(e) promoting the participation of SMEs legally owned by equity deserving groups and promoting partnerships and networks for these SMEs and their participation in international trade and investment;
(f) exchanging information and best practices on improving SMEs’ access to capital and credit, including government financing instruments;
(g) exchanging information on funding programs, innovative funding mechanisms, training and capacity building activities or any other mechanism for SMEs that may increase trade and investment opportunities;
(h) exploring opportunities to facilitate the Parties’ work in developing and enhancing SME export counselling, assistance and training programs;
(i) encouraging investment in SMEs of both Parties to promote their development and access to international trade and investment;
(j) encouraging SMEs’ participation in platforms, such as web-based platforms, for business entrepreneurs and counsellors to share information and best practices to help SMEs link with international suppliers, buyers and other potential business partners;
(k) supporting SMEs’ digital-related skills development to enhance their participation in electronic commerce and digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(l) promoting the organization of trade promotion networks and business forums, and the joint implementation of seminars, conferences, symposiums, business roundtables or other related activities to explore business, industrial and technical opportunities and to inform SMEs of the benefits available to them under this Agreement;
(m) exchanging information on the development and implementation of incubators, accelerators, and SME support centers;
(n) facilitating the exchange of information on entrepreneurship education programs for equity-deserving groups designed to promote the entrepreneurial environment in the territories of the Parties;
(o) improving SMEs’ access to participation in leadership, entrepreneurship, science, technology, and innovation-related business and trade, including education in science, technology, engineering, mathematics and business, particularly SMEs owned or operated by women and other equity deserving groups;
(p) sharing best practices and information on establishing and promoting SMEs, and micro, small and medium sized cooperatives, access to international networks, markets and supply chains;
(q) exchanging information and best practices on SME-related cybersecurity programs, cybersecurity and privacy regulations, standards, controls and conformity assessment measures to improve SMEs’ cybersecurity posture;
(r) developing initiatives to identify the attributes that SMEs must develop to be inserted in regional and global value chains;
(s) promoting greater access to information about the opportunities that regional and global value chains offer for SMEs;
(t) facilitating the joint generation of a list of sectors or activities with the potential to provide SMEs with the opportunity to participate in productive supply chains; and
(u) identifying priority sectors for business opportunities in the territory of the Parties, and developing strategies to identify opportunities, such as economic sectors with the potential for insertion into regional and global value chains and the development of productive chains.
6. The Parties shall collaborate within existing international forums in which both Parties participate to promote and advance the interests of SMEs and SMEs participation in international trade and investment, including at the WTO.
Article 23.5: Committee on SMEs
1. The Parties hereby establish a Committee on SMEs (“Committee”) composed of government representatives from each Party. The Committee shall consider gender equality while carrying out its activities, with the inclusive participation of women, including by seeking gender balance among Committee members.
2. To ensure ongoing engagement between the Parties, each Party shall promptly appoint a contact point and share the contact-related information with the other Party.
3. The Committee shall:
(a) identify ways to assist SMEs of each Party to take advantage of the commercial opportunities under this Agreement, including SMEs organized as cooperatives and SMEs that are legally owned by equity-deserving groups, and to strengthen SMEs’ competitiveness;
(b) exchange and discuss each Party’s experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, electronic commerce and digital trade, cooperative business practices, identifying commercial partners in the other Party, and establishing good business credentials;
(c) recommend additional information that a Party may include on the webpage referred to in Article 23.3;
(d) review and coordinate the Committee’s work program with the work of other committees, subcommittees, working groups, contact points and any other body established under this Agreement, as well as the work of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(e) collaborate with and encourage committees, subcommittees, working groups, contact points and any other body established under this Agreement to consider integrating SME-related activities into their work;
(f) review the implementation and operation of this Chapter and SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and SME assistance programs as appropriate;
(g) report on its activities or make appropriate recommendations to the Joint Committee, as appropriate, when the Joint Committee meets under Article
26.4 (Administrative and Institutional Provisions – Rules of Procedure of the Joint Committee);
(h) discuss current issues relating to SMEs; and
(i) consider any other matter pertaining to SMEs as the Committee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
4. The Committee shall convene, in person or by any other technological means available, within one year after this Agreement enters into force, and thereafter meet annually, unless the Parties decide otherwise.
