- Jul 2, 2018
- 3,672
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| Date: | 15 February 2009 - 18 February 2009 |
| Location: | Perth, Western Australia |
| Attendees: |
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| Security: |
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Agenda (secret) |
| Day 0 |
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| Day 1 |
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| Day 2 |
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| Day 3 |
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Free Trade Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland |
Preamble |
| The Government of Australia (hereinafter referred to as "Australia") and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as “the United Kingdom”), hereinafter each individually referred to as a “Party” or collectively as the “Parties”, REINFORCING the longstanding bonds of friendship, cooperation, and people to people linkages between them; RESOLVING to strengthen their economic relations, and further liberalise and expand bilateral trade and investment; DETERMINED to build on their rights and obligations under international agreements to which they are both parties; SEEKING to establish clear and mutually advantageous rules governing their trade and investment, to promote a predictable business environment, and eliminate barriers between them; RECOGNISING the importance of ensuring certainty for service suppliers, including by agreeing to commitments enabling the temporary entry of business persons to supply services in each of the Parties' territories; RECOGNISING the Parties' respective autonomy and rights to regulate within their territories in order to achieve legitimate public policy objectives such as the protection and promotion of public health, education, labour standards, social services, safety, the environment including climate change, and animal welfare; RECOGNISING the strong and mutually supportive relationship between trade and innovation, and the contribution of both to economic growth and addressing shared challenges, and affirming the Parties' commitment to expanding their cooperation in this area; SEEKING to encourage women's full access to and ability to benefit from this Agreement and support equitable participation in international trade and investment; SUPPORTING the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this Agreement; NOTING the importance of facilitating new opportunities for businesses and consumers through digital trade, and addressing unjustified barriers to data flows and trade enabled by electronic means; and RESOLVING to promote transparency, good governance, the rule of law, and prevent and combat bribery and corruption in international trade and investment, HAVE AGREED as follows: |
Article 1.1: Establishment of a Free Trade Area |
| The Parties hereby establish a free trade area in accordance with the provisions of this Agreement. |
Article 1.2: Relation to Other Agreements |
| 1. The Parties affirm their existing rights and obligations with respect to each other under existing international agreements to which both Parties are party. 2. If a Party considers that a provision of this Agreement is inconsistent with a provision of another agreement to which it and the other Party are party, the Parties shall, on request, consult with a view to reaching a mutually satisfactory solution. This paragraph is without prejudice to a Party's rights and obligations under Chapter 30 (Dispute Settlement).[1] 3. Nothing in this Agreement shall preclude the United Kingdom from adopting or maintaining measures in relation to cross-border trade between Ireland and Northern Ireland, or refraining from doing so, provided that such measures, or the absence of such measures, are not used as a means of arbitrary or unjustified discrimination against the other Party or as a disguised restriction on trade. 4.On request of either Party, the Parties shall hold consultations, in relation to the effects of a measure described in paragraph 3 the United Kingdom has adopted, or absence thereof,[2] on this Agreement and seek a mutually acceptable solution.[3] |
Article 1.3: Laws and regulations and their amendments |
| Where reference is made in this Agreement to laws or regulations of a Party, those laws or regulations shall be understood to include amendments thereto and successor laws or regulations, unless otherwise specified. |
Article 1.4: General Definitions |
| For the purposes of this Agreement, unless otherwise provided in this Agreement: “Agreement” means the Free Trade Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland; “central level of government” means: (a) for Australia, the Commonwealth Government; and (b) for the United Kingdom, Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland; “Joint Committee” means the Australia-United Kingdom Joint Committee established under Article 29.1 (Establishment of the Joint Committee – Administrative and Institutional Provisions); “covered investment” means, with respect to a Party, an investment in its territory of an investor of the other Party in existence as of the date of entry into force of this Agreement, or established, acquired, or expanded thereafter; “customs authority” means: (a) for Australia, the Department of Home Affairs, or its successor; and (b) for the United Kingdom, Her Majesty’s Revenue and Customs or its successor or where relevant, any other authority responsible for customs matters within its territory. For greater certainty, with respect to the