(e) fostering exchange of publicly available information and experience sharing regarding best practices in mineral regulatory policy to encourage commercially viable and responsible activities in the mining and minerals sectors;
(f) fostering research, development and innovation in mining and minerals sectors,. including exploration, extraction, processing, recycling, as well as the development of technical capacities in unconventional sources of critical minerals, on a mutually agreed basis;
(g) promoting innovation and collaborative research to develop emerging technologies in downstream sectors; and
(h) encouraging training, technical assistance and capacity building activities, and foster opportunities for the development of skilled workforce.
3. The Parties shall endeavour to undertake cooperative activities to promote the development, transfer and diffusion of technology in the area of mining and minerals. The Parties shall, in accordance with their respective laws and regulations, endeavour to:
(a) encourage, support and incentivise voluntary initiatives for the transfer of technology between privately-owned enterprises in each Party; and
(b) undertake activities that facilitate the development, transfer and diffusion of technology between state enterprises, on a mutually agreed basis.
Article 12.5 Pharmaceutical Industry and Healthcare
1. The Parties recognise that pharmaceuticals and healthcare play a considerable role in the territories of both Parties.
2. Cooperation and capacity building activities in this sector shall include, but are not limited to:
(a) exchange of information on regulatory requirements regarding issues such as clinical trials on the most common and contagious diseases, Good Manufacturing Practices (GMP) and Good Clinical Practices (GCP) certifications, reference pricing and regulatory control for pharmaceuticals, vaccines, blood products, biotechnology products and traditional and complementary medicine including teaching, practice, registration of traditional and complementary medicine, qualified practitioners, drug and drugless therapies;
(b) cooperation in technology transfer and innovation; and
(c) seeking and providing expertise of qualified medical practitioners.
Article 12.6
Digital Trade Cooperation and E-Commerce
Recognising the global nature of digital trade, the Parties shall endeavour to exchange information and share experiences and best practices on regulations, policies, enforcement and compliance relating to digital trade and e-commerce including the protection of personal information, security in electronic communications, and online consumer protection.
Article 12.7 Space Technology
1. The Parties recognise that as space technology continues to evolve, collaboration in this sector holds immense potential for mutual growth and advancement. The key areas of cooperation in the field of space technology include:
(a) sharing satellite data for agriculture, disaster management, and environmental monitoring with a view to benefitting both the Parties, leading to more efficient resource management and sustainable development;
(b) collaborative efforts in space research, exploration, downstream applications and the development of technologies; and
(c) capacity building programmes, training exchanges, educational partnerships, and skill development initiatives in the field of space.
Article 12.8 Tourism
1. The Parties recognise that tourism contributes to the improvement of bilateral trade and investment, and that it is an important industry for their economies.
2. Cooperation and capacity building activities in areas related to tourism and hospitality may include establishing exchange programmes for cooperation in human resources development.
3. The Parties may encourage the tourism stakeholders such as hoteliers, travel agents and tour operators to promote tourist attractions of both Parties. The Parties shall endeavour to promote niche segments such as heritage tourism, medical value travel, ecotourism, sports tourism, film tourism and meetings, incentives, conferences and exhibitions tourism.
Article 12.9
Logistics and Physical Infrastructure
The Parties, acknowledging the importance of the logistics sector, in their respective economies, agree to cooperate in this sector to develop logistics infrastructure and related services for greater resilience of the global value chains.
Article 12.10 Defence Manufacturing
The Parties shall endeavour to cooperate in the transfer of mutually agreed advanced military technologies and to engage in activities for fostering joint ventures in defence manufacturing, co-development and co-production of cutting edge military equipment, maintenance repair and overhaul, sustenance of defence platforms, and strengthening the self-sufficiency and technological capacity of both the Parties. Furthermore, the cooperation would also include promotion of defence trade to foster seamless exchange of military products between the Parties.
Article 12.11 Innovation
1. Subject to mutual agreement, the Parties shall endeavour to cooperate under this Article:
(a) to provide the necessary financial and human resources for cooperation to encourage research, development and innovation, including:
(i) supporting joint projects;
(ii) making available experts in the relevant fields of science and technology;
(iii) organizing exhibitions and scientific events in the-field of innovation; and
(iv) providing financial and administrative support to start-ups;
(b) in identifying common areas of interest, such as:
(i) innovative technologies;
(ii) artificial intelligence; and
(iii) renewable energy and green economy;
(c) by encouraging dissemination of the results of joint projects, including:
(i) presenting scientific papers at scientific conferences and symposia;
(ii) publishing scientific articles in scientific journals; and
(iii) filing patents.
2. Cooperating institutions of the Parties may conclude implementing agreements, in specific areas covered by this Agreement, in accordance with their applicable laws and regulations. These implementing agreements shall cover, as appropriate, areas of cooperation, procedures applicable to personnel exchanges or participants, procedures for transfer and use of materials, equipment and funds, and other relevant issues including the intellectual property rights.
Article 12.12 Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, where it is of mutual benefit, may consider cooperation with, and contributions from, non-Parties to support the implementation of the agreed areas of cooperation.
Article 12.13 Committee on Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties shall establish a Committee on Cooperation (CoC).
2. The CoC shall:
(a) review, through regular reporting from the Parties, the operation of this Chapter and the application and fulfilment of its objectives;
(b) monitor and assess the progress in implementing the cooperation projects agreed by the Parties;
(c) make recommendations on the cooperative activities under this Chapter, in accordance with the strategic priorities of the Parties;
(d) discuss and consider issues or proposals for future cooperation and capacity building activities;
(e) coordinate with other committees, working groups and any other subsidiary body established under this Agreement as appropriate, in support of the development and implementation of cooperation and capacity building activities; and
(f) engage in other activities, as the Parties may decide.
3. The Committee shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report to the Joint Committee.
4. The Parties shall designate a contact point to facilitate communication on possible cooperative activities. The contact points shall endeavour to work with government agencies, business sector representatives, educational and research institutions, and any other relevant agency for the operation of this Chapter.
Article 12.14
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 13. DISPUTE SETTLEMENT
SECTION A OBJECTIVE AND SCOPE
Article 13.1 Definitions
For the purposes of this Chapter and its annexes:
"Code of Conduct" means the Code of Conduct referred to in Article 13.16 (Rules of Procedure and Code of Conduct of the Panel) and set out in Annex 13B (Code of Conduct for Panellists);
"Complaining Party" means the Party that requests consultations under Article 13.6 (Consultations);
"Matters of Urgency" means those matters which concern goods that rapidly lose their quality, current condition, or commercial value, in a short period of time, including Perishable Goods;
"Panel" means a panel established under Article 13.8 (Establishment of a Panel) or reconvened under Articles 13.22 (Compliance Review) or 13.23 (Compensation and Suspension of Concessions or other Obligations), unless the context provides otherwise;
"Responding Party" means the Party to which a request for consultations is made under Article 13.6 (Consultations); and
"Rules of Procedure" means the Rules of Procedure referred to in Article 13.16 (Rules of Procedure and Code of Conduct of the Panel) and set out in Annex 13A (Rules of Procedure for the Panel).
Article 13.2 Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article 13.3 Cooperation
The Parties shall endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt, through cooperation, to arrive at a mutually satisfactory resolution of any matter that might affect the operation of this Agreement.
Article 13.4 Scope
1. Unless otherwise provided in this Agreement, this Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation or application of the provisions of this Agreement (hereinafter referred to as "covered provisions") when a Party considers that:
(a) a measure of the other Party is inconsistent with its obligations under this Agreement; or
(b) the other Party has otherwise failed to carry out its obligations under this Agreement.
2. This Chapter applies subject to such special and additional provisions on dispute settlement contained in other Chapters of this Agreement.
SECTION B CONSULTATIONS, GOOD OFFICES, CONCILIATION AND MEDIATION
Article 13.5 Request for Information
Before a request for consultations, good offices, conciliation or mediation is made pursuant to Articles 13.6 (Consultations) or 13.7 (Good Offices, Conciliation or Mediation) respectively, a Party may request, in writing, any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 30 days after the date of receipt of the request.
Article 13.6 Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 13.4 (Scope) by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the reasons for the request, including the measure at issue and a description of its factual and legal basis specifying the covered provisions that it considers applicable.
3. The Responding Party shall reply to the request promptly, but no later than 10 days after the date of receipt of the request. The consultations shall be held within 30 days after the date of receipt of the request. The consultations shall be deemed to be concluded within 60 days after the date of receipt of the request, unless the Parties agree otherwise.
4. Consultations on Matters of Urgency shall be held within 15 days after the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days after the date of receipt of the request, unless the Parties agree otherwise.
5. During consultations, each Party shall provide sufficient information so as to allow a complete examination of the measure at issue including how that measure affects the operation and application of this Agreement.
6. Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties.
7. Consultations may be held in person or by any other means of communication, as the Parties may agree. Consultations, if held in person, shall take place in the territory of the Responding Party, unless the Parties agree otherwise.
8. If the Responding Party does not respond to the request for consultations within 10 days after the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or paragraph 4 respectively, or if consultations have been concluded and no mutually agreed solution has been reached, the Complaining Party may have recourse to Article 13.8 (Establishment of a Panel).
Article 13.7 ·Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to enter into procedures for good offices, conciliation or mediation. They may begin and be terminated by either Party at any time.
2. Proceedings involving good offices, conciliation or mediation and the particular positions taken by the Parties in these proceedings shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties.
3. If the Parties agree, procedures for good offices, conciliation or mediation may continue during the Panel proceedings, as set out in Section C (Panel Procedures).
SECTION C PANEL PROCEDURES
Article 13.8 Establishment of a Panel
1. If the Parties fail to resolve the dispute through recourse to consultations as provided for in Article 13.6 (Consultations), the Complaining Party may request the establishment of a Panel.
2. The request for the establishment of a Panel shall be made by means of a written request delivered to the Responding Party and shall identify the measures at issue and indicate the legal basis specifying the relevant covered provisions, in a manner sufficient to present how such measures have breached those provisions.
3. When a request is made by the Complaining Party in accordance with paragraph 1, a Panel shall be established in accordance with Article 13.9 (Composition of a Panel).
Article 13.9 Composition of a Panel
1. Unless the Parties agree otherwise, a Panel shall consist of three panellists·.
2. Unless the Parties agree otherwise, the panellists shall neither be nationals of the Parties to the dispute nor have their permanent place of residence in the territory of a Party to the dispute.
3. Within 20 days after the establishment of a Panel, each Party shall appoint a panellist. The Parties shall, by mutual agreement, within 40 days after the establishment of a Panel, appoint the third panellist who shall serve as the chairperson of the Panel.
4. The Parties shall exchange a list of up to five nominees for the appointment of the chairperson within 10 days from the date of receipt of the written notification requesting the establishment of a Panel.
5. If any of the three panellists have not been appointed within the time period established in paragraph 3, on request of either Party, the panellist will be appointed by draw of lot from the list of the nominees exchanged under paragraph 4. Where more than one panellist, including a chairperson is to be selected by draw of lot, the chairperson shall be appointed first. The selection by draw of lot for the chairperson or any other panellist shall be conducted by the Parties.
6. If a Party fails to submit its list of five nominees within the time period established in paragraph 4, the appointment of panellist under paragraph 5 shall be by draw of lot from the list submitted by the other Party.
7. The date of composition of the Panel shall be the date on which the last of the three selected panellists has notified to the Parties the acceptance of their appointment.
8. If a Panel is reconvened under Article 13.22 (Compliance Review), or Article 13.23 (Compensation and Suspension of Concessions or other Obligations), the Panel shall, to the extent possible, have the same panellists as the original Panel. If this is not possible, any successor panellist shall be appointed in accordance with this Article and shall have all the powers and duties of the original panellist.