5. The Committee may seek to collaborate with appropriate experts, international donor organizations, SMEs, including workers and business advocacy representatives and associations, in developing and carrying out its programs and activities.
Article 23.6: Provisions in the Agreement that Benefit SMEs
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 SME issues or that otherwise may be of particular benefit to SMEs. These consist of:
(a) Annex IV (Non-Conforming Activities);
(b) Article 11.21 (Government Procurement – Facilitation of Participation by Small and Medium Sized Enterprises); Annex 11-A (Schedule for Ecuador: Section F: General Notes); Annex 11-A (Schedule for Canada: Section F: General Notes);
(c) Article 14.11 (Transparency, Anti-Corruption and Responsible Business Conduct – Participation of Private Sector and Society);
(d) Section E (Investment - Expedited Arbitration), Article 15.21 (Investment – Request for Consultations); Article 15.22 (Investment – Mediation); Article 15.23 (Investment – Submission of a Claim to Arbitration);
(e) Article 20.23 (Telecommunications – Promoting and Improving Telecommunications Connectivity);
(f) Article 21.14 (Digital Trade – Open Government Data); Article 21.15 (Digital Trade – Digital Inclusion); and
(g) Article 25.2 (Good Regulatory Practices – General Provisions); Article 25.4 (Good Regulatory Practices – Internal Coordination of Regulatory Development); Article 25.6 (Good Regulatory Practices – Regulatory Impact Assessment); Article 25.11 (Good Regulatory Practices – Cooperation).
Article 23.7: Non-Application of Dispute Settlement
A Party shall not have recourse to dispute settlement under Chapter 27 (Dispute Settlement) for any matter arising under this Chapter. The Parties shall make all possible efforts, through dialogue, consultations and cooperation, to resolve any matter that may arise in regard to the interpretation and application of this Chapter.
Chapter 24. TRADE AND INDIGENOUS PEOPLES
Article 24.1: General Provisions
1. For the purposes of this Chapter, Indigenous Peoples means “Indigenous Peoples” as defined in Article 1.8 (Initial Provisions and General Definitions – Country-Specific Definitions).
2. The Parties acknowledge that improving Indigenous Peoples’ access to international trade and investment opportunities enhances Indigenous Peoples’ ability to participate in and benefit from economic activity.
3. Each Party recognize the importance of identifying, reducing and removing barriers to the participation of Indigenous Peoples in international trade and investment, and of ensuring the coherence, coordination and implementation of its respective measures, policies, programs and projects to increase international trade and investment opportunities for, by and between Indigenous Peoples.
4. The Parties recognize and respect the significance of national and regional particularities and the various historical and cultural backgrounds of Indigenous Peoples, as well as the need to respect, protect and promote the full enjoyment of the rights of Indigenous Peoples as recognized under applicable international or domestic law, including those relating to:
(a) the maintenance and development of Indigenous Peoples’ economic systems and activities;
(b) Indigenous knowledge, heritage, traditions, cultural expressions and identities;
(c) resources, lands and territories; and
(d) being free from discrimination, including with respect to their participation in international trade.
5. The Parties affirm their commitment to respect, promote, and advance the rights of Indigenous Peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the United Nations General Assembly on 13 September 2007.
6. The Parties affirm their commitment to the United Nations 2030 Agenda for Sustainable Development and the importance of achieving the Sustainable Development Goals given their relevance for Indigenous Peoples, including how they relate to the protection of lands, waters, and natural resources and how they support the conditions for sustainable and inclusive economic development.
Article 24.2: Non-Derogation
A Party shall not weaken or reduce protections for Indigenous Peoples in its laws and regulations, so as to encourage international trade and investment between the Parties, or between the Parties and a non-party.
