disease-free areas and areas of low pest or disease prevalence as an important means to facilitate trade.

2. In the implementation of paragraph 1 of this Article, the Parties shall consider the relevant standards, guidelines or recommendations of the WTO Committee on SPS Measures, the IPPC and the WOAH.

3. Determination of such areas shall be based on factors such as geography, ecosystems, epidemiological surveillance and the effectiveness of SPS controls.

4. An exporting Party shall provide the necessary evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, respectively. Reasonable access shall be given, upon request, to the importing Party for inspection, testing, and other relevant procedures.

5. If the importing Party does not accept the evidence provided by the exporting Party, it shall explain the reasons and shall be ready to enter into consultations.

1. Each Party may carry out an audit and/or inspection taking into account relevant international standards, guidelines or recommendations.

2. An audit shall be systems-wide based and conducted to assess the capability of the regulatory controls of the competent authorities and the official supervision system of the exporting Party to ensure the safety of products and to meet SPS measures of the importing Party or to meet SPS measures that the importing Party has determined to be equivalent to its SPS measures. <*>

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<*> For greater certainty, nothing in this paragraph prevents the importing Party from performing an inspection of a facility for the purposes of determining if the facility conforms with the importing Party's sanitary or phytosanitary requirements or conforms with sanitary or phytosanitary requirements that the importing Party has determined to be equivalent to its sanitary or phytosanitary requirements.

3. The auditing or inspecting Party shall provide the audited or inspected Party with an opportunity to comment on the initial findings of an audit or inspection and take any such comments into account before making its conclusions and taking any action.

4. The auditing or inspecting Party shall provide a report in writing to the audited or inspected Party within a reasonable period of time. The Parties shall, to the fullest extent possible, endeavour to provide a summary of the report with its conclusions in the English language.

5. Costs incurred by the auditing or inspecting Party shall be borne by the auditing or inspecting Party, unless both Parties agree otherwise subject to laws and regulations of the Parties.

6. Any fees imposed for the procedures on imported products under this Chapter shall be equitable in relation to any fees charged on like domestic products and shall not be higher than the actual cost of the service.

1. Where a document (certificate) confirming safety is required to confirm animal or plant health or safety of the products traded between the Parties, the exporting Party shall ensure compliance with the requirements of the importing Party. The importing Party shall ensure that its import requirements are applied in a proportionate and non-discriminatory manner to the extent necessary to protect human, animal or plant life or health taking into account the international standards, guidelines, or recommendations.

2. The Parties agree that procedures for approval of forms of documents (certificates) confirming animal or plant health or safety of the products shall be undertaken and completed without undue delay. If an exporting Party considers that an undue delay arises, the exporting Party may request consultations with the importing Party.

3. The Parties shall promote the use of electronic technologies in the documents (certificates) confirming animal or plant health or safety of the products in order to facilitate trade.

1. The importing Party shall have the right to carry out import checks based on the SPS risks associated with importation.

2. Import checks shall be conducted in accordance with the importing Party's laws and regulations without undue delay.

1. The Parties shall endeavour to implement transparency in the preparation and application of SPS measures, including through, but not limited to, the exchange of information on their respective SPS measures in a timely manner.

2. When a Party makes notification of an SPS measure to the WTO, this Party shall provide, upon request, copies of the proposed SPS regulation to the requesting Party.

3. Each Party shall allow at least 60 (sixty) days for the other Party to present comments on the proposed SPS measures except where urgent problems of health protection arise or threaten to arise. Each Party shall take the comments of the other Party into account and shall endeavour to provide responses to these comments upon request.

4. The Parties, through their contact points, shall inform each other of recurring or significant cases of non-compliance of SPS measures that directly or indirectly restrict trade and/or threaten human, animal or plant life or health, and exchange relevant documents which confirm this non-compliance without undue delay.

5. Each Party upon written request from the other Party shall provide timely information on any matter related to the SPS measures which has arisen or may arise from bilateral trade between the Parties.

6. Upon request of a Party, the other Party shall provide within 60 (sixty) days information on the status of the Party's application for market access related to SPS requirements.

7. The Parties shall, to the fullest extent possible, endeavour to exchange information in the English language.

1. The Parties may adopt emergency measures that are necessary for the protection of human, animal or plant life or health. Where a Party adopts such an emergency measure that affects trade between the Parties, that Party immediately notifies <*> such measure to the other Party.

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<*> Such notification shall be considered to have taken place when the information has been notified to the WTO in accordance with the relevant rules and procedures.

2. Either Party may request consultations regarding the emergency measures that shall be held as soon as possible unless otherwise agreed by the Parties.

1. Each Party may send a request in writing to hold consultations through relevant contact points to resolve any matters arising from the application of an SPS measure, if it considers that such measure affects trade between the Parties.

2. To hold consultations each Party shall endeavour to provide all the necessary information within 30 (thirty) days following the receipt of the request for consultations.

3. The requested Party shall enter into consultations within a period not exceeding 60 (sixty) days upon receipt of the request, unless otherwise mutually agreed, with a view to find a mutually satisfactory solution. If the requesting Party considers the matter is urgent, it may request that consultations shall take place within a shorter time frame and the other Party shall endeavour to enter in such consultations in the proposed time frames.

4. Consultations may be conducted via any means mutually agreed by the Parties concerned.

5. If the Parties concerned consider it necessary, the results of the consultations may be stated in written form and mutually agreed within 2 (two) months.

6. In case either Party considers that the matter cannot be resolved through consultations <*>, such Party shall have the right to seek resolution through the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement) of this Agreement.

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<*> For greater certainty, no Party shall have recourse to Dispute Settlement under Chapter 12 (Dispute Settlement) for a matter arising under this Chapter without first seeking to resolve the matter through technical consultations in accordance with this Article.

1. The Parties agree to strengthen their cooperation with a view to increase mutual understanding of their respective SPS systems. This cooperation may include:

(a) collaborative work and information exchange between competent authorities on SPS issues within the scope of this Chapter;

(b) encouragement of cooperation of the competent authorities of the Parties involved into issues on food safety, human, animal or plant life or health within the framework of relevant international organisations;

(c) development of the exchange of experience, knowledge and best practices between the competent authorities in order to enlarge potential and deepen mutual understanding of the Parties on food safety issues, implementation of SPS measures, preventing the spread of animal diseases and pests spreading;

(d) encouragement of the exchange of experience with respect to, inter alia, laboratory testing techniques, disease or pest control methods and risk analysis.

2. The Parties may conclude additional arrangements on matters related to SPS measures including initiatives that promote trade.

Each Party shall designate a contact point or contact points to communicate on any matters arising from the implementation of this Chapter. The contact points' functions shall include the following:

(a) coordinating the operation between the Parties under Article 7.10 (Transparency and Information Exchange);

(b) providing information exchange within the scope of this Chapter;

(c) receiving and making requests for cooperation within the scope of this Chapter and providing relevant responses;

(d) receiving and making requests for consultations and providing relevant responses.

The Parties shall exchange names and contact details of their contact points.

Each Party shall promptly notify the other Party of any change to its contact point.

1. The Parties recognise the dynamic and innovative nature of electronic commerce, which has a positive effect on the growth of mutual trade between the Parties and provides benefits to all participants of trade between the Parties.

2. The objectives of this Chapter are to promote the development of electronic commerce between the Parties taking into account the importance of avoiding the imposition of unnecessary barriers related to electronic commerce and enhance cooperation among the Parties regarding development of electronic commerce.

1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.

2. This Chapter shall not apply to:

(a) information held or processed including information collected or transferred, by or on behalf of a Party, or measures related to such information, including measures related to its collection, holding, processing or transfer; and

(b) government procurement.

For the purposes of this Chapter:

"personal data" means any information, including data, that refers to an identified or identifiable (either directly or indirectly) natural person, either separately or combined with other information;

"unsolicited commercial electronic message" means an electronic message which is sent for commercial or marketing purposes to an electronic address or electronic device, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.

1. The Parties shall not deny that electronic signatures have the same legal effect and validity as such signatures in non-electronic form, unless otherwise provided for in their laws and regulations.

2. To the extent possible in accordance with its laws and regulations, each Party shall:

(a) permit participants in an electronic transaction to mutually determine and implement an appropriate authentication method and technology for their electronic transaction;

(b) not limit the recognition of electronic authentication technologies and their implementation for electronic transactions; and

(c) permit participants in electronic transaction to have the opportunity to prove that their electronic transaction complies with its laws and regulations with respect to electronic authentication.

3. For greater certainty, electronic signatures as referred to in paragraph 1 of this Article and the method of electronic authentication as referred to in paragraph 2 of this Article shall comply with the legal requirements prescribed by the laws and regulations of a Party.

4. The Parties shall endeavour to mutually recognise electronic signatures, where is applicable, and shall encourage the use of interoperable electronic authentication.

1. The Parties recognise the importance of eliminating paper forms and documents required for import, export or transit of goods.

2. The Parties shall endeavour to make forms of documents issued or controlled by the competent authorities of a Party required for import, export or transit of goods available to the public in electronic format.

3. The Parties shall endeavour to accept documents issued or controlled by the competent authorities of a Party required for import, export or transit of goods submitted in electronic format as the legal equivalent of the paper version of those documents.

4. The Parties endeavour to implement initiatives which provide for the use of paperless trading taking into account the methods and recommendations agreed by international organisations.

5. The Parties shall cooperate in regional or international fora in which the Parties are participants or members to enhance paperless trading.

Unless otherwise provided for under the laws or regulations, the Parties shall not deny the legal effect and enforceability of an electronic contract <*> solely on the basis that the contract has been made by electronic means.

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<*> For greater certainty, an electronic contract includes a contract made by interaction with an automated message system.

1. The Parties recognise the economic and social benefits of protecting personal data of users of electronic commerce and the contribution that it makes to enhancing consumer confidence in electronic commerce.

2. The Parties shall adopt or maintain measures that ensure the protection of personal data of the users of electronic commerce in accordance with their laws and regulations.

3. The Parties reserve the right to limit cross-border transfer of personal data when such transfer is effected from one Party to another through the territory of a non-Party to this Agreement.

4. The Parties shall endeavour to maintain the measures that ensure obtaining the individual's consent for cross-border transfer of their personal data for the use of electronic commerce, except for the cases provided by laws and regulations of the Parties.

5. The Parties shall cooperate, to the extent possible, for the protection of personal data transferred from a Party.

1. The Parties recognise the importance of adopting and maintaining transparent and effective measures that enhance consumer confidence and trust in electronic commerce.

2. The Parties shall adopt or maintain measures to proscribe misleading, fraudulent and deceptive commercial activities that cause harm or potential harm, to consumers engaged in electronic commerce.

3. The Parties shall afford to consumers who are engaged in electronic commerce protection at a level not less than that afforded to consumers who are engaged in other forms of commerce.

4. Each Party shall, to the extent possible, take measures to promote the following fair business practice principles in electronic commerce:

(a) to provide accurate, detailed and clear information about goods or services and their seller, producer or supplier to enable consumers to make an informed and deliberate decision about the transaction, and retain record of the transaction;

(b) to inform the consumer about the warranty period and expiration dates of goods;

(c) to ensure the consumer consent to purchase;

(d) to provide to consumer, before the purchase is concluded, a possibility to correct or modify the order;

(e) to provide the usage of payment mechanisms available to consumers that provide a secure convenient payment;

(f) to grant safety of goods or services with conditions of appropriate use based on the information provided;

(g) to compensate by seller for damage caused by the violation of consumer rights;

(h) to inform the consumer about the delivery method of goods or services.

5. The Parties shall endeavour to provide mechanisms for submission of complaints on the violation of consumer rights and their consideration by the competent authorities of the Party. Such mechanisms should be available for foreign consumers.

6. The Parties shall endeavour to make information regarding the consumer protection mechanisms available to public, including the mechanism for submission of complaint.

7. The Parties recognise the importance of cooperation between their respective consumer protection agencies or other relevant bodies including the exchange of information on laws and regulations, best practices, as well as cooperation in appropriate cases of mutual concern regarding the violation of consumer rights in relation to electronic commerce.

1. Each Party will take into account the importance of minimising the quantity of unsolicited commercial electronic messages.

2. Each Party shall endeavour to provide recourse for consumers against suppliers of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained to minimise unsolicited commercial electronic messages in accordance with the laws and regulations of the Party.

3. The Parties shall cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.

1. Recognising the global nature of electronic commerce and with the view to increase the level of confidence in electronic commerce, the Parties shall endeavour to:

(a) exchange information and share experience on regulation and enforcement between competent authorities of the Parties, as well as cooperate on:

electronic signature;

paperless trading;

personal data protection;

consumer protection;

security in electronic commerce;

unsolicited commercial electronic message.

(b) prevent misleading, fraudulent and deceptive commercial practices in electronic commerce;

(c) encourage the private sector to adopt self-regulation, including through codes of conduct, model contracts, guidelines and other measures that foster electronic commerce;

(d) promote dialogue and communication between private sector representatives of the Parties involved in electronic commerce including by means of organizing seminars and expert dialogues;

(e) develop approaches on the collection of statistical information on electronic commerce;

(f) where feasible, exchange available statistical information on electronic commerce between the Parties; and

(g) cooperate in any other spheres of mutual interest.

2. The Parties shall endeavour to undertake forms of cooperation that build on and do not duplicate existing cooperation initiatives pursued in international fora.

1. Each Party shall designate a contact point to communicate on any matters arising from the implementation of this Chapter. The contact points' functions shall include the following:

(a) providing information exchange within the scope of this Chapter;

(b) receiving and making requests for cooperation within the scope of this Chapter and providing relevant responses;

(c) receiving and making requests for consultations under Article 8.12 (Consultations) and providing relevant responses.

2. The Parties shall exchange the names and contact details of their contact points.

3. Each Party shall promptly notify the other Party of any change to its contact point.

1. To foster mutual understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, upon the request of the other Party's contact point designated in accordance with Article 8.11 (Contact Points), enter into consultations on issues raised by the other Party. The requested Party shall accord full and comprehensive consideration of the matter that is the subject of consultations as promptly as reasonably possible.

2. To facilitate the discussion of the matter that is the subject of the consultations, each Party shall endeavour to provide relevant non-confidential information to the other Party. The Parties shall aspire to reach consensus on the issue of concern through constructive dialogue.

3. Consultations shall be conducted in the form of a meeting or through other means as agreed by the Parties.

Any matter arising under this Chapter shall not be subject to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement).

The Parties recognise the importance of protection and enforcement of intellectual property rights in order to incentivise research, development and creative activity, which will promote economic and social development, as well as dissemination of knowledge and technology. The Parties also recognise the necessity of balance between the legitimate interest of right owners and the general public.

For the purposes of this Chapter:

"intellectual property" means all categories of intellectual property that are the subject to the provisions of this Chapter;

"nationals" means natural or legal persons who are domiciled or have a real and effective industrial or commercial establishment within the customs territories of the Parties;

"WIPO" means the World Intellectual Property Organization, established in accordance with the Convention Establishing the World Intellectual Property Organization of 14 July 1967.

1. The Parties, which are party to the TRIPS Agreement, reaffirm their rights and obligations set out therein, including in its interpretative notes as well as in any exceptions, exemptions and waivers to the obligation applicable under the WTO Agreement. The Parties, which are not party to the TRIPS Agreement, shall endeavour to follow the principles and provisions of the TRIPS Agreement.

2. The Parties reaffirm their commitments established in existing international agreements in the field of intellectual property rights, to which they are parties, including the following:

(a) the Paris Convention for the Protection of Industrial Property of 20 March 1883 (hereinafter referred to as "Paris Convention");

(b) the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886;

(c) the Patent Cooperation Treaty of 19 June 1970;

(d) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 27 June 1989;

(e) the WIPO Performances and Phonograms Treaty of 20 December 1996 (hereinafter referred to as "WPPT");

(f) the WIPO Copyright Treaty of 20 December 1996 (hereinafter referred to as "WCT"); and

(g) the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of 28 April 1977.

3. The Parties, which are not party to the following international agreements, will endeavour to follow their principles and provisions:

(a) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 26 October 1961;

(b) the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms of 29 October 1971;

(c) the International Convention for the Protection of New Varieties of Plants of 2 December 1961 (hereinafter referred to as "UPOV Convention");

(d) the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 2 July 1999;

(e) the Singapore Treaty on the Law of Trademarks of 27 March 2006;

(f) the Beijing Treaty on Audiovisual Performances of 24 June 2012; and

(g) the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled of 27 June 2013.

Each Party shall accord to the nationals of the other Party treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property set out in Articles 3 and 5 of the TRIPS Agreement.

Each Party shall accord to the nationals of the other Party treatment no less favourable than that it accords to the nationals of any other country with regard to the protection of intellectual property set out in Articles 4 and 5 of the TRIPS Agreement.

1. The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 9 through 14 of the TRIPS Agreement provide adequate and effective protection of rights and interests pertaining to authors, performers, producers of phonograms and broadcasting organizations for their works, performances, phonograms and broadcasts, respectively.

2. Each Party shall guarantee the effective protection and provide for enforcement of copyright and related rights in the digital environment in accordance with its respective laws and regulations.

1. The Parties shall in accordance with the WCT and the WPPT provide adequate and effective remedies against circumvention of effective technological measures.

2. The Parties shall in accordance with the WCT and the WPPT provide protection of rights management information.

3. Each Party may provide for appropriate limitations and exceptions to measures implementing this Article in accordance with its respective laws and regulations.

1. The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 15 through 21 of the TRIPS Agreement provide adequate and effective protection of trademarks for goods and services.

2. For the purposes of identifying infringements under Article 16 of the TRIPS Agreement, the usage of a sign <*> means, in particular, when a person:

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<*> For greater certainty, the Parties understand that this provision may apply equally to use of a sign in the digital environment.

(a) applies the sign to goods or labels or the packaging thereof;

(b) manufactures, offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;

(c) imports goods under the sign;

(d) uses the sign on an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document, including any such document in any medium;

(e) uses the sign in advertising;

(f) applies the sign on the Internet, including domain names; or

(g) uses the sign in any other way provided for in the laws and regulations of the Party.

1. No Party may require as a condition for determining that a trademark is well-known that the trademark has been registered in that Party or in another jurisdiction.

2. The Parties shall at least in accordance with Article 6bis of the Paris Convention and Articles 16.2 and 16.3 of the TRIPS Agreement provide protection of well-known trademarks.

Each Party shall establish and maintain a system for registration of trademarks, which shall include:

(a) a requirement to provide to the applicant a communication in writing about the reasons for a refusal to register a trademark. Such communication may be provided electronically;

(b) a requirement that decisions on cancellation proceedings are to be reasoned and provided in writing. Such written decisions may be provided electronically; and

(c) an opportunity for interested persons to seek cancellation and invalidation of a trademark after it has been registered.

Each Party shall endeavour to establish and maintain:

(a) a system for the electronic application for, and maintenance of, trademarks; and

(b) a publicly available electronic information system, including an online database, of registered trademarks and trademark applications.

1. The Parties shall in accordance with their respective laws and regulations and Articles 22 and 23 of the TRIPS Agreement ensure adequate and effective legal protection of geographical indications <*> or appellations of origin of goods <**>.

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<*> For the purposes of this Article "geographical indications" means an indication which identifies a good as originating in the territory of a Party or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin, as defined in Article 22 of the TRIPS Agreement;

<**> For the purposes of this Article "appellations of origin of goods" means a geographical denomination that constitutes or contains contemporary or historical, official or unofficial, full or abbreviated name of a country, region or locality or other geographical area, which became known through its use in the country of origin in relation to the goods, the quality and characteristics of which are exclusively or essentially determined by the geographical environment, including natural and human factors.

2. The Parties recognise that geographical indications may be protected through a trademark or geographical indications or appellations of origin of goods system, subject to their respective laws and regulations.

3. The Parties may continue discussion and develop further cooperation on the subject matters of this Article, which may include but not limited to:

(a) exchange of each Party's respective list of geographical indications or appellations of origin of goods;

(b) entering into negotiations on mutual protection of geographical indications or appellations of origin of goods subject to their respective laws and regulations, availability of resources and willingness of each Party.

1. The Parties recognise the contribution made by genetic resources, traditional knowledge and traditional cultural expressions to scientific, cultural and economic development and the importance of the acknowledgment of the country of its source or origin.

2. Subject to each Party's international obligations and its laws and regulations, the Parties may establish appropriate measures to aim for the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.

3. The Parties agree to further discuss relevant issues <*> concerning genetic resources, traditional knowledge and traditional cultural expressions, taking into account future developments in their respective laws and regulations and international agreements and without prejudice to the outcome of these future developments.

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<*> For greater certainty, relevant issues to be discussed may include access, usage, disclosure requirements and benefit sharing of genetic resources, traditional knowledge and traditional cultural expressions.

1. The Parties shall endeavour to grant adequate and effective protection to new plant varieties consistent with the UPOV Convention.

2. Paragraph 1 of this Article shall apply without prejudice to the rights of each Party to protect national interest such as to conserve and protect its local plant varieties and government use of protected variety for emergency situations.

The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 27 through 34 of the TRIPS Agreement provide adequate and effective protection of inventions.

The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 25 and 26 of the TRIPS Agreement provide adequate and effective legal protection of industrial designs.

The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 35 through 38 of the TRIPS Agreement provide adequate and effective legal protection of layout designs (topographies) of integrated circuits.

The Parties shall in accordance with their respective laws and regulations and Article 10bis of the Paris Convention ensure protection against unfair competition.

1. The Parties shall ensure that the enforcement of intellectual property rights complies with their respective laws and regulations, international agreements to which the Parties are parties, and the TRIPS Agreement, in particular Articles 41 through 61.

2. The Parties shall make available to the right holders civil, administrative and judicial, including criminal, procedures concerning the enforcement of intellectual property rights.

3. The Parties shall endeavour to provide enforcement of intellectual property rights in digital environment.

1. The Parties shall in accordance with their respective laws and regulations and international agreements to which the Parties are parties, ensure effective enforcement of customs measures in respect of counterfeit trademark goods <*> and pirated copyright goods <**>.

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<*> For the purposes of this Article "counterfeit trademark goods" means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation.

<**> For the purposes of this Article "pirated copyright goods" means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.

2. Each Party shall ensure that the requirements for a right holder necessary to initiate procedures to suspend the release of goods suspected of being counterfeit trademark or pirated copyright goods shall not unreasonably deter recourse to these procedures.

3. Each Party shall adopt procedures to enable a right holder, who has valid grounds for suspecting that importation is carried out with counterfeit trademark goods, pirated copyright goods, to lodge an application to customs authorities claiming to apply measures of intellectual property rights enforcement provided that the importation in question infringes intellectual property rights under the laws and regulations of the country where the goods are found.

4. Each Party shall provide that its competent authorities shall inform the right holder of at least the names and other additional information identifying the declarant of the goods in question. Each Party shall provide that its competent authorities shall inform at least the declarant of the detained goods with the names and other additional information identifying the right holder.

5. The Parties may exclude from the application of this Article small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.

6. The Parties shall cooperate with each other in order to develop the connections among their customs and other competent authorities with the aim to enhance the enforcement of intellectual property rights at the border.

7. Each Party shall establish contact points to exchange information on trade in infringing goods. The Parties shall, in particular, promote the exchange of information and cooperation between their customs and other competent authorities.

1. The Parties shall endeavour to intensify cooperation in the field of intellectual property and science, technologies and innovations in accordance with their laws and regulations through:

(a) exchanging of information between competent authorities on the issue of intellectual property;

(b) organising meetings and specialised seminars, joint projects in the field of intellectual property, as well as science, technologies and innovations;

(c) encouraging interaction between expert communities in priority areas of cooperation;

(d) dissemination of scientific and technological knowledge; and

(e) supporting and involving talented youth in the scientific and technical sphere.