provisions of this Agreement which apply to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, ‘customs authority’ shall also mean: (i) with respect to the Bailiwick of Jersey, the Jersey Customs & Immigration Service or its successor; (ii) with respect to the Bailiwick of Guernsey, Guernsey Customs & Excise or its successor; and (iii) with respect to the Isle of Man, the Customs and Excise Division, Isle of Man Treasury or its successor; “customs duty” includes any duty or charge of any kind imposed on or in connection with the importation of a good, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any: (a) charge equivalent to an internal tax imposed; (b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or (c) antidumping or countervailing duty applied; “days” means calendar days; “enterprise” means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation; “existing” means in effect on the date of entry into force of this Agreement; “good” means any merchandise, product, article, or material; “goods of a Party” means domestic products or such goods as the Parties may agree, and includes originating goods of a Party; “government procurement” means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale; “Harmonized System (HS)” means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and Subheading Notes as adopted and implemented by the Parties in their respective laws; “heading” means the first four digits in the tariff classification number under the Harmonized System; “measure” includes any law, regulation, procedure, requirement or practice; “national” means: (a) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act or a permanent resident; and (b) for the United Kingdom, a British citizen in accordance with its applicable laws and regulations, or a permanent resident; “originating” means qualifying as originating under the rules of origin in Chapter 4 (Rules of Origin and Origin Procedures); “person” means a natural person or an enterprise; “person of a Party” means a national or an enterprise of a Party; “regional level of government” means: (a) for Australia, a state of Australia, the Australian Capital Territory or the Northern Territory; (b) for the United Kingdom: (i) England, Northern Ireland, Scotland or Wales; or (ii) Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland in respect of England, Northern Ireland, Scotland or Wales but not the United Kingdom as a whole; “recovered material” means a material comprising one or more individual parts that results from: (a) the disassembly of a used good into individual parts; and (b) the cleaning, testing or other processing of those individual parts as necessary for improvement to sound working condition; “remanufactured good” means a good classified in HS Chapters 84 through 90, or under heading 94.02, except a good classified under HS headings 87.02, 87.03, 87.04, 87.05, 87.11 and 87.16, or subheading 8701.20[4] that: (a) is entirely or partially comprised of parts that are recovered materials; (b) has similar life expectancy, working conditions and performance to the equivalent good in new condition; and (c) is given a warranty in substance the same as the equivalent good in new condition; “sanitary or phytosanitary measure” means any measure designed to protect human, animal, and plant life from diseases, pests, and toxic contaminants; “SME” means a small and medium-sized enterprise, including a micro-sized enterprise; “state enterprise” means an enterprise that is owned, or controlled through ownership interests, by a Party; “subheading” means the first six digits in the tariff classification number under the Harmonized System; and “territory” means: (a) for Australia, the territory of Australia: (i) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, and the Coral Sea Islands Territory; and (ii) including Australia’s territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law; (b) for the United Kingdom: (i) the territory of the United Kingdom of Great Britain and Northern Ireland including its territorial sea and airspace; (ii) all the areas beyond the territorial sea of the United Kingdom, including the sea-bed and subsoil of those areas, over which the United Kingdom may exercise sovereign rights or jurisdiction in accordance with international law; (iii) the Bailiwicks of Guernsey and Jersey and the Isle of Man (including their airspace and the territorial sea adjacent to them), territories for whose international relations the United Kingdom is responsible, as regards: (A) Chapter 2 (Trade in Goods); (B) Chapter 4 (Rules of Origin and Origin Procedures); (C) Chapter 5 (Customs Procedures and Trade Facilitation); (D) Chapter 6 (Sanitary and Phytosanitary Measures); and (E) Chapter 25 (Animal Welfare and Antimicrobial Resistance); (iv) any territory for whose international relations the United Kingdom is responsible and to which this Agreement is extended in accordance with Article 32.4 (Territorial Extension – Final Provisions). |
Footnotes |
| [1] For the purposes of application of this Agreement, the Parties agree that the fact that an agreement provides more favourable treatment of goods, services, investments or persons than that provided for under this Agreement does not mean that there is an inconsistency within the meaning of paragraph 2. [2] For greater certainty, this refers to a measure described in paragraph 3 which is adopted after entry into force of this Agreement or the absence of such measure. [3] This paragraph is without prejudice to Article 28.5 (Provision of Information - Transparency and Anti-Corruption). [4] For greater certainty, the references to the tariff classification number of the Harmonized System in this definition are based on the Harmonized System. |