Article 24.3: Responsible Business Conduct and Indigenous Peoples
1. Each Party shall encourage businesses operating within its territory or subject to its jurisdiction to incorporate into their internal policies and practices those internationally recognised standards, guidelines, and principles of responsible business conduct that have been endorsed, supported, or observed by that Party.
2. The Parties recognize that businesses operating within the territory of a Party or subject to a Party’s jurisdiction must comply with the laws and regulations of the host
State concerning the rights of Indigenous Peoples that are recognized and affirmed in this Agreement and under international treaties and agreements to which a Party is a party.
Article 24.4: Cooperation Activities to Facilitate Indigenous Peoples’ Participation in Trade and Investment
1. The Parties acknowledge the importance of implementing measures designed to foster and enhance the active participation of Indigenous Peoples in domestic and international economic activity to fully access and benefit from the opportunities created by this Agreement.
2. The Parties recognize the benefit of sharing their respective experiences and the experiences of Indigenous Peoples in designing, implementing, monitoring, and strengthening policies and programs to promote and enhance Indigenous Peoples’ participation in international trade and investment, including government procurement opportunities.
3. The Parties shall undertake cooperation based on the following principles:
(a) reconciliation;
(b) respect and partnership;
(c) equity, diversity and gender balance;
(d) accountability and transparency; and
(e) openness, flexibility, pragmatism and decision-making.
4. The Parties shall undertake cooperation activities that are designed to facilitate dialogue, and to enhance the ability of Indigenous businesses to fully access and benefit from the opportunities created by this Agreement.
5. The Parties shall endeavour to facilitate joint activities between their relevant government bodies and Indigenous organizations or other groups as appropriate, so that the opportunities created by this Agreement may more effectively support the objectives, priorities, and interests of Indigenous Peoples. These cooperation activities may include:
(a) exchanging information, expertise, and best practices to foster and enhance the participation of Indigenous owned micro, small and medium-sized enterprises in international trade, including with respect to clean technology;
(b) collaborating to improve the capacity of, and conditions for, Indigenous Peoples, including workers and entrepreneurs, to access supply chains, as well as digital, financial, and trade literacy knowledge and skills;
(c) collaborating to promote the development of Indigenous Peoples’ capacity to undertake market research, as well as sharing best practices related to export readiness;
(d) exchange best practices on promoting Indigenous women-owned businesses and entrepreneurs, including activities to support the internationalization of small and medium-sized enterprise, including cooperatives and social enterprises;
(e) working with Indigenous Peoples in identifying barriers to their participation in international trade and investment, designing strategies to reduce or remove those barriers, and improving access to capital and financing, including export financing;
(f) advancing Indigenous Peoples’ use of digital trade to sell Indigenous products and services domestically and internationally;
(g) exploring opportunities facilitated by each Party, to work on developing and enhancing export counselling, market research, training and networking programs, such as trade missions and events;
(h) considering ways to encourage and facilitate trading relationships between Indigenous Peoples, including through the promotion of international trade and investment, the design of programs to encourage capacity building and skills enhancement;
(i) discussing ways to promote and facilitate investment in Indigenous communities to support their growth, infrastructure, and businesses;
(j) exchanging expertise and best practices to advance and promote responsible business conduct practices in a manner that integrates considerations important to Indigenous Peoples;
(k) exchanging information, expertise, and best practices on approaches for the development of domestic instruments or processes that facilitate the ability of Indigenous Peoples to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions as well as the manifestations of their sciences, technologies and cultures;
(l) exploring opportunities for the promotion and development of responsible and sustainable tourism among public and private sectors and local communities;
(m) sharing methods and best practices for monitoring and assessing Indigenous Peoples’ participation in international trade; and
(n) any other activity as decided by the Parties.
6. The Parties shall invite Indigenous organizations and other relevant institutions,1 as appropriate, to assist with the development and implementation of cooperation activities. The Parties may also invite international donor institutions, multilateral institutions, foundations, private sector companies, non-governmental organizations, as appropriate, to assist with the development and implementation of cooperation activities.
