3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or paragraph 2 of this Article, that Party may request the other Party establishing, maintaining or authorizing such supplier to provide specific information concerning the relevant operations.
4. This Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect, (a) authorises or establishes a small number of service suppliers and (b) substantially prevents competition among those suppliers in its territory.
Article 7.14. Business Practices
1. The Parties recognise that certain business practices of services suppliers, other than those falling under Article 7.13 (Monopolies and Exclusive Service Suppliers), may restrain competition and thereby restrict trade in services.
2. Each Party shall, at the request of another Party (the "Requesting Party"), enter into consultations with a view to eliminating practices referred to in paragraph 1 of this Article. The Party addressed (the âRequested Partyâ) shall accord full and sympathetic consideration to such a request and shall cooperate through the supply of publicly available non-confidential information of relevance to the matter in question. The Requested Party shall also provide other information available to the Requesting Party, subject to its domestic law and regulations and to the conclusion of satisfactory agreement concerning the safeguarding of its confidentiality by the Requesting Party.
Article 7.15. Miscellaneous Provisions
Annex on Movement of Natural Persons Supplying Services, Annex on Air Transport Services, Annex on Financial Services, and Annex on Telecommunications under GATS shall be incorporated, mutatis mutandis, into and form an integral part of this Agreement.
Chapter 8. INVESTMENT COOPERATION
Article 8.1. Relationship to other Agreements and other Arrangements
1. The Parties recognise the importance of the Agreement Between the Government of the People's Republic of China and the Government of the Kingdom of Cambodia for the Promotion and Protection of Investments of 1996 and Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation Between the Association of Southeast Asia Nations and The People's Republic of China of 2009 in creating favourable conditions for investments between the Parties, and thus reaffirm the commitments under the Agreements and other arrangements related to investment between the Parties.
2. The Parties acknowledge the effectiveness of the existing institutional arrangements and its vital role to realise the bilateral production capacity and investment cooperation, and thus determine to strengthen and further deepen such cooperation.
Article 8.2. Promotion of Investment
1. The Parties recognise the importance of promoting cross-border investment flows as a means for achieving economic growth and development. Subject to their laws and regulations, the Parties shall cooperate to promote investments between China and Cambodia through, amongst others:
(a) identifying investment opportunities;
(b) intensifying investment promotion campaign;
(c) sharing information on measures to promote investment abroad;
(d) exchanging of information on investment law, regulations and policies;
(e) assisting investors to understand the investment regulations and the investment environment in both Parties;
(f) improving environment conducive to increased investment flows; and
(g) promoting linkages between China and Cambodia's agencies with a view to promoting bilateral investment.
2. Recognising that facilitating the "Go Global" efforts of Chinese enterprises is a key pillar of bilateral cooperation, the Parties shall intensify their collaboration in this area. To this effect, the Parties shall endeavour to identify and share information on potential outgoing investment sectors and activities and encourage such enterprises to invest in the other Party.
Article 8.3. Facilitation of Investment
1. Subject to its laws and regulations, each Party shall facilitate investments from the other Party through, amongst others:
(a) improving transparency and efficiency of their domestic investment environment, with the aim of facilitating quality investment between the Parties.
(b) creating the necessary environment for all forms of investment including but not limited to the creation of favourable condition for money transfer for any investment project;
(c) simplifying procedures for investment applications and approvals;
(d) promoting the dissemination of investment information, including, but not limited to, investment rules, regulations, policies, other bilateral and multilateral trade agreements, and procedures; and
(e) enhancing one-stop investment arrangement in the respective host Parties to provide assistance and advisory services to the business sectors including facilitation of operating licences and permits.
2. Subject to the domestic laws and regulations, the Party shall make available the measures prescribing the formalities of establishing an investment to investors and their investments of the other Party. The Party shall protect any confidential business information from any disclosure that would prejudice the competitive position of the investor or the investment. Nothing in this paragraph shall be construed to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its domestic law.
3. Parties shall facilitate investors and their investments to comply with required standards on environmental impact assessment and social impact assessment and assessment processes applicable to their proposed investments prior to their establishment, as required by the laws of the host Party for such an investment.
Article 8.4. Environmental Measures
Recognising the importance of promoting investment for green growth, the Parties shall refrain from encouraging investment by investors of the other Party by relaxing environmental measures. To this effect each Party should not waive or otherwise derogate from such environmental measures as an encouragement for the establishment, acquisition or expansion of investments in its territory.
Article 8.5. Committee on Investment Cooperation
1. The Parties shall establish a Committee on Investment Cooperation (hereinafter in this article referred to as "the Committee"), with a view to accomplishing the objectives of this Chapter. The functions of the Committee shall be:
(a) to act as the contact point of investment issues raised from Chapter of Investment Cooperation;
(b) to discuss and review the implementation and operation of this Chapter;
(c) to discuss any other investment-related matters concerning this Chapter; and
(d) to discuss the measures adopted or maintained for the purpose of encouraging favourable conditions for investors of the Parties.
