1. The Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement.
2. With a view to facilitating and increasing bilateral trade, the Parties shall seek to enhance their cooperation in the area of sanitary and phytosanitary measures and deepen their mutual understanding and awareness of their respective systems.
3. The Parties shall seek to identify initiatives for cooperation on regulatory issues, such as bilateral recognition of equivalence, harmonisation based on international standards, guidelines and recommendations, or other cooperative arrangements.
4. The Parties shall, upon request, enter into consultations with the aim of achieving bilateral and multilateral agreements on recognition of the equivalence of specified sanitary or phytosanitary measures.
Article 6.5. Sub-committee on Sanitary and Phytosanitary Measures
1. The Parties hereby establish a Sub-Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as "the Sub-Committee on SPS Measures") comprising representatives of each Party who have responsibility for sanitary and phytosanitary matters. The Sub-Committee on SPS Measures shall report to the Joint Committee of its activities.
2. The Sub-Committee on SPS Measures shall provide a forum for:
(a) consulting on matters related to the development or application of sanitary and phytosanitary measures that affect, or may affect, trade between the Parties;
(b) coordinating technical cooperation programmes on sanitary and phytosanitary matters;
(c) enhancing bilateral understanding on issues and agendas for meetings of the Committee on Sanitary and Phytosanitary Measures of the WTO and the other relevant international organisations referred to in the SPS Agreement, including specific implementation issues thereof;
(d) reviewing progress on addressing sanitary and phytosanitary matters that may arise between the Parties' competent authorities that are responsible for such matters; and
(e) discussing matters with a view to reaching a consensus related to consultation procedure referred to in subparagraph (a).
3. The Sub-Committee on SPS Measures shall meet in a period no later than one year after the date of entry into force of this Agreement. The rules of procedure of the Sub-Committee on SPS Measures shall be determined in its first meeting.
4. The Sub-Committee on SPS Measures shall inform the Joint Committee about the rules of procedure.
5. The Sub-Committee on SPS Measures shall meet on the request of either Party. By mutual agreement, ad hoc working groups may be established if necessary.
Article 6.6. Competent Authorities and Contact Points
1. The Competent Authorities and the Contact Points responsible for the implementation of the measures referred to in this Chapter are listed in Annex 6-1. 2. The Parties shall inform each other of any significant changes in the structure, organisation and division of the competency of its Competent Authorities and Contact Points.
Article 6.7. Cooperation
1. The Parties shall explore opportunities for further cooperation, collaboration and information exchange on sanitary and phytosanitary matters of mutual interest consistent with the provisions of this Chapter. Such opportunities include technical assistance, capacity building and facilitation of market access for products of interest.
2. The Parties agree to cooperate to facilitate the implementation of this Chapter.
Article 6.8. Dispute Settlement
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement) for any disputes or differences arising from this Chapter.
Chapter 7. Technical Barriers to Trade
Article 7.1. Objectives
The objectives of this Chapter are to increase and facilitate bilateral trade, by preventing and eliminating unnecessary obstacles to trade and enhancing bilateral cooperation in accordance with the rights and obligations of the Parties with respect to the WTO Agreement on Technical Barriers to Trade and its Annexes (hereinafter referred to as "TBT Agreement").
Article 7.2. Scope and Coverage
1. Except as provided in paragraphs 2 and 3, this Chapter applies to all standards, technical regulations, and conformity assessment procedures that may, directly or indirectly, affect trade in goods between the Parties.
2. This Chapter does not apply to sanitary and phytosanitary measures which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).
3. This Chapter does not apply to purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies.
Article 7.3. Reaffirmation of Tbt Agreement
The Parties reaffirm their existing rights and obligations with respect to each other under the TBT Agreement.
Article 7.4. International Standards
1. The Parties reconfirm their obligations under Article 4.1 of the TBT Agreement to ensure that the standardising bodies of the Parties accept and comply with the Code of Good Practice for the Preparation and Adoption of Standards in Annex 3 to the TBT Agreement, and also have regard to the principles set out in Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/rev.11, 16 December 2013, Annex B (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement), issued by the TBT Committee of the WTO.
2. The Parties shall use relevant international standards, guides and recommendations as a basis for technical regulations and conformity assessment procedures in accordance with Articles 2.4 and 5.4 of the TBT Agreement.
Article 7.5. Equivalence of Technical Regulations
Consistent with the TBT Agreement, each Party shall give positive consideration to accepting as equivalent, technical regulations of the other Party, even if these regulations differ from its own, provided that those technical regulations produce outcomes that are equivalent to those produced by its own technical regulations in meeting its legitimate objectives and achieving the same level of protection.
Article 7.6. Trade Facilitation
1. The Parties shall work cooperatively in the fields of standards, technical regulations and conformity assessment procedures with a view to facilitating trade between the Parties.
2. To this end, the Parties shall seek to identify trade facilitating bilateral initiatives regarding standards, technical regulations and conformity assessment procedures that are appropriate for particular issues or sectors. Such initiatives may include:
(a) cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards;
(b) alignment with international standards;
(c) reliance on a supplier's declaration of conformity;
(d) use of accreditation to qualify conformity assessment bodies; and
(e) cooperation through recognition of conformity assessment procedures.
Article 7.7. Conformity Assessment Procedures and Accreditation
1. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures conducted in the territory of the other Party, including:
(a) voluntary arrangements between conformity assessment bodies from each Party's territory;
(b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the other Party's territory;
(c) unilateral recognition by one Party of the results of conformity assessments procedures performed in the other Party's territory; (d) accreditation procedures for qualifying conformity assessment bodies and promotion of the recognition of accreditation and certification bodies under international mutual recognition arrangements;
(e) government designation of conformity assessment bodies;
(f) reliance on a supplier's declaration of conformity, where appropriate; and
(g) use of regional and international multilateral recognition agreements and arrangements which the Parties are party to.
2. Having regard to paragraph 1, the Parties undertake:
(a) to intensify their exchange of information on these and similar mechanisms with a view to facilitating the acceptance of conformity assessment results;
(b) to exchange information on conformity assessment procedures, and in particular on the criteria used to select appropriate conformity assessment procedures for specific products;
(c) to exchange information on accreditation policy, and to consider how to make best use of international standards for accreditation, and international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation and the International Accreditation Forum; and (d) in line with Article 5.1.2 of the TBT Agreement, to require conformity assessment procedures that are not more strict than necessary.
3. In consideration of the recognition of the broad range of mechanisms to facilitate the acceptance of the results of a conformity assessment procedure and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.
4. Each Party shall accredit, approve, license, or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory, to the extent of each other's obligations under International Laboratory Accreditation Cooperation and the International Accreditation Forum.
Article 7.8. Transparency
1. The Parties acknowledge the importance of transparency in decision-making, including providing a meaningful opportunity for persons to provide comments on proposed technical regulations and conformity assessment procedures. Where a Party publishes a notice under Article 2.9 or 5.6 of the TBT Agreement, it shall:
(a) include in the notice a statement describing the objective of the proposed technical regulation or conformity assessment procedure and the rationale for the approach the Party is proposing; and
(b) transmit the proposal electronically to the other Party through the enquiry point the Party has established under Article 10 of the TBT Agreement at the same time as it notifies WTO Members of the proposal pursuant to the TBT Agreement. Each Party should allow at least 60 days after it transmits a proposal under subparagraph (b) for the public and the other Party to make comments in writing on the proposal.
2. Where a Party makes a notification under Article 2.10 or 5.7 of the TBT Agreement, it shall at the same time transmit the notification to the other Party electronically through the enquiry point referenced in subparagraph 1(b).
3. Upon request, a Party shall provide the other Party information regarding the objective of, and rationale for, a standard, technical regulation or conformity assessment procedure that it has adopted or is proposing to adopt.
Article 7.9. Technical Cooperation
With a view to fulfilling the objectives of this Chapter, the Parties shall, upon request of either Party and where possible, cooperate towards:
(a) exchanging information on legislation, regulations, rules and other materials and periodicals published by the national bodies responsible for technical regulations, standards, conformity assessment, metrology and accreditation;
(b) exchanging general information and publications on conformity assessment, certification bodies, including notified bodies, designation and accreditation of conformity assessment bodies;
(c) providing technical advice, information and assistance on mutually agreed terms and conditions and exchanging experience to enhance the other Party's system for standards, technical regulations and conformity assessment procedures, and related activities;
(d) increasing the information exchange, particularly regarding non-compliance of a product in bilateral trade with relevant technical regulations and conformity assessment procedures of a Party;
(e) examining the compatibility and/or equivalence of their respective technical regulations, standards and conformity assessment procedures;
(f) giving favourable consideration, on request of the other Party, to any sector specific proposal for further cooperation;
(g) promoting and encouraging bilateral cooperation between respective organisations, public and/or private, of the Parties responsible for standardisation, testing, certification, accreditation and metrology;
(h) increasing their bilateral cooperation in the relevant international organisations and fora dealing with the issues covered by this Chapter; and (i) informing the other Party, as far as possible, about the agreements or programs subscribed at international level in relation to TBT issues.
Article 7.10. Sub-committee on Standards, Technical Regulations and Conformity Assessment Procedures
1. The Parties hereby establish a Sub-Committee on Standards, Technical Regulations and Conformity Assessment Procedures (hereinafter referred to as "Sub-Committee on TBT Matters"), comprising representatives of each Party.
2. For purposes of this Article, the Sub-Committee on TBT Matters shall be coordinated by: (a) in the case of Turkey, Directorate General for Product Safety and Inspection, Ministry of Economy, or its successor; and (b) in the case of Malaysia, the Department of Standards Malaysia, Ministry of Science, Technology and Innovation or its successor.
3. In order to facilitate the communication and ensure the proper functioning of the Sub-Committee on TBT Matters, the Parties will designate a contact point no later than two months following the date of entry into force of this Agreement.
4. The functions of the Sub-Committee on TBT Matters shall include:
(a) monitoring the implementation and administration of this Chapter;
(b) promptly addressing any issue that a Party raises related to the development, adoption, application or enforcement of technical regulations and conformity assessment procedures;
(c) enhancing cooperation in the development and improvement of technical regulations and conformity assessment procedures;
(d) exchanging information on standards, technical regulations and conformity assessment procedures, in response to all reasonable requests for such information from a Party;
(e) facilitating cooperation in the area of specific technical regulations by referring enquiries from a Party to the appropriate regulatory authorities;
(f) where appropriate, facilitating sectoral cooperation among governmental and non-governmental conformity assessment bodies in the Parties' territories;
(g) exchanging information on developments in non-governmental, regional, and multilateral fora engaged in activities related to standardisation, technical regulations and conformity assessment procedures;
(h) consulting on any matter arising under this Chapter upon a Party's request;
(i) reviewing this Chapter in light of any development under the TBT Agreement and developing recommendations for amendments to this Chapter in light of those developments;
(j) reporting to the Joint Committee on the implementation of this Chapter as it considers appropriate; and
(k) taking any other steps the Parties consider will assist them in implementing the TBT Agreement and in facilitating trade in goods between them.
5. The Sub-Committee on TBT Matters shall meet at least once a year, unless otherwise agreed by the Parties. By mutual agreement, ad hoc working groups may be established if necessary.
6. The rules of procedures of the Sub-Committee on TBT Matters shall be mutually agreed by the Parties. The Sub-Committee on TBT Matters shall inform the Joint Committee about its rules of procedure.
Article 7.11. Information Exchange
Any information or explanation provided upon request of a Party pursuant to the provisions of this Chapter shall be provided in print or in electronic form within a reasonable period of time agreed between the Parties.
Article 7.12. Dispute Settlement
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement) for any disputes and differences arising from this Chapter.
Chapter 8. Trade Remedies
Article 8.1. Definitions
For the purposes of this Section:
(a) domestic industry means, with respect to an imported product, the producers as a whole of the like or directly competitive product or those producers whose collective production of the like or directly competitive product constitutes a major proportion of the total domestic production of such product;
(b) provisional measure means a provisional bilateral safeguard measure described in Article 8.5 (Provisional Measures);
(c) safeguard measure or safeguard measures means a transitional bilateral safeguard measure or measures described in Article 8.2 (Application of Safeguard Measures);
(d) serious injury means a significant overall impairment in the position of a domestic industry;
(e) threat of serious injury means serious injury that is clearly imminent and shall be determined on the basis of facts and not merely on allegation, conjecture or remote possibility; and
(f) transition period, in relation to a particular product, means the period from the entry into force of this Agreement until two years after the date on which the customs duty on that product is to be eliminated in accordance with Annex 3-1.
Article 8.2. Application of Safeguard Measures
During the transition period, if as a result of the reduction or elimination of a customs duty pursuant to this Agreement, an originating product of a Party is being imported into the other Party's territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry producing like or directly competitive products, the other Party may, to the extent necessary to prevent or remedy serious injury and facilitate adjustment, apply a safeguard measure consisting of:
(a) the suspension of the further reduction of any rate of customs duty provided for under this Agreement on the originating product from the date on which the action to apply the safeguard measure is taken; or
(b) an increase of the rate of customs duty on the originating product to a level not to exceed the lesser of:
(i) the MFN applied rate of customs duty in effect on the date on which the action to apply the safeguard measure is taken; or
(ii) the MFN applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement.
Article 8.3. Scope and Duration of Safeguard Measures
1. A Party shall apply a safeguard measure for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. A Party may apply a safeguard measure for an initial period of no longer than two years. The period of a safeguard measure may be extended by up to one year provided that the conditions of this Chapter are met and that the safeguard measure continues to be applied to the extent necessary to prevent or remedy serious injury and that there is evidence that the industry is adjusting. The total period of a safeguard measure, including any extensions thereof, shall not exceed three years.
2. Regardless of its duration or whether it has been subject to extension, a safeguard measure on a product shall terminate at the end of the transition period for such product. No new safeguard measure may be applied to a product after the end of the transition period.
3. In order to facilitate adjustment in a situation where the proposed duration of a safeguard measure is over one year, the Party applying the safeguard measure shall progressively liberalise it at regular intervals during the application of the safeguard measure, including at the time of any extension.
4. A Party shall not apply a safeguard or provisional measure again on the same originating product.
5. An investigation shall be promptly terminated without any bilateral safeguard measure being applied if imports of the originating good represent less than eight % of total imports.
6. A Party shall not apply a safeguard or provisional measure on an originating product that is subject to a measure that the Party has applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards (hereinafter referred to as the "Safeguards Agreement"), or the WTO Agreement on Agriculture or Article VI of GATT 1994 and the WTO Agreement on Implementation of Article VI of GATT 1994 (hereinafter referred to as the "Anti-dumping Agreement").
7. When a Party intends to apply, pursuant to Article XIX of GATT 1994 and the Safeguards Agreement, or the WTO Agreement on Agriculture or Article VI of GATT 1994 and the Anti-dumping Agreement, a measure on a product to which a safeguard measure is being applied, it shall terminate the safeguard measure prior to the imposition of the action to be applied pursuant to Article XIX of GATT 1994 and the Safeguards Agreement, or the WTO Agreement on Agriculture or Article VI of GATT 1994 and the Anti-dumping Agreement.
8. On the termination of a safeguard measure, the Party that applied the measure shall apply the rate of customs duty in effect as set out in its Tariff Schedule as specified in Annex 3-1 on the date of termination as if the safeguard measure had never been applied.
Article 8.4. Investigation
1. A Party may apply or extend a safeguard measure only following an investigation by the Party's competent authorities in accordance with the same procedures as those provided for in Articles 3 and 4.2 of the Safeguards Agreement.
2. The investigation shall include reasonable public notice to all interested parties and public hearings or other appropriate means in which importers, exporters and other interested parties could present evidence and their views, including the opportunity to respond to the presentations of other parties and to submit their views, inter alia, as to whether or not the application of a safeguard measure would be in the public interest.
3. An investigation shall as far as possible be completed within 180 days after being initiated but in no case shall exceed one year. A Party shall prior to the 180th day notify the other Party of the expected duration of the investigation, if the investigation is likely to take more than 180 days to complete. Upon completion of an investigation, the competent authorities shall promptly publish a report setting forth their findings and reasoned conclusions reached on all pertinent issues of fact and law.
4. Each Party shall ensure the consistent, impartial and reasonable administration of its laws, regulations, decisions and rulings relating to all safeguard investigation proceedings.
5. Each Party shall adopt or maintain equitable, timely, transparent and effective procedures for safeguard investigation proceedings.
Article 8.5. Provisional Measures
1. In critical circumstances where delay would cause damage which would be difficult to repair, a Party may apply a provisional measure, which shall take the form of the measure set out in paragraphs (a) or (b) of Article 8.2 (Application of Safeguard Measures), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating product of the other Party as a result of the reduction or elimination of a duty pursuant to this Agreement have caused or are threatening to cause serious injury.
2. The duration of a provisional measure shall as far as possible not exceed 120 days, but shall not extend beyond 200 days, during which period the pertinent requirements of Articles 8.1 (Definitions) to 8.4 (Investigation) shall be met. The duration of any such provisional measure shall be counted as part of the total period referred to in Article 8.3 (Scope and Duration of Safeguard Measures).
3. Any additional customs duties collected as a result of such provisional measure shall be promptly refunded if the subsequent investigation referred to in Article 8.4 (Investigation) does not determine that increased imports of an originating product of the other Party have caused or threatened to cause serious injury to a domestic industry. In such a case, the Party that applied the provisional measure shall apply the rate of customs duty set out in its Tariff Schedule in Annex 3-1 as if the provisional measure had never applied.
Article 8.6. Notification and Consultation
1. A Party shall promptly notify the other Party, in writing, upon:
(a) initiating an investigation under Article 8.4 (Investigation);
(b) making a finding of serious injury or threat thereof caused by increased imports of an originating product of the other Party as a result of the reduction or elimination of a customs duty on the product pursuant to this Agreement;
(c) taking a decision to apply or extend a safeguard measure, or to apply a provisional measure; and
(d) taking a decision to progressively liberalise a safeguard measure previously applied.
2. A Party shall provide to the other Party a copy of the public version of the report of its competent authorities required under paragraph 1 of Article 8.4 (Investigation) immediately after it is available.
3. In the written notice referred to in paragraph 1(a), the reason for the initiation of the investigation, a precise description of an originating product subject to the investigation and its subheading or more detailed level of the HS, the period subject to the investigation and the date of initiation of the investigation shall be included.
4. In notifying under paragraphs 1(b) and (c), the Party applying or extending a safeguard measure shall also provide evidence of serious injury or threat thereof caused by increased imports of an originating product of the other Party as a result of the reduction or elimination of a customs duty pursuant to this Agreement; a precise description of the product involved and its subheading or more detailed level of the HS; the details of the proposed safeguard measure; and the date of introduction, duration and timetable for progressive liberalisation of the measure, if such timetable is applicable. In the case of an extension of a safeguard measure, evidence that the domestic industry concerned is adjusting shall also be provided. Upon request, the Party applying or extending a safeguard measure shall to the extent possible provide additional information as the other Party may consider necessary.
5. A Party proposing to apply or extend a safeguard measure shall provide adequate opportunity for prior consultations with the other Party, with a view to, inter alia, reviewing the information provided under paragraph 4, exchanging views on the safeguard measure and reaching an agreement on compensation as set forth in paragraph 1 of Article 8.7 (Compensation).
6. Where a Party applies a provisional measure referred to in Article 8.5 (Provisional Measures), on request of the other Party, consultations shall be initiated immediately after such application.
7. The provisions on notification in this Article shall not require a Party to disclose confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.
Article 8.7. Compensation
1. A Party proposing to apply a safeguard measure shall, in consultation with the other Party, provide to the other Party mutually agreed trade compensation in the form of substantially equivalent concessions during the period of application of the safeguard measure. Such consultations shall begin within 30 days of the decision to apply the safeguard measure and, in accordance with paragraph 5 of Article 8.6 (Notification and Consultation), shall take place prior to the application of the safeguard measure.
2. If the Parties are unable to reach agreement on compensation within 30 days of the commencement of the consultations, the exporting Party shall be free to suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure.
3. A Party shall notify the other Party in writing at least 30 days before suspending concessions under paragraph 2.
4. The right of suspension referred to in paragraph 2 shall not be exercised for the first two years during which a bilateral safeguard measure is in effect, provided that the measure has been taken as a result of an absolute increase in imports.
Article 8.8. Dispute Settlement
1. Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement). Any issue, difference or dispute between the Parties concerning the interpretation, implementation or application of any of the provisions of this Section shall be settled amicably through consultation and negotiation between the Parties pursuant to Article 8.6 (Notification and Consultation).
2. Any issue, difference or dispute between the Parties in respect of this Section, which cannot be resolved by the Parties pursuant to paragraph 1, shall be referred to the Joint Committee. GLOBAL SAFEGUARDS
Article 8.9. Global Safeguards
1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement, and any other relevant provisions in the WTO Agreement, and their successors.
2. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement, and their successors. 3. Chapter 11 (Institutional Provisions) and Chapter 12 (Dispute Settlement) shall not apply to this Section. ANTI-DUMPING MEASURES
Article 8.10. General Provisions
1. The Parties maintain their rights and obligations under Article VI of GATT 1994 and the Anti-Dumping Agreement.
2. Except otherwise stipulated in this Section, this Agreement does not confer any additional rights or obligations on the Parties with regard to the initiation and conduct of dumping investigations as well as the application of anti-dumping measures, referred to in paragraph 1.
Article 8.11. Lesser Duty
If a Party takes a decision to impose anti-dumping duties on the condition that the level of anti-dumping duty is sufficient to remove the injury, that Party is expected to impose a duty lesser than the dumping margin.
Article 8.12. Recommendations of the Wto Committee on Anti-dumping Practices
Each Party may, in all investigations conducted against goods from the other Party, take into account the recommendations of the WTO Committee on Anti-Dumping Practices.
Article 8.13. Notification
1. After the initiation of an anti-dumping investigation, the initiating Party shall provide the notification required by Article 12.1.1 of Anti-Dumping Agreement in writing as soon as possible to the other Party.
2. The Parties shall make the notifications under Article 5.5 of Anti-Dumping Agreement and cover letters related to mentioned notifications in English.
Article 8.14. Contact Point
1. Both Parties shall make the required notifications referred to under Article 8.13 (Notification) to investigating authorities in addition to the Embassies.
2. In case of any dispute regarding the date of the notification related to paragraph 1, the notification date sent to the Embassies is deemed as binding.
Article 8.15. Dispute Settlement
Chapter 11 (Institutional Provisions) and Chapter 12 (Dispute Settlement) shall not apply to this Section. COOPERATION IN PREVENTING CIRCUMVENTION
Article 8.16. Areas of Cooperation
1. The Parties shall endeavour to cooperate in preventing circumvention of trade remedies. The areas of cooperation are as follows:
(a) forwarding questionnaires and other documents to interested parties;
(b) exchanging information about firms and whole sector;
(c) exchanging trade data and similar information regarding products under circumvention investigation; and
(d) any other possible areas to be mutually agreed by the Parties.
2. Nothing in this Section shall be construed to require the other Party to furnish or allow access to confidential information pursuant to this Chapter the disclosure of which it considers would:
(a) be contrary to the public interest as determined by its laws;
(b) be contrary to any of its laws, including but not limited to, to those protecting personal data or financial affairs and accounts of individual customers of financial institution;
(c) impede law enforcement; and
(d) prejudice legitimate commercial interests, which may include competitive position of particular enterprises, public or private.
3. Where a Party provides information to the other Party in accordance with this Section and designates the information as confidential, the Party receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and not disclose it without specific written permission of the Party providing the information.
4. Chapter 11 (Institutional Provisions) and Chapter 12 (Dispute Settlement) shall not apply to this Section. COUNTERVAILING MEASURES
Article 8.17. Countervailing Measures
1. Each Party shall retain its rights and obligations under the WTO Agreement on Subsidies and Countervailing Measures.
2. Chapter 11 (Institutional Provisions) and Chapter 12 (Dispute Settlement) shall not apply to this Section. COOPERATION
Article 8.18. Cooperation
1. The Parties shall explore opportunities for cooperation, collaboration and information exchange which is of mutual interest, consistent with the provisions of this Chapter. Such opportunities include technical assistance, capacity building and development of training programmes related to the administration of the trade remedy laws.
2. The Parties agree to cooperate to facilitate the implementation of this Chapter.
Chapter 9. Economic and Technical Cooperation
Article 9.1. Objectives
1. Without prejudice to the provisions of the existing agreements between the Parties in the fields of the trade, economic and technical cooperation, the Parties agree to establish a framework for cooperation as a means to expand and enhance the benefits of this Agreement to promote capacity building activities in areas of mutual interest.
2. The Parties will establish close cooperation, inter alia, at:
(a) promoting and enhancing economic and technical cooperation in accordance with the applicable laws and regulations between them;
(b) complementing existing and building new cooperative relationships between them;
(c) advancing human resources development, creating new opportunities for trade and investment, promoting competitiveness and innovation including the involvement, where appropriate, of their private sectors;
(d) contributing to the important role of their private sectors in promoting and building strategic alliances to encourage mutual economic growth and development;
(e) encouraging the presence of each other's goods, services and investments in their respective markets; and
(f) increasing and deepening the level of cooperation activities between them in areas of mutual interest.
Article 9.2. Scope
1. The Parties shall exert their best efforts to:
(a) focus on areas likely to bring the economies of the Parties closer;
(b) encourage capacity building and training programmes, which would assist in creating the necessary institutions and human resources for implementation of this Agreement;
(c) encourage joint-ventures, joint-investments and other forms of collaboration amongst their private sectors;
(d) promote joint marketing and promotion of the Parties' products and services in both countries' markets and third countries' markets.
2. The cooperation under the scope of this Agreement shall primarily involve, but not limited to the following areas referred in detail between Articles 9.3 to 9.17 of this Chapter:
(a) services;
(b) investment promotion;
(c) small and medium-sized enterprises (SMEs);
(d) trade development;
(e) agriculture and food industry;
(f) transportation;
(g) tourism;
(h) environment;
(i) research, development and innovation;
(j) intellectual property;
(k) health;
(l) energy;
(m) halal related areas;
(n) electronic commerce; and
(o) automotive.
3. The Parties may extend cooperation to other areas not covered by the provisions of this Chapter such as but not limited to education and human capital development, communications, science and technology. 4. Cooperation activities may include but not limited to:
(a) exchange of information;
(b) dialogues, conferences and seminars;
(c) development of joint research programs;
(d) encouraging private sector cooperation;
(e) technical, administrative and regulatory assistance; and
(f) encouragement of reciprocal participation in fairs and exhibitions.
5. Areas of cooperation may be developed through existing or new arrangements.
Article 9.3. Cooperation In Services
1. Recognizing the growing importance of services in the development and growth of their economies, and in compliance with the WTO General Agreement on Trade in Services (the "GATS") and within the bounds of their own fields of competence, the Parties will encourage the cooperation with each other in services sectors.
2. The Parties will determine the mutually beneficial sectors on which cooperation will concentrate. Cooperation will be aimed at promoting the productivity and competitiveness in services sector.
3. The Parties, considering the potential and capacities of their respective construction and construction related services shall explore opportunities of cooperation between their companies in Turkey and Malaysia, as well as in the third countries.
4. The Parties will encourage exchange of information on markets and activities in the respective fields between their private sectors.
Article 9.4. Cooperation In Investment Promotion between the Parties
The Parties recognise the importance of promoting investment and technology flows as a means of achieving economic growth and development. Without prejudice to the provisions of "Agreement between the Government of the Republic of Turkey and the Government of Malaysia for Reciprocal Promotion and Protection of Investments", the Parties agree to cooperate on, inter alia:
(a) discussing effective ways on investment promotion activities and capacity building;
(b) facilitating the provision and exchange of investment information including laws, regulations and policies to increase awareness of investment opportunities;
(c) encouraging and supporting investment promotion activities of each Party or their business sectors; and (d) encouraging the establishment of joint ventures or any form of collaborations between their private sectors with a view to promote investment in third countries.
Article 9.5. Cooperation between Small and Medium-sized Enterprises
With the view to further enhance trade and economic activities, the Parties shall give priority to promoting business and investment opportunities as well as joint ventures between their SMEs. Within this context, the Parties shall, inter alia:
(a) establish networking opportunities for Malaysian and Turkish SMEs to facilitate collaboration and exchange of experience, such as in the field of technology transfers, product quality improvements, supply chain linkages, access to financing for SMEs and technical assistance;
(b) facilitate investments between Malaysia and Turkey;
(c) share experience and improve understanding of each other's policies and operations through visits and discussions by government officials and professionals from Malaysia and Turkey;
(d) collaborate in assisting capacity building of high skilled workers and technicians such as in construction and construction related services, innovation, research and development, IT and manufacturing sectors;
(e) exchange expertise on entrepreneurship, management, research and management centres, quality and production standards;
(f) encourage relevant agencies to discuss and cooperate closely, especially in promoting the skills and development of workers and strengthen the dialogue between relevant institutions; and
(g) promote entrepreneurial networks of SMEs of respective countries, support cooperation between respective Chambers/Unions of Commerce/Industry and encourage establishment of networks among their appropriate entities that provide assistance to SMEs.
Article 9.6. Cooperation In Trade Development
Cooperation in trade development shall primarily focus on:
(a) developing, diversifying and increasing trade between the Parties and improving their competitiveness on domestic, regional and international markets;
(b) enhancing cooperation in customs and origin matters including vocational training in the customs field;
(c) promoting cooperation between business associations in both countries and encouraging their business circles to participate in fairs and exhibitions;
(d) developing capacity building, human resources and professional skills in the field of trade and related services in both public and private sectors;
(e) exchanging experts and information on:
(i) laws, regulations and best practices in relation to bilateral trade and investment;
(ii) best practices and methodologies for the development of manufacturing industries and free trade zone practices of the Parties; and
(iii) standardisation, conformity assessment, metrology and accreditation;
(f) promoting and facilitating the participation of consulting and contracting engineering companies, construction and construction related services in each other's development projects; and
(g) encouraging regional cooperation for the development of trade and trade-related infrastructure and services in third countries.
Article 9.7. Cooperation In Agriculture and Food Industry
Taking into account the importance of cooperation in agriculture and food industry for enhancement of bilateral economic and commercial relations, the Parties shall cooperate on, inter alia, the following fields:
(a) exchange of information, expertise and experts relating to agriculture and food industry;
(b) organisation of trainings, seminars, conferences and meetings;
(c) encouragement of establishment of joint activities;
(d) encouragement of trade and marketing of agricultural products as well as the investment on production and processing of agricultural products in both countries and third countries; and
(e) promotion of transfer of technology and know-how in agro-industry and food industry.
Article 9.8. Cooperation In Transportation
1. The Parties shall, to the extent possible, promote cooperation between enterprises, organisations and authorities, operating in the fields of land, maritime and air transport for the purposes of enhancing bilateral trade.
2. The Parties shall exchange information and expertise on logistics related to international trade.
Article 9.9. Cooperation In Tourism
The Parties shall cooperate on:
(a) encouraging cooperation between private and public tourism organisations, associations or unions;
(b) sharing of information on tourism opportunities, exhibitions, conventions and publications;
(c) exchanging of expertise and best practices in the field of tourism; and
(d) strengthening cooperation on tourism training.
Article 9.10. Cooperation In Environment
1. The work programme for environmental cooperation in areas of common global or domestic concern may include, among others:
(a) climate change;
(b) biodiversity and conservation of natural resources;
(c) management of hazardous chemicals;
(d) air quality;
(e) water management;
(f) waste management;
(g) marine and coastal ecological conservation and pollution control;
(h) strategic environmental impact assessment;
(i) management of water and sewerage systems;
(j) mining practices and mines rehabilitation; and
(k) improvement of environmental awareness.
2. The Parties agree to designate contact points for better implementation of this Article.
Article 9.11. Cooperation In Research, Development and Innovation
Cooperation in research, development and innovation will be realized through cooperation activities in sectors where mutual and complementary interests exist. Where possible, the Parties shall also encourage partnerships to develop innovative products and services as well as activities to promote linkage, innovation and technology exchange.
Article 9.12. Cooperation In Intellectual Property
1. The Parties agree to cooperate, according to their own capabilities and subject to the laws, regulations and policies on matters related to the practice, promotion, dissemination, management, protection and effective application of intellectual property rights, the prevention of abuse of such rights, the fight against counterfeiting and piracy, and the establishment and strengthening of national organisations for control and protection of such rights.
2. For the purposes of this Chapter, intellectual property rights refer to copyright and related rights, rights in trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits, and rights in plant varieties as defined and described in the Agreement on Trade Related Aspects of Intellectual Property Rights.
Article 9.13. Cooperation In Health
1. The Parties shall, to the extent possible, cooperate on:
(a) maternal and child health and reproductive healthcare services;
(b) sharing information on pharmaceuticals;
(c) sharing information on medicine training and practices and communication channel building between relevant drug regulatory authorities of the Parties;
(d) sharing information on food safety;
(e) sharing information and exchange of expertise in nutrition; and
(f) sharing information, expertise and best practices on healthcare travel.
2. The Parties will determine to work on any other areas or forms of cooperation in health and medicine to be mutually agreed upon.
Article 9.14. Cooperation In Energy
1. The Parties confirm that energy constitutes one of the possible fields of cooperation between the two countries. Therefore, the Parties agree on:
(a) exchanging information on improvement in energy use effectiveness;
(b) encouraging public and private sector cooperation; and
(c) promoting the use of alternate energy sources and renewable energy.
2. The Parties, considering the potential and capacities of their energy sectors, shall explore opportunities of cooperation between their companies in Turkey and Malaysia, as well as in third countries.
3. The Parties may explore cooperation opportunities in the fields of mining and mineral fuels.
Article 9.15. Cooperation In Halal Related Areas
The Parties shall cooperate to encourage promotion of Halal best practices. To this end, the Parties shall:
(a) share and exchange information, experience and expertise in relation to Halal best practices, methodologies, reference materials and research findings; and
(b) cooperate in specialized Halal related activities, trade events, conferences and seminars.
Article 9.16. Cooperation on Electronic Commerce
1. The Parties recognise the importance of electronic commerce to facilitate trade opportunities in various sectors. The private sector of both Parties should lead in the development of electronic commerce and in establishing business practices.
2. The Parties should avoid imposing unnecessary restrictions on electronic commerce. Government actions, when needed, should be transparent.
3. The Parties, according to their own capabilities shall work together to support the development of electronic commerce in the future through:
(a) encouraging bilateral discussions at experts level on issues regarding electronic commerce; and
(b) exchanging experiences and sharing best practices on electronic commerce related issues.
Article 9.17. Cooperation In Automotive
The Parties shall encourage cooperation between enterprises in the automotive sector to enhance, inter alia, the exchange of technical experts and sharing of knowledge and technology. The areas and forms of cooperation shall be determined by the enterprises and related organisations.
Article 9.18. Sub-committee on Economic and Technical Cooperation
1. For the purposes of this Chapter, the Parties hereby establish the Sub-Committee on Economic and Technical Cooperation.
2. The Sub-Committee on Economic and Technical Cooperation shall be:
(a) comprised of representatives of the Parties and may, by consensus, invite representatives of relevant entities other than the Governments with the necessary expertise relevant to the issues to be discussed; and
(b) co-chaired by officials of the Parties.
3. The Sub-Committee on Economic and Technical Cooperation shall be coordinated by:
(a) in the case of Malaysia, the Ministry of International Trade and Industry or its successor; and
(b) in the case of Turkey, Ministry of Economy or its successor.
4. In order to ensure the proper functioning of the Sub-Committee on Economic and Technical Cooperation, each Party shall designate a contact point no later than one month from the date of entry into force of this Agreement. Each Party will notify the other Party promptly of any change of contact point.
5. The Sub-Committee on Economic and Technical Cooperation shall:
(a) establish its working procedures;
(b) establish its work programme within four months from the date of entry into force of this Agreement;
(c) identify and discuss cooperative activities which might be undertaken under this Chapter;
(d) review and monitor the implementation and operation of this Chapter;
(e) exchange information on the field of cooperation;
(f) undertake any other functions within the context of this Chapter to foster cooperation including establishing working groups as the Parties may agree; and
(g) report periodically to the Joint Committee the results of its meetings.
6. The Sub-Committee on Economic and Technical Cooperation shall convene its inaugural meeting within one year after the entry into force of this Agreement and subsequently meet at a venue and time to be agreed by the Parties.
7. The Sub-Committee on Economic and Technical Cooperation may establish a working group for each field of cooperation under the Sub-Committee. The working groups shall meet at a venue and time to be agreed by the working groups.
Article 9.19. Financial Provisions
Any cooperation activity envisaged or undertaken under this Chapter shall be subject to the availability of resources and to the laws, regulations and policies of the Parties. Costs of cooperation activities shall be borne in such manner as may be mutually determined by the Parties.
Article 9.20. Dispute Settlement
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 12 (Dispute Settlement) for any disputes or differences arising from this Chapter.
Chapter 10. Transparency
Article 10.1. Definitions
For the purposes of this Chapter: Administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations and that is relevant to the implementation of this Agreement but does not include:
(a) a determination or ruling made in administrative or quasi-judicial proceedings that applies to a particular person, good, or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 10.2. Publication
1. Each Party shall exert its best efforts to ensure, wherever possible in electronic form, that its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons of the other Party to become acquainted with them.
2. Where possible, each Party shall, in accordance with its domestic law:
(a) publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and
(b) provide, where appropriate, interested persons and parties with a reasonable opportunity to comment on such proposed measures on their request.
Article 10.3. Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable manner all measures affecting matters covered by this Agreement and without prejudice to its domestic law, each Party shall ensure in its administrative proceedings applying measures referred in paragraph 1 of Article 10.2 (Publication) to particular persons, goods, or services of the other Party in specific cases that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in question;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with domestic law.
Article 10.4. Review and Appeal
1. Each Party shall, where warranted, establish or maintain judicial, quasi-judicial, or administrative tribunals, or procedures for the purposes of the prompt review and correction of final administrative actions regarding matters covered by this Agreement, other than those taken for prudential reasons. Such tribunals shall be independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall, in accordance with its domestic law, ensure that in any such tribunals or procedures, the parties to the proceedings are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record.
3. Each Party shall ensure, subject to appeal or further review as provided for in its domestic law that such decision shall be implemented by, and shall govern the practice of, the offices or authorities with respect to the administrative action at issue.
Article 10.5. Exchange of Information
1. Upon request and to the extent possible, each Party shall promptly provide information and reply to any question from the other Party of any proposed or actual measure that materially affects the operation of this Agreement or otherwise substantially affects the other Party's interests under this Agreement.
2. Any request or information under this Article shall be conveyed to the other Party through contact points.
3. Any information provided under this Article shall be provided normally within 60 days and shall be without prejudice as to whether the measure is consistent with this Agreement.
4. In the case of any inconsistency between the provisions of this Article and provisions relating to transparency in other Chapters, the latter shall prevail to the extent of the inconsistency.
Article 10.6. Contact Points
1. In order to facilitate communication between the Parties on any trade matter covered by this Agreement, the Parties hereby establish the following contact points:
(a) for the Republic of Turkey: Ministry of Economy, or its successor; and
(b) for Malaysia: Ministry of International Trade and Industry, or its successor.
2. On the request of either Party, the contact point of the other Party shall indicate the office or official responsible for the matter and provide the required support to facilitate communication with the requesting Party. Each Party shall notify the other Party of any changes of its contact point in due time.
Chapter 11. Institutional Provisions
Article 11.1. Joint Economic and Trade Council
A Joint Economic and Trade Council is hereby established which shall be co-chaired by Ministers in charge of foreign trade and meet at least once in every two years in accordance with the conditions laid down in its rules of procedure.
