(a) equity, diversity, inclusivity, intersectionality and gender balance;
(b) evidence-based decision-making;
(c) stakeholder engagement;
(d) accountability and transparency; and
(e) openness, flexibility, and reasonableness.
4. The Parties shall carry out cooperation activities on issues and topics determined by the Parties through the interaction of their respective government institutions, businesses, labour unions, education and research organizations, other non-governmental organizations, and their representatives, as appropriate.
5. Areas of cooperation may include:
(a) developing programs to promote women’s full participation and advancement in the economy and society by encouraging capacity-building and skills enhancement of women at work, in business, and at senior levels in all sectors of society, including on corporate boards;
(b) improving women’s access to, and participation and leadership in, science, technology, and innovation, including education in science, technology, engineering, mathematics, and business;
(c) promoting financial inclusion, education, and training for women as well as promoting access to financial assistance and financing, including export financing, venture capital, and micro-finance, for women to start-up and scale-up their businesses and go global;
(d) promoting business development services for women and programs to improve women’s digital skills and access to online business tools;
(e) advancing women’s leadership and developing women’s networks;
(f) developing better practices to promote gender equality within public and private institutions and enterprises;
(g) fostering women’s representation in decision-making positions in the public, private and not-for-profit sectors;
(h) promoting female entrepreneurship, including activities to support the internationalization of women-owned business, women-led business, and women-led cooperative;
(i) enhancing women-owned businesses, women-led businesses, and women-led cooperatives’ participation in government procurement markets;
(j) promoting the use of diverse suppliers, including women-owned businesses;
(k) developing trade missions for business women and women entrepreneurs;
(l) advancing care policies and programs with a gender and shared social responsibility perspective, including parenting and other family co-responsibilities;
(m) supporting economic opportunities for under-represented women, including Indigenous, LGBTQI, disabled, youth, rural, remote, newcomers, and other women;
(n) enhancing the competitiveness of women-owned businesses, women-led businesses, and women-led cooperatives to increase their ability to participate and compete in local, regional, and global supply chains;
(o) promoting women’s participation in standards development and sharing best practices on how to take into account biological and cultural differences in standards development and implementation in order to make progress on gender responsive standards;
(p) conducting an intersectional gender assessment, including of policies and programs to support women’s entrepreneurship, and sharing best practices;
(q) sharing methods and procedures for the collection of sex-disaggregated data, the use of indicators, and the analysis of gender-focussed statistics related to trade;
(r) sharing information and best practices on policies and programs that aim to close the gender digital divide and advance the use of e-commerce as a tool to support women’s economic empowerment;
(s) sharing information and best practices on policies and programs that aim to close the gender wage gap, such as pay equity and pay transparency legislation;
(t) sharing information on establishing and promoting women-led cooperatives and facilitating their access to international networks, markets, and supply chains;
(u) sharing information and best practices on eliminating gender-based violence so that all women can participate in and benefit from the economy and trade; and
(v) any other issues as decided by the Parties.
6. The Parties may carry out activities in the cooperation areas set out in paragraph 5 through:
(a) workshops, seminars, dialogues and other forums for exchanging knowledge, experiences and best practices;
(b) internships, visits, and research studies to document and study policies and practices;
(c) collaborative research and development of best practices in subject matters of mutual interest;
(d) exchanges of technical knowledge and technical assistance, and of sex-disaggregated data and gender-sensitive data, as appropriate; and
(e) other means as decided by the Parties.
7. The Parties shall decide the priorities for cooperation activities based on their interests and available resources.
8. The Parties acknowledge the importance of initiatives, efforts, and work on trade and gender in multilateral fora, such as the WTO, and the importance of taking into consideration their findings, recommendations, and activities to ensure effective coordination and implementation of cooperation activities. The Parties shall work together in international and multilateral fora to advance trade and gender issues, knowledge and awareness, when possible, including at the WTO and as provided in the Global Trade and Gender Arrangement signed on 5 August 2020.
9. The Parties shall endeavour to share their respective experiences relating to
policies and programs to encourage women’s full and equal participation in national and international economies through voluntary reporting during the WTO Trade Policy Review Mechanism as part of their national reports.
Article 22.7: Committee on Trade and Gender Equality
1. The Parties hereby establish a Trade and Gender Equality Committee (the “Committee”) composed of representatives from each Party’s government institutions, including gender equality experts as appropriate.
