3. The Committee shall meet every two (2) years or as otherwise agreed by the Parties, in person or by any available technological means, to consider any matter arising under this Chapter.
4. The Committee may exchange information and coordinate activities by e-mail, videoconference or other means of communication.
5. In carrying out its functions, the Committee may work with other committees, working groups and subsidiary bodies established under this Agreement. In the context of this work, the Committee shall encourage the efforts of these committees, working groups or subsidiary bodies to integrate gender-related commitments, considerations and activities into their work. However, this Chapter shall not be used to impose obligations or commitments with respect to other Chapters of this Agreement.
6. The Committee may request that the Commission refer work under this Article to any other committee, working group and other subsidiary bodies established under this Agreement.
7. The Committee may invite relevant experts or organizations to its meetings to provide information.
8. Within two (2) years of its first meeting, the Committee shall review the implementation of this Chapter and report to the Commission.
Article 18.6. Public Participation
1. In carrying out its activities, including meetings, the Committee shall provide a means of receiving and considering the views of persons or organizations with a legitimate interest in matters related to this Chapter.
2. Each Party shall establish or maintain, and consult with, a national advisory or consultative body, which also addresses the issues in this Chapter, or a similar ad-hoc mechanism, for members of its public, including representatives of its gender and business organizations, to provide views on matters related to this Chapter.
3. Each Party shall develop mechanisms for public reporting of activities under this Chapter.
Article 18.7. Institutional Arrangements
1. In order to facilitate communication between the Parties for the purposes of this Chapter, each Party shall designate a contact point within six (6) months of the date of entry into force of this Agreement:
(a) in the case of Chile will be within its Ministry of Women and Gender Equity and/or Undersecretariat of International Economic Relations or their successors, and
(b) in the case of Ecuador, will be within the Ministry of Foreign Affairs and Human Mobility and/or the Vice-Ministry of Foreign Trade of the Ministry of Production, Foreign Trade, Investment and Fisheries, or their successors.
2. Each Party shall notify the other Party of the designation of the contact point and, as soon as possible, of any changes thereto.
3. The points of contact shall:
(a) facilitate regular communication and coordination between the Parties;
(b) attend the Committee;
(c) report to the Committee, as appropriate;
(d) act as a channel of communication with the public in their respective territories, and
(f) work together, including with other appropriate agencies of their governments, to develop and implement activities and areas of cooperation.
4. Contact points may develop and implement specific co-operative activities.
5. The points of contact may communicate and coordinate activities in person or by electronic or other means of communication.
Article 18.8. Trade and Gender Consultations
1. The Parties shall make every effort, through cooperation and consultation based on the principle of mutual respect, to resolve any matter arising under this Chapter.
2. A Party may, at any time, through its designated contact point, request trade and gender consultations from the other Party with respect to any matter arising under this Chapter by delivering a written request to the requested Party's contact point. The requesting Party shall include specific and sufficient information to enable the requested Party to respond, including identification of the matter at issue and an indication of the legal basis for the request under this Chapter.
3. The requested Party shall, through its designated point of contact, acknowledge in writing receipt of the other Party's request no later than seven (7) days after the date of its receipt.
4. The Parties shall commence trade and gender consultations no later than ninety days after the date of entry into force of this Agreement. (90) days after the date of receipt of the request by the requested Party.
5. Trade and gender consultations may be conducted in person or by any available technological means. If the trade and gender consultations are conducted face-to-face, they shall be held in the capital of the requested Party, unless the Parties agree otherwise.
6. The Parties shall make every effort to reach a mutually satisfactory resolution of the matter through trade and gender consultations under this Article, taking into account opportunities for cooperation related to the matter. The Parties may seek the advice of an independent expert or experts chosen by the Parties to assist them. The Parties may have recourse to procedures such as good offices or conciliation.
7. In trade and gender consultations under this Article, a Party may request the other Party to make available personnel from its governmental agencies or other regulatory bodies with expertise in the subject matter of the trade and gender consultations.
8. If the Parties are unable to resolve the matter in the above manner, either Party may request that the Committee meet to consider the matter by delivering a written request to the other Party through its designated point of contact. The Party making such a request shall inform the other Party through its designated contact point. The Committee shall meet no later than sixty (60) days from the date of receipt of the request, unless the Parties agree otherwise, and shall seek to resolve the matter, including, if appropriate, through consultation with independent experts or by resorting to procedures such as good offices or conciliation.
