WORLD TRADE
ORGANIZATIONWT/REG134/1
13 March 2002
(02-1287)
Committee on Regional Trade Agreements Original:  English
FREE TRADE AREA BETWEEN THE UNITED  STATES AND JORDAN
The following text reproduces the Agreement establishing a Free-trade area between the
United States and Jordan.*
_______________
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA  AND
THE HASHEMITE KINGDOM OF JORDAN
ON THE ESTABLISHMENT OF A FREE-TRADE AREA
PREAMBLE
The Government of the United States of America (“United States”) and the Government of
the Hashemite Kingdom of Jordan (“Jordan”),
Desiring to strengthen the bonds of friendship and economic relations and cooperation
between them;
Wishing to establish clear and mutually advantageous rules governing their trade;
Aspiring to promote their mutual interest through liberalization and expansion of trade
between their countries;
Reaffirming their willingness to strengthen and rein force the multilateral trading system as
reflected in the World Trade Organization, and to contribute to regional and international cooperation;
Recognizing that Jordan's economy is still in a state of development and faces special
challenges;
Recognizing the objective of sustainable development, and seeking both to protect and
preserve the environment and to enhance the means for doing so in a manner consistent with theirrespective needs and concerns at different levels of economic development;
Recognizing that their relations in the field of trade and economic activity should be
conducted with a view to raising living standa rds and promoting economic growth, investment
opportunities, development, prosperity, employment and the optimal use of resources in theirterritories;
__________________________
* 
The Annexes thereto have been submitted to the Secretariat for consultation by interested Members
(Office 1174).  The text of the Agreement together with its Annexes is also available on the website of the
Office of the United States Trade Representativ e (http://www.ustr.gov/regions/eu-med/middleeast/US-
JordanFTA.shtml)WT/REG134/1
Page 2
Desiring to foster creativity and innovation and promote trade in goods and services that are
the subject of intellectual property rights;
Recognizing the need to raise public awareness of the challenges and opportunities offered by
trade liberalization;
Wishing to raise the capacity and international competitiveness of their goods and services;
Desiring to promote higher labor standards by building on their respective international
commitments and strengthening their cooperation on labor matters; and
Wishing to promote effective enforcement of their respective environmental and labor law;
HAVE AGREED AS FOLLOWS:
Article 1
Establishment of a Free Trade Area and
Relationship to other  Agreements
1. The Parties to this Agreement, consistent with Article XXIV of the General Agreement on
Tariffs and Trade 1994 ("GATT 1994") and Article V of the General Agreement on Trade in Services
("GATS"), hereby establish a free trade area in accordance with the provisions of this Agreement.
2. The Parties reaffirm their respective rights and obligations with respect to each other under
existing bilateral and multilateral agreements to which both Parties are party, including the Marrakesh
Agreement Establishing the World Trade Organization (“WTO Agreement”).
3. This Agreement shall not be construed to derogate from any international legal obligation
between the Parties that entitles a good or service, or the supplier of a good or service, to treatment
more favorable than that accorded by this Agreement.
4. Nothing in Article 17 shall be construed to authorize a Party to apply a measure that is
inconsistent with the Party’s obligations under the WTO Agreement.
Article 2
Trade in Goods
1. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its
customs duties on originating goods of the other Party in accordance with Annex 2.1 and its schedule1
to Annex 2.1.
2. For purposes of this Agreement, originating good means an article described in Annex 2.2.
3. Each Party shall accord national treatment to the goods of the other Party in accordance with
Article III of the GATT 1994, including its interpretative notes. To this end, Article III of GATT 1994
and its interpretative notes are incorporated into and made a part of this Agreement, subject to
Annex 2.3.
                                                     
1 For purposes of this Agreement, "schedule" shall include both the schedule and headnotes.WT/REG134/1
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4. A Party may not introduce a new customs duty on imports or a new quantitative restriction on
imports in the trade between the Parties, other than as permitted by this Agreement, subject to
Annex 2.3.
5. In the event that this Agreement enters into force on a date other than January 1, “year one”
for purposes of Annex 2.1 and each Party’s schedule to Annex 2.1 shall mean the period from the date
of entry into force of this Agreement through the end of the calendar year, and the duty reductions in
each Party’s schedule to Annex 2.1 shall take effect on such date of entry into force. In such event, the
term “January 1 of year one” for purposes of Annex 2.1 and each Party’s schedule to Annex 2.1 shall
mean the date of entry into force of this Agreement.
Article 3
Trade in Services
1. This Article applies to measures by a Party affecting trade in services between the Parties.
2. (a) With respect to market access through the modes of supply identified in Article I of
the GATS, each Party shall accord services and service suppliers of the other Party
treatment no less favorable than that provided for under the terms, limitations, and
conditions agreed and specified in its Services Schedule to Annex 3.1 to this
Agreement.  In sectors where such market access commitments are undertaken, themeasure which a Party shall not maintain or adopt either on the basis of a regional
subdivision or on the basis of its entire territory, unless otherwise specified in its
Services Schedule to Annex 3.1, are those measures defined in Article XVI:2(a)-(f) of
the GATS.
(b) In the sectors inscribed in its Services Schedule to Annex 3.1, and subject to any
conditions and qualifications set out therein, each Party shall accord to services and
service suppliers of the other Party, in respect of all measures affecting the supply of
services, treatment no less favorable than that it accords to its own like services and
service suppliers.
