(n) enhancing the competitiveness of women-owned enterprises to allow them to participate and compete in local, regional, and global value chains; and
(o) any other areas as the Parties may decide.
4. The Parties shall develop a framework for analysing sex or gender-disaggregated data and gender-focused analysis of trade policies, including where appropriate through cooperation activities, joint research, and the sharing of data insights, concepts, and best practices. Areas of cooperation may include:
(a) conducting gender-based analysis and monitoring the gender-based effects of trade, including by both qualitative and quantitative methods;
(b) sharing methods and procedures for the collection of gender statistics and sex-disaggregated data, the use of indicators, monitoring and evaluation methodologies, and the analysis of gender-focused statistics related to trade;
(c) improving analysis and monitoring of access to trade for women-led or owned businesses and, in the case of New Zealand, wahine Maori, including in relation to specific barriers to trade;
(d) sharing data insights, lessons, and best practices for analysing gender segregation in the labour market, and on the working conditions of women in export-oriented industries and sectors impacted by trade; and
(e) encouraging the integration of gender-related monitoring, consideration, and activities across the implementation of this Agreement, including through cooperation with specialised committees or subsidiary bodies where appropriate.
5. The priorities for cooperation activities shall be decided by the Parties based on their interests and available resources with the aim of achieving mutual benefits and measurable advances in womenâs economic empowerment and gender equality outcomes.
6. The Parties may undertake cooperation activities through modes such as:
(a) dialogues, workshops, seminars, conferences, cooperation programmes, and projects, including internships, visits, and research;
(b) technical assistance to promote and facilitate capacity building and training;
(c) exchange of experts and information; and
(d) sharing of experiences and best practices in designing, implementing, monitoring, evaluating, and strengthening policies and programmes to enhance women's participation in domestic, regional, and global economies.
Article 25.6. Inclusive Trade Sub-Committee
The Inclusive Trade Sub-Committee established under Article 30.9 (Inclusive Trade Sub-Committee - Institutional Provisions) shall support the effective implementation and operation of this Chapter and monitor and review its implementation and that of relevant provisions in other Chapters. With respect to this Chapter, the Inclusive Trade Sub-Committee shall have the functions set out in Article 30.8 (Inclusive Trade Sub-Committee - Institutional Provisions).
Article 25.7. Contact Points
1. Each Party shall designate one or more contact points to facilitate communication between the Parties on any matter covered by this Chapter, and shall provide details of such contact points to the other Party. The Parties shall notify each other promptly of any amendments to the details of their contact points.
2. The contact points may consider any matter that they consider appropriate to advance women's economic empowerment across the Agreement and make recommendations to the Inclusive Trade Sub-Committee.
3. The contact points may communicate or facilitate communication with relevant stakeholders and groups, including women workers, business owners, and entrepreneurs and, in the case of the contact point for New Zealand, wahine Maori.
Article 25.8. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for a matter arising under this Chapter.
Chapter 26. MAORI TRADE AND ECONOMIC COOPERATION
Article 26.1. Maori Terminology
The Parties include the following Maori terminology for the purposes of this Chapter:
"Haka Ka Mate" refers to the Haka (war expression) Ka Mate written by Ngati Toa Rangatira chief Te Rauparaha;
"Kaupapa Maori" refers to an approach entrenched in a Maori world view;
"Maori relational approaches" refers to "Whakapapa" or family connections, and building strong relationships, which are core values at the heart of the Maori worldview and central to how Maori engage;
"Matauranga Maori" refers to Maori traditional knowledge which relates to the Maori world view;
"Ngati Toa Rangatira" refers to the iwi (tribe) defined as the collective group composed of individuals who are descended from both:
(a) Toa Rangatira;
(b) any other recognised ancestor of Ngati Toa Rangatira who migrated permanently to the area of interest of Ngati Toa Rangatira in the nineteenth century and who exercised customary rights predominantly within that area;
(c) includes those individuals; and
(d) includes any whanau (extended family group), hapa (kinship group), or group to the extent that it is composed of those individuals;
"Te Ao Maori" refers to the Maori world view based on a holistic approach to life;
"Tikanga Maori" refers to Maori protocols, customs, and normal practice; and
"wellbeing" refers to the Maori view of the culmination, balancing, and interconnection of numerous factors required for individuals and groups to be truly well and thrive. This includes balance between taha tinana (body), taha hinengaro (mind), and taha wairua (spirit) and can include environmental, economic, and cultural aspects.