2. The Committee shall:
(a) establish a work plan of priority activities to be implemented and take steps to carry them out;
(b) decide, organize, and facilitate the cooperation activities under Article 22.6;
(c) report and make recommendations, as appropriate, to the Joint Committee on any matter related to this Chapter;
(d) facilitate the exchange of information on each Party’s experiences and best practices with respect to the establishment and implementation of policies and programs that address trade and gender-related issues in order to achieve the greatest possible benefit under this Agreement;
(e) facilitate the exchange of information on the Parties’ experiences and lessons learned through the cooperation activities carried out under Article 22.6;
(f) discuss joint proposals to support policies and other initiatives on trade and gender;
(g) invite international donor institutions, private sector entities, non-governmental organizations or other relevant institutions, as
appropriate, to assist with the development and implementation of cooperation activities;
(h) encourage multilateral and regional organizations to finance projects that enable women-owned businesses, women-led businesses, and women-led cooperatives to export goods and services;
(i) consider matters related to the implementation and operation of this Chapter;
(j) at the request of a Party, consider and discuss any matter that may arise related to the interpretation and application of this Chapter; and
(k) carry out other duties as determined by the Parties.
3. The Committee shall meet to consider any matter arising under this Chapter within the first year following the entry into force of this Agreement, or as decided by the Parties, and annually thereafter or as otherwise decided by the Parties, in person or by any other technological means available.
4. In the performance of its duties, the Committee may work with any other body established under this Agreement. In the context of this work, the Committee shall encourage efforts by these bodies to integrate gender-related considerations, activities and commitments into their work.
5. The Committee may request that the Joint Committee refer work to be conducted under this Article to any other body established under this Agreement.
6. The Parties may decide to invite experts or relevant organizations to Committee meetings to provide information.
7. The Committee shall periodically review the cooperation activities carried out under Article 22.6, as well as the implementation of this Chapter and gender-related provisions of this Agreement. The Committee shall report and make recommendations to the Joint Committee on this review and other matters as necessary.
Article 22.8: Contact Points
1. Each Party shall designate a contact point from its relevant authorities within 90 days 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 the other Party in the event of any change to its contact point or those contact details. Until both contact points are designated, the Agreement Coordinators shall facilitate communication between the Parties on any matter relating to this Chapter.
2. Contact points shall:
(a) facilitate regular communication and coordination between the Parties;
(b) attend the Committee meetings;
(c) report to the Committee, as appropriate; and
(d) work jointly, including with other appropriate agencies of their governments, to develop and implement activities in the areas of cooperation.
Article 22.9: Provisions in this Agreement that Benefit Women or Advance Gender Equality
The Parties recognize that in addition to the provisions in this Chapter, there are provisions in other Chapters of this Agreement that seek to enhance cooperation among the Parties on trade and gender issues or that otherwise may contribute to further enhance the participation of women in trade and investment opportunities derived from this Agreement. These include:
(a) Article 7.6 (Technical Barriers to Trade – Gender Responsive Technical Regulations and Standards);
(b) Canada’s Schedule to Annex 11-A (Schedule of Canada – Section F: General Notes);
(c) Article 12.2 (Environment – Context and Objectives); Article 12.8 (Environment – Climate Change); Article 12.17 (Environment – Cooperation);
(d) Article 14.15 (Transparency, Anti-Corruption and Responsible Business Conduct – Responsible Business Conduct);
(e) Article 15.4 (Investment – Right to Regulate); Article 15.9 (Investment – Minimum Standard of Treatment); Article 15.13 (Investment – Senior Management and Boards of Directors); Article 15.15 (Investment – Responsible Business Conduct); Article 15.26 (Investment – Arbitrators);
(f) Appendix 16-A.1 (Guidelines for Mutual Recognition Agreements or Arrangements for the Professional Services Sector);
(g) Article 17.3 (Development and Administration of Measures – Right to Regulate); Article 17.4 (Development and Administration of Measures – Development of authorisation requirements and procedures);
(h) Article 18.9 (Financial Services – Senior Management and Boards of Directors); Article 18.22 (Financial Services – Financial Services Committee);
(i) Article 20.23 (Telecommunications – Promoting and Improving Telecommunications Connectivity);
(j) Article 21.7 (Digital Trade – Personal Data Protection); Article 21.15 (Digital Trade – Digital Inclusion);
(k) Article 23.2 (Small and Medium-Sized Enterprises – General Provisions); Article 23.3 (Small and Medium-Sized Enterprises – Information Sharing); Article 23.4 (Small and Medium-Sized Enterprises – Cooperation Activities on SMEs); Article 23.5 (Small and Medium-Sized Enterprises – Committee on SMEs);
(l) Article 27.9 (Dispute Settlement – Qualifications of Panelists); and
(m) Annex IV (Non-Conforming Activities – Schedule of Ecuador – Entity: Corporación Financiera Nacional B.P.).