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ANNEX 1 STATUS OF FORCES |
Article 1 Respect for Local Law |
| Subject to Articles 2 and 3 below, members of a Visiting Force and its Civilian Component and Dependants shall respect the laws and regulations of the Receiving State. |
Article 2 Disciplinary Matters |
| (1) The Sending State shall have the right to exercise administrative and disciplinary authority over members of a Visiting Force and its Civilian Component in accordance with its laws and regulations. Each Party shall, upon request from the other Party, convey to the requesting Party their respective defence force disciplinary laws and regulations. (2) In the case of behaviour that is liable to disciplinary action in the territory of the Receiving State (where practicable), the Sending State shall inform the Receiving State of the nature of the possible disciplinary punishment before carrying it out. (3) The Receiving State may request that any member of the Visiting Force or its Civilian Component be repatriated to the Sending State for the carrying out of the given disciplinary punishment. |
Article 3 Criminal Jurisdiction |
| (1) Subject to the provisions of this Article: (a) the Receiving State shall have criminal jurisdiction over the members of a Visiting Force and its Civilian Component and Dependants with respect to offences committed within the territory of the Receiving State and punishable by the laws of the Receiving State; and (b) the Sending State shall have the right to exercise within the Receiving State all criminal jurisdiction conferred on it by its laws over members of a Visiting Force and its Civilian Component and Dependants. (2) Subject to the provisions of this Article: (a) the Receiving State shall have the right to exercise exclusive jurisdiction over members of a Visiting Force and its Civilian Component and Dependants with respect to offences punishable by the laws of the Receiving State but not by the laws of the Sending State; and (b) the Sending State shall have the right to exercise exclusive jurisdiction over members of a Visiting Force and its Civilian Component and Dependants with respect to offences punishable by the laws of the Sending State but not by the laws of the Receiving State. (3) In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply: (a) the Sending State shall have the primary right to exercise jurisdiction over members of a Visiting Force and its Civilian Component who are subject to the laws of the Sending State in relation to: (i) offences solely against the property or security of the Sending State, or offences solely against the person or property of another member of a Visiting Force or its Civilian Component or Dependants; and (ii) offences arising out of an act or omission done in the performance of official duty. (b) in the case of any other offence, the Receiving State shall have the primary right to exercise jurisdiction. (c) if a Party with the primary right to exercise jurisdiction elects not to do so, the Party shall notify the other Party as soon as it is practicable. (d) a Party may request the other Party to waive its primary right to exercise jurisdiction. (e) either Party with the primary right to exercise jurisdiction shall give sympathetic consideration to a request for waiver from the other Party. Such a decision may be given on conditions, which may include that proceedings be commenced by the requesting Party. (f) the Parties shall notify each other as soon as practicable of the disposition of all cases where the right to exercise jurisdiction is concurrent. (4) Within the scope of their legal competence, the Parties shall cooperate in the arrest of members of a Visiting Force or its Civilian Component or a Dependant in the territory of the Receiving State accused of an offence and in handing them over to the authorities of the Party that is to exercise jurisdiction in accordance with this Article. (5) The Sending State shall give prompt notification to the Receiving State of the arrest or detention of any member of a Visiting Force or its Civilian Component or a Dependant where that person is subject to the primary jurisdiction of the Receiving State. (6) The Receiving State shall promptly notify the Sending State of the filing of any complaint against, or the arrest or detention of, any member of a Visiting Force or its Civilian Component or Dependants. (7) Within the scope of its legal competence, where the Receiving State is to exercise jurisdiction over a member of a Visiting Force or its Civilian Component or a Dependant, it shall give sympathetic consideration to a request from the Sending State that the Sending State be entrusted with that person’s custody pending conclusion of all judicial proceedings. Upon request, within the scope of its legal competence, the Sending State shall make available, for the purposes of investigation or trial, any such person who is in its custody over whom the Receiving State is to exercise jurisdiction. (8) Within the scope of their legal competence, the Parties shall cooperate in the investigation of offences, including the collection and production of evidence to the Party that is to exercise jurisdiction in accordance with the above provisions. The provision of evidence may be made subject to the condition of its return within any reasonable time specified by the Party delivering