International treaty

Annex 19D: Application to Sub-central State-Owned Enterprises and Designated Monopolies (web version)

Published 28 February 2022

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Pursuant to paragraph 12 of Article 19.2 (Scope), the following obligations shall not apply with respect to a state-owned enterprise owned or controlled by a sub-central level of government and a designated monopoly designated by a sub-central level of government:[footnote 1]

(a) for New Zealand:

(i) paragraph 1 of Article 19.4 (Non-Discriminatory Treatment and Commercial Considerations);

(ii) paragraph 2 of Article 19.4 (Non-Discriminatory Treatment and Commercial Considerations);

(iii) subparagraphs 1(a) and 2(a) of Article 19.6 (Non-Commercial Assistance), with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of New Zealand;

(iv) subparagraphs 1(b), 1(c), 2(b), and 2(c) of Article 19.6 (Non-Commercial Assistance);

(v) paragraph 3 of Article 19.6 (Non-Commercial Assistance); and

(vi) paragraph 1 of Article 19.9 (Transparency);

(b) for the United Kingdom:

(i) paragraph 1 of Article 19.4 (Non-Discriminatory Treatment and Commercial Considerations);

(ii) paragraph 2 of Article 19.4 (Non-Discriminatory Treatment and Commercial Considerations);

(iii) subparagraphs 1(a) and 2(a) of Article 19.6 (Non-Commercial Assistance), with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of the United Kingdom;

(iv) subparagraphs 1(b), 1(c), 2(b), and 2(c) of Article 19.6 (Non- Commercial Assistance);

(v) paragraph 3 of Article 19.6 (Non-Commercial Assistance); and

(vi) paragraph 1 of Article 19.9 (Transparency).

  1. For the purposes of this Annex, “sub-central level of government” means the regional level of government and the local level of government of a Party.