2. At the request of one of the Parties, the Parties shall:

(a) discuss ways to simplify channels of communication between the Parties; and

(b) conduct consultations on issues of intellectual property.

1. Each Party shall ensure that its laws and regulations of general application that pertain to the availability, scope, acquisition, enforcement and prevention of the infringements of intellectual property rights are publicly accessible.

2. Each Party shall endeavour to make the information referred to in paragraph 1 of this Article available in the English language and on the Internet.

1. The Parties shall determine bodies, which act as contact points for:

(a) the analysis and monitoring of the implementation of this Chapter;

(b) exchanging information on infringements of intellectual property rights;

(c) exchanging information on competent authorities in the field of intellectual property, science, technology and innovation; and

(d) any other matter or information as mutually agreed by the Parties.

2. The Parties shall exchange information on contact points within 90 (ninety) days after the entry into force of this Agreement.

3. The Parties shall promptly exchange information on any change of contact points or any significant changes in the structure or the competence of their authorities.

The Parties recognise the principles established in the Declaration on the TRIPS Agreement and Public Health adopted in Doha on 14 November 2001 by the Ministerial Conference of the WTO.

1. The Parties recognise that protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to maintain an appropriate balance between the rights of intellectual property rights holders and the legitimate interest of users and the public interest.

2. The Parties may hold seminars, trainings, round tables and other events dedicated to improve cooperation between the Parties in the field of transfer of technologies.

3. The Parties subject to their laws, regulations, policies and availability of resources may agree to encourage interested specialised agencies to enter into bilateral negotiations in the field of transfer of technologies.

1. The objectives of this Chapter are to:

(a) foster cooperation in areas of mutual interest;

(b) create new value-added chains;

(c) promote sustainable development and cooperation in trade;

(d) promote the implementation of joint projects that contribute to economic growth of the Parties in a mutually beneficial manner;

(e) support the implementation of this Agreement, with the objective of maximizing its benefits, supporting pathways to trade facilitation, to contribute to the sustainable inclusive economic growth and prosperity of the Parties.

2. The cooperation shall be built upon the following principles:

(a) mutual benefit;

(b) respect of laws and regulations of the Parties;

(c) fair competition and transparency.

1. The Parties agree that cooperation shall cover activities in areas of mutual interest and be carried out through forms agreed by the Parties. The Parties agree that cooperation may focus on the following areas: agriculture, energy, transport, industry, telecommunications, healthcare, education, construction, innovations, sustainable development and digital initiatives, halal industry, logistics, fisheries, mining, climate change and any other areas that the Parties may consider as of mutual interest.

2. Relevant areas of cooperation of the Parties may include:

(a) development and modernisation of industrial, transport, agricultural, telecommunication and other facilities of the Parties;

(b) development of joint production of high-tech, innovative and export- oriented products;

(c) establishment of cooperation ties between enterprises of the Parties;

(d) promotion of the development and creation of efficient mechanisms for interaction between the Parties in the sphere of research and development and in the sphere of digital innovations of the Parties;

(e) improvement of transport links;

(f) implementation of joint educational programs and projects as well as development of academic mobility;

(g) promotion of cooperation in the field of advanced medical technologies in order to develop innovative, competitive and efficient healthcare;

(h) promotion of cooperation in the field of energy efficiency, energy saving and renewable energy sources;

(i) (promotion of the implementation of joint projects and initiatives of mutual interest that may contribute to green growth;

(j) promotion of cooperation between halal certifier bodies or organisations of the EAEU Member States and Indonesia;

(k) any other areas that the Parties may consider as of mutual interest.

1. The Parties agree to strengthen cooperation in the following forms:

(a) exchange of relevant non-confidential information and consultations;

(b) information support for business communities of the Parties in accordance with their laws and regulations;

(c) promotion of dialogue and communication between the Parties including their business communities;

(d) promotion of joint investment projects;

(e) interaction related to the attraction of resources of international financial institutions for financing and co-financing projects of common interest;

(f) joint forums to discuss issues of economic cooperation, joint fairs, international workshops and scientific conferences;

(g) exchange of experience in the training of experts on matters covered by this Chapter;

(h) transfer of advanced technologies and innovations in a mutually beneficial manner;

(i) exchange of experience and best practices on low-carbon development, aimed at estimating the cooperation potential;

(j) other forms of cooperation as agreed by the Parties.

2. In order to raise awareness of the Parties including their business communities, the Parties may, taking into account their availability of resources and capabilities, make public on the Internet the illustrative list of specialised organisations/platforms which provide information and consultations on how to search for business partners and cooperate with them.

For the EAEU the aforementioned list is published on the official site of the Eurasian Economic Commission.

For Indonesia the list is published on the official site of the Government of the Republic of Indonesia.

1. For the implementation of this Chapter, the Sub-Committee on Economic Cooperation shall establish a Work Programme as a guidance to formulate economic cooperation activities.

2. The Work Programme is based on the proposals submitted by the Parties for the areas of cooperation, which may include forms of cooperation, objectives, and technical contact points.

The Parties shall endeavour to make available the necessary resources for the implementation of this Chapter, according to their mutual agreement.

1. Both Parties shall, within 90 (ninety) days from the date of entry into force of this Agreement, designate a contact point to communicate on any matters arising from the implementation of this Chapter. The contact points' functions shall include the following:

(a) providing information exchange within the scope of this Chapter;

(b) receiving and making requests for cooperation within the scope of this Chapter and providing relevant responses;

(c) providing a list of joint investment projects pursuant to Article 10.3 (Forms of Cooperation);

(d) receiving and making requests for consultations and providing relevant responses;

(e) providing information on the request of the other Party on matters covered by this Chapter; and

(f) communicating on any other matter arising from the implementation of this Chapter.

2. Both Parties shall exchange the names and contact details of their contact points.

3. Each Party shall promptly notify the other Party of any change to its contact point.

Any matter arising under this Chapter shall not be subject to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement).

The objectives of this Chapter are:

(a) to promote fair competition in the market through the implementation of respective laws and regulations of the Parties; and

(b) to encourage effective measures for cooperation between the Parties on competition law enforcement.

The Parties agree that these objectives will contribute to preventing the benefits of trade liberalisation and proper functioning of their markets from being undermined.

1. The Parties shall recognise the sovereign right of each Party to set, develop and enforce its respective competition laws and regulations, and the differences that exist in the capacity, resource and level of development in the area of competition law and policy of each Party.

2. Competition law enforcement activities of each Party shall be consistent with the principles of transparency and procedural fairness.

3. Competition law enforcement activities of each Party should not discriminate on the basis of nationality and shall be carried out regardless of the form of ownership.

1. The Parties agree that the following anticompetitive practices are incompatible with the proper functioning of this Agreement:

(a) agreements and concerted practices between persons which have as their object or effect the prevention, restriction or elimination of competition;

(b) abuse of a dominant position by one or more persons.

2. Each Party, in accordance with its respective laws and regulations, shall take all necessary measures in order to prevent and eliminate anticompetitive practices that affect trade between the Parties.

3. Each Party subject to its respective laws and regulations shall ensure that it assesses concentration of enterprises to the extent necessary for the protection of competition.

1. Each Party shall ensure that before a final decision is issued to any person in accordance with its respective competition laws and regulations, that person is provided with the reasons for the alleged violation which should be presented in written form and fair opportunity to be heard and to present evidence in his defence.

2. Each Party shall ensure an opportunity for an independent review or an appeal of the final decision issued by respective competition authorities in accordance with its respective competition laws and regulations.

3. Each Party shall not prevent the opportunity of a person who has allegedly contravened or is allegedly contravening a Party's competition law to be represented by legal counsel in accordance with its respective laws and regulations.

1. Each Party shall make public on the official website of its respective competition authority listed in Annex 5 (Official Websites of the Competition Authorities):

(a) its respective competition laws and regulations (or references to them);

(b) guidelines issued in relation to the enforcement of its competition laws and regulations;

(c) information on final decisions of the relevant competent authorities (excluding confidential information); and

(d) information on the performance of the respective competition authority.

2. The Parties shall publish information mentioned in paragraph 1 of this Article in the English language within the Parties' reasonably available resources.

3. In the event of any change to the websites listed in Annex 5 (Official Websites of the Competition Authorities), the respective competition authority of the Party shall inform the other Party on such a change through the contact point.

4. Each Party shall ensure that all final decisions of its relevant competent authorities are in writing, containing relevant finding of facts and legal basis on which the decisions are based.

1. The Parties recognise the importance of cooperation between their respective competition authorities with a view to promote effective competition law enforcement. Cooperation shall be conducted in accordance with the respective laws and regulations of the Parties and based on the availability of the resources.

2. Such cooperation shall include:

(a) requests for enforcement activities as referred to Article 11.7 (Requests for Enforcement Activities);

(b) upon request, exchange of information and consultations between the Parties to foster understanding or to facilitate effective competition law enforcement activities, including information on competition law enforcement practices which may affect the other Party's interests;

(c) exchange of experience and expertise in the field of competition policy, including on digital markets;

(d) technical cooperation activities including training programs, workshops, research collaborations and other activities for the purpose of enhancing each Party's capacity in competition policy and competition law enforcement; and

(е) other forms of mutually beneficial cooperation as agreed by the Parties.

1. The Parties acknowledge that anticompetitive practices can occur in the territory of one Party that may, in addition to violating that Party's competition laws and regulations, adversely affect important interests of the other Party. To avoid conflicts resulting from enforcement activities on such anticompetitive practices, the Parties agree to cooperate and may request the respective competition authority of the other Party to initiate appropriate enforcement activities.

2. Any request to initiate such appropriate enforcement activities shall endeavour to take place at an early stage when the Party identifies the anticompetitive practice. This request shall state the reasons for the request in sufficient detail and may contain a proposal on exchange of additional information and other forms of cooperation that the requesting Party is competent to provide.

3. The requested Party shall carefully consider the possibility of initiating competition law enforcement activities, or expanding ongoing competition law enforcement activities to address the anticompetitive practices identified in the request in accordance with the requirements of its respective laws and regulations and inform the requesting Party of the results of such consideration as promptly as reasonably possible.

4. If competition law enforcement activities are initiated or expanded, the requested Party shall inform the requesting Party of their outcome and, to the extent possible, of any significant interim developments.

5. Nothing in this Article shall limit the discretion of the requested Party under its competition laws, regulations and enforcement policies to independently decide whether to undertake competition law enforcement activities with respect to the anticompetitive practices identified in the request, or preclude the requesting Party from withdrawing its request.

1. In order to foster mutual understanding between the Parties or to address specific matters that arise under this Chapter, each Party shall, upon the written request of the other Party's contact point in accordance with Article 11.9 (Contact Points), enter into consultations on the issues raised by the requesting Party. The requested Party shall accord full and comprehensive consideration of the matter that is the subject of consultations as promptly as reasonably possible. Where possible, the requesting Party shall indicate, how the matter affects trade between the Parties.

2. To facilitate the discussion of the matter subject to the consultations, each Party shall endeavour to provide relevant non-confidential information to the other Party. The Parties shall endeavour to reach consensus on the issue of concern.

3. Consultations shall be conducted in the form of a meeting or through other means as agreed by the Parties.

The Parties shall designate contact points and exchange their contact details to facilitate communication on relevant matters arising from the implementation of this Chapter. Any changes to the contact point of a Party shall be informed in a prompt manner to the other Party.

Any matter arising under this Chapter shall not be subject to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement).