it. (9) Any person that has been convicted or acquitted for an offence by one Party in accordance with this Article may not be tried again by the other Party for an offence that is substantially the same. (10) Whenever a member of a Visiting Force or its Civilian Component or a Dependant is taken into custody, detained or prosecuted by the Receiving State, he or she shall be accorded all generally accepted procedural safeguards pursuant to the international law obligations of the Receiving State and no less than those provided to the nationals of the Receiving State. At a minimum, he or she shall be accorded the following procedural safeguards: (a) to a prompt and speedy trial; (b) to be informed in advance of the trial of the specific charge or charges made against him or her and to have reasonable time to prepare a defence; (c) to be confronted with the witnesses against him or her and to cross examine such witnesses; (d) to present evidence in his or her defence and to have compulsory process for the calling of witnesses if they are within the jurisdiction of the Receiving State; (e) to have legal representation of his or her own choice for his or her defence or to have free or assisted legal representation in accordance with conditions prevailing in the Receiving State; (f) to have the services of a competent interpreter; (g) to communicate with a representative of his or her Government and, when the rules of the court permit, to have a representative of that Government present at his or her trial; (h) to be present at his or her trial, which shall be public (unless otherwise specified under the law of the Receiving State); (i) to seek a writ of habeas corpus; (j) to have the right to bail, subject to the pertinent laws and regulations of the Receiving State; (k) to have the right not to be compelled to testify against himself or herself; and (l) not to be held guilty for a criminal offence on account of any act or omission which did not constitute a criminal offence under either the law of the Receiving State or international law at the time it was committed. (11) Where the Receiving State is to exercise jurisdiction over members of a Visiting Force or its Civilian Component or Dependants, proceedings shall only be commenced in the courts of ordinary jurisdiction of the Receiving State and members of a Visiting Force or its Civilian Component or Dependants shall not be subject to the jurisdiction of the military of the Receiving State. |
Article 4 Conditions of Entry and Departure |
| (1) The authorities of the Receiving State shall facilitate the entry of the Visiting Force, its Civilian Component and Dependants into and their departure from the Receiving State for the purposes of cooperative activities. Unless otherwise mutually determined by the Parties, the Sending State shall communicate as far as practicable in advance to the authorities of the Receiving State the estimated date of arrival and identity of such persons entering the Receiving State pursuant to this Agreement. (2) Subject to compliance with the requirement of the Receiving State relating to entry and departure, members of a Visiting Force shall be exempt from any requirement to apply for a visa on entering and departing the Receiving State. (3) The authorities of the Receiving State shall permit members of the Visiting Force to enter into or depart from the Receiving State with: (a) a valid passport or military identification card; (b) an individual or collective travel document issued by the authorities of the Sending State identifying the individual or group as a member or members of a Visiting Force, and authorising the travel; and (c) if applicable, such documents as may be issued by the authorities of the Sending State in satisfaction of the national health and quarantine requirements of the Receiving State. (4) The authorities of the Receiving State shall permit members of a Civilian Component or Dependants to enter into or depart from the Receiving State with: (a) a valid passport and any necessary visa; and (b) shall be so described in their passports, including any applicable certificate issued by the authorities of the Sending State certifying that the holder is a member of a Civilian Component or a Dependant. (5) The Receiving State may oblige members of the Visiting Force and its Civilian Component and Dependants to produce a document in satisfaction of its national health, biosecurity and quarantine laws and regulations. The Receiving State shall provide reasonable prior notice of any requirements in this regard. (6) Nothing in this Article shall confer upon a member of a Visiting Force or its Civilian Component or a Dependant any right to permanent residence or domicile in the Receiving State. (7) If any person, other than a national of, or a person otherwise entitled to remain in, the Receiving State ceases to be a member of a Visiting Force or its Civilian Component or a Dependant, the Sending State shall: (a) promptly inform the Receiving State, giving such reasonable particulars as they may require; and (b) promptly take appropriate steps to effect the departure of that person from the territory of the Receiving State, unless the Receiving State allows the person to remain in its territory. (8) If the removal from the Receiving State of a member of a Visiting Force or its Civilian Component or a Dependant is reasonably requested by the Receiving State or required by the law of the Receiving State, the Sending State shall: (a) promptly take reasonable steps to effect the departure of that person from the territory of the Receiving State; and (b) meet any reasonable costs incurred by the Receiving State in removing that person from the territory of the Receiving State. |
