Part III: General Rules
Chapter Five General Rules
Article 5.1: Application
The general rules established under this Chapter apply only to matters covered by Part IV (Specific Commitments and Rules), except as otherwise provided in this Agreement. In the event of an inconsistency between a specific rule in Part IV and a general rule in this Chapter, the specific rule prevails to the extent of the inconsistency.
Article 5.2: No Obstacles
Subject to Article 5.7, each Party shall ensure that any measure it adopts or maintains does not operate to create an obstacle to trade, investment and labour mobility between the Parties.
Article 5.3: Right of Entry and Exit
Subject to Article 5.7, no Party shall adopt or maintain any measure that restricts or prevents the movement of persons, goods, services or investment between the Parties.
Article 5.4: Reciprocal Non-discrimination
- Subject to Article 5.7, each Party shall accord to goods of the other Party, treatment no less favourable than the best treatment it accords to its own like, directly competitive or substitutable goods or those of any non-Party.
- Subject to Article 5.7, each Party shall accord to persons, services, investors and investments of the other Party, treatment no less favourable than the best treatment it accords, in like circumstances, to its own persons, services, investors and investments or those of any non-Party.
- The Parties agree that according identical treatment may not necessarily result in compliance with paragraphs 1or 2.
- Each Party shall ensure that any charges it applies to persons, goods, services, investor and investments of the other Party are the same as those charged to its own persons, goods, services, investors and investments, in like circumstances, except to the extent that any differences can be justified by an actual cost-of-service differential.
Article 5.5: Official Language
Nothing in this Agreement shall be construed to require a Party to communicate, publish text or provide particulars or copies of documents other than in an official language of the Party.
Article 5.6: Non-Disclosure
Nothing in this Agreement shall be construed to require a Party to disclose any information that by law is not subject to disclosure.
Article 5.7: Legitimate Objectives
- A measure inconsistent with Articles 5.2, 5.3 or 5.4 is still permissible under this Agreement where it can be demonstrated that:
- the purpose of the measure is to achieve a legitimate objective;
- the measure does not operate to impair unduly the access of persons, goods, services or investments of a Party that meet that legitimate objective;
- the measure is not more trade restrictive than necessary to achieve that legitimate objective; and
- the measure does not create a disguised restriction to trade, investment or labour mobility.
- The legitimate objectives accepted by the Parties are:
- public security, safety and infrastructure integrity;
- public order;
- protection of human, animal and plant life or health;
- protection of the environment;
- consumer protection;
- protection of the health, safety and well-being of workers; and
- affirmative action programs for disadvantaged groups;
considering, among other things, where appropriate, fundamental climactic or other geographical factors, technological or infrastructure factors, or scientific justification.
- For greater certainty, paragraph 2 may be amended by a provision in Part IV.