1. For the purposes of this Chapter and Annexes 6 (Rules of Procedure for Arbitration) and 7 (Code of Conduct for Arbitrators):

"arbitrator" means a member of an arbitration panel established under Article 12.8 (Composition and Establishment of the Arbitration Panel);

"arbitration panel" means a panel established under Article 12.8 (Composition and Establishment of the Arbitration Panel);

"complaining Party" means any Party that requests the establishment of an arbitration panel under Article 12.7 (Initiation of Arbitration Procedure);

"disputing Parties" means Complaining Party and Party complained against;

"DSU" means the Understanding on Rules and Procedures Governing the Settlement of Disputes contained in Annex 2 of the WTO Agreement;

"Party complained against" means the Party that is alleged to be in violation of the provisions of this Agreement;

"proceeding", unless otherwise specified, means an arbitration panel proceeding under this Chapter.

2. For the purposes of this Chapter and Annexes 6 (Rules of Procedure for Arbitration) and 7 (Code of Conduct for Arbitrators), the Parties understand that in the case of the EAEU and its Member States, the "complaining Party" and "Party complained against" may refer to the EAEU within its respective areas of competence as derived from the Treaty of the EAEU, or its Member State within its respective areas of competence, acting on its own behalf, in relation to the subject matter of the dispute.

The objective of this Chapter is to avoid and settle any dispute between the Parties with a view to arriving at, where possible, a mutually acceptable solution.

1. Except as otherwise provided in this Agreement, this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of the provisions of this Agreement wherever a Party considers that:

(a) a measure of the other Party is inconsistent with the obligations under this Agreement; or

(b) the other Party has otherwise failed to carry out its obligations under this Agreement <*>.

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<*> A failure to carry out its obligations includes application by the Party complained against of any measure which is in conflict with its obligations under this Agreement.

2. For greater certainty, disputes arising from the nullification or impairment of any benefit that a Party could reasonably have expected to accrue to it under this Agreement as a result of the application of any measure by the other Party which is not inconsistent with this Agreement or a proposed measure, shall not be subject to the provisions of this Chapter.

1. Except as provided in this article, this Chapter is without prejudice to the rights of a Party to have recourse to dispute settlement procedures available under other agreements, including the WTO framework, to which it is a Party.

2. Where the complaining Party has, with regard to a particular measure, initiated a dispute settlement proceeding either under this Chapter or under other agreements, including the WTO framework, it shall not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has ended. Moreover, the complaining Party should not initiate dispute settlement proceedings under this Chapter and under other agreements, including the WTO framework, unless substantially different obligations are in dispute, or unless the forum selected fails for procedural or jurisdictional reasons to make findings on the claim seeking redress of that obligation, provided that the failure of the forum is not the result of a failure of a disputing Party to act diligently.

3. For the purposes of paragraph 2 of this Article:

(a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the DSU and are deemed to be ended when the Dispute Settlement Body (hereinafter referred to as "DSB") established in paragraph 1 of Article 2 of the DSU adopts the Panel's report, and the Appellate Body's report, as the case may be, under Articles 16 and paragraph 14 of Article 17 of the DSU;

(b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party's request for the establishment of an arbitration panel under Article 12.7 (Initiation of Arbitration Procedure) and are deemed to be ended when the arbitration panel issues its final report to the Parties under Article 12.11 (Interim and Final Arbitration Panel Report) or when arbitration procedures have been terminated under Article 12.15 (Suspension and Termination of Arbitration Procedures); and

(c) dispute settlement proceedings under other agreement are deemed to be initiated by a Party's request for the establishment of, or referred a matter to, a dispute settlement panel or arbitral tribunal and are deemed to be ended when the arbitration panel issues its final report to the Parties or when arbitration procedures have been terminated.

4. Nothing in this Chapter shall preclude a Party from implementing the suspension of obligations authorised by the DSB.

5. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations as provided for under this Chapter.

6. This article does not apply where the Parties agree in writing that this article shall not apply to a particular dispute.

1. The Parties shall at all times endeavour to agree on the interpretation and application of the provisions of this Agreement and to resolve any dispute thereof by entering into consultations in good faith with the aim of reaching a mutually agreed solution.

To this end, the Parties shall:

(a) provide sufficient information to enable a full examination of the matter

including how the measures at issue might affect the implementation or application of this Agreement;

(b) treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information; and

(c) endeavour to make available for the consultations personnel of its government agencies or other regulatory bodies who have responsibility for, or expertise in, the matter under consultation.

2. A Party shall seek consultations by means of a written request to the other Party's contact point and shall give the reasons for the request, including identification of the measures at issue, the applicable provisions of the Agreement and the reasons for the applicability of such provisions.

3. Consultations shall be held no later than 30 (thirty) days after the date of receipt of the request by the other Party, and shall be deemed concluded 60 (sixty) days after the date of receipt of the request, unless the Parties involved in consultations agree otherwise. Consultations on matters of urgency, including those regarding perishable goods, shall be held no later than 15 (fifteen) days after the date of receipt of the request by the other Party, and shall be deemed concluded 30 (thirty) days after the date of receipt of the request, unless the Parties involved in consultations agree otherwise.

4. Consultations may be held in person or by any technological means available to the Parties. If consultations are held in person, they shall be held in the territory of the Party to whom the request was made, unless the Parties involved in consultations agree otherwise. Consultations shall be confidential and without prejudice to the rights of either Party in any further proceedings.

5. If the Party to whom the request is made does not respond to the request for consultations within 10 (ten) days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 of this Article, or if consultations have been concluded and no mutually agreed solution has been reached, the complaining Party may request the establishment of an arbitration panel in accordance with Article 12.7 (Initiation of Arbitration Procedure).

1. The Parties may at any time agree to good offices, conciliation or mediation. Procedures for good offices, conciliation or mediation may begin at any time. They may be terminated at any time upon the request of either the complaining Party or the Party complained against.

2. If the disputing Parties so agree, good offices, conciliation or mediation may continue while the proceedings of the arbitration panel provided for in this Chapter are in progress.

3. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the Parties during those proceedings, shall be confidential and without prejudice to the rights of either Party in any other proceeding.

A request for the establishment of an arbitration panel shall be made in writing to the contact point of the Party complained against. The complaining Party shall identify in its request the specific measure or other matter at issue, whether consultations have been held and a summary of the legal basis of the complaint in a manner sufficient to present the problem clearly.

1. Where a request for the establishment of a panel is made pursuant to Article 12.7 (Initiation of Arbitration Procedure), an arbitration panel shall be established in accordance with this article.

2. The arbitration panel shall consist of three arbitrators.

3. Each disputing Party shall appoint an arbitrator within 30 (thirty) days after the receipt of the request under Article 12.7 (Initiation of Arbitration Procedure). Unless the disputing Parties otherwise agree, all arbitrators shall not be a national of a EAEU Member State or Indonesia. The two appointed arbitrators shall designate by common agreement the third arbitrator within 15 (fifteen) days after the appointment of the second arbitrator. The Parties shall, within 7 (seven) days after the date of the designation of the third arbitrator, approve or disapprove the appointment of that arbitrator, who shall, if approved, chair the arbitration panel and not fall under any of the following criteria:

(a) being a national of a EAEU Member State or Indonesia; or

(b) having usual place of residence in the territory of a EAEU Member State or Indonesia.

4. If either disputing Party fails to appoint an arbitrator within the time period established in paragraph 3 of this Article, the other disputing Party may request the Secretary-General of the Permanent Court of Arbitration (PCA) to designate the arbitrator who has not yet been appointed within 15 (fifteen) days of that request.

5. If the third arbitrator has not been designated as provided under paragraph 3 of this Article, or one of the disputing Parties disapproves the appointment of the third arbitrator, the PCA shall, at the request of either disputing Party, within a further period of 30 (thirty) days, appoint the third arbitrator, who shall act as the chairperson of the arbitration panel. In case the Secretary-General of the PCA is a national of a EAEU Member State or Indonesia or is incapable to realise this appointing function, the Deputy Secretary-General of the PCA or the officer next in seniority who is not a national of a EAEU Member State or Indonesia and who is capable to realise this appointing function shall be requested to make the necessary appointments.

6. All arbitrators shall:

(a) comply with the Code of Conduct attached as Annex 7 (Code of Conduct for Arbitrators);

(b) have expertise and/or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;

(c) be chosen strictly on the basis of objectivity, impartiality, reliability and sound judgment;

(d) be independent of, and not be affiliated with or take instructions from a Party;

(e) not have been involved in an alternative dispute settlement proceeding referred to in Article 12.6 (Good offices, Conciliation or Mediation) regarding the same dispute unless the disputing Parties agree otherwise;

(f) disclose, to the Parties, information which may give rise to justifiable doubts as to their independence or impartiality; and

(g) be nationals of states having diplomatic relations both with Indonesia and the EAEU Member States.

7. Exclusion of an arbitrator shall take place in case of violation of the Code of Conduct attached as Annex 7 (Code of Conduct for Arbitrators) and in accordance with the procedures detailed in Rules 16 to 20 of the Rules of Procedures attached as Annex 6 (Rules of Procedure for Arbitration).

8. If an arbitrator appointed under this Article resigns or becomes unable to serve, a successor arbitrator shall be appointed within 30 (thirty) days, or within 15 (fifteen) days in cases of urgency, including those concerning perishable goods, in accordance with the procedure as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. Any period of time applicable to the proceeding shall be suspended beginning on the date when the arbitrator resigns or becomes unable to act and ending on the date when a replacement is selected.

9. An arbitration panel shall be deemed to have been established upon the date of the appointment of the last arbitrator.

Unless the disputing Parties otherwise agree no later than 20 (twenty) days after the date of receipt of the request for the establishment of the arbitration panel, the terms of reference of the arbitration panel shall be:

"To examine, in the light of the relevant provisions of the Free Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and the Republic of Indonesia, of the other part, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 12.7 (Initiation of Arbitration Procedure), and to make findings, determinations and any recommendations for resolution of the dispute, and issue a written report, as provided in Article 12.11 (Interim and Final Arbitration Panel Report)".

1. The arbitration panel shall meet in closed session, unless the disputing Parties decide otherwise.

2. Each disputing Party shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a disputing Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other disputing Party.

3. A disputing Party asserting that a measure of the other disputing Party is inconsistent with this Agreement shall have the burden of establishing such inconsistency. A disputing Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.

4. The arbitration panel should consult with the disputing Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution or mutually agreed solution.

5. The arbitration panel shall make every effort to take any decision by consensus. Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote.

6. At the request of a disputing Party, or upon its own initiative, the arbitration panel may obtain information from any source it deems appropriate for the arbitration panel proceedings. The arbitration panel also has the right to seek the opinion of experts as it deems appropriate. The arbitration panel shall consult the disputing Parties before choosing such experts. Any information obtained in this manner must be disclosed to the disputing Parties and submitted for their comments. Where the arbitration panel takes such information into account in the preparation of its report, it shall also take into account any comment by the disputing Parties on such information.

7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.

8. Notwithstanding paragraph 7 of this Article, either disputing Party may make public statements as to its views regarding the dispute, but shall treat as confidential any information and written submissions submitted by the other disputing Party to the arbitration panel which that Party has designated as confidential. Where a disputing Party has provided information or written submissions designated as confidential, that Party shall, no later than 30 (thirty) days after a request by the other disputing Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.

1. The arbitration panel shall issue an interim report to the disputing Parties setting out:

(a) a summary of the submissions and arguments of the disputing Parties;

(b) the findings of fact, together with reasons;

(c) its determination as to the interpretation or application of the provisions of this Agreement, and whether

(i) a measure at issue is inconsistent with the obligations of this Agreement; or

(ii) a Party complained against has otherwise failed to carry out its obligations under this Agreement;

(d) any other determination requested in the terms of reference; and

(e) if there is a determination of inconsistency, its recommendation that the Party complained against bring the measure into conformity with the obligations under this Agreement and, if the disputing Parties agree, on the means to resolve the dispute, no later than 90 (ninety) days, or 60 (sixty) days in case of urgency, after the date of establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the disputing Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim report. Under no circumstances should the arbitration panel issue its interim report later than 120 (one hundred and twenty) days after the date of its establishment.