7. Within one year of the entry into force of this Agreement, each Party shall publish information on a webpage to promote the awareness of the opportunities created by this Agreement for Indigenous Peoples, including a list of activities planned or undertaken under this Article, and regularly update and maintain the webpage, as appropriate.
8. The Parties may seek to cooperate in international and multilateral fora to advance the participation of Indigenous Peoples in international trade, including at the WTO.
Article 24.5: Trade and Indigenous Peoples Committee
1. The Parties hereby establish a Trade and Indigenous Peoples Committee, composed of representatives from each Party, responsible for matters covered by this Chapter. Each Party shall invite representatives of Indigenous institutions, as appropriate, including Indigenous rights holders and partners to participate in activities of the Committee.
2. The Trade and Indigenous Peoples Committee shall consider any matters related to the implementation and operation of this Chapter.
3. The Trade and Indigenous Peoples Committee shall aim to integrate gender-related commitments, considerations, and activities into its work.
1 For Ecuador, “Indigenous organizations” also include Afro-Ecuadorian people and Montubios organizations.
For Canada, “Indigenous organizations” also includes Modern Treaty and Self-Governing Nations.
4. The Trade and Indigenous Peoples Committee shall convene, in person or by any other technological means available, within one year after the date of the entry into force of this Agreement, and thereafter as decided by the Parties to consider any matters arising under this Chapter.
5. In carrying out its activities, the Trade and Indigenous Peoples Committee shall:
(a) determine and facilitate the joint activities under Article 24.4;
(b) monitor the progress in the implementation of the cooperation initiatives undertaken under Article 24.4, and facilitate the exchange of information, expertise, and best practices on the Parties’ and Indigenous Peoples’ experiences and lessons learned through those activities;
(c) exchange information, expertise, and best practices on each Party’s experiences with respect to the establishment, implementation, and evaluation of policies, programs, and projects or other measures in order to achieve the greatest possible benefit under this Chapter;
(d) exchange information, expertise, and best practices on each Party’s experiences and best practices in supporting Indigenous Peoples engaged in international trade and investment with respect to, among other things, the promotion of international trade and investment between Indigenous Peoples, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the other Party, and establishing good business credentials and expertise;
(e) consider inviting public submissions, as appropriate, from interested persons and organizations on issues relating to Indigenous Peoples and international trade and investment;
(f) if required, invite relevant experts or representatives of organizations to the Trade and Indigenous Peoples Committee meetings to provide information and advice, including with respect to the development and implementation of joint activities; and, if requested, provide advice and guidance to other committees or subsidiary bodies established under this Agreement regarding matters related to Indigenous Peoples and international trade and investment;
(g) consider any other matter pertaining to international trade and investment and Indigenous Peoples as the Trade and Indigenous Peoples Committee may decide and in collaboration with other subsidiary bodies, including issues raised by Indigenous Peoples or their representatives, with respect to the operation of this Agreement.
6. The Trade and Indigenous Peoples Committee shall make its reports publicly available with respect to its activities under this Chapter.
7. In carrying out its activities, the Trade and Indigenous Peoples Committee may work with subsidiary bodies established under this Agreement and may seek to establish dialogue with Indigenous organizations and groups with respect to matters arising under this Chapter.
Article 24.6: Contact Points
1. Each Party shall designate a contact point from its relevant authorities within 90 days of the 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. 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 Trade and Indigenous Peoples Committee meetings;
(c) report to the Trade and Indigenous Peoples Committee, as appropriate; and
(d) work jointly, including with other appropriate agencies of their governments, to develop and implement activities and areas of cooperation.
Article 24.7: Provisions in the Agreement that Benefit Indigenous Peoples
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 Indigenous economic issues or that otherwise may contribute to further enhance the participation of Indigenous Peoples in international trade and investment opportunities derived from this Agreement.
Article 24.8: Non-Application of Dispute Settlement Mechanism
1. The Parties shall make all possible efforts, through dialogue, consultations, and cooperation within the Trade and Indigenous Peoples Committee, to resolve any matter that may arise relating to this Chapter.