(c) (i) Subject to subparagraph (c)(ii), any market access or national treatment
commitment inscribed in a Party’s Services Schedule to Annex 3.1 shall give
rise to the same rights and obligations
2 between the Parties as if that
commitment had been inscribed in that Party’s schedule of specific
commitments annexed to the GATS.3
(ii) The provisions of GATS that shall be construed to give rise to rights and
obligations under this Article are: Articles II Ibis; VI:1, 2, 3, 5, 6; VII:1 & 2;
VIII:1, 2, 5; IX; XI; XII; XIII:1; XIV; XV:2; XVI; XVII; XVIII; XX:2; and
XXVII; Annex on Movement of Natural Persons Supplying Services under
the Agreement; Annex on Financial Services; Annex on Air Transport,paragraphs 1, 2, 3, 4, 6; and Annex on Telecommunications, paragraphs 1-5.
                                                     
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.WT/REG134/1
Page 4
3. Jordan has listed, in its schedule annexed to the GATS, exemptions from most-favored-nation
treatment that are based on a reciprocity requirement. Jordan confirms that the United States satisfies
those reciprocity requirements specified in Annex 3.2.
4. (a) Unless they are specifically defined in this Article or in the Services Schedules to
Annex 3.1, terms used in this Article and such Services Schedules that are also used
in the GATS shall be construed in accordance with their meaning in the GATS,
mutatis mutandi s.
(b) All references in this Article to the GATS  are to the GATS in effect on the date of
entry into force of this Agreement. If, after that date, a Party alters its schedule of
specific commitments annexed to the GATS, the GATS is amended, or the results ofthe negotiations described in GATS Articles VI:4, X:1, XIII:2, or XV:1 enter into
effect, this Article shall be amended, as appropriate, after consultations between the
Parties.
(c) Reference in this Article to a provision of the GATS includes any footnote to that
provision.
Article 4
Intellectual Property Rights
1. Each Party shall, at a minimum, give effect to  this Article, including the following provisions:
(a) Articles 1 through 6 of the Joint Recommendation Concerning Provisions on the
Protection of Well-Known Marks (1999), adopted by the Assembly of the Paris Union
for the Protection of Industrial Property and the General Assembly of the World
Intellectual Property Organization (“WIPO”);
(b) Articles 1 through 22 of the International Convention for the Protection of New
Varieties of Plants (1991) (“ UPOV Conventio n”);
(c) Articles 1 through 14 of the WIPO Copyright Treaty (1996) (“ WCT”)4; and
(d) Articles 1 through 23 of the WIPO Performances and Phonograms Treaty (1996)
(“WPP T”).5
2. Each Party shall make best efforts to ratify or accede to the Patent Cooperation Treaty (1984)
and the Protocol Relating to the Madrid Agreement Concerning the International Registration of
Marks (1989).
                                                     
4 Article 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 Conventio n”) and the Agreement on Trade-Related
Aspects of Intellectual Property Rights (“TRIP S”).
5 Article 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 WPP T, the Berne
Convention and TRIP S.WT/REG134/1
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3. Each Party shall accord to nationals of the other Party treatment no less favorable than it
accords to its own nationals with regard to the protection6 and enjoyment of all intellectual property
rights and any benefits derived therefrom, subject to the exceptions provided in this Article.
4. A Party may derogate from paragraph 3 in relation to its judicial and administrative
procedures, including the designation of an address for service or the appointment of an agent within
the jurisdiction of the other Party, only where such derogations are necessary to secure compliance
with laws and regulations that are not inconsistent with the provisions of this Agreement and where
such practices are not applied in a manner that would constitute a disguised restriction on trade.
5. The obligations under paragraphs 3 and 4 do not apply to procedures provided in multilateral
agreements concluded under the auspices of WIPO relating to the acquisition or maintenance ofintellectual property rights.
Trademarks and Geographical Indications
6. Trademarks shall include service marks, collective marks and certification marks,7 and
may include geographical indications.8
7. The owner of a registered trademark shall have the exclusive right to prevent all third parties
not having the owner's consent from using in the cour se of trade identical or similar signs, including
geographical indications, for goods or services which are related to those in respect of which thetrademark is registered, where such use would result in a likelihood of confusion.
8. Article 6bis of the Paris Convention for the Protection of Industrial Property (1967) (“ Paris
Conventio n”) shall apply, mutatis mutandi s, to goods or services which are not similar to those
identified by a well-known trademark, whether registered or not, provided that use of that trademarkin relation to those goods or services would indicate a connection between those goods or services and
the owner of the trademark and provided that the interests of the owner of the trademark are likely to
be damaged by such use.
9. Neither Party shall require recordal of trademark licenses to establish the validity of the
license or to assert any rights in a trademark.
Copyright and Related Rights
10. Each Party shall provide that all reproductions, whether temporary or permanent, shall be
deemed reproductions and subject to the reproduction right as envisaged in the provisions embodied
in WCT Article 1(4) and the Agreed Statement thereto, and WPPT Articles 7 and 11 and the Agreed
Statement thereto.