2. Any disputing Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 30 (thirty) days of its issuance. The arbitration panel shall consider any written comments on the interim report by the disputing Parties within 15 (fifteen) days from the date of receipt of the written comments. After considering any such written comments by the disputing Parties, the arbitration panel may modify its report and make any further examination it considers appropriate.

3. The arbitration panel shall issue its final report to the disputing Parties no later than 45 (forty-five) days, or 30 (thirty) days in case of urgency, after the issuance of the interim report. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the disputing Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its final report. Under no circumstances should the arbitration panel issue its final report later than 180 (one hundred and eighty) days after the date of its establishment. The final report shall set out the matters listed in paragraph 1 of this Article, include a sufficient discussion of the arguments made at the interim review stage and address clearly the written comments of the disputing Parties.

4. The final report of the arbitration panel is without appeal. In its findings and recommendations, the arbitration panel cannot add to or diminish the rights and obligations provided in this Agreement.

1. Each disputing Party shall take any measure necessary to comply in good faith with the final report of the arbitration panel. If, in its final report, the arbitration panel determines that a measure at issue is inconsistent with the obligations under this Agreement, or that the Party complained against has otherwise failed to carry out its obligations under this Agreement, the Party complained against shall, whenever possible, eliminate the non-conformity with this Agreement.

2. No later than 30 (thirty) days after the issuance of the final report of the arbitration panel, the Party complained against shall notify the complaining Party of the time it will require for compliance with the final report (reasonable period of time), if immediate compliance is not practicable. The disputing Parties shall endeavour to agree on the reasonable period of time.

3. If the disputing Parties fail to agree on the reasonable period of time within a period of 45 (forty-five) days after the issuance of the final report of the arbitration panel, the complaining Party may, no later than 50 (fifty) days after the issuance of the final report, request in writing the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other disputing Party. The original arbitration panel shall issue to the disputing Parties its determination on the length of the reasonable period of time no later than 20 (twenty) days after the date of the submission of the request.

4. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 12.8 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination on the length of the reasonable period of time shall be no later than 35 (thirty-five) days <*> after the date of the submission of the request referred to in paragraph 3 of this Article.

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<*> For greater certainty, the period of 35 (thirty-five) days does not include any days suspended pursuant to paragraph 7 of Article 12.8 (Composition and Establishment of the Arbitration Panel).

5. The Party complained against shall notify the complaining Party within the reasonable period of time of any measure that it has taken to comply with the final report of the arbitration panel. The reasonable period of time may be extended by mutual agreement of the disputing Parties at any time before its expiry.

6. In the event that there is disagreement between the disputing Parties concerning the existence or the consistency of any measure notified under paragraph 5 of this Article with the provisions of this Agreement, the complaining Party may request in writing that the original arbitration panel make a determination on the matter. Such request shall be notified simultaneously to the other Party, and shall identify any specific measure at issue and the provisions referred to in Article 12.3 (Scope) that it considers the measure to be inconsistent with, in a manner sufficient to present the disagreement clearly. The original arbitration panel shall issue to the disputing Parties its determination no later than 45 (forty-five) days after the date of the submission of the request.

7. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 12.8 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination shall be no later than 60 (sixty) days <*> after the date of the submission of the request referred to in paragraph 6 of this Article.

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<*> For greater certainty, the period of 60 (sixty) days does not include any days suspended pursuant to paragraph 7 of Article 12.8 (Composition and Establishment of the Arbitration Panel).

1. If the Party complained against fails to notify any measure taken to comply with the final report of the arbitration panel in accordance with Article 12.12 (Implementation of the Arbitration Panel Report), or if the arbitration panel determines that any measure notified under Article 12.12 (Implementation of the Arbitration Panel Report) does not exist or is inconsistent with any provision of this Agreement, the Party complained against shall enter into negotiations with the complaining Party, with a view to reaching a mutually acceptable agreement on compensation.

2. If the disputing Parties fail to agree on compensation within 30 (thirty) days after:

(a) the expiry of the reasonable period of time; or

(b) the issuance of the arbitration panel's determination that any measure notified under Article 12.12 (Implementation of the Arbitration Panel Report) does not exist or is inconsistent with any provision of this Agreement,

as the case may be, the complaining Party has the right, upon notification to the Party complained against, to suspend concessions or other obligations arising from this Agreement of equivalent effect to those affected by the measure that the arbitration panel has found to be inconsistent with this Agreement. The notification shall specify the level of concessions or other obligations that the complaining Party intends to suspend and indicate the reasons on which the suspension is based. The complaining Party may begin implementing the suspension 20 (twenty) days after the delivery of its notification to the Party complained against, subject to paragraph 4 of this Article.

3. In considering what concessions or other obligations to suspend pursuant to paragraph 2 of this Article:

(a) the complaining Party should first seek to suspend concessions or other obligations with respect to the same sector as that in which the final report of the arbitration panel referred to in Article 12.11 (Interim and Final Arbitration Panel Report) has found an inconsistency with the obligations under this Agreement;

(b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the same sector, it may suspend concessions or other obligations with respect to other sectors; and

(c) the complaining Party will take into consideration those concessions or other obligations the suspension of which would least disturb the functioning of this Agreement.

4. The Party complained against may request in writing the original arbitration panel to make a determination on whether the level of concessions or other obligations that the complaining Party intends to suspend is equivalent to those affected by the measure that the arbitration panel has found to be inconsistent with this Agreement. Such request shall be notified to the complaining Party before the expiry of the 20 (twenty) day period referred to in paragraph 2 of this Article. The original arbitration panel, having sought, if appropriate, the opinion of experts, shall issue to the disputing Parties its determination no later than 30 (thirty) days after the date of the submission of the request. Concessions or other obligations shall not be suspended until the arbitration panel has issued its determination and any suspension shall be consistent with the arbitration panel's determination.

5. In the event that any member of the original arbitration panel is no longer available, the procedures laid down in Article 12.8 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination shall be no later than 45 (forty-five) days <*> after the date of the submission of the request referred to in paragraph 4 of this Article.

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<*> For greater certainty, the period of 45 (forty-five) days does not include any days suspended pursuant to paragraph 7 of Article 12.8 (Composition and Establishment of the Arbitration Panel).

6. The compensation referred to in paragraph 1 of this Article and the suspension referred to in paragraph 2 of this Article are temporary measures. Neither compensation nor suspension is preferred to full elimination of any non-conformity with this Agreement as determined in the final report of the arbitration panel. Any suspension shall only be applied until such time as the non-conformity is fully eliminated, or the non-conformity is determined in accordance with Article 12.14 (Compliance Review) to have been eliminated, or the disputing Parties have otherwise reached a mutually satisfactory solution.

1. If the Party complained against considers that it has eliminated the non-conformity with this Agreement as originally determined by the final report of the arbitration panel, it may request in writing that the original arbitration panel make a determination on the matter. Such request shall be notified simultaneously to the other disputing Party. The original arbitration panel shall issue to the disputing Parties its determination no later than 45 (forty-five) days after the date of the submission of the request. If the arbitration panel determines that the Party complained against has eliminated the non-conformity with the provisions of this Agreement, the complaining Party shall cease to apply any suspension of concessions or other obligations that it has implemented.

2. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 12.8 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination shall be no later than 60 (sixty) days <*> after the date of the submission of the request referred to in paragraph 1 of this Article.

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<*> For greater certainty, the period of 60 (sixty) days does not include any days suspended pursuant to paragraph 7 of Article 12.8 (Composition and Establishment of the Arbitration Panel).

1. The arbitration panel shall, at the written request of both disputing Parties, suspend its work at any time for a period agreed by the disputing Parties, not exceeding 12 (twelve) months, and shall resume its work at the end of this agreed period at the written request of the complaining Party, or before the end of this agreed period at the written request of both disputing Parties. If the complaining Party does not request the resumption of the arbitration panel's work before the expiry of the agreed suspension period, the dispute settlement procedures initiated pursuant to this Chapter shall be deemed terminated.

2. The disputing Parties may, at any time, agree in writing to terminate the dispute settlement procedures initiated pursuant to this Chapter.

Dispute settlement procedures under this Chapter shall be governed by Annex 6 (Rules of Procedure for Arbitration).

The arbitration panel shall interpret the provisions of this Agreement in accordance with customary rules of interpretation of public international law.

Each disputing Party shall bear the cost of its appointed arbitrator and its own expenses and legal costs. Unless the disputing Parties otherwise agree, the cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the disputing Parties in equal shares.

1. All time limits laid down in this Chapter shall be counted in calendar days, the first day being the day following the act or fact to which they refer, unless otherwise specified.

2. Any time limit referred to in this Chapter may be modified by mutual agreement of the disputing Parties.

For the purposes of this Chapter:

"interested person" means any natural person or juridical person that may be subject to any rights or obligations under a measure of general application; and

"measure of general application" means laws, regulations, decision, judicial decisions and administrative rulings of general application pertaining to or affecting the matters covered by this Agreement, but does not include:

(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service in a specific case; or

(b) a ruling that adjudicates with respect to a particular act or practice.

1. Each Party shall ensure, in accordance with its respective laws and regulations, that its measures of general application with respect to any matter covered by this Agreement are promptly published, including on the Internet where feasible, or otherwise made available in such a manner as to enable the other Party and interested persons to become acquainted with them.

2. To the extent possible, each Party shall:

(a) publish in advance any such measures of general application with respect to any matter covered by this Agreement that it proposes to adopt; and

(b) provide interested persons and the other Party with a reasonable opportunity to comment on such proposed measures of general application with respect to any matter covered by this Agreement.

3. No measure of general application taken by any Party effecting an advance in a rate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports, or on the transfer of payments therefor, shall be enforced before such measure has been officially published.

1. To the maximum extent possible, each Party shall notify the other Party of any measure which, the Party considers, may materially affect the operation of this Agreement or otherwise 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 any measure of general application with respect to any matter covered by this Agreement, whether or not the requesting Party has been previously notified of that measure.

3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.

4. Any notification, request or information under this Article shall be provided to the other Party through the relevant contact points.

5. When the information pursuant to paragraph 1 of this Article has been made available by notification to the WTO in accordance with its relevant rules and procedures or when the aforementioned information has been made available on the official, publicly accessible and fee free websites of the Parties, the information exchange shall be considered to have taken place.

With a view to administering in a consistent, impartial and reasonable manner all measures of general application with respect to any matter covered by this Agreement, each Party in its administrative proceedings applying such measures to particular persons, goods or services of the other Party in specific cases shall:

(a) wherever possible provide persons of the other Party that are directly affected by a proceeding with reasonable notice, in accordance with its procedures, when a 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 any issue in question;

(b) afford such persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, insofar as time, the nature of the proceeding and the public interest permit; and

(c) ensure that the procedures are in accordance with its laws and regulations.

1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purposes, inter alia, of the prompt review and, when warranted, correction of final administrative actions with respect to matters covered by this Agreement. Such tribunals or procedures shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and submissions of record or, where required by its laws and regulations, the record compiled by the administrative authority.

3. Each Party shall ensure, subject to appeal or further review as provided for in its laws and regulations, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.

Specific provisions in other Chapters of this Agreement regarding the subject matter of this Chapter shall prevail to the extent that they differ from this Chapter.

1. The Parties hereby establish the Joint Committee comprising representatives of the EAEU and the EAEU Member States, of the one part, and Indonesia, of the other part.

2. After the entry into force of this Agreement, the Joint Committee shall meet every 2 (two) years in either one of the EAEU Member States or Indonesia alternately, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by Ministerial-level officials from both Parties or their designated representatives. The Joint Committee shall set its own agenda. Meetings of the Joint Committee may be conducted in person or by any other means as mutually determined by the Parties.

3. Further to paragraph 2 of this Article, if the Joint Committee meets at a Ministerial-level, it shall be preceded by a Senior Officials level meeting.

