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United States (U.S.)-Jordan: Agreement Between The United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area*

Published online by Cambridge University Press:  18 May 2017

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Abstract

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Type
Treaties and Other Agreements
Information
International Legal Materials , Volume 41 , Issue 1 , January 2002 , pp. 63 - 85
Copyright
Copyright © American Society of International Law 2002

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Footnotes

*

This document was reproduced and reformatted from the text appearing at the Office of the U.S. Trade Representative website (visited February 21, 2002) http://www.ustr.gov. Due to their length, Annexes 3.1 and 3.2 are not being reproduced in this ILM issue.

References

Endnotes

1 For purposes of this Agreement, “schedule” shall include both the schedule and headnotes.

2 Nothing in this Article shall require a Party to take any action with regard to the WTO or a Council, Committee, Body, or the Ministerial Conference of the WTO.

3 The Parties acknowledge and accept that the commitments of the United States in financial services in subparagraphs 2(a) and 2(b) have been undertaken in accordance with the WTO Understanding on Commitments in Financial Services subject to the limitations and conditions set forth in the schedule of the United States.

4 Articles 1(4) and 6(2) of the WCT shall be excepted from this Agreement. Such exception shall be without prejudice to each Party's respective rights and obligations under the WCT, the Berne Convention for the Protection of Literary and Artistic Works (1971) (“Berne Convention“) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (“Trips“).

5 Articles 5, 8(2), 12(2), and 15 of the WPPT shall be excepted from this Agreement. Such exception shall be without prejudice to each Party's respective rights and obligations under the WPPT, the Berne Convention and Trips.

6 For purposes of paragraphs 3 and 4, “protection” shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as uses of intellectual property rights specifically covered by this Agreement.

7 Neither Party is obligated to treat certification marks as a separate category in national law, provided that such marks are protected.

8 A geographical indication shall be considered a trademark to the extent that the geographical indication consists of any sign, or any combination of signs, capable of identifying a good or service as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good or service is essentially attributable to its geographical origin.

9 This provision does not require either Party to mandate that any consumer electronics, telecommunications orcomputing product not otherwise violating the prohibition be designed to affirmatively respond to any effective technological measure. Any violation of the prohibition shall be independent of any infringement of copyright or related rights.

10 It is understood that protection for “new chemical entities” shall also include protection for new uses for old chemical entities for a period of three years.

11 It is understood that, in situations where there is reliance on evidence of approval in another country, Jordan shall at a minimum protect such information against unfair commercial use for the same period of time the other country is protecting such information against unfair commercial use.

12 Paragraphs 1 and 2 of this Article render nationals of Jordan eligible for treaty-trader (E-1) and treaty-investor (E-2) visas subject to the applicable provisions of U.S. laws and corresponding regulations governing entry, sojourn and employment of aliens. They also guarantee similar treatment for U.S. nationals seeking to enter Jordan's territory.

13 A determination that an originating good is being imported as a result of the reduction or elimination of a duty provided for in this Agreement shall be made only if such reduction or elimination is a cause which contributes significantly to the increase in imports. but need not be equal to or greater than any other cause. The passage of a period of time between the commencement or termination of such reduction or elimination and the increase in imports shall not by itself preclude the determination referenced in this footnote. If the increase in imports is demonstrably unrelated to such reduction or elimination, the determination referenced in this footnote shall not be made.

1 For the purposes of this Agreement, the processing of goods imported under Harmonized Commodity Description and Coding System (HS) subheading 0805 into goods classified under HS subheadings 2009.11 through 2009.30 does not satisfy the requirements of paragraph l(a).