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Canada-Israel Free Trade Agreement

CHAPTER FOUR
NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Section A – National Treatment

Article 4.1: National Treatment

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

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

Section B – Non-Tariff Measures

Article 4.2: Import and Export Restrictions

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

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

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

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

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

Article 4.3: Customs User Fees and Similar Charges

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

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

Article 4.4: Distilled Spirits

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

Article 4.5: Customs Valuation

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

Article 4.6: Global Emergency Actions

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

2. In determining whether:

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

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

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

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

Article 4.7: Export Taxes

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

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

Section C – Committee on Trade in Goods

Article 4.8: Committee on Trade in Goods

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

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

3. The Committee’s functions shall includeFootnote 1:

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

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

5. At the request of a Party, the Parties shall convene a meeting of their relevant officials to address issues related to the movement of goods through a Party’s ports of entry.

6. The Parties may decide to hold any of the meetings referred to in this Article in person or by using any means available.

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

Section A – Canadian Measures

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

Section B - Israeli Measures

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

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