1. The Joint Committee shall:

(a) review the general functioning of this Agreement, in accordance with Article 15.4 (General Review of the Agreement);

(b) supervise and facilitate the application of this Agreement, and further its general aims;

(c) supervise and coordinate the work of all sub-committees established under this Agreement;

(d) consider ways to further enhance trade relations between the Parties;

(e) seek to resolve any issues in connection with this Agreement, without prejudice to Chapter 12 (Dispute Settlement);

(f) approve transposition to the Annex 2 (Product Specific Rules) to this Agreement prepared by the Sub-Committee on Trade in Goods in accordance with subparagraph "b" of paragraph 1 of Article 14.4 (Functions of Sub-Committees) in view of amendments to the HS; and

(g) consider any other matter related to this Agreement as the Parties may agree.

2. The Joint Committee may:

(a) decide to establish or dissolve any sub-committee, or allocate responsibilities or functions to it;

(b) decide to communicate with all interested persons and experts where relevant to any matter falling within its responsibilities;

(c) review recommendations made by sub-committees;

(d) make recommendations to the Parties that it deems appropriate, including on any modification to this Agreement;

(e) adopt decisions or make recommendations as envisaged by this Agreement;

(f) adopt its own rules of procedure; and

(g) take any other action in the exercise of its functions as the Parties may agree.

3. The implementation of transposition of Annex 2 (Product Specific Rules) referred to in subparagraph "f" of paragraph 1 of this Article shall be carried out by the Eurasian Economic Commission and appropriate competent authority of the Republic of Indonesia and shall enter into force simultaneously after the Parties have completed their internal procedures.

4. The Joint Committee shall draw up its decisions and recommendations by consensus between the Parties. The Parties shall take the necessary measures to operationalise the decisions of the Joint Committee.

1. The following Sub-Committees are established under this Agreement:

(a) Sub-Committee on Trade in Goods;

(b) Sub-Committee on Economic Cooperation;

(c) Sub-Committee on Trade Related Issues.

2. The Sub-Committee on Trade in Goods referred to in paragraph 1 of this Article shall be composed of the representatives of the competent authorities of the Parties and may invite representatives of other entities of the Parties with necessary expertise relevant to the issues to be discussed upon mutual agreement of the Parties.

3. The Sub-Committee on Economic Cooperation and the Sub-Committee on Trade Related Issues referred to in paragraph 1 of this Article shall be composed of representatives of the competent authorities and relevant stakeholders of the Parties, including but not limited to the line ministries, agencies, and experts.

4. The Sub-Committees referred to in paragraph 1 of this Article shall:

(a) be chaired jointly by the Parties;

(b) by mutual agreement, take decisions on any matter within their functions; and

(c) meet annually or as mutually determined by the Parties. Meetings may be conducted in person or by any other means of communication as mutually determined by the Parties.

5. The Sub-Committees referred to in paragraph 1 of this Article shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee.

6. The establishment or existence of a Sub-Committee shall not prevent either Party from bringing any matter directly to the Joint Committee.

7. The Sub-Committees may consult, as appropriate, with other Sub-Committees established under this Article when addressing issues of relevance to those Sub-Committees.

8. A provisional agenda for each meeting shall be forwarded to the Parties, as a general rule, no later than 1 (one) month before the meeting.

1. The Sub-Committee on Trade in Goods shall:

(a) review and monitor the implementation and operation of the Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Customs Administration and Trade Facilitation), 5 (Trade Remedies), 6 (Standards, Technical Regulations and Conformity Assessment Procedures) and 7 (Sanitary and Phytosanitary Measures);

(b) review, report the findings and make appropriate recommendations to the Joint Committee on:

(i) failure to fulfil the obligations by the Parties under the Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Customs Administration and Trade Facilitation), 5 (Trade Remedies), 6 (Standards, Technical Regulations and Conformity Assessment Procedures) and 7 (Sanitary and Phytosanitary Measures);

(ii) any amendments to the Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Customs Administration and Trade Facilitation), 5 (Trade Remedies), 6 (Standards, Technical Regulations and Conformity Assessment Procedures), and 7 (Sanitary and Phytosanitary Measures) or improvements to the tariff commitments referred to in paragraph 1 of Article 2.5 (Reduction and Elimination of Customs Duties); and

(iii) transposition of Annex 2 (Product Specific Rules) according to the amendments to the HS. Such transposition shall be carried out without impairing the existing commitments and shall be completed in a timely manner;

(c) consult to resolve any issues relating to the Chapter 2 (Trade in Goods), including those arising from revisions to the HS made in accordance with the International Convention on the Harmonized Commodity Description and Coding System, particularly as a consequence of the procedures and methodologies used by each Party in their respective nomenclatures, so as to ensure that commitments in Annex 1 (Schedules of Tariff Commitments) of the Parties are not altered;

(d) identify and recommend solutions to address any problem that may arise under the implementation and operation of the Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Customs Administration and Trade Facilitation), 5 (Trade Remedies), 6 (Standards, Technical Regulations and Conformity Assessment Procedures), and 7 (Sanitary and Phytosanitary Measures); and

(e) perform other functions as may be delegated by the Joint Committee pursuant to the Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Customs Administration and Trade Facilitation), 5 (Trade Remedies), 6 (Standards, Technical Regulations and Conformity Assessment Procedures) and 7 (Sanitary and Phytosanitary Measures).

2. The Sub-Committee on Economic Cooperation shall:

(a) promote cooperation of the Parties under the Chapter 10 (Economic Cooperation);

(b) establish the Work Programme referred to in Article 10.4 (Work Programme) in order to implement the Chapter 10 (Economic Cooperation);

(c) monitor and evaluate the implementation of the Chapter 10 (Economic Cooperation);

(d) conduct consultations with regard to any matter arising under the Chapter 10 (Economic Cooperation);

(e) discuss with the Parties involved any matter arising under the Chapter 10 (Economic Cooperation).

3. The Sub-Committee on Trade Related Issues shall:

(a) review and monitor the implementation and operation of the Chapters 8 (Electronic Commerce), 9 (Intellectual Property) and 11 (Competition);

(b) promote cooperation of the Parties under the Chapters 8 (Electronic Commerce), 9 (Intellectual Property) and 11 (Competition);

(c) discuss any matter arising under the Chapters 8 (Electronic Commerce), 9 (Intellectual Property) and 11 (Competition).

1. Each Party shall designate a contact point, which shall be responsible generally for communications with the other Party and the Joint Committee, for any matters covered by this Agreement except as otherwise specifically set out in other provisions of this Agreement.

2. Each Party shall designate its contact point in accordance with its internal procedures and notify the other Party on such designation within 90 (ninety) days from the date of entry into force of this Agreement. In the event of any change to a Party's contact point, that Party shall duly notify the other Party.

1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and the other agreements negotiated thereunder to which they are party, and any other international agreement to which they are party.

2. In the event of any inconsistency between this Agreement and any other agreements to which both Parties are party, the relevant Parties shall, upon request, consult with each other with a view to finding a mutually satisfactory solution.

If any provision of international agreements, including the WTO Agreement or a provision therein, referred to in this Agreement or incorporated into this Agreement is amended, the Parties shall consult with each other, via the Joint Committee, with a view to finding a mutually satisfactory solution, where necessary.

1. Where a Party is in serious balance-of-payments and external financial difficulties, or under threat thereof, it may, in accordance with Article XII of the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures. Such restrictive measures shall be consistent with the Articles of Agreement of the International Monetary Fund (hereinafter referred to "IMF").

2. Any Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify the other Party of them.

3. Where the restrictive measures referred to in paragraphs 1 and 2 of this Article are adopted or maintained, consultations shall be held promptly by the Joint Committee without prejudice to the rights of the Parties to have such consultations at the WTO and to the outcome of such consultations. <*> Consultations by the Joint Committee shall assess the balance-of-payments situation of the Party concerned and the restrictive measures adopted or maintained under this Article, taking into account, inter alia, factors such as:

--------------------------------

<*> Any result of the consultation held by the Joint Committee will not supersede the consultation process and result of the WTO Committee on Balance-of-Payments Restrictions.

(a) the nature and extent of the balance-of-payments and external financial difficulties;

(b) the external economic and trading environment; or

(c) alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2 of this Article. All findings of statistical and other facts presented by the IMF relating to foreign exchange, monetary reserves and balance-of-payments shall be accepted, and conclusions shall be based on the assessment by the IMF of the balance-of-payments and external financial situation of the Party concerned.

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between states where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:

(a) necessary to protect public morals;

(b) necessary to protect human, animal or plant life or health;

(c) relating to the importations or exportations of gold or silver;

(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trademarks and copyrights, and the prevention of deceptive practices;

(e) relating to the products of prison labour;

(f) imposed for the protection of national treasures of artistic, historic or archaeological value;

(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;

(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Members of the WTO and not disapproved by them or which is itself so submitted and not so disapproved;

(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination; or

(j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that the Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.

Nothing in this Agreement shall be construed:

(a) to require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests;

(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests

(i) relating to fissionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

(iii) taken in time of war or other emergency in international relations; or

(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

1. Nothing in this Agreement shall be construed to prevent either Party from taking any action which it considers necessary for the protection of its critical public infrastructure (this relates to communications, power, transportation or water infrastructure providing essential goods or services to the general public) from deliberate attempts to disable or disrupt it.

2. A Party shall not apply paragraph 1 of this Article as a deliberate and disguised restriction on trade between the Parties.

1. Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

2. Unless otherwise provided in this Agreement, where a Party provides information to the other Party (or to the Joint Committee or sub-committees) in accordance with this Agreement and designates the information as confidential, the Party (or the Joint Committee or sub-committees) receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and shall not disclose it without specific written permission of the Party providing the information.

1. For the purposes of this Article:

"tax convention" means a convention for the avoidance of double taxation or other international agreement or arrangement relating to taxation to which Indonesia or the Eurasian Economic Union or its Member States is party; and

"taxes and taxation measures" do not include customs duties.

2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

3. This Agreement shall only grant rights or impose obligations with respect to taxation measures where corresponding rights and obligations are also granted or imposed under the GATT 1994.

4. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining any taxation measure aimed at preventing the avoidance or evasion of taxes pursuant to its tax laws and regulations or any tax convention to which both Parties are party.

5. Nothing in this Agreement shall affect the rights and obligations of either Indonesia, or the Eurasian Economic Union or any of its Member States, under any tax convention between Indonesia and the Eurasian Economic Union or any of its Member States. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency.

1. The Parties may agree, in writing, to amend this Agreement.

2. Any amendment to this Agreement shall enter into force in accordance with Article 15.3 (Entry into Force), unless otherwise agreed by the Parties.

3. The amendments shall form an integral part of this Agreement.

The Parties may jointly adopt in writing interpretations of the provisions of this Agreement, which shall be binding on the Parties and all bodies and arbitration panels established under this Agreement.

1. This Agreement shall be ratified by the EAEU Member States and Indonesia and the EAEU shall express its consent to be bound by this Agreement.

2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective internal legal procedures necessary for the entry into force of this Agreement. Such notifications shall be made between the Eurasian Economic Commission and Indonesia.

1. The Parties undertake to review this Agreement and to examine in this context and in the light of any relevant factor, the possibility of further developing and deepening their cooperation under this Agreement and to extend it to areas not covered therein.

2. The Joint Committee may, where appropriate, make recommendations to the Parties, particularly with a view to opening up negotiations as a result of review of the general functioning of this Agreement as provided for in Article 14.2 (Functions of the Joint Committee). A general review of this Agreement shall be conducted 5 (five) years after the date of entry into force of this Agreement, and then every 5 (five) years after that.

1. The EAEU and the EAEU Member States may terminate this Agreement by means of a written notification to Indonesia, or Indonesia may terminate this Agreement by means of a written notification to the EAEU. The termination shall take effect 6 (six) months after the date of the notification.