Article 11.2. Duties of the Joint Economic and Trade Council
The Joint Economic and Trade Council shall review the progress made in the implementation of this Agreement. It shall also examine any major issues arising within the framework of this Agreement including its economic and social impact and any other bilateral or international issues of mutual interest.
Article 11.3. Procedures of the Joint Economic and Trade Council
1. The Joint Economic and Trade Council shall consist of senior officials of the Parties. The Joint Economic and Trade Council may invite private sector representatives to its meetings upon its approval.
2. The Joint Economic and Trade Council shall establish its rules of procedures and financial arrangements.
3. The Joint Economic and Trade Council may take decisions on any matter related to this Agreement subject to the respective internal legal procedures of the Parties. The Joint Economic and Trade Council may also make recommendations on matters related to this Agreement.
4. The Joint Economic and Trade Council shall take decisions and make recommendations by the consensus of the Parties.
Article 11.4. Joint Committee
1. Subject to the powers of the Joint Economic and Trade Council, a Joint Committee is hereby established, in which each Party shall be represented by its senior officials. The Joint Economic and Trade Council may delegate to the Joint Committee, in full or in part, any of its powers.
2. For the objective of the proper implementation of this Agreement, the functions of the Joint Committee shall include, but not be limited to:
(a) review the implementation and operation of this Agreement;
(b) explore ways to enhance trade between the Parties and to further the objectives of this Agreement, including the possibility of further removal of restrictions to trade;
(c) establish sub-committees or working groups as it considers necessary to assist it in accomplishing its tasks and address specific issues;
(d) review, consider and, as appropriate, decide on specific matters related to the operation and implementation of this Agreement, including matters reported by sub-committees and working groups;
(e) supervise and coordinate the work of sub-committees and working groups established under this Agreement and call on technical experts on any matter falling within its functions;
(f) take decisions in the matters related to this Agreement, including decisions to adopt any amendment to this Agreement. The Joint Committee may also make recommendations to matters related to this Agreement. The Joint Committee shall take decisions and make recommendations by the consensus of the Parties. The decisions taken by the Joint Committee, including on any amendment to this Agreement shall be subject to the completion of the respective internal legal ratification procedures of the Parties;
(g) adopt any decisions and recommendations of the sub-committees where necessary;
(h) facilitate, as appropriate, the avoidance and settlement of disputes arising under this Agreement; and
(i) carry out any other functions as the Parties may agree.
3. The Joint Committee shall establish its rules and procedures.
4. The Joint Committee shall convene its inaugural meeting within one year after the entry into force of this Agreement. Its subsequent meetings shall be held at such frequency as the Parties may agree upon. Special meetings of the Joint Committee may be convened, as mutually agreed by both Parties, within 30 days upon the request of either Party. The Joint Committee shall convene alternately in Malaysia and Turkey, unless the Parties agree otherwise.
Article 11.5. Sub-committees
1. The following sub-committees established under this Agreement are subject to the powers of the Joint Committee:
(a) Sub-Committee on Trade in Goods;
(b) Sub-Committee on Rules of Origin;
(c) Sub-Committee on Sanitary and Phytosanitary Measures;
(d) Sub-Committee on Standards, Technical Regulations and Conformity Assessment Procedures; and
(e) Sub-Committee on Economic and Technical Cooperation.
2. The sub-committees may set up ad hoc working groups to deal with specific issues referred to them by the Joint Committee. Other procedures and functions of the sub-committees are to be specified in the individual Chapters where they are established.
Chapter 12. Dispute Settlement
Article 12.1. Objective
The objective of this Chapter is to provide an effective and efficient process for consultations and settlement of disputes arising under this Agreement and to arrive at, where possible, a mutually agreed solution.
Article 12.2. Scope and Coverage
1. Except as otherwise provided in this Agreement, this Chapter shall apply to the settlement of disputes between the Parties regarding the interpretation and application of this Agreement.
2. Subject to Article 12.3 (Choice of Forum), this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under other agreements to which they are Parties.
Article 12.3. Choice of Forum
1. Where a dispute regarding the same matter arises under this Agreement and under another agreement to which the disputing Parties are party, the complaining Party may select the dispute settlement procedure in which to settle the dispute.
2. The complaining Party shall notify the other Party in writing of its intention to select a particular forum before doing so.
3. Once the complaining Party has requested a Panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of the other.
Article 12.4. Consultations
1. Each Party shall accord adequate opportunity for consultations with the other Party with respect to any matter affecting the interpretation and application of this Agreement. Such matters shall as far as possible be settled through consultation between the Parties.
2. The request for consultations shall be in writing. The request shall include the reasons for the request, including the identification of the measure at issue and an indication of the legal basis for the complaint, and provide sufficient information to enable an examination of the matter. A copy of the request for consultations shall be delivered to the Joint Committee. The Party to which the request is made shall reply to the request in writing within 10 days after the date of its receipt, and shall enter into consultations within a period of no more than:
(a) 15 days after the date of receipt of the request for matters concerning perishable goods; or
(b) 30 days after the date of receipt of the request for all other matters.
3. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. Upon initiation of consultations, the Parties shall:
(a) provide sufficient information to enable a full examination of how the matter might affect the operation and application of this Agreement; and
(b) treat any confidential information designated as such by the other Party providing the information.
4. The complaining Party may request the Party complained against to make available for the consultations personnel of its government agencies or other regulatory bodies who have expertise in the matter under consultations. Consultations shall take place in the territory of the Party complained against, unless the Parties agree otherwise.
5. Consultations shall be confidential and without prejudice to the rights of either Party in any further proceedings.
Article 12.5. Good Offices, Conciliation and Mediation
1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin and be terminated at any time.
2. If the Parties agree; good offices, conciliation or mediation may continue while the dispute proceeds for resolution before an Arbitration Panel.
3. Proceedings involving good offices, conciliation and mediation and positions taken by the Parties during these proceedings shall be confidential and without prejudice to the rights of either Parties in any further proceedings.