11. Each Party shall provide to authors and their successors in interest, to performers and to
producers of phonograms the exclusive right to authorize or prohibit the importation into each Party’s
                                                     
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 intellectualproperty 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.WT/REG134/1
Page 6
territory of copies of works and phonograms, even where such copies were made with the
authorization of the author, performer or producer of the phonogram or a successor in interest.
12. Each Party shall provide to performers and producers of phonograms the exclusive right to
authorize or prohibit the broadcasting and communication to the public of their performances orphonograms, regardless of whether the broadcast or communication is effected by wired or wireless
means, except that a Party may provide exemptions  for analog transmissions and free over-the-air
broadcasts, and may introduce statutory licenses for non-interactive services that, by virtue of their
programming practices, including both the content of their transmissions and their use of
technological measures to prevent unauthorized uses, are unlikely to conflict with a normal
exploitation of phonograms or performances.
13. In applying the prohibition under Article 11 of the WCT and Article 18 of the WPPT on
circumvention of effective technological measures that are used by authors, performers and producers
of phonograms in connection with the exercise of their rights and that restrict unauthorized acts in
respect of their works, performances and phonograms, each Party shall prohibit civilly and criminally
the manufacture, importation or circulation of any technology, device, service or part thereof, that isdesigned, produced, performed or marketed for engaging in such prohibited conduct, or that has only
a limited commercially significant purpose or use other than enabling or facilitating such conduct.
9
14. Each Party shall provide that any natural person or legal entity acquiring or holding any
economic rights by contract or otherwise, including contracts of employment involving protectedsubject matter, may freely and separately transfer such rights by contract and shall be able to exercise
those rights in its own name and enjoy fully benefits of such rights.
15. Each Party shall issue appropriate laws, regulations, or other measures (“measures”)
providing that all government agencies use only com puter software authorized for intended use.  Such
measures shall actively regulate the acquisition and management of software for government use.
16. Each Party shall confine limitations or exceptions to exclusive rights to certain special cases
which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the
legitimate interests of the right holders.
Patents
17. Subject to paragraph 18, patents shall be available for any invention, whether product or
process, in all fields of technology, provided that it is new, involves an inventive step and is capable
of industrial application.
18. Each Party may exclude from patentability:
(a) inventions, the prevention within their territory of the commercial exploitation of
which is necessary to protect ordre public or morality, including to protect human,
animal or plant life or health or to avoid serious prejudice to the environmentprovided that such exclusion is not made merely because the exploitation is
prohibited by their law;
                                                     
9 This provision does not require either Party to mandate that any consumer electronics,
telecommunications or computing 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 anyinfringement of copyright or related rights.WT/REG134/1
Page 7
(b) diagnostic, therapeutic and surgical methods for the treatment of humans or animals.
19. If a Party permits the use by a third party of a subsisting patent to support an application for
marketing approval of a product, the Party shall provide that any product produced under this
authority shall not be made, used or sold in the terr itory of the Party other than for purposes related to
meeting requirements for marketing approval, and if export is permitted, the product shall only be
exported outside the territory of the Party for purposes of meeting requirements for marketing
approval in the Party or in another country that permits the use by a third party of a subsisting patent
to support an application for marketing approval of a product.
20. Neither Party shall permit the use of the subject matter of a patent without the authorization of
the right holder except in the following circumstances:
(a) to remedy a practice determined after judicial or administrative process to be anti-
competitive;
(b) in cases of public non-commercial use or in the case of a national emergency or other
circumstances of extreme urgency, provided that such use is limited to use by
government entities or legal entities acting under the authority of a government; or
(c) on the ground of failure to meet working requirements, provided that importation
shall constitute working.
Where the law of a Party allows for such use pursuant to sub-paragraphs (a), (b) or (c), the
Party shall respect the provisions of Article 31 of TRIPS and Article 5A(4) of the Paris Conventio n.
21. With regard to filing a patent application, when it is not possible to provide a sufficient
written description of the invention to enable others skilled in the art to carry out the invention, each
Party shall require a deposit with an “international depository authority,” as defined in the Budapest
Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent
Procedure (1980).
Measures Related to Certain Regulated Products
22. Pursuant to Article 39.3 of TRIP S, each Party, when requiring, as a condition of approving the
marketing of pharmaceutical or of agricultural chemical products that utilize new chemical entities,10
the submission of undisclosed test or other da ta, or evidence of approval in another country,11 the
origination of which involves a considerable effort, shall protect such information against unfair
commercial use. In addition, each Party shall protect such information against disclosure, exceptwhere necessary to protect the public, or unless steps are taken to ensure that the information is
protected against unfair commercial use.
23. With respect to pharmaceutical products that are subject to a patent:
                                                     
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.WT/REG134/1
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(a) each Party shall make available an extension of the patent term to compensate the
patent owner for unreasonable curtailment of the patent term as a result of the
marketing approval process.
(b) the patent owner shall be notified of the identity of any third party requesting
marketing approval effective during the term of the patent.
Enforcement of Intellectual Property Rights
24. Each Party shall provide that, at least in cases of knowing infringement of trademark,
copyright and related rights, its judicial authorities shall have the authority to order the infringer to
pay the right holder damages adequate to compensate for the injury the right holder has suffered as a
result of the infringement and any profits of the infr inger that are attributable to the infringement that
are not taken into account in computing such damage s. Injury to the right holder shall be based upon
the value of the infringed-upon item, according to the suggested retail price of the legitimate product,
or other equivalent measures established by the right holder for valuing authorized goods.
25. Each Party shall ensure that its statutory maximum fines are sufficiently high to deter future
acts of infringement with a policy of removing the monetary incentive to the infringer, and shall
provide its judicial and other competent authorities the authority to order the seizure of all suspected
pirated copyright and counterfeit trademark goods and related implements the predominant use of
which has been in the commission of the offense, and documentary evidence.
26. Each Party shall provide, at least in cases of copyright piracy or trademark counterfeiting, that
its authorities may initiate criminal actions and border measure actions ex offici o, without the need for
a formal complaint by a private party or right holder.
27. In civil cases involving copyright or related ri ghts, each Party shall provide that the natural
person or legal entity whose name is indicated as the author, producer, performer or publisher of the
work, performance or phonogram in the usual manner shall, in the absence of proof to the contrary, be
presumed to be the designated right holder in such work, performance or phonogram. It shall be
presumed, in the absence of proof to the contrary, that the copyright or related right subsists in such
subject matter. Such presumptions shall pertain in criminal cases until the defendant comes forward
with credible evidence putting in issue the ownership or subsistence of the copyright or related right.
28. Each Party shall provide that copyright piracy involving significant willful infringements that
have no direct or indirect motivation of financial gain shall be considered willful copyright piracy on
a commercial scale.
Transition Periods
29. Each Party shall implement fully the obligations of this Article within the following time
periods:
(a) With respect to all obligations in paragraphs 1(c), 1(d), and 10 through 16, two years
from the date of entry into force of this  Agreement. In addition, Jordan agrees to
accede to and ratify the WCT and WPPT within two years from the date of entry into
force of this Agreement.
(b) With respect to all obligations in paragraph 1(b), six months from the date of entry
into force of this Agreement. In addition, Jordan agrees to ratify the UPOV
Convention within one year from the date of entry into force of this Agreement.WT/REG134/1
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(c) With respect to all obligations in paragraph 22, except the obligation in footnote 10,
immediately from the date of entry into force of this Agreement.
(d) With respect to all obligations under this Article not referenced in subparagraphs (a),
(b) and (c), three years from the date of entry into force of this Agreement.
Article 5
Environment
1. The Parties recognize that it is inappropriate to encourage trade by relaxing domestic
environmental laws. Accordingly, each Party shall strive to ensure that it does not waive or otherwisederogate from, or offer to waive or otherwise derogate from, such laws as an encouragement for trade
with the other Party.
2. Recognizing the right of each Party to establ ish its own levels of domestic environmental
protection and environmental development policies and priorities, and to adopt or modify accordinglyits environmental laws, each Party shall strive to ensure that its laws provide for high levels of
environmental protection and shall strive to continue to improve those laws.
3. (a) A Party shall not fail to effectively enforce its environmental laws, through a
sustained or recurring course of action or inaction, in a manner affecting tradebetween the Parties, after the date of entry into force of this Agreement.
(b) The Parties recognize that each Party retains the right to exercise discretion with
respect to investigatory, prosecutorial, regulatory, and compliance matters and to
make decisions regarding the allocation of resources to enforcement with respect to
other environmental matters determined to have higher priorities. Accordingly, the
Parties understand that a Party is in compliance with subparagraph (a) where a course
of action or inaction reflects a reasonable exercise of such discretion, or results from a
bona fide decision regarding the allocation of resources.
4. For purposes of this Article, “environmental laws” mean any statutes or regulations of a
Party, or provision thereof, the primary purpose of which is the protection of the environment, or the
prevention of a danger to human, animal, or plant life or health, through:
(a) the prevention, abatement or control of the release, discharge, or emission of
pollutants or environmental contaminants;
(b) the control of environmentally hazardous or toxic chemicals, substances, materials
and wastes, and the dissemination of information related thereto; or
(c) the protection or conservation of wild flora or fauna, including endangered species,
their habitat, and specially protected natural areas in the Party's territory, but does notinclude any statutes or regulations, or provision thereof, directly related to worker
safety or health.
Article 6
Labor
1. The Parties reaffirm their obligations as members of the International Labor Organization
(“ILO”) and their commitments under the ILO Decl aration on Fundamental Principles and Rights atWT/REG134/1
Page 10
Work and its Follow-up. The Parties shall strive to ensure that such labor principles and the
internationally recognized labor rights set forth in paragraph 6 are recognized and protected by
domestic law.
2. The Parties recognize that it is inappropriate to encourage trade by relaxing domestic labor
laws. Accordingly, each Party shall strive to ensure that it does not waive or otherwise derogate from,or offer to waive or otherwise derogate from, such laws as an encouragement for trade with the other
Party.
3. Recognizing the right of each Party to esta blish its own domestic labor standards, and to
adopt or modify accordingly its labor laws and regulations, each Party shall strive to ensure that its
laws provide for labor standards consistent with the internationally recognized labor rights set forth in
paragraph 6 and shall strive to improve those standards in that light.
4. (a) A Party shall not fail to effectively enforce its labor laws, through a sustained or
recurring course of action or inaction, in a manner affecting trade between the Parties,
after the date of entry into force of this Agreement.
(b) The Parties recognize that each Party retains the right to exercise discretion with
respect to investigatory, prosecutorial, regulatory, and compliance matters and to
make decisions regarding the allocation of resources to enforcement with respect to
other labor matters determined to have higher priorities. Accordingly, the Parties
understand that a Party is in compliance with subparagraph (a) where a course ofaction or inaction reflects a reasonable exercise of such discretion, or results from a
bona fide decision regarding the allocation of resources.
5. The Parties recognize that cooperation between them provides enhanced opportunities to
improve labor standards. The Joint Committee established under Article 15 shall, during its regularsessions, consider any such opportunity identified by a Party.
6. For purposes of this Article, “labor laws” means statutes and regulations, or provisions
thereof, that are directly related to the foll owing internationally recognized labor rights:
(a) the right of association;
(b) the right to organize and bargain collectively;
(c) a prohibition on the use of any form of forced or compulsory labor;(d) a minimum age for the employment of children; and(e) acceptable conditions of work with respect to minimum wages, hours of work, and
occupational safety and health.
Article 7
Electronic Commerce
1. Recognizing the economic growth and opportunit y provided by electronic commerce and the
importance of avoiding barriers to its use and development, each Party shall seek to refrain from:
(a) deviating from its existing practice of not imposing customs duties on electronic
transmissions;WT/REG134/1
Page 11
(b) imposing unnecessary barriers on electronic transmissions, including digitized
products; and
(c) impeding the supply through electronic means of services subject to a commitment
under Article 3 of this Agreement, except as otherwise set forth in the Party’sServices Schedule in Annex 3.1.
2. The Parties shall also make publicly available all relevant laws, regulations, and requirements
affecting electronic commerce.
3. The Parties reaffirm the principles announced in the U.S.-Jordan Joint Statement on
Electronic Commerce.
Article 8
Visa Commitments
1. Subject to its laws relating to the entry, sojourn and employment of aliens, each Party shall
permit to enter and to remain in its territory nationals of the other Party solely to carry on substantial
trade, including trade in services or trade in technology, principally between the Parties.
2. Subject to its laws relating to the entry, sojourn and employment of aliens, each Party shall
permit to enter and to remain in its territory nationals of the other Party for the purpose of
establishing, developing, administering or advising on the operation of an investment to which they,
or a company of the other Party that employs them, have committed or are in the process of
committing a substantial amount of capital or other resources.12
Article 9
Government Procurement
Pursuant to Jordan’s July 12, 2000, application for accession to the WTO Agreement on
Government Procurement, the Parties shall enter into negotiations with regard to Jordan’s accession to
that Agreement.
Article 10
Safeguard Measures
1. If as a result of the reduction or elimination of a duty13 under this Agreement, an originating
good of the other Party is being imported into the territory of a Party in such increased quantities, in
                                                     
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 regulationsgoverning entry, sojourn and employment of aliens. Th ey 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 theincrease in imports shall not by itself preclude the determination referenced in this footnote. If the increase inimports is demonstrably unrelated to such reduction or elimination, the determination referenced in this footnote
shall not be made.WT/REG134/1
Page 12
absolute terms or relative to domestic production, and under such conditions that the imports of such
good from the other Party constitute a substantial cause of serious injury, or threat thereof, to a
domestic industry producing a like or directly competitive product, such Party may:
(a) suspend the further reduction of any rate of duty provided for under this Agreement
for the good; or
(b) increase the rate of duty on the good to a level not to exceed the lesser of
(i) the most-favored-nation (MFN) applied rate of duty in effect at the time the
measure is taken; and
(ii) the MFN applied rate of duty in effect on the day immediately preceding the
date of entry into force of this Agreement; or
(c) in the case of a duty applied to a good on a seasonal basis, increase the rate of duty to
a level not to exceed the lesser of the MFN applied rate of duty that was in effect on
the good for the immediately preceding corresponding season or the date of entry into
force of this Agreement.
2. The following conditions and limitations shall apply to a measure described in paragraph 1:
(a) a Party shall take the measure only following an investigation by the competent
authorities of such Party in accordance with Articles 3 and 4.2(c) of the WTOAgreement on Safeguards; and to this end, Articles 3 and 4.2(c) of the WTO
Agreement on Safeguards are incorporated into and made a part of this Agreement,
mutatis mutandi s;
(b) in the investigation described in subparagraph (a), a Party shall comply with the
requirements of Article 4.2(a) of the WTO Agreement on Safeguards; and to this end,
Article 4.2(a) is incorporated into and made a part of this Agreement, mutatis
mutandi s;
(c) a Party shall notify the other Party upon initiation of an investigation described in
subparagraph (a) and shall consult with the other Party prior to taking the measure;
and, if a Party takes a provisional measure pursuant to paragraph 3, the Party shallalso notify the other Party prior to taking such measure, and shall initiate
consultations with the other Party immediately after such measure is taken;
(d) no measure shall be maintained:
(i) except to the extent and for such time as may be necessary to prevent or
remedy serious injury and to facilitate adjustment;
(ii) for a period exceeding four years; or
(iii) beyond the expiration of the transition period, except with the consent of the
Party against whose originating good the measure is taken;
(e) no measure may be applied against the same originating good on which a measure
has previously been taken;WT/REG134/1
Page 13
(f) where the expected duration of the measure is over one year, the importing Party shall
progressively liberalize it at regular intervals during the period of application; and
(g) on termination of the measure, the rate of duty shall be the rate that, according to the
Party’s schedule in Annex 2.1 to this Agreement, would have been in effect one yearafter initiation of the measure. Beginning on January 1 of the year following the
termination of the action, the Party that has applied the measure shall:
(i) apply the rate of duty set out in its schedule in Annex 2.1 to this Agreement
as if the measure had never been applied; or
(ii) eliminate the tariff in equal annual stages ending on the date corresponding to
the staging category set out in its schedule in Annex 2.1 or its schedule toAnnex 2.1.
3. In critical circumstances where delay would cause damage which it would be difficult to
repair, a Party may take a measure described in paragraph 1(a), 1(b), or 1(c) on a provisional basis
pursuant to a preliminary determination that there is clear evidence that imports from the other Party
have increased as a result of the preferential treatment under this Agreement, and such imports
constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The
duration of such provisional measure shall not exc eed 200 days, during which time the requirements
of subparagraphs 2(a) and 2(b) shall be met. Any tariff increases shall be promptly refunded if the
investigation described in subparagraph 2(a) does not result in a finding that the requirements of
paragraph 1 are met. The duration of any provisional measure shall be counted as part of the perioddescribed in subparagraph 2(d).
4. The Party applying a measure described in paragraph 1 shall provide to the other Party
mutually agreed trade liberalizing compensation in  the form of concessions having substantially
equivalent trade effects or equivalent to the value of the additional duties expected to result from themeasure. If the Parties are unable to agree on compensation, the Party against whose originating good
the measure is applied may take tariff action having trade effects substantially equivalent to the
measure applied under this Article. The Party taking the tariff action shall apply the action only for
the minimum period necessary to achieve the substantially equivalent effects. However, the right to
take tariff action shall not be exercised for the first 24 months that the measure is in effect, provided
that the measure has been applied as a result of an absolute increase in imports and that such a
measure conforms to the provisions of this Article.
5. The Parties recognize that, because it has recently begun to produce a like or directly
competitive product described in paragraph 1, an infant industry may face challenges that more
mature industries do not encounter. Each Party shall ensure that the procedures described in
paragraph 2 do not create obstacles to infant industries that seek the imposition of such measures.
6. At its regularly scheduled session for the year commencing 14 years after the date of entry
into force of this Agreement, the Joint Committ ee shall conduct a review of the operation of this
Article. Based on the results of this review and on the agreement of the Joint Committee, the
transition period may be extended.
7. For purposes of this Article:- domestic industry means the producers as a whole of the like or directly competitive product
operating in the territory of a Party, or those whose collective output of the like or directlycompetitive products constitutes a major proportion of the total domestic production of those
products;WT/REG134/1
Page 14
- serious injury means a significant overall impairment of a domestic industry;
- substantial cause means a cause which is important and not less than any other cause;
- threat of serious injury means serious injury that, on the basis of facts and not merely on
allegation, conjecture or remote possibility, is clearly imminent; and
- transition period means the 15-year period beginning on January 1 of the year following
entry into force of this Agreement, except if such period is extended in accordance with
paragraph 6 of this Article.
8. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the WTO
Agreement on Safeguards. This Agreement does not confer any additional rights or obligations on the
Parties with regard to actions taken pursuant to Article XIX and the Agreement on Safeguards, except
that a Party taking a safeguard measure under Article XIX and the Agreement on Safeguards may
exclude imports of an originating good from the other Party if such imports are not a substantial causeof serious injury or threat thereof.
Article 11
Balance of Payments
Should either Party decide to impose measures for balance of payments purposes, it shall do
so in accordance with the Party’s obligations under the WTO Agreement. In adopting such measures,
the Party shall strive not to impair the relative benefits accorded to the other Party under this
Agreement.
Article 12
Exceptions
1. For purposes of Article 2 of this Agreement, Article XX of GATT 1994 and its interpretative
notes are incorporated into and made a part of this Agreement. The Parties understand that themeasures referred to in GATT 1994 Article XX(b) include environmental measures necessary to
protect human, animal or plant life or health, a nd that GATT 1994 Article XX(g) applies to measures
relating to conservation of living and non-living exhaustible natural resources.
2. Nothing in this Agreement shall be construed:
(a) to require any Party to furnish or allow access to any information the disclosure of
which it determines to be contrary to its essential security interests;
(b) to prevent any Party from taking any actions that it considers necessary for the
protection of its essential security interests:
(i) relating to the traffic in arms, ammunition and implements of war and to such
traffic and transactions in other goods, materials, services and technology
undertaken directly or indirectly for the purpose of supplying a military orother security establishment,
(ii) taken in time of war or other emergency in international relations, orWT/REG134/1
Page 15
(iii) relating to the implementation of national policies or international agreements
respecting the non-proliferation of nuclear weapons or other nuclear
explosive devices; or
(c) to prevent any Party from taking action in pursuance of its obligations under the
United Nations Charter for the maintenance of international peace and security.
3. Except as set out in this paragraph, nothing in this Agreement shall apply to taxation
measures.
(a) Nothing in this Agreement shall affect the rights and obligations of either Party under
any tax convention. In the event of any inconsistency between this Agreement and
any such convention, that convention shall prevail to the extent of the inconsistency.