Article 26.2. Context and Purpose
1. The Parties recognise the unique relationship that exists between Maori and the United Kingdom, noting that representatives of the British Crown and Maori were the original signatories to Te Tiritio Waitangi/The Treaty of Waitangi whilst acknowledging that the New Zealand Crown has now succeeded the British Crown and assumed all rights and obligations under that Treaty.
2. The Parties acknowledge that Te Tiriti o Waitangi/The Treaty of Waitangi is a foundational document of constitutional importance to New Zealand.
3. The Parties recognise the importance of cooperation under this Chapter being implemented, in the case of New Zealand, in a manner consistent with Te Tiriti o Waitangi/The Treaty of Waitangi and where appropriate informed by Te Ao Maori, Matauranga Maori, and tikanga Maori.
4. The Parties recognise the value of Maori leadership, Te Ao Maori approaches, and Matauranga Maori that contribute to the design and implementation of policies and programmes in New Zealand, that protect and promote Maori economic aspirations.
5. The Parties recognise the value of increased Maori participation in international trade and investment, including digital trade. This includes through the promotion of Maori relational approaches, Matauranga Maori, technologies, and Kaupapa Maori methodologies, in the case of New Zealand.
6. Subject to its international obligations, New Zealand may adopt or maintain measures torespect, preserve, and promote traditional knowledge and traditional cultural expressions.
7. The Parties recognise the value of enhancing cultural and people-to-people links that may result from the opportunities created by this Chapter for both Parties.
8. The Parties recognise the challenges that exist for Maori in accessing the trade and economic opportunities derived from international trade, and the importance of international trade in enabling and advancing Maori wellbeing.
9. The Parties agree that the purpose of this Chapter is to pursue cooperation between them that contributes towards New Zealand's efforts to enable and advance Maori economic aspirations and wellbeing.
10. For greater certainty, nothing in this Chapter:
(a) gives rise to obligations that relate to intellectual property, except for paragraph 6 in the case of New Zealand;
(b) creates any requirement on the United Kingdom to change its law relating to intellectual property or intellectual property policy;
(c) constitutes recognition by the United Kingdom that Genetic Resources, Traditional Knowledge, or Traditional Cultural Expressions are forms of intellectual property in their own right; or
(d) constitutes recognition by the United Kingdom that any examples of Genetic Resources, Traditional Knowledge, or Traditional Cultural Expressions are protectable as intellectual property other than to the extent such protection is consistent with United Kingdom intellectual property law.
Article 26.3. International Instruments
The Parties note:
(a) their commitments as Parties to the UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions done at Paris on 20 October 2005;
(b) the objectives of the UN 2030 Agenda for Sustainable Development adopted by the UN General Assembly Resolution 70/1 on 25 September 2015, and its Sustainable Development Goals;
(c) their rights and responsibilities under the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992; and
(d) the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in New York on 13 September 2007, and further note the national positions of the United Kingdom and New Zealand made on that Declaration.
Article 26.4. Provisions Across the Agreement Benefitting Maori
In addition to this Chapter, there are provisions in other Chapters of this Agreement that enhance the participation of Māori in trade and investment opportunities derived from this Agreement which, in the case of New Zealand, further contribute to the ability of Māori to exercise their rights and interests under Te Tiriti o Waitangi/The Treaty of Waitangi. These include:
(a) Chapter 15 (Digital Trade);
(b) Chapter 16 (Government Procurement);
(c) Chapter 17 (Intellectual Property);
(d) Chapter 22 (Environment);
(e) Chapter 24 (Small and Medium-Sized Enterprises);
(f) Chapter 25 (Trade and Gender Equality); and
(g) Chapter 32 (General Exceptions and General Provisions)
Article 26.5. Cooperation Activities
1. The Parties may facilitate, where appropriate and practicable, with Māori in the case of New Zealand and in coordination with other relevant stakeholders as appropriate, the following activities: (1)
(a) collaborating on enhancing the ability of Maori-owned enterprises to access and benefit from the trade and investment opportunities created by this Agreement;
(b) collaborating on developing links between United Kingdom enterprises and Maori-owned enterprises and entrepreneurship, which may include facilitating access to new and existing supply chains, enabling and strengthening e-commerce opportunities, and facilitating cooperation between enterprises on trade in products of Maori origin. This may additionally include undertaking joint roadshows and activities promoting links between United Kingdom SMEs and Maori-owned SMEs, consistent with cooperation activities set out in Article 24.3 (Cooperation to Increase Trade and Investment Opportunities for SMEs - Small and Medium-Sized Enterprises) and Article 24.4 (Cooperation on Implementation of this Agreement - Small and Medium-Sized Enterprises); and
(c) continuing to support science, research, and innovation links as appropriate between the United Kingdom and Maori communities.