Article 22.10: Dispute Settlement
1. The Parties shall endeavour to agree on the interpretation and application of this Chapter, and shall make every effort, including through dialogue, consultation, exchange of information and cooperation, to resolve any matter that might affect the operation of this Chapter.
2. A Party (the “requesting Party”) may request consultations with the other Party (the “responding Party”) with respect to any matter arising under this Chapter by
delivering a written request for consultations to the responding Party’s Contact Point designated pursuant to Article 22.8. The requesting Party shall include in its request information that is specific and sufficient to enable the responding Party to respond.
3. Unless the Parties decide otherwise, they shall enter into consultations promptly and no later than 30 days after the date of receipt by the responding Party of the request referred to in paragraph 2. These consultations shall take place through the Committee and the Parties shall make every effort to arrive at a mutually satisfactory resolution.
4. With respect to the consultations referred to in paragraph 2, each Party shall provide sufficient information that is reasonably available to it to the other Party to enable a full examination of the matter.
5. If the Parties fail to resolve the matter through consultations referred to in paragraph 3, the requesting Party may refer the matter to the Joint Committee by delivering a written request for consultations to the Committee. Unless the Parties decide otherwise, these consultations shall take place no later than 120 days after the date of receipt of the request by the Committee.
6. All consultations, unless otherwise decided by the Parties, shall be confidential.
7. A Party shall not have recourse to dispute settlement under Chapter 27 (Dispute Settlement) for a matter arising under this Chapter without first seeking to resolve the matter in accordance with this Article.
Chapter 23. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 23.1: Definitions
For the purposes of this Chapter:
SME means:
(a) For Canada, SMEs include micro enterprises, self-employed persons, and entrepreneurs.
(b) For Ecuador, SMEs include micro enterprises, self-employed persons, entrepreneurs, and the actors of the Popular and Solidarity Economy as identified in the Constitution of the Republic of Ecuador and Article 1 of La Ley Orgánica de la Economía Popular y Solidaria (Organic Law of the Popular and Solidarity Economy), provided these actors comply with the employment or sales criteria for SMEs under Ecuador’s law.
Article 23.2: General Provisions
1. The Parties acknowledge the importance of promoting an environment that facilitates and supports the development, growth and competitiveness of SMEs, including those owned by Indigenous Peoples and those organized as cooperatives and social enterprises. The Parties also recognize the participation of SMEs in domestic markets as well as in international trade and investment, and their contribution in achieving inclusive economic growth, sustainable development and enhanced productivity.
2. The Parties recognize the fundamental role of SMEs in creating and maintaining dynamism and enhancing competitiveness of the economies of the Parties. The Parties also recognize the importance of identifying and removing barriers to international trade and investment for SMEs. Accordingly, the Parties shall develop and promote cooperation on SMEs, with the purpose of contributing to the expansion, diversification and deepening of economic and commercial ties between the Parties.
3. The Parties recognize that international trade and investment are boosters of economic growth, and the Parties acknowledge that improving the ability of SMEs to participate in trade and investment will enhance their competitiveness.
4. The Parties recognize the importance of deepening integration in the trade of goods, services, and investment through regional and global value chains to modernize and expand the bilateral economic relationship between the Parties. The Parties also recognize that the insertion of SMEs in regional and global value chains contributes to a better distribution of resources and economic benefits derived from international trade, including trade diversification and an increase in the added value of exports.
5. The Parties recognize the importance of innovation for SMEs’ competitiveness and of their enhanced access to information, financing and networking in facilitating the innovation process.
6. The Parties also acknowledge that SMEs legally owned or operated by equity-deserving groups1 may require additional or targeted support to enhance their growth and competitiveness and access to international trade and investment to ensure that they can fully participate in and benefit from this Agreement.
