1994年的台美TIFA

Trade and Investment Framework Agreement (TIFA)

【Comment】

對經濟事物我不專家，但「那個人」不是說與中國簽署ECFA（現在又改名叫CSEA）之後就可以與美國簽TIFA嗎？那AIT網站上的AIT與TECRO（當時稱為CCNAA）1994.09.19簽署的TIFA，是什麼TIFA呢？還是現在要談的是後續修訂（因為已經建立「共同委員會））？馬頭馬屁股都是醬缸，隨便講講。

這次美牛簽署，是AIT與TECRO簽署的，是或不是？

AGREEMENT BETWEEN THE AMERICAN INSTITUTE IN TAIWAN AND THE COORDINATION COUNCIL FOR NORHT AMERICAN AFFAIRS CONCERNING A GRAMEWORK OF PRINCIPLES AND PROCEDURES FOR CONSULTATTIONS REGARDING TRADE AND I

The American Institute in Taiwan (AIT) and the Coordination Council For North American Affairs (CCNAA) (individually a "Party" and collectively the "Parties"):

1) Desiring to enhance the friendship and spirit of cooperation between the territories the Parties represent,

2) Desiring to develop further the international trade and economic interrelationship between the territories the Parties represent,

3) Taking into account the participation of the territories represented by both Parties in trade agreements, and noting that this Agreement is without prejudice to the rights and obligations of the Parties under such agreements,

4) Taking into account their commitment to greater trade and investment liberalization on a multilateral basis,

5) Recognizing the importance of fostering an open and predictable environment for international trade and investment,

6) Recognizing the benefits to the territory represented by each Party that may result from increased international trade and investment, and agreeing that trade-distorting investment measures and protectionism may deprive the territories represented by the Parties of such benefits,

7) Recognizing the essential role of private investment, both domestic and foreign, in furthering growth, creating jobs, expanding trade, improving technology and enhancing economic development,

8) Recognizing that foreign direct investment confers positive benefits on the territory represented by each Party,

9) Recognizing the increased importance of services in their economies and in bilateral and international trade,

10) Taking into account the need to eliminate non-tariff barriers in order to facilitate greater access to the markets of the territories represented by the Parties,

11) Recognizing the importance of providing adequate and effective protection and enforcement of intellectual property rights, and taking account of their commitments undertaken and to be undertaken with respect to intellectual property rights,

12) Noting the common objective of both Parties to improve worker's welfare and provide for better terms and conditions of employment,

13) Recognizing the desirability of resolving trade and investment problems in a timely manner,

14) Considering that it would be in their mutual interest to establish a mechanism between the Parties for encouraging the liberalization of trade and investment between the territories represented by them as well as for consulting on bilateral trade and investment issues,

Have agreed as follows:

ARTICLE ONE

There shall be established between the Parties the AIT-CCNAA Council on Trade and Investment (the "Council").

ARTICLE TWO

The Council shall be composed of representatives of both Parties and their advisors. Each side will be chaired by a representative of AIT and CCNAA, respectively. The senior advisor to AIT from the Office of the U.S. Trade Representative will be AIT's chief negotiator. The senior advisor to CCNAA from the Ministry of Economic Affairs (or another designee) will be CCNAA's chief negotiator.

ARTICLE THREE

The Council will meet at such times as agreed by the two Parties.

ARTICLE FOUR

The Parties will seek the advice of the private sector in their respective territories on matters related to the work of the Council. Private sector representatives may be asked to participate in Council meetings whenever both Parties agree it is appropriate.

ARTICLE FIVE

The objectives of the Council are as follows:

1) To review trade and investment flows, to identify opportunities for expanding trade and investment.

2) To hold consultations on specific trade and investment matters of interest to the Parties and to negotiate agreements where appropriate.

3) To identify and work toward the removal of measures that distort bilateral trade and investment flows.

ARTICLE SIX

1) Either Party may raise for consultation any trade or investment matter between the Parties. Requests for consultation shall be accompanied by a written explanation of the subject to be discussed and consultations shall be held within 30 days of the request, unless the requesting Party agrees to a later date, or unless both Parties subsequently agree that consultations on the matter are unnecessary.

2) Consultations will take place initially in the territory whose measure or practice is the subject of discussion or other places as both Parties mutually agree upon.

3) This Article shall be without prejudice to the rights of either Party under the law of the territory it represents or under instruments to which both are parties.

ARTICLE SEVEN

1) The Council will commence its work by addressing the "Immediate Action Agenda" of trade and investment issues set forth as an Annex to this Agreement.

2) The Council may establish joint, ad hoc working groups in order to facilitate the work of the Council.

ARTICLE EIGHT

This Agreement shall enter into force on the date of its signature by both Parties which shall occur after their respective necessary procedures have been completed.

ARTICLE NINE

1) This Agreement shall remain in force unless terminated by mutual consent of the Parties or by either Party upon six months written notice to the other Party.

2) In the event that the Parties decide by mutual consent to amend the Agreement, such amendments may be done by an exchange of letters.

3) The Parties agree to prepare a mutually acceptable record of any agreements reached between them concerning any specific trade or investment issues.

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

DONE (at Washington , D.C. ) this 19 day of September one thousand nine hundred and ninety-four, in duplicate in the English and Chinese languages, each being equally authentic.

For the American Institute
in Taiwan

For the Coordination Council
for North American Affairs

ANNEX

IMMEDIATE ACTION AGENDA

In relation to the Agreement Between the American Institute in Taiwan and the Coordination Council for North American Affairs Concerning a Framework of Principles and Procedures For Consultations Regarding Trade and Investment, AIT and CCNAA confirm the following:

1) They are prepared to commence the work of the Council within 180 days with an "Immediate Action Agenda" composed of the following topics:

Trade-related environmental issues

Multilateral and regional trade issues of mutual interest

Trade dispute settlement mechanism

Intellectual Property Rights

GATT Accession

ATA Carnet

Anti-dumping issues

2) The inclusion of topics on this "Immediate Action Agenda" does not limit the ability of either Party to raise for consultations under Article 6 of the Agreement any other issue relating to trade or investment which might arise in the near term and requires immediate bilateral consultations, nor prejudice the raising of new issues in the future.

For the American Institute
in Taiwan

For the Coordination
Council for North
American Affairs