f) support joint marketing and promotion of the Parties' products and services in both countries' markets and third countries' markets.
2. The Parties agree to extend economic co-operation to other areas not covered by the provisions of this Chapter such as and not inclusive to irrigation, transportation, communications, higher education, tourism, banking and finance, public works, shipping, shipbuilding, development and planning, engineering, consultancy, contracting works and other possible economic transactions.
Article 32. Methods and Modalities
1. The Agreements concluded between the Parties in the fields of the economic, commercial, technical and scientific co-operation shall be implemented without prejudice to the provisions of this Agreement.
2. The Parties shall further determine the methods and modalities for economic cooperation and technical assistance; in particular within the work of the Association Council referred to in Article 40. In this regard, the Association Council may decide to establish sub-committees.
3. Economic co-operation and technical assistance shall be implemented in particular by:
a) regular exchange of information and ideas in every sector of co-operation including meetings of officials and experts;
b) encouragement of reciprocal participation in fairs and exhibitions;
c) transfer of advice, expertise and training;
d) implementation of joint actions such as seminars and workshops;
e) technical, administrative and regulatory assistance;
f) encouragement and establishment of joint ventures;
g) dissemination of information on co-operation;
h) exchange of information in economic, scientific and technical field;
i) granting scholarships in various fields of technical and scientific cooperation;
j) transfer of technology and know-how in specific industries to be determined by the parties within the context of Association Committee;
k) supporting the establishment of joint marketing companies targeting both countries' markets as well as the markets of third countries.
4. Projects relating to economic, scientific and technical cooperation applications shall be arranged by individual programs, agreements and contracts which will be concluded between the participating companies and establishments of the Parties in accordance with their respective legislation in force.
5. The matters relating to the providing of expert, advisor and other technical persons by the Parties shall be arranged by individual protocols to be concluded between the competent authorities of the Parties.
Article 33. Primary Fields of Economic Co-operation
The co-operation under the scope of this Agreement shall primarily involve the following fields referred in detail between Articles 34 to 38 of the Agreement:
a) Industry;
b) Agriculture;
c) Services;
d) Transportation;
e) Small and medium-sized enterprises (SMEs);
f) Trade development including business cooperation.
Article 34. Industrial Co-operation
The main aim of industrial co-operation will be to support Jordan, in its efforts to modernize and diversify industry and, in particular, to create an environment favourable to private sector and industrial development by enhancing co-operation between the two Parties' economic operators.
Article 35. Co-operation In Agriculture
Taking into account the importance of co-operation in agriculture towards the enhancement of bilateral relations, the Parties agreed to cooperate in, inter alia, the following fields:
a) exchange of scientific and technical information and expertise relating to agriculture, forestry, water resources and rural development;
b) reciprocal exchange of experts;
c) organization of training, seminars, conferences and meetings, in either of both countries;
d) establishment of direct joint activities between the respective institutions;
e) encouragement of investment and trade on agricultural production, processing and marketing in both countries and in other markets; f) transfer of technology and know-how in agro industry.
Article 36. Co-operation In Services
1. The Parties to this Agreement recognize the growing importance of trade in services. In their efforts to gradually develop and broaden their co-operation, in particular in the context of the Euro-Mediterranean Partnership, they will cooperate with the aim of further promoting investments and achieving a progressive liberalization and mutual opening of their markets for trade in services, taking into account relevant provisions of the WTO-General Agreement on Trade in Services (GATS) and the services ongoing negotiations under the auspices of the WTO.
2. The Parties will discuss the means of co-operation in the area of services at the Association Council.
Article 37. Co-operation In Transport
1. The Parties shall promote co-operation between enterprises, organizations and authorities, operating in the fields of land, maritime and aviation transport.
2. The Parties shall take the necessary measures to facilitate procedures in the field of transportation for the purposes of enhancing bilateral trade.
Article 38. Co-operation between SMEs
1. 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 SMEs of the two countries. Within this context, the Parties will, inter alia;
a) exchange expertise on entrepreneurship, management, research and management centers, quality and production standards;
b) provide market information to create investment opportunities;
c) furnish published documents concerning SMEs.
2. Turkey shall support Jordan's efforts towards capacity building for the related private sector institutions.
Article 39. Trade Development
Trade co-operation shall primarily focus on:
a) developing, diversifying and increasing trade between them and improving the Parties' competitiveness on domestic, regional and international markets;
b) the updating of Jordanian laboratories, leading eventually to the conclusion of mutual recognition agreements for conformity assessments;
c) enhancing co-operation in customs and origin matters including vocational training in the customs field;
d) ensuring technical support for intellectual, industrial and commercial property in Jordan; including the implementation of international IPR Agreements, such as the PCT (Patent Cooperation Agreement) and Madrid Protocol, and exchanging information and expertise for the reinforcement of national organizations involved in enforcement and protection against counterfeiting and piracy;
e) enhancing cooperation to improve education and training, including vocational training;
f) drawing up appropriate trade development strategies and creation of a trade environment supportive of competitiveness;
g) capacity building and development of human resources and professional skills in the field of trade and support services in both the public and private sector;
h) exchange of information on market requirements know-how and technology transfer through investments and joint-ventures;
i) establishment, adaptation and strengthening of organizations concerned with the development of trade and support services;
j) regional co-operation for the development of trade and trade-related infrastructure and services in third countries;
k) enhancing cooperation between business associations in both countries.
Title III. Institutional and Final Provisions
Article 40. Establishment of the Turkey-jordan Association Council
An Association Council is hereby established which as a rule shall be headed by Ministers in charge of foreign trade and meet at least once a year in accordance with the conditions laid down in its rules of procedure.