2. A Party shall not have recourse to dispute settlement under Chapter 27 (Dispute Settlement) for a matter arising under this Chapter.
Chapter 25. GOOD REGULATORY PRACTICES
Article 25.1: Definitions
For the purposes of this Chapter:
good regulatory practices means the use of best practices in the process of planning, developing, issuing, implementing and reviewing regulations in order to facilitate the achievement of domestic policy objectives;
regulation means a measure of general application adopted, issued, or maintained by a regulatory authority with which compliance is mandatory, except as set out in Annex 25-A; and
regulatory authority means an administrative authority or agency at the Party’s central level of government that develops, proposes or adopts a regulation, except as set out in Annex 25-A, and does not include legislatures or courts.
Article 25.2: General Provisions
1. The Parties recognize that implementation of government-wide practices to promote regulatory quality through greater transparency, objective analysis, accountability, and predictability can facilitate international trade, investment, and economic growth, while contributing to each Party’s ability to achieve its policy objectives (including health, safety, and environmental goals) at the level of protection it considers appropriate. The Parties also recognize that the application of good regulatory practices can support the development of compatible regulatory approaches between the Parties, and reduce or eliminate unnecessarily burdensome, duplicative, or divergent regulatory requirements.
2. The Parties recognize the importance of:
(a) good regulatory practices in facilitating the increase of trade in goods and services, and investment between the Parties, as well as in maintaining and enhancing the benefits of cooperation promoted by the Parties under this Agreement;
(b) each Party’s sovereign right to identify its regulatory priorities and to establish and implement regulations to address these priorities, in the areas and levels of government that the Party considers appropriate;
(c) the role that regulation plays in achieving public policy objectives;
(d) taking into account input from interested persons in the development of regulations; and
(e) promoting and maintaining measures to minimize unintended inequities or disparities between groups of people likely to be impacted by a proposed regulation, including underrepresented groups in trade, as well as to minimize adverse impacts on the environment and small and medium-sized enterprises.
Article 25.3: Central Regulatory Coordinating Body or Mechanism
1. Recognizing that institutional arrangements are particular to each Party’s system of governance, the Parties note the important role of central regulatory coordinating bodies and mechanisms in promoting good regulatory practices; performing key advisory, coordination, and review functions to improve the quality of regulations; and developing improvements to their regulatory systems.
2. Each Party shall maintain its central regulatory coordinating body or mechanism, within its mandate and consistent with its law.
Article 25.4: Internal Coordination of Regulatory Development
1. The Parties recognize that internal processes or mechanisms providing for consultation, coordination, and review within and among domestic authorities in the development of regulations may vary between Parties. Accordingly, each Party shall endeavour to make descriptions of the operation of these mechanisms or processes publicly available, preferably online. The mechanisms or processes of each Party should have as overarching characteristics the ability to:
(a) review the Party’s proposed regulations to determine whether the Party has considered good regulatory practices in the preparation of the regulations, which may include, but are not limited to those set out in this Chapter, and make recommendations based on that review;
(b) strengthen consultation and coordination among domestic authorities to identify potential overlap and duplication and prevent the creation of inconsistent requirements across authorities;
(c) make recommendations for government-wide regulatory improvements;
(d) publicly report on regulations that have been reviewed and on any proposals for government-wide regulatory improvement;
(e) review regulations early in the development process to support compliance with international trade and investment obligations undertaken by the Party, including, as appropriate, consideration of relevant international standards, guides, and recommendations; and
(f) promote consideration of regulatory impacts of information collection and implementation, including burdens on small and medium-sized enterprises.
Article 25.5: Early Planning
Each Party shall publish online on an annual basis a list of regulations that it reasonably expects its regulatory authorities to adopt or propose to adopt within the following 12 months. Each regulation identified in the list should be accompanied by:
(a) a concise description of the planned regulation;
(b) a point of contact for a knowledgeable individual in the regulatory authority responsible for the regulation;
(c) an indication, if known, of sectors to be affected and whether there is any expected significant effect on international trade or investment; and