Article 5 Diplomatic Clearances, Movements, Harbour and Airport Charges and Fees |
| (1) The Receiving State shall provide the appropriate permanent or occasional flight or ship diplomatic clearances, for State and military aircraft and vessels, to the Sending State by diplomatic channels. (2) Aircraft and vessels operated by or for the Visiting Forces and its Civilian Component may enter the Receiving State upon approval by the authorities of the Receiving State in connection with activities mutually approved by the Parties. (3) Subject to rights of passage and general rights and duties of coastal states under international law, the authorities of the Receiving State retain the right to prescribe the routes to be used and may impose restrictions on movements within the Receiving State and prohibit access to and passage through specified areas, airspace or facilities. (4) Vessels belonging to the Visiting Force or its Civilian Component may, with the consent of the Authorities of the Receiving State, visit ports of the Receiving State for the purpose of training, exercises or other activities mutually approved by the Parties upon reasonable notification and in accordance with normal international practice. (5) The Authorities of the Receiving State shall, subject to Article 1 of this Annex, allow individual members of the Visiting Force and the Civilian Component freedom of movement in the territory of the Receiving State for the purpose of lawful activities. (6) The Visiting Force shall be subject to the same conditions in respect of harbour and airport charges and fees, as vessels and aircraft of the Receiving State’s Force. (7) Official vehicles of the Visiting Force shall be subject to the same conditions in respect of any tax or fee for the use of roads as the Receiving State’s Force. |
Article 6 Importation and Exportation |
| (1) In this Article, “duty” means any duty, tax, fee, charge or levy, including sales tax, customs duty, excise duty and goods and services tax, payable on importation or exportation except those that are no more than charges for services rendered. (2) Official documents under official seal of the Sending State shall not be subject to customs inspection. A certificate stating that the package contains solely official documents shall accompany the package. Samples of the official seals shall be lodged with the authorities of the Receiving State. (3) A Visiting Force may import free of duty its motor vehicles, equipment, supplies, including weapons, ammunition and other explosive devices, materials and other goods such as but not limited to medical instruments and machinery, and pharmaceutical products including drugs, blood and blood products, for the exclusive and official use of, but at the time of import not intended for sale by, the Visiting Force or a member of its Civilian Component. Where required by the Receiving State, the Sending State shall present to the relevant Receiving State customs documents relevant to such items which both Parties have mutually determined to provide, and a certificate, the form of which has been accepted by both Parties, signed by the person authorised by the Sending State. The Receiving State may request that the name of the person authorised to sign certificates including samples of his or her signature and seals used are communicated to them in advance. (4) A member of a Visiting Force or its Civilian Component or a Dependant may import free of duty reasonable quantities of personal effects, furniture and household goods, other than motor vehicles, cigarettes, cigars, tobacco and spirituous liquors, provided that: (a) they are imported at the time of first arrival of the member of a Visiting Force or its Civilian Component or Dependant in the Receiving State, or within six (6) months thereafter; and (b) they remain in the use, ownership and possession of, or are consumed by that person. (5) A member of a Visiting Force or its Civilian Component may import into the Receiving State for personal use one motor vehicle free of duty and taxes in accordance with the legislation of the Receiving State. (6) Items which have been imported free of duty under paragraphs 3, 4 or 5 of this Article: (a) may be exported free of duty or any restriction, provided that the appropriate Government authorities of the Receiving State may require verification that goods exported have been imported under the conditions of paragraphs 3, 4 or 5 of this Article as the case may be; and (b) may not be transferred to another person, operated, sold, traded, exchanged, hired out, donated or otherwise disposed of for financial gain in the Receiving State without the express approval of the Government of the Receiving State and in compliance with the laws of the Receiving State, especially if weaponry, arms and ammunition are concerned. (7) If the express approval of the appropriate Government authorities of the Receiving State is obtained, items which have been imported free of duty under paragraph 3 of this Article may, if they are owned by the Sending State and in the use of a Visiting Force or its Civilian Component, be disposed of in the Receiving State by public sale, auction, tender or private treaty, provided that: (a) before doing so the Sending State shall first offer them for sale to the Government of the Receiving State at a reasonable price having regard to their condition and other relevant circumstances, unless the latter shall have indicated that it is not interested in their acquisition; and (b) in so disposing of stores or goods the Sending State shall be liable to pay any duty which would be payable on items so disposed of in accordance with the law of the Receiving State. (8) The arrangements in paragraph 7 of this Article shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of the Receiving State. The Government of the Receiving State and the Government of the Sending State shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government. (9) The Receiving State may require a member of a Visiting Force or its Civilian Component to provide security or undertakings for, or verification of, compliance with the provisions of paragraphs 4, 5 and 6 of this Article. (10) The Sending State shall be permitted to import into and export from the Receiving State, free of duty, all fuel, oil and lubricants intended for exclusive use in official vehicles, aircraft and vessels used in connection with cooperative activities. (11) Subject to the preceding provisions, the Sending State shall take appropriate measures to ensure that the Visiting Force, its Civilian Component and Dependants shall pay any duty and fines due to the Receiving State. (12) The benefits provided under paragraphs 3, 4, 5, 6(a) and 10 of this Article and paragraph 1 of Article 8 shall apply to the extent permitted by the laws and regulations of the Receiving State. |
Article 7 Importation, Transportation, Storage, Use and Carriage of Weapons, Ammunition and Dangerous Goods |
| (1) Members of the Visiting Force may possess and carry weapons when authorised to do so by orders issued by the Sending State and in circumstances previously approved by the Receiving State. (2) Weapons, ammunition and dangerous goods of the Visiting Force shall be imported, transported, stored and used in accordance with the laws, regulations and policies of the Receiving State. (3) The Receiving State shall specify, in consultation with the Sending State, the quantity and type of weapons, ammunition and dangerous goods which may be imported, transported, stored and used in the Receiving State. |
Article 8 Local Purchases and Employment |
| (1) The Sending State and its contractors shall endeavour to purchase local goods and services required for the purpose of conducting cooperative activities while in the Receiving State to the greatest extent practicable provided they are available at a price no less favourable than and subject to the same terms in respect of any tax or fee as the Receiving State’s Force and are of the standard required. (2) The Sending State and its contractors may engage local labour while in the Receiving State. The conditions of employment and work shall comply with the minimum standards laid down by local laws and regulations of the Receiving State. (3) Local civilian workers engaged by the Visiting Force or Civilian Component or a Dependant shall not be regarded as being members of a Visiting Force or its Civilian Component under this Agreement, unless otherwise mutually determined. |
Article 9 Personal Taxation |
| Other than for taxes and duties for which provision is made under this Agreement, the liability for taxes and duties of a member of a Visiting Force or its Civilian Component or a Dependant shall be governed by any applicable agreement in force between the Parties in relation to such taxes or duties that has been implemented under the laws of both Parties. |
Article 10 Uniforms |
| Members of a Visiting Force may wear the uniform and military insignia of their Force while performing their official duties. |
Article 11 Security |
| (1) The Parties shall cooperate and take appropriate measures in accordance with the laws and regulations of the Receiving State to ensure the security of the installations and areas made available to the Visiting Force, and of their property, official records and information. (2) The Sending State shall have the right to maintain military police for the maintenance of good order and discipline within the Visiting Force. (3) The Receiving State shall be responsible for security outside the installations and areas made available to the Visiting Force. (4) Subject to paragraph 3 of this Article, members of the Visiting Force may, with the consent of and in liaison with the Receiving State, be employed outside the installations and areas used by a Visiting Force, in so far as such employment is consistent with the law of the Receiving State and is necessary to protect the security of the installations and areas made available to the Visiting Force or to maintain good order and discipline among the members of a Visiting Force. |
Article 12 Driving Licences and Official Vehicles |
| (1) The Parties shall mutually determine applicability of exemptions to the Sending State’s Visiting Force and its Civilian Component from registration and licensing laws for the possession or operation of vehicles, aircraft, vessels and other equipment necessary for the purposes of cooperative activities. (2) The Receiving State shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Sending State to a member of a Visiting Force for the purpose of driving official vehicles in the course of his or her official duty. Permits and licences will have a translation of the official language of the Receiving State. (3) Official vehicles, excluding vehicles hired in the Receiving State, shall carry, in addition to the registration number issued by the Sending State, a distinctive nationality mark, but shall not be required to be registered by the Receiving State. |
Article 13 Licensing and Qualification of Trades and Medical Professionals |
| (1) Subject to paragraph 2 of this Article, members of the Visiting Force and Civilian Component with current and valid professional, technical or trade licences and qualifications issued by the Sending State shall be allowed to perform their relevant official duties within the Receiving State and shall not be required by the Receiving State to obtain any permission (whether in the form of registration, licence or otherwise) to conduct such official duties as a member of the Visiting Force or Civilian Component. (2) Medical professionals, who are members of the Visiting Force or Civilian Component, shall be allowed to provide medical treatment, prescribe and dispense medicinal drugs, and use medical products or devices in the Receiving State for the benefit of the members of the Visiting Force and the Civilian Component. Such medical professionals who are members of the Visiting Force or Civilian Component shall not provide medical treatment, prescribe or dispense medicinal drugs, or use medical products or devices for the benefit of the general public in the Receiving State without the prior consent of the Receiving State. |
Article 14 Communications |
| (1) Any installation of the Visiting Force’s telecommunication system is subject to authorisation from the Receiving State. Requests for such installation shall be given fair and expedient consideration by the Receiving State. The construction, maintenance and operation of such communication systems shall be carried out as mutually determined by the Parties. (2) The Visiting Force shall only use the frequencies allocated to it by the Receiving State. The procedure for allocation, change, withdrawal or return of frequencies shall be mutually determined by the Receiving State and the Sending State. The Visiting Force may operate communication and information systems for official communications in accordance with arrangements mutually determined with the Receiving State. (3) The Visiting Force shall take reasonable measures to avoid interference with communication networks in the Receiving State by their own communications or other electrical installations. The Receiving State shall take reasonable measures to avoid interference with the communications facilities of Visiting Forces by communications or other electrical installations operated in the Receiving State. |
Article 15 Public Health, Biosecurity and Medical Treatment |
| (1) Members of a Visiting Force shall be medically and dentally fit to conduct any cooperative activity upon entry into the Receiving State. (2) Unless otherwise mutually determined by the Parties, any medical or dental treatment provided in the facilities of the Receiving State, or by personnel of the Receiving State on request, shall be provided on a full cost recovery basis, including aeromedical evacuation. (3) The Sending State shall ensure that members of its Visiting Force, Civilian Component and Dependants when entering and present in the Receiving State comply with all biosecurity laws and regulations. Unless otherwise agreed between the Parties, all costs in relation to meeting the Receiving States biosecurity requirements shall be met by the Sending State. |
Article 16 Environmental Protection |
| (1) Both Parties shall implement this Agreement in a manner consistent with the protection of the environment, cultural heritage and human health and safety in the Receiving State. (2) Upon request, the Parties shall consult and exchange appropriate information regarding issues that could affect the environment, cultural heritage, and human health and safety in the Receiving State. (3) The Sending State shall, in cooperation with the Receiving State, promptly take appropriate measures to address any damage or potential damage to the environment, cultural heritage, and human health and safety, having regard to the laws and regulations of the Receiving State and upon consultation between the Parties. |
Article 17 Deceased Members |
| (1) The death of a member of the Visiting Force or its Civilian Component or a Dependant, in the Receiving State, hereinafter referred to as “the Deceased”, shall be declared to the Receiving State. The death of the Deceased shall be certified by a doctor appointed by the Receiving State who shall issue a certificate. (2) If the Receiving State orders an autopsy of the Deceased, the Sending State may nominate a representative to attend the autopsy. Subject to the laws and regulations of the Receiving State, and in so far as practicable the Sending State will be consulted in respect to the conduct of autopsies. (3) If permitted pursuant to the laws and regulations of the Receiving State, the Sending State shall have the right to take and retain charge of and make arrangements for the disposition of the remains of the Deceased upon notification from the Receiving State. If requested and where circumstances permit, the Receiving State shall assist with arrangements for the return of the Deceased’s remains to the Sending State. (4) If a member of the Visiting Force or its Civilian Component is believed to be dead but his or her remains have not been recovered, the Receiving State shall permit the Sending State to be involved in the search for and recovery of those remains, subject to the Receiving State’s laws and regulations. (5) If the remains of the Deceased are to be disposed of in the Receiving State instead of being repatriated, the Receiving State shall have regard to any requests made by the Sending State in relation to the method of such disposal. Costs of disposal in the Receiving State shall be borne by the Sending State. |