(b) Notwithstanding subparagraph (a), Article 2.3 and such other provisions of this
Agreement as are necessary to give effect to Article 2.3 shall apply to taxation
measures to the same extent as does Article III of the GATT 1994.
(c) Notwithstanding subparagraph (a), the national treatment commitment under
Article 3.2 shall apply to taxation measures to the same extent as under the GATS,
and the national treatment commitment under Article 3.2(b) shall apply to taxation
measures to the same extent as if the Party had made an identical national treatment
commitment under Article XVII of the GATS.
Article 13
Economic Cooperation and Technical Assistance
To realize the objectives of this Agreement and to contribute to the implementation of its
provisions:
(a) the Parties declare their readiness to foster economic cooperation; and(b) in view of Jordan’s developing status, and the size of its economy and resources, the
United States shall strive to furnish Jordan with economic technical assistance, asappropriate.
Article 14
Rules of Origin and Cooperation in Customs Administration
1. The Parties recognize that the rules regarding eligibility for the preferential tariff treatment
afforded by this Agreement, as set out in Article 2 and Annex 2.2, are crucial to the functioning of this
Agreement, and each Party shall strive to administer such rules effectively, uniformly, and
consistently with the object and purpose of this Agreement and the WTO Agreement.
2. The Parties shall consult as appropriate, through the Joint Committee or through the
consultative mechanism established in Article 16:
(a) to agree upon the means to cooperate and provide administrative assistance to achieve
the commitments in paragraph 1; andWT/REG134/1
Page 16
(b) to address situations pertaining to claims of preferential treatment under this
Agreement for imported goods that do not satisfy the requirements in Annex 2.2.
3. The Parties, within 180 days after the entry into force of this Agreement, shall enter into
discussions with a view to developing interpretative and explanatory materials on the implementationof Annex 2.2.
Article 15
Joint Committee
1. A Joint Committee is hereby established to supervise the proper implementation of this
Agreement and to review the trade relationship between the Parties.
2. The functions of the Joint Committee shall include, inter ali a:
(a) reviewing the general functioning of this Agreement;(b) reviewing the results of this Agreement in light of the experience gained during its
functioning and its objectives, and considering ways of improving trade relations
between the Parties, and furthering the objectives of the Agreement, including
through further cooperation and assistance;
(c) facilitating the avoidance and settlement of disputes, including through consultations
pursuant to Articles 17.1 (b) and 17.2 (a);
(d) considering and adopting any amendment to this Agreement or modification to the
commitments therein, provided that the adoption of such amendment or modification
shall be subject to the domestic legal requirements of each Party;
(e) developing guidelines, explanatory materials, and rules on the proper implementation
of this Agreement, as necessary, and particularly: (i) guidelines and explanatory
materials on the implementation of Annex 2.2, and (ii) rules for the selection and
conduct of members of panels formed under Article 17, and model rules of procedurefor such panels;
(f) At its first meeting, discussing the review performed by each Party of the
environmental effects of this Agreement.
3. Structure of the Joint Committee
(a) The Joint Committee shall be composed of representatives of the Parties and shall be
headed by (i) the United States Trade Representative and (ii) Jordan’s Minister
primarily responsible for international trade, or their designees.
(b) The Joint Committee may establish and delegate responsibilities to ad hoc and
standing committees or working groups, and seek the advice of non-governmental
persons or groups.
4. The Joint Committee shall convene at least once a year in regular session in order to review
the general functioning of the Agreement. Regular sessions of the Joint Committee shall be held
alternately in each country. Special meetings of the Joint Committee shall also be convened within 30
days at the request of either Party and shall be held in the territory of the other Party, except as theWT/REG134/1
Page 17
Parties may otherwise agre e. The Joint Committee shall establish its own rules of procedure. All
decisions of the Joint Committee shall be taken by consensus.
5. Recognizing the importance of transparency and openness, the Parties reaffirm their
respective practices of considering the views of interested members of the public in order to drawupon a broad range of perspectives in the implementation of this Agreement.
6. Each Party shall designate an office to serv e as the contact point with regard to this
Agreement. That office shall receive official correspondence related to this Agreement and provide
administrative assistance to the Joint Committee and to dispute settlement panels established under
Article 17.
Article 16
Consultations
1. The Parties shall at all times endeavor to agree on the interpretation and application of this
Agreement, and shall make every attempt to arrive at a mutually satisfactory resolution of any matter
that might affect its operation.
2. Either Party may request consultations with the other Party with respect to any matter
affecting the operation or interpretation of this Agreement. If a Party requests consultations withregard to a matter, the other Party shall afford adequate opportunity for consultations and shall reply
promptly to the request for consultations and enter into consultations in good faith.
Article 17
Dispute Settlement
1. (a) The Parties shall make every attempt to arrive at a mutually agreeable resolution
through consultations under Article 17, whenever
(i) a dispute arises concerning the interpretation of this Agreement;
(ii) a Party considers that the other Party has failed to carry out its obligations
under this Agreement; or
(iii) a Party considers that measures taken by the other Party severely distort the
balance of trade benefits accorded by this Agreement, or substantially
undermine fundamental objectives of this Agreement.
