The Australia–United States Free Trade Agreement was signed in Washington on 18 May 2004 by U.S. Trade Representative Robert B. Zoellick and Australian Trade Minister Mark Vaile, in duplicate, in English. It is not the U.S. implementing act signed by President George W. Bush on 3 August, nor the Australian implementing acts of June–August. The preamble resolves to reinforce longstanding ties, further liberalise bilateral trade and investment, establish clear rules, create employment and implement the Agreement consistently with high labour standards, sustainable development and environmental protection, building on the WTO Agreement.

Article 1.1: the Parties, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish a free trade area, and affirm their existing rights and obligations, including under the WTO Agreement. The Agreement shall not be construed to derogate from any international legal obligation entitling more favourable treatment. Chapter 2 provides national treatment and market access for goods, with a Committee on Trade in Goods. The Annexes form an integral part. No tariff schedules, quotas or origin handbook are transcribed.

The text has 23 chapters: agriculture, textiles, rules of origin, customs administration, sanitary measures, technical barriers, safeguards, investment, cross-border trade in services, financial services, telecommunications, electronic commerce, intellectual property, labour, environment, transparency, dispute settlement and final provisions. The chapters on agriculture, medicines and intellectual property were politically contested in Australia; they remain at the level of framework, without a pricing or term-of-protection protocol.

Article 23.1 allows accession by other countries, on terms agreed by the Parties and after domestic procedures. Article 23.3: written amendments after internal requirements. Article 23.4: the Agreement enters into force 60 days after the Parties exchange written notifications that they have completed their necessary internal requirements, or on such other date as they may agree; termination takes effect six months after notification. In practice it was brought into force on 1 January 2005. Each Party retains its copy.

Cover: the Winder Building in Washington, headquarters of the United States Trade Representative, the U.S. institutional place of signature; we do not claim the hall. Wikimedia Commons, free licence.

Sources consulted: Australia–United States Free Trade Agreement; Australia-United States Free Trade Agreement (USTR, full text).