7. Each Party shall encourage SMEs operating within its territory or subject to its jurisdiction to observe and incorporate into their internal policies and practices internationally recognized standards, guidelines and principles of responsible business conduct that have been endorsed, supported, or observed by the Parties, including the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct and the United Nations Guiding Principles on Business and Human Rights.
8. The Parties affirm their commitments under and recognize the importance of current initiatives on SMEs developed in the WTO, the International Trade Centre, the United Nations Conference on Trade and Development, the International Labour Organization, and any other relevant forums in which both Parties participate. The Parties also affirm the importance of taking into account the findings and recommendations of those forums, as appropriate.
Article 23.3: Information Sharing
1. Each Party shall establish or maintain a publicly accessible webpage containing information regarding this Agreement, including:
(a) the text of this Agreement, including annexes, tariff schedules and product specific rules of origin;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that the Party considers useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its webpage referred to in paragraph 1, links to:
(a) the equivalent webpage of the other Party; and
1 For Canada, equity-deserving groups include women, Indigenous Peoples, visible minorities, persons with disabilities, youth, and Lesbian, Gay, Bisexual, Transgender, Intersex, gender diverse persons and other underrepresented groups.
For Ecuador, equity-deserving groups include groups that require special consideration due to historical inequalities and exclusion, discrimination, diverse types of violence including domestic violence, age, health or disability; and includes women, Indigenous Peoples, seniors, girls, boys, adolescents, pregnant women, people with disabilities, people in prison, and people who suffer from catastrophic, terminal or chronic complex illnesses, and other underrepresented groups under Ecuadorian law.
(b) the websites or webpages of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing or doing business in that Party’s territory.
3. The information described in paragraph 2(b) may include:
(a) customs regulations and procedures;
(b) regulations and procedures concerning intellectual property rights;
(c) information and programs to help SMEs improve cybersecurity practices, including cybersecurity and privacy regulations, standards, cybersecurity controls and conformity assessment measures relating to the cybersecurity posture of the SME;
(d) technical regulations, standards, conformity assessment procedures, and sanitary and phytosanitary measures relating to importation and exportation, and related enquiry points;
(e) foreign investment regulations;
(f) registration and governance procedures of business, including small and medium-sized cooperatives;
(g) trade promotion programs;
(h) start-ups promotion programs;
(i) competitiveness programs;
(j) SME financing programs, including export financing and insurance services and venture capital;
(k) employment regulations, including pay equity and pay transparency regulations;
(l) taxation information, if possible;
(m) information related to the temporary entry of business persons;
(n) government procurement opportunities;
(o) statistics of economic relevance and other macro data of interest about SMEs;
(p) information related to foreign trade zones;
(q) information and procedures on establishing and governing cooperatives, including accessing global markets; and
(r) procedure and financing programs for recruiting foreign workers.
4. Each Party shall ensure that the webpage referred to in this Article is accessible within one year after this Agreement enters into force.
5. Each Party shall regularly review the information and links on the webpage referred to in this Article to ensure the information and links are up-to-date and accurate.
6. Each Party shall ensure that the information set out in this Article is presented in a manner that is easily accessible for SMEs.
7. Each Party shall, as appropriate, ensure the information on the webpage referred to in paragraph 1 is available in its own official languages.
Article 23.4: Cooperation Activities on SMEs
1. The Parties recognize the importance of cooperation activities between the Parties to support the objectives of this Chapter.
2. The Parties also recognize the importance of involving the private sector and SME-related support agencies in the development and implementation of the Parties’ cooperation activities, if appropriate.
3. The Parties shall collaborate to identify and remove barriers to international trade for SMEs, support productive sectors in which SMEs operate, and promote the growth and creation of higher paying, more productive jobs by SMEs.
4. The Parties shall ensure that gender equality is a horizontal priority and a key consideration in the identification and implementation of their cooperation activities.
5. Cooperation activities may include:
(a) facilitating the exchange of best practices concerning public policies and programs, as well as the exchange of relevant information, such as market research and the collection and analysis of gender disaggregated data to support and assist SMEs in adapting to changing market conditions;
(b) promoting SMEs’ participation in international trade and government procurement opportunities, as well as business growth in local and regional markets, and enhancing integration into global value chains;
(c) promoting a favorable environment for the development of SMEs by encouraging relevant private and governmental agencies to support the capacity-building of SMEs;
(d) exchanging experiences on developing entrepreneurial capacity and culture, and on fostering entrepreneurs;