Article 13.10 Qualifications of Panellists
1. Each panellist shall:
(a) have demonstrated expertise or experience in law, international trade, and other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(b) be independent of, and not be affiliated with or take instructions from, either Party;
(c) serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute;
(d) comply with the Code of Conduct; and
(e) be chosen strictly on the basis of objectivity, reliability, and sound judgment.
2. The chairperson shall also have experience in dispute settlement procedures.
3. Persons who provided good offices, conciliation or mediation to the Parties, pursuant to Article 13.7 (Good Offices, Conciliation or Mediation) in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as panellists in that matter.
Article 13.11 Replacement of Panellists
If any of the panellists of the original Panel becomes unable to act, withdraws or needs to be replaced because that panellist does not comply with the requirements of the Code of Conduct, a successor panellist shall be appointed in the same manner as prescribed for the appointment of the original panellist, and the successor panellist shall have the powers and duties of the original panellist. The work of the Panel shall be suspended until the appointment of the successor panellist.
Article 13.12 Functions of a Panel
1. Unless the Parties agree otherwise, the Panel:
(a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions, and make findings and determinations as are called for in its terms of reference;
(b) shall set out, in its decisions and reports, the findings of fact and law and the rationale behind any findings and conclusions that it makes; and
(c) may consult with the Parties and provide adequate opportunities for the development of a mutually agreed solution.
2. A Panel shall make its findings by consensus. If a Panel is unable to reach consensus, it may make its findings by majority vote. A Panel shall not disclose the panellists associated with majority or minority opinions. 3. No finding, determination or recommendation of a Panel can add to or diminish the rights and obligations of the Parties under this Agreement.
Article 13.13 Terms of Reference
1. Unless the Parties agree otherwise, within 15 days after the date of establishment of the Panel, the terms of reference of the Panel shall be: "to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the Panel, to make findings on the conformity of the measure at issue with the relevant covered provisions as well as recommendations, if any, on the means to resolve the dispute, if jointly requested by the Parties and to deliver a report in accordance with Articles 13.18 (Interim Report) and 13.19 (Final Report)".
2. If the Parties agree on terms of reference other than those referred to in paragraph 1, they shall notify the agreed terms of reference to the Panel no later than 5 days after their agreement.
Article 13.14 Decision on Matters of Urgency
1. If a Party so requests, the Panel shall decide, within 15 days after its composition, whether the dispute concerns Matters of Urgency.
2. In cases of Matters of Urgency, the applicable time periods set out in Articles 13.18 (Interim Report) and 13.19 (Final Report) shall be half of the time prescribed therein.
Article 13.15 Rules of Interpretation
1. The Panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law.
2. When appropriate, the Panel may also take into account relevant interpretations in reports of prior panels established under this Chapter and reports of panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO.
Article 13.16
Rules of Procedure and Code of Conduct of the Panel
1. The proceedings provided for in this Chapter shall be conducted in accordance with Annex 13A (Rules of Procedure for the Panel) and Annex 13B (Code of Conduct for Panellists), unless the Parties agree otherwise.
2. The Panel may, after consulting with the Parties, adopt additional rules of procedure not inconsistent with the Chapter and Rules of Procedure.
Article 13.17 Receipt of Information
1. Upon the request of a Party, or on its own initiative, the Panel may seek from the Parties relevant information it considers necessary and appropriate. The Parties shall respond promptly and fully to any such request by the Panel.
2. At the request of a Party, a Panel may seek information or technical advice from any known source that it deems appropriate, provided that the Parties agree, and subject to any terms and conditions agreed by the Parties.
3. Any information obtained by the Panel under this Article shall be made available to the Parties and the Parties may provide comments on that information-.
Article 13.18 Interim Report
1. The Panel shall deliver an interim report to the Parties within 90 days after the date of composition of the Panel. When the Panel considers that this deadline cannot be met, the chairperson of the Panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the Panel plans to deliver its interim report.
2. The interim report shall include a descriptive part and the Panel's findings and conclusions.
3. Each Party may submit to the Panel written comments and a written request to review precise aspects of the interim report within 10 days after the date of issuance of the interim report. A Party may comment on the other Party's request within 7 days after the delivery of the request.