9. If the Parties are able to resolve the matter, they shall document any outcome, including, if appropriate, the specific steps and timelines agreed. The Parties shall prepare a consensus report summarizing the results of the consultations held and make it publicly available, unless they agree otherwise.
10. If the Parties, after the instances referred to in the preceding paragraphs, have failed to resolve the matter within one hundred and fifty (150) days after the date of receipt of the request pursuant to paragraph 2, the requesting Party may refer the matter to the relevant Ministers of the Parties, who shall seek to resolve the matter.
11. Trade and gender consultations shall be confidential and without prejudice to the rights of any Party in any other proceeding.
Article 18.9. Non-Application of Dispute Settlement
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 19. ECONOMIC AND TRADE COOPERATION
Article 19.1. Objectives
1. The Parties agree to establish a framework for economic and trade cooperation activities in order to maximise the benefits of this Agreement through the exchange of knowledge, experience, best practices and relevant information, inter alia, available to the Parties. Neither Party shall be required to disclose information that is confidential under its laws.
2. The Parties, recognizing the historical accumulation of bilateral technical cooperation, establish that this Chapter does not replace the existing mechanisms of technical cooperation between them, but rather strengthens the global vision of the bilateral relationship.
3. The Parties recognise the important role of the business sector, academia and civil society in general, in order to promote and foster economic growth and development of both Parties.
4. The Parties establish close cooperation aimed, inter alia, at:
(a) to strengthen and expand existing bilateral economic and trade cooperation relations, and
(b) deepen and increase the level of cooperative activities between the Parties in the areas covered in this Agreement, as well as in areas of mutual interest that contribute to the objectives of this Agreement.
5. The Parties agree to make their best efforts to support the development of specific cooperation projects focused on trade facilitation, productive development of different sectors and institutional capacity building, in order to strengthen the trade capacity of both Parties and maximize the benefits of trade exchange, motivated by this Agreement.
Article 19.2. Scope of Application
1. The Parties reaffirm the importance of all forms of cooperation mentioned in the scope of this Agreement.
2. Cooperation between the Parties shall contribute to the fulfillment of the objectives of this Agreement, through the identification and development of cooperation programs and projects aimed at adding value to economic and trade relations.
3. Cooperative activities shall be agreed between the Parties.
4. The cooperation between the Parties provided for in this Chapter shall complement cooperative activities contained in other Chapters of this Agreement.
Article 19.3. Areas of Cooperation
1. The areas of cooperation shall consider all those matters covered in this Agreement.
2. The Parties may undertake initiatives and strengthen areas of cooperation to assist in:
(a) the implementation and dissemination of the provisions of this Agreement;
(b) the enhancement of each Party's capabilities to take advantage of the economic opportunities created by this Agreement;
(c) the promotion and facilitation of trade and investment between the Parties; and
(d) other areas of economic and trade cooperation to be agreed by the Parties.
Article 19.4. Cooperative Activities
To achieve the objectives set out in Article 19.1, the Parties shall encourage and facilitate, as appropriate, the following economic and trade cooperation activities:
(a) the organization of dialogues, conferences, workshops, seminars and training programmes relating to the matters contained in this Agreement;
(b) facilitating the exchange of experts, information, documentation, success stories and experiences in the field of this Agreement;
(c) internships, visits and research studies to document and study policies and practices;
(d) the promotion of economic and trade cooperation in regional and multilateral fora, and
(e) the exchange of information, knowledge, experiences, good practices and other activities agreed by the Parties, in economic-trade matters.
Article 19.5. Cooperation In the Field of Micro, Small and Medium-Sized Enterprises
The Parties, within the framework of cooperation in the field of Micro, Small and Medium Enterprises, and Actors of the Popular and Solidarity Economy (hereinafter referred to as "MSMEs"), agree to contemplate the following activities:
(a) exchange of specialists between the Parties to provide collaboration, training, capacity building and project development;
(b) economic and trade cooperation for the design and implementation of existing and future MSME policies and practices;
(c) Strengthening the entrepreneurial culture and national entrepreneurship and innovation ecosystems, which guarantee the emergence and consolidation of a productive network of MSMEs with high growth potential in the Parties;
(d) promotion of events that allow MSMEs to promote themselves in order to access the market of the Parties, and
(e) other forms of cooperation concerning MSMEs agreed by the Parties.