2. Each Party may invite the views and participationin the cooperation activities of this Chapter of relevant stakeholders, and in the case of New Zealand of Maori in accordance with Te Tiriti o Waitangi/The Treaty of Waitangi principles.
3. All cooperation shall be at the request of a Party, on mutually agreed terms in respect of each cooperation activity.
Article 26.6. Recognition of Haka Ka Mate
1. The Parties acknowledge the significance of the Haka Ka Mate to Ngati Toa Rangatira, and as an integral part of its history, culture, and identity.
2. The Parties shall jointly endeavour to identify appropriate means to advance recognition and protection of Haka Ka Mate. New Zealand will invite the participation of Ngati Toa Rangatira in these cooperation activities.
Article 26.7. Inclusive Trade Sub-Committee
The Inclusive Trade Sub-Committee established under Article 30.9 (Sub- Committees - Institutional Provisions) shall support the effective implementation and operation of this Chapter and monitor and review its implementation. The Inclusive Trade Sub-Committee shall have the functions set out in Article 30.8 (Inclusive Trade Sub-Committee - Institutional Provisions).
Article 26.8. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for a matter arising under this Chapter.
Chapter 27. TRADE AND DEVELOPMENT
Article 27.1. General Provisions
1. The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that sustainable trade and investment can play in contributing to economic development, prosperity, and a resilient global economy. Inclusive economic growth includes a more broad-based distribution of the benefits of economic growth through the expansion of business and industry, including for SMEs and women-led businesses, the creation of jobs, and the alleviation of poverty.
2. The Parties acknowledge that inclusive economic growth should be sustainable, and that sustainable growth encompasses economic development, social development, climate resilience, and environmental protection. Effective coordination of trade, investment, climate change, and development policies can contribute to sustainable economic growth for developing countries, including least developed countries and small island developing states.
3. The Parties recognise the fundamental importance of a stable, open, and rules-based multilateral trading system, including for developing countries, and recognise the vital contribution of the WTO to trade and development.
4. The Parties affirm their commitment to promote and strengthen an open trade and investment environment that seeks to improve livelihoods, reduce poverty, raise living standards, and create new employment opportunities for all persons in support of development.
5. The Parties recognise that transparency, good governance, and accountability contribute to the effectiveness of trade and development policies and sustainability of development outcomes.
6. The Parties further recognise that in addition to this Chapter, there are provisions in other Chapters of this Agreement that seek to enhance cooperation between the Parties on trade and development issues or that otherwise may be of particular benefit to developing countries. Relevant Articles include:
(a) paragraphs 5 and 6 of Article 3.8 (Cumulation - Rules of Origin and Origin Procedures);
(b) paragraph 4 of Article 7.5 (Cooperation - Technical Barriers to Trade);
(c) Article 9.13 (Development Cooperation – Cross-Border Trade in Services);
(d) paragraph 4 of Article 15.20 (Digital Inclusion - Digital Trade); and
(e) paragraph 3 of Article 25.5 (Cooperation â Trade and Gender Equality).
Article 27.2. Cooperation
1. The Parties recognise that undertaking and strengthening cooperation between the Parties under this Agreement can promote developing country participation in trade, support inclusive and sustainable growth, reinforce international development strategies, and build competitive and diverse supply chains. Cooperative activities may include:
(a) dialogue and an exchange of information between the Parties;
(b) sharing of best practice on trade and development policies and programmes;
(c) promoting developing country participation in multilateral and regional fora and joint advocacy in areas relating to trade and development; or
(d) any other form of cooperation as may be agreed between the Parties including in support of least developed countries and small island developing states.
2. The Parties may invite, as appropriate, multilateral, regional, private sector, non-governmental, or other relevant organisations to assist with these cooperative activities.
3. The Parties may share best practice for monitoring and conducting analysis of trade agreements and their effects on developing countries, including the use of both qualitative and quantitative methods.
4. The Parties may monitor, jointly or individually, the impact of this Agreement on developing countries and shall endeavour to share any outcomes with each other.
Article 27.3. Inclusive Trade Sub-Committee
The Inclusive Trade Sub-Committee established under Article 30.9 (Sub- Committees â Institutional Provisions) shall support the effective implementation and operation of this Chapter. The functions of the Inclusive Trade Sub-Committee with respect to this Chapter shall be those set out in Article 30.8 (Inclusive Trade Sub-Committee â Institutional Provisions).