2. The Agreement shall terminate for any EAEU Member State, which withdraws from the Treaty on the EAEU, on the same date the withdrawal from the Treaty on the EAEU takes place. The Eurasian Economic Commission shall notify Indonesia of such withdrawal 9 (nine) months in advance. The Parties shall consult between themselves to consider the effects of such withdrawal on this Agreement.

3. If an EAEU Member State withdraws pursuant to paragraph 2 of this Article, this Agreement shall remain in force for the EAEU and the remaining EAEU Member States and Indonesia.

The Annexes and Appendices to this Agreement shall constitute an integral part of this Agreement.

1. The accession of a new EAEU Member State to this Agreement shall be negotiated between the EAEU and its Member States, including that new EAEU Member State, and Indonesia. Such accession shall be done through an additional protocol to this Agreement.

2. The Eurasian Economic Commission shall promptly notify Indonesia of any third state to have received candidate status for accession to the EAEU, the outcome of negotiations with a candidate state on accession to the EAEU, and of the entry into force of any accession to the EAEU.

3. During the negotiations between the EAEU and the candidate state seeking accession to the EAEU, the Eurasian Economic Commission shall endeavour to:

(a) provide, upon request of Indonesia, any information regarding any matter covered by this Agreement; and

(b) take into account any concerns expressed.

In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.

Done at Saint-Petersburg, this 21st day of December 2025, in duplicate in the English language.

1. For the purposes of this Annex:

"HS Code" and "Description" refer to the relevant tariff line of a Party and its corresponding description respectively as they existed in that Party's custom tariff schedule as of 1 January 2022;

"Base Rate" refers to the applied Most-Favoured-Nation (MFN) rate of customs duty in effect on 1 January 2022 in the respective custom tariff schedule; and

"Entry into force (EIF)" refers to the date of entry into force of this Agreement pursuant to Article 15.3 (Entry into Force).

2. For the purposes of implementing equal annual stages, the following shall apply:

(a) the first stage of tariff reduction shall take place on the date of EIF of this Agreement; and

(b) the subsequent annual reductions shall take place on 1 January of each following year.

3. Except as otherwise provided in a Party's Schedule, the following staging categories apply to the reduction or elimination of custom duties by each Party pursuant to Article 2.5 (Reduction and Elimination of Customs Duties):

(a) Customs duties on originating goods classified under the tariff lines indicated with "A" shall be eliminated entirely and such goods shall be duty-free immediately on the date this Agreement enters into force;

(b) Customs duties on originating goods classified under the tariff lines indicated with "A3" shall be eliminated in three equal annual stages, and such goods shall be free of customs duty, effective 1 January of year three;

(c) Customs duties on originating goods classified under the tariff lines indicated with "A5" shall be eliminated in five equal annual stages, and such goods shall be free of customs duty, effective 1 January of year five;

(d) Customs duties on originating goods classified under the tariff lines indicated with "A7" shall be eliminated in seven equal annual stages, and such goods shall be free of customs duty, effective 1 January of year seven;

(e) Customs duties on originating goods classified under the tariff lines indicated with "A10" shall be eliminated in ten equal annual stages, and such goods shall be free of customs duty, effective 1 January of year ten;

(f) Customs duties on originating goods classified under the tariff lines indicated with "A15" shall be eliminated in 15 equal annual stages, and such goods shall be free of customs duty, effective 1 January of year fifteen;

(g) Customs duties on originating goods classified under the tariff lines indicated with "R1" shall be reduced by 50% from the Base Rate as from the date of entry into force of this Agreement;

(h) Customs duties on originating goods classified under the tariff lines indicated with "R2" shall be reduced by 25% from the Base Rate as from the date of entry into force of this Agreement; and

(i) Originating goods classified under the tariff lines indicated with "EX" shall be excluded from tariff commitments. Customs duties on such originating goods shall be applied in accordance with the most-favoured-nation treatment pursuant to Article 2.2 (Most-Favoured-Nation Treatment).

4. Rates of customs duties in the interim stages shall be rounded down to the first decimal place for ad valorem customs duty and according to the following formula:

(a) in cases where the second decimal place is less than 5, the first decimal place remains unchanged (e.g. 0.04% will be rounded to 0%);

(b) in cases where the second decimal place is equal to or more than 5, the first decimal place will be increased by one (e.g. 0.05% will be rounded to 0.1%); and

(c) non-ad valorem customs duty or non-ad valorem part of customs duty shall be rounded to the third decimal place using the same formula.

In addition to the staging categories as provided in Section A General Notes of Annex 1 Schedules of Tariff Commitments, the EAEU shall eliminate customs duties on the originating goods of another Party in accordance with the following modalities:

(a) For originating goods classified under the tariff lines indicated with "TRQ" tariff quota shall apply in accordance with Section D of this Annex; and

(b) Customs duties on originating goods classified under the tariff lines indicated with "HSL3" shall remain as the Base Rate from the date of entry into force of this Agreement, and such goods shall be free of customs duties, effective 1 January of year 10.

In addition to the staging categories as provided in Section A General Notes of Annex 1 Schedules of Tariff Commitments, Indonesia shall reduce customs duties on the originating goods of another Party in accordance with the following modalities:

(a) Customs duties on originating goods classified under the tariff lines indicated with "R3" shall be reduced by 50% in ten equal annual stages from the Base Rate, as from the date of entry into force of this Agreement;

(b) Customs duties on originating goods classified under the tariff lines indicated with "HSL1" shall remain as the Base Rate from the date of entry into force of this Agreement for the first three years. Thereafter, customs duties of such goods shall be reduced to 12.5% effective 1 January of year four; and

(c) Customs duties on originating goods classified under the tariff lines indicated with "HSL2" shall remain as the Base Rate from the date of entry into force of this Agreement, and the customs duties of such goods shall be reduced by 50% from MFN Rate of customs duty applied on 1 January of year 15.

1. For the TRQs in this Section, Eurasian Economic Union shall grant duty free quota of the specified amount of goods originating in the Republic of Indonesia as listed in this section on an annual basis.

2. The out-of-quota tariff rate shall be applied in accordance with Article 2.2 (Most-Favoured-Nation Treatment).

General Notes

For the purposes of this Annex:

1. The first column of the list contains chapters, headings or subheadings and the second column sets out descriptions of the goods. Goods in this list are determined solely by the HS codes of the goods. The names of the goods are used only for convenience.

Where, in some cases, the entry in the first column is preceded by an "ex", this signifies that the origin criterion in the third column applies only to the part of that subheading, heading or chapter as described in the second column. In these cases, the goods are determined both by the HS codes and by description.

2. "Chapter" means a chapter of the HS (2 digits);

"Heading" means a heading of the HS (4 digits);

"Subheading" means a subheading of the HS (6 digits);

"CTC" means change in tariff classification at the HS 2, 4 or 6-digit level (CC, CTH, CTSH);

"CC" means that all non-originating materials used in the production of the final goods have undergone a change in tariff classification at the HS 2-digit level (change in chapter);

"CTH" means that all non-originating materials used in the production of the final goods have undergone a change in tariff classification at the HS 4-digit level (change in heading);

"CTSH" means that all non-originating materials used in the production of the final goods have undergone a change in tariff classification at the HS 6-digit level (change in subheading);

"QVC [...] %" means that percentage of the qualifying value content which is calculated using the formula set out in Article 3.5 (Calculation of Qualifying Value Content) is not less than [...] per cent;

"CTC or QVC [...] %" means either the requirement to undergo a change in tariff classification at the HS 2, 4 or 6-digit level or to reach the qualifying value content which is calculated using the formula set out in Article 3.5 (Calculation of Qualifying Value Content) of not less than [...] per cent;

"CTC, except from [...]" means the requirement to undergo a change in tariff classification at the respective HS 2, 4 or 6-digit level, provided that the non-originating materials from the specified chapter, heading or subheading are not used in production of the final goods.

3. The requirement of change in tariff classification shall apply only to non-originating materials.

4. The origin criteria specified in the third column of the list define the minimum requirements for production operations. A greater number of production operations made beyond the minimum requirement shall also confer the origin of goods.

The Certificate of Origin shall contain the minimum data required in boxes 1, 2, 4, 7, 8, 9, 10, 11, 12, 13. Unused spaces in boxes 6-11 shall be crossed out to prevent any subsequent addition, unless the Certificate of Origin is issued in electronic format without being made on paper.

The Certificate of Origin may also contain additional data, including information to enable interested person to verify it through the web-database referred to in Article 3.31 (Use of Web-Databases) (such as URL link, QR code, etc.).

If all goods covered by the Certificate of Origin cannot be listed on one page, additional sheets set out in this Annex shall be used.

Box 1: Enter details of the exporter (obligatory) and consignor (if known): business name, address and country.

Box 2: Enter details of the importer (obligatory) and consignee (if known): business name, address and country.

Box 3: Enter details of transportation, as far as known, such as departure (shipment) date; means of transport (vessel, aircraft, etc.); place (port, airport) of discharge.

Box 4: Enter details of unique reference number, issuing country and country to be submitted to.

Box 5: Enter the words:

"DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER___DATE___" in case of theft, loss or destruction of the original Certificate of Origin.

"ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER___DATE___" in case of substitution of Certificate of Origin due to accidental errors or omissions made.

"ISSUED ON THE BASIS OF THE CERTIFICATE(S) OF ORIGIN NUMBER(S)___DATE(S)___" in case of transportation of originating goods between the Parties which have not undergone any working or processing.

"ISSUED RETROACTIVELY" or "ISSUED RETROSPECTIVELY" in case of issuance of Certificate of Origin after the time of exportation.

Box 6: Enter the item number.

Box 7: Enter the number and kind of packages.

Box 8: Enter the detailed description of goods and, if applicable, model and brand name in such a way as to enable them to be identified.

If the goods covered by the Certificate of Origin originating in different Parties, the origin of each item shall be indicated (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the Republic of Indonesia).

Box 9: Enter the origin criteria for all goods in the manner shown in the following table:

Box 10: Enter the quantity of goods: gross weight (kg) or other measurement (pcs, liters etc.).

Box 11: Enter the invoice number(s) and date(s) of invoice(s) submitted to an authorised body for the issuing of the Certificate of Origin.

In cases where invoices are issued by a person registered in a non-Party to this Agreement, the words "TCI" (Third Country Invoicing) together with the following information shall be indicated:

(a) invoice number(s) and date(s) (if such information is available at the time of issuance of the Certificate of Origin); or

(b) name of the non-Party to this Agreement and person that will issue the invoice.

Nevertheless, where the origin of the goods is not in doubt, the absence of the "TCI" related information provided for in this Box shall not in itself constitute a reason for denial of preferential tariff treatment.

Box 12: Enter the place and date of issuance of the Certificate of Origin signature of an authorised signatory and seal of the authorised body. However, signature of the authorised signatory and seal of the authorised body may not be indicated in this box, if the Certificate of Origin is issued in electronic format without being made on paper.

Box 13: Enter the origin of goods (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the Republic of Indonesia), place and date of declaration, signature and seal of the applicant. However, signature and seal of the applicant may not be indicated in this box, if the Certificate of Origin is issued in electronic format without being made on paper.

If the goods covered by the Certificate of Origin originating in different Parties, the words "See box 8" shall be indicated.

For the purposes of the Certificate of Origin (Form EAI), "the EAEU-Indonesia FTA" means the Free Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and the Republic of Indonesia, of the other part.

"The exporter of the goods covered by this document _________ <1> declares that, except where otherwise clearly indicated, these goods are of ____________ <2> preferential origin in accordance with the Rules of Origin under the EAEU- Indonesia Free Trade Agreement.

Notes:

1. The information about the exporter must be entered in this space. If the Declaration of Origin is completed by an approved exporter pursuant to Article 3.22 (Approved Exporter), the authorisation number of the approved exporter must be entered. If the Declaration of Origin is not completed by an approved exporter, the business name of the exporter of goods in accordance with accompanying documents must be entered.