Article 18 Accident Investigation |
| (1) Subject to international law and the law and regulations of the Receiving State, the Parties shall assist each other in carrying out all necessary investigations related to any accident or incident in the Receiving State involving only official aircraft, vessels or vehicles of the Sending State or involving official aircraft, vessels or vehicles of the Sending State and any aircraft, vessels, vehicles or personnel of the Receiving State or a third party in any way. (2) Subject to international law and the law and regulations of the Receiving State, members of the Visiting Force and its Civilian Component shall, at the request of the authorities of the Receiving State, assist, wherever possible, the Receiving State to secure the site and take custody of all wreckage resulting from all accidents or incidents involving official aircraft, vessels or vehicles of the Sending State in the Receiving State. (3) Any death related to the accident or incident should be treated in accordance with Article 17 of Annex 1 of this Agreement. |
| Addition to Article 3 - Related Arrangements: 3. For the avoidance of doubt, any reference in this Agreement to an existing or future arrangement, between the Parties, or action taken by reference to such an arrangement is not intended to alter the status of that arrangement from that of a non-legally binding instrument. 4. Annex 1 to this Agreement forms an integral part of this Agreement. The terms and conditions set out in Annex 1 shall apply to cooperation undertaken pursuant to this Agreement. Addition to Article 1 - Scope and Purpose after 1.a: b. the conduct of visits and exchanges, operations, exercises or other activities, such as cooperation in humanitarian assistance and disaster relief support, between the Parties; c. the efficiency and effectiveness of sending personnel from the Sending State to the Receiving State through defining of the status of a Visiting Force and its Civilian Component; d. the exchange of information and experiences regarding strategic defence and security issues, including information and experiences related to exercises, operations, military equipment and international peacekeeping operations; e. reciprocal access and use of facilities and areas in the territory of a Party by the Visiting Force and Civilian Component of the other Party; Addition of an Article 1 - Definitions (all other articles to change number order up 1): 1. In this Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation (the Agreement) and its Annexes: a. “Civilian Component” means the civilian personnel accompanying the Visiting Force who are employed by or in its service having functions relating to defence matters and who are not nationals of, or ordinarily resident in, the Receiving State, but does not include contractors (unless otherwise mutually determined by the Parties); b. “Classified Information” means any information or material in any form that requires protection against unauthorised disclosure or compromise, which has been designated with a security classification level in accordance with the originating Party’s laws and policies; c. “Dependant” means a person who: (i) is not a member of a Visiting Force or its Civilian Component; and (ii) is not a national of or ordinarily resident in the Receiving State; and is accompanying a member of a Visiting Force or its Civilian Component and is: (I) the Spouse of the member; (II) wholly or mainly maintained by the member; (III) in the custody, care or charge of the member; or (IV) a relative of the member ordinarily residing with the member; (iii) and will reside with the member during their stay in the Receiving State; d. “Force” means the personnel belonging to the armed services of a Party; e. “Receiving State” means the State of the Party in whose territory a Visiting Force is located; f. “Sending State” means the State of the Party to which the Visiting Force belongs; g. “Service Law” means any act, statute, order, regulation or instruction of the Sending State governing all or any of the members of a Visiting Force. Where the laws of the Sending State so provide, Service Law shall also apply to members of the Civilian Component; h. “Spouse” means another person who: (i) is married to a member under the law of the Sending State; or (ii) is not married to a member, but has a relationship with a member as a couple living together on a genuine and subsisting domestic basis; i. “Visiting Force” means any individual, body, contingent or detachment of the Force of one Party, who, with the consent of the other Party, is present in the territory of the other Party Addition of an Article 5 - Consultation (all other articles to change number order up 1): 1. The Parties shall consult each other on contingencies that may affect their sovereignty and regional security interests, and consider measures in response. 2. With full respect for the sovereignty of each of the Parties, they recognise the Receiving State’s right to know, understand and agree to foreign military and intelligence activities conducted in, from, or through its territory and through the use of its assets. Concurrence for the presence of a capability, function or activity is to be based on a full and detailed understanding of that capability, function or activity. |
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