Article 19.6. Implementation and Monitoring
1. The Parties designate the following Focal Points responsible for the implementation and follow-up of the issues related to this Chapter:
(a) in the case of Chile, the Directorate General for Bilateral Affairs of the Undersecretariat for International Economic Relations, or its successor, and
(b) in the case of Ecuador, the Directorate of International Cooperation of the Ministry of Production, Foreign Trade, Investment and Fisheries, or its successor.
2. Each Party shall promptly notify the other Party of any changes to its Focal Point, as well as details of the relevant officials.
3. The responsibilities of the Focal Points will include:
(a) monitor the implementation of this Chapter and make recommendations on its future development and, to this end, shall, within three (3) years after the date of entry into force of this Agreement, review its operation and effectiveness in the light of experience gained;
(b) establish priorities for economic-trade cooperation activities defined between the Parties, which may be part of a plan of work;
(c) facilitate the discussions, requests, exchange of information and implementation of the cooperative activities set out in the different chapters of this Agreement;
(d) consult and, as appropriate, coordinate with the competent governmental authorities of the Parties on matters related to this Chapter, and
(e) others as may be agreed by the Parties. 4. The Focal Points may meet periodically and in parallel with the meetings of the Commission, in person or by any technological means, and shall prepare annual reports of their activities, unless otherwise agreed by the Parties.
Article 19.7. Appeals
The Parties shall make their best joint efforts to identify sources of funding for the successful achievement of the cooperative objectives set forth in this Agreement.
Article 19.8. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 20. TRANSPARENCY AND ANTI- CORRUPTION
Section A. Definitions
Article 20.1. Definitions
For the purposes of this Chapter:
acting or refraining from acting in connection with the performance of official duties includes any use of the public official's office, whether or not it is within the official's authorized competence;
official of a public international organization means an international civil servant or any person authorized by a public international organization to act on its behalf;
public official means:
(a) any person holding a legislative, executive, administrative or judicial office in a Party, whether appointed or elected, permanent or temporary, paid or unpaid, irrespective of seniority;
(b) any other person who performs a public function in a Party, including in a public agency or public enterprise, or provides a public service as defined under the laws of the Parties and as applied in the relevant area of the laws of that Party, or
(c) any other person defined as a public official under the laws of a Party.
foreign public official means any person holding a legislative, executive, administrative or judicial office of a foreign country, at any level of government, whether by appointment or election, whether permanent or temporary, whether paid or unpaid, irrespective of seniority; and any person exercising a public function for a foreign country, at any level of government, including for a public agency or enterprise; and
administrative ruling of general application means an administrative decision or interpretation that applies to all persons and matters generally within its scope and that establishes a standard of conduct, but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to particular persons, goods or services of the other Party, in a specific case, or
(b) aresolution deciding with respect to a particular act or practice.
Section B. Transparency
Article 20.2. Points of Contact
1. Each Party establishes a contact point in Annex 12.1 to facilitate communications between the Parties on any matter covered by this Agreement.
2. At the request of the other Party, the contact point shall indicate the unit or official responsible for the matter and provide such support as may be required to facilitate communication with the requesting Party.
Article 20.3. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application that relate to any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent possible, each Party:
(a) publish in advance any measures referred to in paragraph 1 which it intends to take, and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on the proposed measures.
3. With respect to a draft regulation of general application of a Party with respect to any matter covered by this Agreement that may affect trade between the Parties and that is published pursuant to paragraph 2(a), each Party shall, to the extent practicable, endeavor to:
(a) publish the draft regulation on an official website, sufficiently in advance for an interested person to evaluate the draft regulation, formulate and submit comments;
(b) include in the publication pursuant to subparagraph (a) an explanation of the purpose of, and the motivation for, the draft regulation, and
(c) consider comments received during the comment period, and is encouraged to explain any significant modifications made to the draft regulation, preferably on a website or in an official online journal.
4. Each Party shall promptly publish the regulations of general application referred to in paragraph 1 on an official website or in an official journal of national circulation once adopted by its government.