2. The origin of goods must be indicated in this space (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the Republic of Indonesia). The use of ISO-3166 codes is permitted (AM, BY, KZ, KG, RU or ID). Reference may be made to a specific column of the invoice in which the origin of each item is referred to.

3. The full name of the signatory, signature and date the Declaration of Origin was made to be indicated. When the Declaration of Origin is made out by an approved exporter pursuant to Article 3.22 (Approved Exporter) the indication of signature may be omitted.

For the Eurasian Economic Union: https://eec.eaeunion.org/en/comission/direction/caa/

For the Republic of Armenia: https://competition.am/en/

For the Republic of Belarus: https://www.mart.gov.by/#

For the Republic of Kazakhstan: https://www.gov.kz/memleket/entities/zk?lang=en

For the Kyrgyz Republic: https://antimonopolia.gov.kg/

For the Russian Federation: https://en.fas.gov.ru/

For the Republic of Indonesia: https://www.kppu.go.id

General provisions

1. The definitions in Chapter 12 (Dispute Settlement) shall apply to this Annex. In addition, for the purposes of this Annex and Annex 7 (Code of Conduct for Arbitrators):

"adviser" means a person retained by a disputing Party to advise or assist that Party in connection with the arbitration panel proceeding;

"assistant" means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator;

"candidate" means an individual who is under consideration for selection as an arbitrator under Article 12.8 (Composition and Establishment of the Arbitration Panel);

"representative" means an employee or any person appointed by a government department, an agency or any other public entity of a disputing Party who represents that Party for the purposes of a dispute under this Agreement; and

"staff", in respect of an arbitrator, means any person under the direction and control of the arbitrator, other than an assistant.

2. This Annex shall apply to dispute settlement proceedings under Chapter 12 (Dispute Settlement), unless the Parties agree otherwise.

3. The complaining Party shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed.

Notifications

4. The disputing Parties and the arbitration panel shall transmit simultaneously to the relevant parties any request, notice, written submission or other document by e-mail, with a paper copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, an e-mail message shall be deemed to be received on the same date of its sending.

5. All notifications shall be addressed to the relevant contact points of the disputing Parties, as designated under Article 14.5 (Contact Points).

6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may, unless the other disputing Party objects, be corrected by delivery, in accordance with Rules 4 and 5 of this Annex, of a new document clearly indicating the changes.

7. If the last day for delivery of a document falls on an official public holiday of either disputing Party, the document shall be delivered on the next business day.

Commencing the arbitration

8. Unless the disputing Parties agree otherwise, they shall meet the arbitration panel within 7 (seven) days of its establishment in order to determine such matters that the disputing Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators.

Initial written submissions

9. The complaining Party shall deliver its written submission no later than 21 (twenty-one) days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written submission no later than 21 (twenty-one) days after the date of delivery of the complaining Party's written submission.

Working of arbitration panels

10. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions.

11. Unless otherwise provided in Chapter 12 (Dispute Settlement), the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.

12. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations.

13. It shall be the exclusive responsibility of the arbitration panel to consider all the issues raised during the proceedings and draft any decision, and this responsibility shall not be delegated.

14. Where a procedural question arises that is not covered by Chapter 12 (Dispute Settlement) or Annexes 6 (Rules of Procedure for Arbitration) and 7 (Code of Conduct for Arbitrators), including in case of urgency, the arbitration panel, after consulting the disputing Parties, may adopt an appropriate procedure that is compatible with those provisions.

15. When the arbitration panel considers that there is a need to modify any time limit or procedure covered by Chapter 12 (Dispute Settlement) or Annexes 6 (Rules of Procedure for Arbitration) and 7 (Code of Conduct for Arbitrators), it shall inform the disputing Parties in writing of the reasons for the modification recommended. The disputing Parties may mutually agree to modify any time limit or procedure.

Replacement of Arbitrators

16. If an arbitrator is unable to participate in the proceeding, withdraws or must be replaced, a replacement shall be selected in accordance with Article 12.8 (Composition and Establishment of the Arbitration Panel).

17. Where a disputing Party considers that an arbitrator does not comply with the requirements of paragraph 6 of Article 12.8 (Composition and Establishment of the Arbitration Panel) or Annex 7 (Code of Conduct for Arbitrators), and for this reason should be replaced, this Party should notify the other disputing Party within 15 (fifteen) days from the time at which it came to know of the circumstances underlying the arbitrator's non-compliance.

18. Where a disputing Party considers that an arbitrator other than the chairperson does not comply with the requirements of paragraph 6 of Article 12.8 (Composition and Establishment of the Arbitration Panel) or Annex 7 (Code of Conduct for Arbitrators), the disputing Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 12.8 (Composition and Establishment of the Arbitration Panel).

19. If the disputing Parties fail to agree on the need to replace an arbitrator, any disputing Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.

20. Where a disputing Party considers that the chairperson of the arbitration panel does not comply with the requirements of paragraph 3 and 6 of Article 12.8 (Composition and Establishment of the Arbitration Panel) or Annex 7 (Code of Conduct for Arbitrators), the disputing Parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 12.8 (Composition and Establishment of the Arbitration Panel).

21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided in Rules 16 through 20 of this Annex.

Hearings

22. The chairperson shall fix the date and time of the hearing in consultation with the disputing Parties and the other arbitrators, and confirm this in writing to the disputing Parties. Unless a disputing Party disagrees, the arbitration panel may decide not to convene a hearing.

23. The venue for the arbitration proceedings including hearings shall be decided by mutual agreement of the disputing Parties. If there is no agreement, the venues shall alternate between the capitals of the disputing Parties with the first hearing to be held in the capital of the responding Party. If the Eurasian Economic Union acts as a disputing Party in accordance with the provisions of the Chapter 12 (Dispute Settlement), the respective alternate hearings shall be held in Moscow, Russian Federation.

24. The arbitration panel may convene additional hearings if the disputing Parties so agree.

25. All arbitrators shall be present during the entirety of any hearings.

26. The following persons may attend the hearing:

(a) representatives of the disputing Parties;

(b) advisers to the disputing Parties;

(c) administrative staff, interpreters, translators and court reporters;

(d) experts and

(e) arbitrators' assistants.

Only the representatives of and advisers to the disputing Parties may address the arbitration panel.

27. No later than 3 (three) days before the date of a hearing, each disputing Party shall deliver to the arbitration panel, and simultaneously to the other disputing Party, a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.

28. The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:

Submissions

(a) submission of the complaining Party;

(b) submission of the Party complained against;

Rebuttals

(a) rebuttal of the complaining Party;

(b) counter-rebuttal of the Party complained against.

29. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the disputing Parties.

30. With the agreement of the arbitration panel, a disputing Party may submit a supplementary written submission responding to any matter that arose during the hearing. The other disputing Party shall also be given the opportunity to provide written comments on any such supplementary written submission.

31. The arbitration panel may at any time during the proceedings address questions to one or both disputing Parties.

Questions in writing

32. The arbitration panel may at any time during the proceedings address questions in writing to one or both disputing Parties. Each of the disputing Parties shall receive a copy of any questions put by the arbitration panel.

33. Each disputing Party shall also provide a copy of its written response to the arbitration panel's questions to the arbitration panel and simultaneously to the other disputing Party. Each disputing Party shall be given the opportunity to provide written comments on the other disputing Party's reply within 7 (seven) days of the date of receipt.

Confidentiality

34. The disputing Parties and their advisers and representatives, all arbitrators, former arbitrators and their assistants and staff, and all attendees and experts at the arbitration panel hearings shall maintain the confidentiality of the hearings, the deliberations and interim panel report, and all written submissions to, and communications with, the arbitration panel. This includes any information submitted by a disputing Party to the arbitration panel which that Party has designated as confidential. Nothing in this Annex shall preclude a disputing Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other disputing Party, it does not disclose any information designated by the other disputing Party as confidential.

Ex parte contacts

35. The arbitration panel shall not meet, hear or otherwise contact a disputing Party in the absence of the other disputing Party.

36. No arbitrators may discuss any aspect of the subject matter of the proceedings with a disputing Party or the disputing Parties in the absence of the other arbitrators.

Language and translation

37. All proceedings pursuant to Chapter 12 (Dispute Settlement) and all communications with, documents submitted to and reports issued by the arbitration panel shall be in the English language.

38. Each Party shall bear the responsibility of preparing English-language translations of any documents that it submits during the proceedings.

Calculation of time limits

39. Where, by reason of the application of Rule 7 of this Annex, a disputing Party receives a document on a date other than the date on which this document is received by the other disputing Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.

Other procedures

40. This Annex is also applicable to procedures set out in paragraphs 3 and 6 of Article 12.12 (Implementation of the Arbitration Panel Report), paragraph 4 of Article 12.13 (Compensation and Suspension of Concessions or Other Obligations) and paragraph 1 of Article 12.14 (Compliance Review). The time limits laid down in this Annex shall be adjusted in line with the special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.

Definitions

1. Unless otherwise specified, the definitions in Chapter 12 (Dispute Settlement) and Annex 6 (Rules of Procedure for Arbitration) shall apply to this Annex.

Responsibilities to the process

2. Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe high standards of conduct, so that the integrity and impartiality of the dispute settlement mechanism is preserved. Arbitrators shall not take instructions from any organisation, individual or government with regard to matters before the arbitration panel.

Disclosure obligations

3. Prior to confirmation of his or her selection as an arbitrator under Chapter 12 (Dispute Settlement), a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.

4. Once selected, an arbitrator shall continue to make all reasonable efforts

to become aware of any interests, relationships or matters referred to in paragraph 3 of this Annex and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceeding at the earliest time that the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships or matters by informing the disputing Parties, in writing, for their consideration.

5. Disclosure of an interest, relationship or matter is without prejudice as to whether that interest, relationship or matter is indeed covered by paragraphs 3 or 4 of this Annex, or whether it warrants recusal or disqualification. In the event of uncertainty regarding whether an interest, relationship or matter must be disclosed, a candidate or arbitrator should err in favour of disclosure.

6. A candidate or arbitrator shall only communicate matters concerning actual or potential violations of this Annex to the disputing Parties for their consideration.

Duties of arbitrators

7. An arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.

8. An arbitrator shall comply with the provisions of Chapter 12 (Dispute Settlement), Annex 6 (Rules of Procedure for Arbitration) and this Annex.

9. An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person. An arbitrator shall not deny other arbitrators the opportunity to participate in all aspects of the proceeding.

10. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with, paragraphs 2 through 6, 8, 11 and 17 through 20 and 22 of this Annex.

11. An arbitrator shall not engage in any ex parte contact concerning the proceeding.

Independence and impartiality of arbitrators

12. An arbitrator shall 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.

13. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties.

14. An arbitrator shall not use his or her position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence him or her.

15. An arbitrator shall not allow past or ongoing financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgement.

16. An arbitrator shall avoid entering into any relationship or acquiring any financial interest that is likely to affect his or her impartiality or that might reasonably create an appearance of impropriety or bias.

Confidentiality

17. An arbitrator or former arbitrator shall not at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in particular, disclose or use any such information to gain a personal advantage or obtain an advantage for others or to affect the interest of others.

18. An arbitrator shall not make any public statement regarding the merits of a pending panel proceeding.

19. An arbitrator shall not disclose an arbitration panel report or parts thereof prior to its issuance in accordance with Chapter 12 (Dispute Settlement).

20. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any arbitrator's view regarding the deliberations, or which arbitrators are associated with majority or minority opinions in a proceeding.

Expenses

21. Each arbitrator shall keep a record and render a final account of the time devoted to the procedure and of his or her expenses, as well as the time and expenses of his or her assistants.

Obligations of former arbitrators

22. A former arbitrator shall avoid actions that may create the appearance that he or she was biased in carrying out his or her duties, or derived any advantage from the decision of the arbitration panel.

Responsibilities of experts, assistants and staff

23. Paragraphs 2 through 6, 8, 11, 17 through 20 and 22 of this Annex shall also apply to experts, assistants and staff.