(b) A Party seeking consultations pursuant to subparagraph (a) shall submit a request for
consultations to the contact point provided for under Article 15.6. If the Parties fail to
resolve a matter described in subparagraph (a) through consultations within 60 days
of the submission of such reques t, either Party may refer the matter to the Joint
Committee, which shall be convened and shall endeavor to resolve the dispute.
(c) If a matter referred to the Joint Committe e has not been resolved within a period of
90 days after the dispute was referred to it, or within such other period as the Joint
Committee has agreed, either Party may refer the matter to a dispute settlement panel.
Unless otherwise agreed by the Parties, the panel shall be composed of three
members: each Party shall appoint one member, and the two appointees shall choosea third who will serve as the chairman.WT/REG134/1
Page 18
(d) The panel shall, within 90 days after the third member is appointed, present to the
Parties a report containing findings of fact and its determination as to whether either
Party has failed to carry out its obligations under the Agreement or whether a.
measure taken by either Party severely distorts the balance of trade benefits accordedby this Agreement or substantially undermines the fundamental objectives of this
Agreement. Where the panel finds that a Party has failed to carry out its obligations
under this Agreement, it may, at the request of the Parties, make recommendations
for resolution of the dispute. The report of the panel shall be non-binding.
(e) (i) If the dispute settlement panel under this Agreement or any other applicable
international dispute settlement mechanism under an agreement to which bothParties are Party has been invoked by either Party with respect to any matter,
the mechanism invoked shall have exclusive jurisdiction over that matter.
(ii) If a mechanism described in subparagraph (e)(i) fails for procedural or
jurisdictional reasons to make findings of law or fact, as necessary, on a claimincluded in a matter with respect to which a Party has invoked such
mechanism, subparagraph (e)(i) shall not be construed to prevent the Party
from invoking another mechanism with respect to such claim.
2. (a) After a dispute has been referred to a dispute settlement panel under this Agreement
and the panel has presented its report, the Joint Committee shall endeavor to resolve
the dispute, taking the report into account, as appropriate.
(b) If the Joint Committee does not resolve the dispute within a period of 30 days after
the presentation of the panel report, the affected Party shall be entitled to take anyappropriate and commensurate measure.
3. The Parties, within 180 days after the entry into force of this Agreement, shall enter into
discussions with a view to developing rules for the selection and conduct of members of panels and
Model Rules of Procedure for panels. The Joint Committee shall adopt such rules. Unless the Parties
otherwise agree, a panel established under this Article shall conduct its proceedings in accordance
with the Model Rules of Procedure.
4. (a) A Party may invoke a panel under paragraph 1(c) of this Article for claims arising
under Article 3 only to the extent that a claim arises with regard to a commitment that
is inscribed in the Party’s Services Schedule to Annex 3.1 to this Agreement, but is
not inscribed in the Party’s schedule of specific commitments annexed to the GATS.Such commitment may include a market a ccess or national treatment commitment in
a sector, a horizontal commitment applicable to a sector, or additional commitment.
(b) Except as otherwise agreed by the Parties, a Party may invoke a panel under
paragraph 1(c) of this Article for claims arising under Article 4 only to the extent thatthe same claim would not be subject to resolution through the WTO Understanding
on Rules and Procedures Governing the Settlement of Disputes.
(c) If a dispute involves both a claim described in subparagraph (a) or (b) and another
claim, subparagraph 1(e) shall not prevent a Party from invoking anotherinternational dispute settlement mechanism w ith regard to such other claim. Nothing
in this subparagraph shall allow a Party to invoke the dispute settlement mechanism
of both this Article and another international dispute settlement mechanism with
regard to the same claim.WT/REG134/1
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Article 18
Miscellaneous Provisions
1. Neither Party may provide for a right of action under its domestic law against the other Party
on the ground that a measure of the other Party is inconsistent with this Agreement.
2. For purposes of Articles 5 and 6, “statutes and regulations” means,
(a) with respect to Jordan, an act of the Jordanian Parliament, or by-law or regulation
promulgated pursuant to an act of the Jordanian Parliament that is enforceable byaction of the Government of Jordan; and
(b) with respect to the United States, an act of the United States Congress or regulation
promulgated pursuant to an act of the U.S. Congress that is enforceable, in the first
instance, by action of the federal government.
3. The Annexes and Schedules to this Agreement are an integral part thereof.4. All references in this Agreement to GATT 1994 are to the GATT 1994 in effect on the date of
entry into force of this Agreement.
Article 19
Entry Into Force And Termination
1. The entry into force of this Agreement is subject to the completion of necessary domestic
legal procedures by each Party.
2. This Agreement shall enter into force two months after the date on which the Parties
exchange written notification that such procedures have been completed, or after such other period as
the Parties may agree.
3. Either Party may terminate this Agreement by written notification to the other Party.  This
Agreement shall expire six months after the date of such notification.
IN WITNESS WHEREOF, the undersigned, bein g duly authorized by their respective
Governments, have signed this Agreement.
Done at Washington, in duplicate, in the Englis h language, this twenty-fourth day of October,
2000, which corresponds to this twenty-sixty day of Rajab, 1421. An Arabic language text shall be
prepared, which shall be considered equally authentic upon an exchange of diplomatic notesconfirming its conformity with the English language text. In the event of a discrepancy, the English
language text shall prevail.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: HASHEMITE KINGDOM OF JORDAN:
__________