Free Trade Agreement with Morocco

1. This Chapter applies to measures adopted or maintained by one Party that affect the cross-border movement of services by suppliers of the other Party. Such measures shall include measures concerning: 1. Where a Party providing information to the other Party in accordance with this Chapter designates the information as confidential, the other Party shall respect the confidentiality of the information. The party providing the information may require written assurance from the other party that the information will remain confidential, will be used only for the purposes specified in the other party`s request for information, and will not be disclosed without the express permission of the parties. The Parties may agree that the information may be used or disclosed for law enforcement purposes or in connection with legal proceedings. 4. Notwithstanding Article 10.12.5(b), each Party shall accord non-discriminatory treatment to investors of the other Party and to covered investments with respect to measures it adopts or maintains with respect to losses suffered by investments in its territory as a result of an armed conflict or civil conflict. 4. Protected information submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (b) Where the importing Party is unable to make a finding in accordance with paragraph 3 or to draw a negative conclusion within 12 months of its request for review, it may take appropriate measures in accordance with its law: including the denial of preferential tariff treatment for textile or clothing products exported or manufactured by the person subject to inspection. 3. A Party is not required to offer compensatory adjustments if it agrees that the proposed amendment covers a procuring entity over which the Party has effectively lost its control or influence.

If the Parties do not agree that State control or influence has been effectively eliminated, the party opposing it may request additional information or consultations in order to clarify the nature of state control or influence and to reach agreement on the subsequent coverage of procuring entities under this Chapter. 5. Where an importer requests that the treatment of imported goods be governed by a preliminary ruling, the customs authority may assess whether the facts and circumstances of the importation are compatible with the facts and circumstances on which the preliminary ruling was based. (b) offer acceptable compensatory adjustments to the other Party within 30 days of notification by the other Party in order to maintain a level of coverage comparable to that which existed prior to the amendment, except in paragraph 3. (c) establish or maintain procedures for the release of the goods before and without prejudice to the final determination by its customs authority of the applicable duties, taxes and charges and, under those procedures, require the importer to provide sufficient security in the form of a guarantee or other appropriate instrument to ensure payment of any customs duty; taxes and fees that may ultimately be set; and (b) pursuant to Article 20.9.2 (Panel Report), a recommendation that the respondent comply or comply with the final award. 3. Articles VI and VII of the Treaty between the United States of America and the Kingdom of Morocco on the Promotion and Reciprocal Protection of Investments with Protocol signed in Washington on 22 July 1985 (hereinafter referred to as `the Treaty`) shall be suspended on the date of entry into force of this Agreement. 14 For the avoidance of doubt, measures taken by a Party to enforce laws of general application, such as competition law, are not covered by this definition. 4.

Neither Party shall grant recognition in a manner that would constitute a means of discrimination between countries in the application of their standards or criteria for the admission, licensing or certification of service suppliers or a disguised restriction on trade in services. In critical cases where delay would cause injury that would be difficult to remedy, a Party may provisionally apply a safeguard measure if it is provisionally established that there is clear evidence that imports of a good originating in the other Party have increased as a result of the reduction or elimination of a rate of duty under this Agreement, and that these imports constitute a significant cause of injury to the domestic industry. The duration of a provisional measure shall not exceed 200 days, provided that the Party meets the requirements of Articles 8.2.2 and 8.2.3. The Party shall promptly reimburse any increase in customs duties if the investigation described in Article 8.2.2 does not lead to the conclusion that the conditions set out in Article 8, paragraph 1, are met. The period of validity of an interim measure shall be counted as part of the period described in Article 8.2.4(b). If, in accordance with the procedures set out in Article 8.2, the competent authorities of a Party determine that a safeguard measure is still necessary to prevent or remedy material injury and to facilitate adaptation, and there are indications that industry is making an adjustment, the Party may extend the application of the safeguard measure for a further period of two years. 10 Whether a particular type of licence, authorisation, authorisation or similar instrument (including a concession, in so far as it has the nature of such an instrument) has the characteristics of an investment depends on factors such as the nature and extent of the rights which the holder has under the law of the Contracting Party. Licences, permits, permits and similar instruments which do not have the characteristics of an investment include those which do not create rights protected by national law. For the avoidance of doubt, the foregoing is without prejudice to whether an asset associated with the licence, authorisation, authorisation or similar instrument has the characteristics of an investment. 2.

Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating products in accordance with Annex IV (Customs Elimination). 2. Where a Party recognizes, independently or by agreement or arrangement, training or experience, requirements, or licenses or certifications issued in the territory of a Non-Party, Article 11, paragraph 3, shall not be construed as requiring the Party to grant such recognition of training or experience acquired in the territory of the other Party, requirements met or requirements fulfilled in the territory of the other Party. Grant licences or certifications granted to the Contracting Party. 4 For the avoidance of doubt, the reference to the TRIPS Agreement in paragraph 5 includes any derogation between the Parties to a provision of that Agreement granted by WTO Members under the WTO Agreement. 1. Where two or more claims have been submitted separately to arbitration in accordance with Article 10.15.1 and the claims are of a legal or factual nature and arise from the same events or circumstances, any party to the dispute may, with the consent of all parties to the dispute to be covered by the resolution or text of paragraphs 2 to 10, request a consolidation settlement. Applicant: an investor of a Party that is a party to an investment dispute with the other Party; 3.

Where the fair value is denominated in a freely usable currency, the compensation referred to in point (c) of paragraph 1 shall be at least equal to the fair value at the date of expropriation, plus interest at an economically reasonable rate of interest on that currency accrued from the date of expropriation to the date of payment. 3. Upon receipt of a recommendation in accordance with paragraph 1, the Joint Committee shall examine the recommendation within a reasonable time in order to determine whether it is compatible with this Agreement. On the basis of the review by the Joint Committees, each Party shall, where appropriate, encourage its respective competent authorities to implement the Recommendation within a mutually agreed period. In 2011, it was one of nine free trade agreements the United States has concluded since 1985. [3] The agreement aims to increase trade and create new investment opportunities between the two countries. As far as the huge United States is concerned. The free trade agreement is likely to have a positive but small overall effect on the United States. The Office of the U.S. Trade Representative (USTR) said the agreement with Morocco was the “best market access package of any U.S. free trade agreement signed with a developing country to date.” The adoption of this law has strengthened economic relations between Morocco and the United States.

[4] Morocco is committed to making its business environment more transparent and open to international companies by providing companies with an effective legal framework and a safe working environment. The governments of the United States and Morocco have agreed to publish in advance their current trade and investment laws, as well as all legislative proposals. Corruption in any form is prohibited, whistleblowers enjoy protection, and U.S. companies enjoy the same rights as Moroccan companies when investing in the country. 3. No Party shall apply or maintain an agricultural safeguard measure and, at the same time, apply or maintain in respect of the same good: 4. The importing Party shall notify the exporting Party without delay of its intention to take safeguard measures and, at the request of the exporting Party, shall enter into consultations with that Party in this regard. on.. .

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