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New Zealand-Thailand Closer Economic Partnership Agreement

Chapter 10: Electronic Commerce

Article 10.1 Objectives and Definitions

1. The Parties recognise the economic growth and opportunities provided by electronic commerce, the importance of avoiding barriers to its use and development, and the applicability of relevant WTO rules.

2. The objective of this Chapter is to promote electronic commerce between the Parties.

3. For the purposes of this Chapter:

(a) “electronic version” means a document in an electronic format prescribed by a Party, including a document sent by facsimile transmission;

(b) “trade administration documents” means paper forms issued or controlled by the Government of a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.

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Article 10.2 Customs Duties

Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between Thailand and New Zealand.

Article 10.3 Domestic Regulatory Frameworks

1. Each Party shall maintain domestic legal frameworks governing electronic transactions based on the UNCITRAL Model Law on Electronic Commerce 1996.

2. Each Party shall:

(a) minimise the regulatory burden on electronic commerce; and

(b) ensure that regulatory frameworks support industry-led development of electronic commerce.

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Article 10.4 Online Consumer Protection

Each Party shall, to the extent possible and in a manner considered appropriate by each Party, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under their respective laws, regulations and policies.

Article 10.5 Online Personal Data Protection

1. Notwithstanding the differences in existing systems for personal data protection in the territories of the Parties, each Party shall take such measures as it considers appropriate and necessary to protect the personal data of users of electronic commerce.

2. In the development of data protection standards, each Party shall, to the extent possible, take into account international standards and the criteria of relevant international organisations.

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Article 10.6 Paperless Trading

1. Each Party shall accept the electronic format of trade administration documents as the legal equivalent of paper documents except where:

(a) there is a domestic or international legal requirement to the contrary; or

(b) doing so would reduce the effectiveness of the trade administration process.

2. The Parties shall cooperate bilaterally and in international fora to enhance acceptance of electronic versions of trade administration documents.

Article 10.7 Cooperation on Electronic Commerce

2. The Parties shall encourage cooperative activities to promote electronic commerce, including those that would improve the effectiveness and efficiency of electronic commerce.

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Article 10.8 Non-Application of Dispute Settlement Provisions

Except for Article 10.2, Chapter 17 shall not apply to the provisions of this Chapter.


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Page last updated: Tuesday, 17 July 2007 13:46 NZST