Article 41. Duties of the Association Council
The Association 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 42. Procedures of the Association Council
1. The Association Council shall consist of officials and public sector representatives of both Parties. The Association Council may invite private sector representatives to its meetings upon its approval.
2. The Association Council shall establish its rules of procedure.
3. The Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for therein.
4. The decisions taken shall be binding on the Parties that shall take the measures necessary to implement the decisions taken. The Association Council may also make appropriate recommendations.
5. The Association Council may upon necessity establish working groups or bodies for the implementation of the Agreement.
6. It shall draw up its decisions and recommendations by agreement between the two Parties.
Article 43. Establishment of the Association Committee
1. Subject to the powers of the Association Council, an Association Committee is hereby established which shall be responsible for the settlement implementation of the Agreement.
2. The Association Council may delegate to the Association Committee, in full or in part, any of its powers.
Article 44. Procedures of the Association Committee
1. The Association Committee shall meet at an appropriate level whenever necessary upon the request of the Parties, but at least once a year alternatively in Turkey and Jordan.
2. The Association Committee shall establish its rules of procedure.
3. The Association Committee shall have the power to take decisions for the implementation of the Agreement as well as in the areas in which the Council has delegated its powers to it.
4. It shall draw up its decisions by agreement between the two Parties. These decisions shall be binding on the Parties that shall take the measures necessary to implement the decisions taken.
Article 45. Security Exceptions
Nothing in this Agreement shall prevent a Party from taking any measures which it considers necessary to its essential security interests as long as these measures are consistent with Article XXI of the GATT 1994.
Article 46. General Exceptions
This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; the protection of intellectual, industrial and commercial property. Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.
Article 47. Fulfilment of Obligations
1. The Parties shall take all necessary measures to ensure the achievement of the objectives of this Agreement and the fulfilment of their obligations under this Agreement.
2. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, the Party concerned may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 21 of this Agreement.
Article 48. Dispute Settlement
1. The Parties shall take all necessary measures to ensure the achievement of the objectives of this Agreement and the fulfillment of their obligations under this Agreement.
2. If either Party considers that the other Party has failed to fulfill an obligation under this Agreement or in the case of a dispute relating to interpretation of the provisions of this Agreement, the complaining Party may refer the dispute to the Association Committee. If the Association Committee settles the dispute referred to it, it shall take a decision on the matter, and the Parties shall be bound to take the necessary measures to carry out this decision.
3. If the dispute referred to the Association Committee has not been settled within 60 days after the dispute was referred to it, or within such other period as the Association Committee has agreed upon, the complaining Party may notify the other Party by a written request to establish an arbitration tribunal.
4. The arbitration tribunal shall be composed of three members. Each Party shall appoint one arbitrator within 30 days from receiving the request for appointing an arbitration tribunal and the two appointees shall choose, within 30 days after their nomination, a third who will serve as the chairman.
5. The arbitration tribunal shall, within 90 days after the third member is appointed, present to the Parties an initial report. The panel shall base its report on the relevant provisions of this Agreement and the arguments of the Parties and shall make recommendations for the resolution of the dispute.
6. After considering any comments by the Parties on the initial report, the arbitration tribunal may modify its report and make any further examination it considers appropriate. The arbitration tribunal shall present the final report to the Association Committee within 30 days of the presentation of the initial report.
7. The Association Committee shall take a decision to settle the dispute on the basis of the final report of the arbitration tribunal and the Parties shall be bound to take the necessary steps required to implement this decision.
8. If the Party complained against fail to implementing the decision mentioned in paragraph 7 of this article, the complaining Party shall be entitled to take measures in line with the decision of the Association Committee. 9. The Parties shall also enter into discussion with a view to developing rules for the selection and conduct of members of arbitration tribunal and model rules of procedure for arbitration tribunal at the first Association Committee meeting.
Article 49. Evolutionary Clause
1. Where either Party considers that it would be useful and in the interest of the economies of the Parties to develop the relations established by this Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Party. The Association Council may instruct the Association Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.
2. Agreements resulting from the procedure referred to in paragraph 1 will be subject to ratification or approval by the Parties to this Agreement in accordance with their national legislation.
Article 50. Amendments
Amendments to this Agreement, as well as to its Annexes and Protocols, shall enter into force on the date of receipt of the latter written notification through diplomatic channels, by which the parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of this Agreement have been fulfilled.
Article 51. Protocols and Annexes
Protocols and Annexes to this Agreement shall form an integral part thereof. The Association Council may decide to amend the Protocols and Annexes in accordance with the national legislation of the Parties.
Article 52. Duration and Denunciation
1. This Agreement is concluded for an indefinite period of time.
2. Either Party may denounce this Agreement by a written notification to the other Party. The Agreement shall terminate on the first day of the seventh month following the date when the other Party received the denunciation notice.
Article 53. Entry Into Force
1. This Agreement shall enter into force on the first day of the second month, following the date of the receipt of the latter written notification through diplomatic channels, by which the Parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of this Agreement have been fulfilled.
2. Upon its entry into force, this Agreement shall replace the following Agreements between the Parties:
a) Trade Agreement between the Government of the Republic of Turkey and the Government of the Hashemite Kingdom of Jordan (signed on 17 June 1980).
b) Agreement on Economic, Industrial and Technical Co-operation between the Government of the Republic of Turkey and the Government of the Hashemite Kingdom of Jordan (signed on 4 December 1983).
Conclusion
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto, have signed this Agreement.
DONE at Amman, this first day of December two thousand and nine, in three originals each in Turkish, Arabic and English languages, all texts being equally authentic. In case of any divergence in the interpretation of this Agreement, the English text shall prevail.
For the Republic of Turkey
Nihat ERGÜN
Minister of Industry and Trade
For the Hashemite Kingdom of Jordan
Amer Al HADİDİ
Minister of Industry and Trade