Article 20.4. Notification and Provision of Information
1. Each Party shall notify the other Party, to the fullest extent practicable, of any existing or proposed measures that the Party believes would substantially affect the operation of this Agreement, or otherwise substantially affect the interests of the other Party under this Agreement.
2. A Party shall, on request of the other Party, provide information and promptly respond to its questions concerning any measure in force or proposed, whether or not the other Party has previously been notified of that measure.
3. Any notification or provision of information referred to in this Article shall be made without prejudice to whether or not the measure is compatible with this Agreement.
Article 20.5. Administrative Procedures
In order to administer in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that, in its administrative procedures where measures referred to in Article 20.3 are applied with respect to particular persons, goods or services of the other Party in specific cases:
(a) whenever possible, persons of the other Party who are directly affected by a proceeding shall, in accordance with domestic provisions, be given reasonable notice of the institution of the proceeding, including a description of the nature of the proceeding, a statement of the legal basis under which the proceeding is being conducted and a general description of all issues in dispute;
(b) when time, the nature of the proceeding, and the public interest permit, such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action; and
(c) its procedures are in accordance with that Party's domestic law.
Article 20.6. Review and Challenge
1. Each Party shall establish or maintain courts or tribunals or procedures of a judicial or administrative nature for the purpose of the prompt review and, where warranted, correction of final administrative actions relating to matters covered by this Agreement. Such tribunals or proceedings shall be impartial and not connected with the administrative law enforcement agency or authority, and shall have no substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such courts or in such proceedings, the Parties have the right to:
(a) a reasonable opportunity to support or defend their respective positions, and
(b) a decision or ruling based on the evidence and submissions or, in cases where required by its domestic law, on the record compiled by the administrative or judicial authority.
3. Each Party shall ensure, subject to challenge or further review as provided in its domestic law, that such rulings or decisions are enforced by, and govern the practice of, the agency or authority with respect to the administrative action that is the subject of the decision.
Section C. Anti-corruption
Article 20.7. Scope of Application
1. The Parties affirm their determination to eliminate bribery and corruption in international trade and recognize the need to develop integrity within the public and private sectors and that each sector has complementary responsibilities in this regard.
2. The scope of this Section is limited to measures to eliminate bribery and corruption with respect to any matter covered by this Agreement.
3. The Parties recognize that the criminalization of the conduct referred to in this Section, and that the legal defenses or legal principles applicable to such conduct, are reserved to the legal system of each Party. The Parties further recognize that such conduct shall be prosecuted and punished as criminal offenses in accordance with the laws of each Party.
Article 20.8. Measures to Combat Corruption
1. Each Party shall adopt or maintain such legislative and other measures as may be necessary to establish as criminal offenses in its legal system, in matters affecting international trade, when the following conduct is committed intentionally by any person subject to its jurisdiction:
(a) the promise, offering or giving to a public official, directly or indirectly, of an undue advantage to the official or another person or entity, in order that the official act or refrain from acting in relation to the performance or exercise of his or her official duties;
(b) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance or exercise of his or her official duties;
(c) the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage to the official or other person or entity, in order that the official act or refrain from acting in relation to the performance or exercise of his or her official duties, in order to obtain or retain business or other improper advantage in connection with the conduct of international business, and
(d) aiding, abetting or procuring the commission of any of the conduct described in subparagraphs (a) (b) and (c).
2. Each Party shall criminalize the conduct described in paragraph 1 with penalties that take into account the gravity of such conduct.
3. No Party shall allow a person subject to its jurisdiction to deduct from taxation expenses incurred in connection with engaging in any of the conduct described in paragraph 1.
4. In order to prevent corruption, each Party shall adopt or maintain such measures as may be necessary, in accordance with its legal system, with respect to the maintenance of books and records of account, disclosure of financial statements, and accounting and auditing standards, to prohibit the following acts carried out for the purpose of engaging in any of the conduct described in paragraph 1:
(a) the establishment of off-balance sheet accounts;
(b) the carrying out of transactions not recorded in the accounting books or incorrectly recorded;
(c) the registration of non-existent expenses;
(d) the entry of expenses in the accounting books with incorrect identification of their object;
(e) the use of false documents, and
(f) the deliberate destruction of accounting documents before the time limit provided for by law.