Article 27.4. Contact Points
Each Party shall designate a contact point from its relevant authorities within 90 days of the date of entry into force of this Agreement, in order to facilitate communication between the Parties on any matter relating to this Chapter. Each Party shall notify the other Party of the contact details of its contact point and shall promptly notify any change to its contact point or those contact details.
Article 27.5. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for a matter arising under this Chapter.
Chapter 28. ANTI-CORRUPTION
Article 28.1. Definitions
For the purposes of this Chapter:
"act or refrain from acting in relation to the performance of official duties" includes any use of the public official's or foreign public official's position, whether or not within the official's authorised competence;
"Anti-Bribery Convention" means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions done at Paris on 17 December 1997;
"confiscation" means the permanent deprivation of property by order of a court or other competent authority, and includes forfeiture, where applicable;
"foreign public official" means any natural person holding a legislative, executive, administrative, or judicial office of a foreign country, at any level of government, whether appointed or elected, permanent or temporary, paid or unpaid, irrespective of that individual's seniority; and any natural person exercising a public function for a foreign country, at any level of government, including for a public agency or public enterprise;
"freezing" or "seizure" means temporarily prohibiting the transfer, conversion, disposition, or movement of property, or temporarily assuming custody or control of property, on the basis of an order issued by a court or other competent authority;
"official of a public international organisation" means a civil servant of a public international organisation or any natural person authorised by a public international organisation to act on its behalf;
"property" means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in those assets;
"public enterprise" means an enterprise over which a government or governments may, directly or indirectly, exercise a dominant influence; (1)
"public official" means:
(a) any natural person holding a legislative, executive, administrative, or judicial office of a Party, whether appointed or elected, permanent or temporary, paid or unpaid, and irrespective of that natural person's seniority;
(b) any other natural person who performs a public function for a Party, including for a public agency or public enterprise, or provides a public service as defined under that Party's law and as applied in the pertinent area of law in that Party; or
(c) any other person defined as a "public official" under a Party's law; and
"UNCAC" means the United Nations Convention against Corruption done at New York on 31 October 2003.
Article 28.2. Scope
1. This Chapter shall apply to measures to prevent and combat bribery and corruption relating to any matter covered by this Agreement.
2. Each Party affirms its resolve to prevent and combat bribery and corruption in matters affecting international trade or investment.
3. Each Party recognises the need to build integrity within both the public and private sectors and that each sector has complementary responsibilities in this tegard.
4. Each Party recognises the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in matters affecting international trade or investment, including the United Nations, the OECD, the WTO, and the Financial Action Task Force, and commits to work jointly with the other Party to encourage and support appropriate initiatives to prevent and combat that bribery and corruption.
5. The Parties recognise that their respective competent anti-corruption authorities have established working relationships in many bilateral and multilateral forums, and that cooperation under this Agreement can enhance the Partiesâ joint efforts in those forums and help produce outcomes that prevent and combat bribery and corruption in matters affecting international trade or investment.
6. Each Party affirms its commitments in the Anti-Bribery Convention and the UNCAC.
7. The Parties recognise that the description of offences adopted or maintained in accordance with this Chapter, and of the applicable legal defences or legal principles controlling the lawfulness of conduct, is reserved to each Party's law, and that those offences shall be prosecuted and punished in accordance with each Party's law.
Article 28.3. Measures to Prevent and Combat Bribery and Corruption
1. Each Party shall adopt or maintain legislative and other measures as may be necessary to establish as criminal offences under its law, in matters affecting international trade or investment, when 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 for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of or the exercise of 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 of or the exercise of official duties;
(c) the promise, offering, or giving to a foreign public official or an official of a public international organisation, 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 of or the exercise of official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business; and
(d) the aiding or abetting, or conspiracy in, the commission of any of the offences described in subparagraphs (a) to (c).
2. Each Party shall adopt or maintain measures as may be necessary, in accordance with its laws and regulations regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences described in this Article:
(a) the establishment of off-the-books accounts;
(b) the making of off-the-books or inadequately identified transactions;
(c) the recording of non-existent expenditure;
(d) the entry of liabilities with incorrect identification of their objects;
(e) the use of false documents; and
(f) the intentional destruction of bookkeeping documents earlier than foreseen by the law.
3. Each Party shall adopt or maintain legislative and other measures as may be necessary to establish as a criminal offence under its law, in matters affecting international trade or investment, when committed intentionally: