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1.Signed on June 08, 2018 Entered into force on December 27, 2018

 
PREAMBLE

WHEREAS the Government of the Republic of China (Taiwan) and the
Government of the Kingdom of Eswatini (hereinafter jointly
referred to as the "Parties" and separately as a "Party");

RECOGNIZING the catalytic role that bilateral economic
cooperation can play towards accelerating trade and investment;

DESIRING to enhance mutually beneficial bilateral trade and
investment between the Parties;

CONSCIOUS that this Agreement on Economic Cooperation
(hereinafter referred to as the "Agreement") will contribute to
the promotion of closer links between the Parties;

HAVE AGREED as follows:

INTERPRETATION

In this Agreement, in the absence of the express provision or
statement to the contrary:

"Insignificant Value" shall refer to:

(a) for the Republic of China (Taiwan), a value of no more than
NT$12,000 as stipulated under Article 3 of the Regulations
Governing Customs Clearance for Importation of Advertising
Matter and Samples of the Republic of China (Taiwan); and
(b) for the Kingdom of Eswatini, such as determined in
accordance with Schedule 4 of the Customs and Excise Act
1971 of the Kingdom of Eswatini.

CHAPTER I INITIAL PROVISIONS
ARTICLE 1 Objectives

The Parties enter into this Agreement to ensure sustainable
development that seeks to protect and preserve the environment
and to explore new areas of economic, trade and investment
through various methods, such as engaging in cooperation and
personnel exchanges and other types of cooperation as provided
in this Agreement or agreed by the Parties.

CHAPTER II BILATERAL COOPERATION
ARTICLE 2 Economic Cooperative Programs

In order to raise the standards of living and ensure full
employment and a large and steadily growing volume of real
income and effective demand, the Parties agree to the following
Economic Cooperative Programs:
(a) Trade Cooperation
(i) The Parties reaffirm their rights and obligations under
the Marrakesh Agreement Establishing the World Trade
Organization (hereinafter referred to as the "WTO
Agreement"), in particular the Agreement on Technical
Barriers to Trade and the Agreement on the Application of
Sanitary and Phytosanitary Measures.
(ii) The Parties shall cooperate in the fields of
standardization, metrology, conformity assessment and
quality infrastructure, with the aim of enhancing mutual
understanding and promoting economic and trade relations
and thereby eliminating technical barriers to trade.
(iii) The Parties shall cooperate on sanitary and
phytosanitary measures for the protection of human,
animal and plant life.
(iv) The Parties will cooperate in addressing supply side
constraints with the aim of increasing competiveness of
the Parties at industry level. Such cooperation may
include, but is not limited to, areas of innovation,
production, technology, distribution, marketing and
financing.
(v) For purposes of maintaining sustainable economic
development, fostering growth and prosperity and
increasing wealth and welfare, the Government of the
Republic of China (Taiwan) will eliminate tariffs on the
products listed in the List of Products of the Republic of
China (Taiwan) as provided in Annex I at entry into force
of this Agreement, save for sugar (Annex I-A), natural
honey (Annex I-B) and avocados (Annex I-C), which will be
subject to annual tariff rate quota treatment.
(b) Investment Cooperation
(i) The Parties shall require their designated agencies to
hold regular consultations with investors of the Republic
of China (Taiwan) in order to assist such investors with
addressing issues and barriers to their investments, and
providing investment incentives, including but not limited
to stable electricity prices and improving the quality of
facility maintenance to factories and buildings.
(ii) The Government of the Kingdom of Eswatini shall from time
to time provide the Government of the Republic of China
(Taiwan) with the information relating to its
participation in African economic integration, including
new market access opportunities created with third
parties and shall assist the Government of the Republic
of China (Taiwan) to use the Kingdom of Eswatini as a
base in strengthening its investments in the African
economy.

(c) Export Processing Zones Cooperation
The Export Processing Zone Administration of the Republic of
China (Taiwan) shall engage in management experience
exchanges, research and development and provide training
programs to the special economic zones of the Kingdom of
Eswatini.
(d) Technical Cooperation
(i) The Parties shall establish a technical cooperation
mechanism in order to develop the major areas of
agriculture, tourism, environment, education, information
and communications technology, and public health and
medicine, including agricultural products processing,
energy, mining, healthcare, vocational education, as well
as other initiatives.
(ii) The Parties will encourage studies aiming at identifying
potential investment sectors to develop clusters on agro
industrial activities.
(e) Personnel Exchange and Cooperation
The Parties shall establish a professional personnel
exchange and cooperation mechanism in order to promote the
growth and development of their respective economies. For
these purposes, the Parties may cooperate through:
(i) dispatching experts and scholars for exchange visits in
order to provide assistance relating to the development of
specific industry chains; and
(ii) with respect to agreed fields of industry cooperation,
engaging in personnel exchanges by way of research and
study, experience sharing, consultations, professional
training, among others.

CHAPTER III INVESTMENT PROMOTION AND PROTECTION
ARTICLE 3 Investment Promotion
1. The Parties recognize the importance of promoting
cross-border investment flows and technology transfers as
means for achieving economic growth and development. In order
to increase investment flows, the Parties may cooperate
through:
(a) exchanging information, including potential sectors and
investment opportunities, laws and regulations, so as to
increase awareness on their investment environments;
(b) encouraging and supporting investment promotion activities
such as investment conferences, fairs, exhibitions and
investment promotion missions;
(c) discussing the possibility of negotiating bilateral
investment promotion and protection agreements with a view
to furthering investment flows and technology transfer; and
(d) developing mechanisms for investments conducted by the
private sector on the basis of commercial considerations.
2. The Parties recognize that the objective of investment
promotion shall be in conformity with their respective
national legislation.

CHAPTER IV CUSTOMS PROCEDURES AND COOPERATION
ARTICLE 4 Rules of Origin

In order to qualify for the trade cooperation in Article
2(a)(v), the imports listed in the List of Products of the
Republic of China (Taiwan) in Annex I of this Agreement shall
meet the requirements of rules of origin as stipulated in Annex
II of this Agreement.

ARTICLE 5 Duty-Free Importation of Certain Commercial Samples
and Printed Advertising Material

Each Party shall authorize the duty-free importation of
commercial samples of Insignificant Value and printed
advertising materials from the territory of the other Party.

ARTICLE 6 Customs Valuation
1. The Agreement on the Implementation of Article VII of the
General Agreement on Tariffs and Trade of 1994 (hereinafter
referred to as the "Agreement of the WTO on Customs
Valuation") shall govern customs valuation rules applied by
the Parties to their mutual trade.
2. The Parties shall cooperate with a view to reaching a common
approach to issues relating to customs valuation.

ARTICLE 7 Facilitation of Customs Procedures

The Parties shall take all necessary measures to facilitate the
customs procedures for originating products.

ARTICLE 8 Customs Cooperation

The Parties commit themselves to developing customs cooperation
mechanisms to ensure that the provisions on trade are observed.
For this purpose they shall establish a dialogue on customs
matters and provide mutual assistance.

CHAPTER V TRADE REMEDIES
ARTICLE 9 Antidumping, Subsidies and Countervailing Measures

In the application of antidumping or countervailing measures and
with respect to subsidies, the Parties shall be governed by
their respective legislation which shall be consistent with the
WTO Agreement.

ARTICLE 10 Safeguard Measures

The rights and obligations of the Parties with respect to
safeguard measures shall be governed by Article XIX of the GATT
1994 and the WTO Agreement on Safeguards.

CHAPTER VI INTELLECTUAL PROPERTY
ARTICLE 11 Intellectual Property

In line with their rights and obligations under the WTO
Agreement on Trade-related Aspects of Intellectual Property, the
Parties agree to:
(a) promote the importance of intellectual property rights in
fostering trade in goods and services, innovation, and
economic, social and cultural development;
(b) promote the effective protection, enforcement and
maintenance of intellectual property rights; and
(c) recognize the need to achieve a fair balance among the
rights of intellectual property rights holders, the
legitimate interest of users and the wider interest of the
public with regard to protected subject matters.

CHAPTER VII TRANSPARENCY
ARTICLE 12 Publication

Each Party shall promptly publish its laws, regulations,
procedures and administrative rulings of general application
regarding any matter covered by this Agreement.

CHAPTER VIII FINAL PROVISONS
ARTICLE 13 Exceptions

No provision of this Agreement shall be interpreted to prevent
the Parties from adopting or maintaining exception measures
consistent with the rules of the WTO Agreement.

ARTICLE 14 Joint Committee
1. A Joint Committee is hereby established.
2. The Joint Committee shall comprise of representatives from
each Party appointed by the Minister of Economic Affairs of
the Republic of China (Taiwan) and the Minister of Commerce,
Industry and Trade of the Kingdom of Eswatini or their
representatives.
3. The tasks of the Joint Committee shall be to:
(a) promote the effective administration and implementation of
this Agreement;
(b) facilitate regular communication and consultation between
the Parties;
(c) facilitate the exchange of information at the request of
either Party;
(d) periodically review the possibility of further removal of
obstacles to trade between the Parties; and
(e) within six (6) months of entry into force of this Agreement,
define priority sectors for technical cooperation and
request the Parties respective relevant authorities to
identify specific projects and establish mechanisms for
their implementation.
4. The Joint Committee shall establish its own rules of
procedure.
5. The Joint Committee shall establish subcommittees for any
purpose under this Agreement.

ARTICLE 15 ENTRY INTO FORCE

This Agreement shall enter into force thirty (30) days after the
Parties have formally notified, through diplomatic channels, the
completion of the domestic procedures necessary to that effect.

ARTICLE 16 MISCELLANEOUS PROVISIONS
1. Either Party may terminate this Agreement by giving one (1)
year written notice of its intention to terminate to the
other Party through diplomatic channels.
2. This Agreement may be amended in writing by mutual consent of
the Parties through the Exchange of Notes between the Parties
through diplomatic channels.
3. This Agreement shall include the Annexes thereto, and all
future legal instruments agreed pursuant to this Agreement.
4. Each Party shall designate and notify to the other Party a
contact point to facilitate communications between the
Parties on any matter covered by this Agreement. At the
request of a Party, the other Party's contact point shall
identify the office or official responsible for the matter
and assist, as necessary, in facilitating communication with
the requesting Party.

DONE at on this day of 2018 in the English language.

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.



FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
REPUBLIC OF CHINA(TAIWAN) THE KINGDOM OF ESWATINI


_________________________ _________________________
Jong-Chin Shen Honourable Jabulani C. Mabuza
Minister, Minister,
Ministry of Economic Ministry of Commerec,
Affairs Industry and Trade