2. The Committee may, as necessary, make appropriate recommendations by consensus to the Parties for the more effective functioning or the attainment of the objectives of this Agreement.
3. The Committee shall be composed of representatives of the Parties. The Committee shall determine its own rules of procedure to carry out its functions.
4. The Committee, upon mutual consent of the Parties, may hold joint meetings with the private sectors. Article 8.6: Non-Application of Dispute Settlement
No Parties shall have recourse to Chapter 14 (Dispute Settlement) for any issue arising from or relating to this Chapter.
Chapter 9. Cooperation Under the Belt and Road Initiative
Article 9.1. General Provisions
1. The Parties appreciate the progress made in the cooperation framework under the Belt and Road Initiative, especially the outcomes in areas indicated in the Outline of Bilateral Cooperation Plan to Jointly Build the Silk Road Economic Belt and the 21st century Maritime Road between the Peopleâs Republic of China and the Kingdom of Cambodia and Rectangular Strategy Phase IV of the Royal Government of Cambodia.
2. The Parties shall strengthen the role of the Belt and Road Initiative as an important instrument and seek to further strengthen high-quality Belt and Road cooperation in promoting policy coordination, facility connectivity, unimpeded trade, financial integration and people-to-people bond, thereby enhancing practical cooperation for the well-being of our peoples and support the implementation of this Agreement.
3. The Parties understand the need for deepening comprehensive strategic partnership under the scope and coverage of this Agreement, guided by the principle of extensive consultation, joint efforts and shared benefits, the approach of open green and clean cooperation, and the pursuit of high standard, people-centered and sustainable development. The Parties agree to take further actions to implement the elements under the Outline of Bilateral Cooperation Plan to Jointly Build the Silk Road Economic Belt and the 21st century Maritime Road and Rectangular Strategy Phase IV.
4. The Parties agree to further strengthen cooperation in the key areas of infrastructure, investment, economic corridors, economic cooperation zones, agriculture, capacity building, industrial parks and cluster areas, culture and tourism, and finance and environment protection. Such cooperation would explore new sources of growth and seek to offer opportunities for economic and social development, and contribute to win-win cooperation and co-prosperity. The Parties will explore potential cooperation areas, for the purpose of boosting infrastructure connectivity, strengthening development policy synergy and promoting sustainable development.
5. The Parties will jointly promote the cooperation under the Belt and Road Initiative and the Rectangular Strategy Phase IV through the existing bilateral cooperation mechanisms, such as the China-Cambodia Joint Council for Bilateral Cooperation, and multilateral mechanisms participated by the Parties, including East-Asia Summit, Lancang-Mekong Cooperation, Asia-Europe Meeting, and Greater Mekong Sub-region Cooperation, to explore potential cooperation areas.
6. The Parties agree to make full play of the geographical advantages of Cambodia to upgrade the connectivity level, encourage the enterprises of the two countries to conduct trade, investment, production capacity and environment protection cooperation with each other, thereby contributing to improving trade and sustainable economic development of the two countries.
7. The Parties agree to promote the use of available resources under the Belt and Road Initiative, where appropriate, to maximize the benefits of this Agreement, and also encourage the participation from the private sector, academic institutions, and non-governmental organisations, aiming to promote relevant expertise and managerial skills, innovation, science and technology, competitiveness, trade and investment opportunities.
8. The Parties agree on the importance of implementing national development policies to maximize the benefits and opportunities created by this Agreement. Article 9.2: Non-Applicable of Dispute Settlement
No Party shall have recourse to dispute settlement under the Chapter 14 (Dispute Settlement) for any issue arising from or relating to this Chapter.
Chapter 10. ELECTRONIC COMMERCE
Article 10.1. Definitions
For purposes of this Chapter:
Electronic Authentication means the process of verifying or testing an electronic statement or claim, in order to establish a level of confidence in the statement's or claim's reliability;
Electronic Signature has for each Party the meaning set out in its laws and regulations;
Document in Electronic Form refers to form of information, data or document which are created, sent/transmitted, received or stored in electronic system;
Personal Information means any information, including data, about an identified or identifiable individual;
Trade Administration Documents mean forms issued or controlled by a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.
Article 10.2. Scope and General Provisions
1. The Parties recognise the economic growth and trade opportunities that electronic commerce provides, and the importance of promoting and facilitating the use and development of electronic commerce between the Parties.
2. The purposes of this Chapter are to enhance cooperation between the Parties regarding the development of electronic commerce to contribute to creating an environment of trust and confidence in the use of electronic commerce and to promote the wider use of electronic commerce globally.
3. The Parties shall, in principle, endeavour to ensure that bilateral trade in electronic commerce shall be no more restricted than comparable non-electronic bilateral trade.
4. This Chapter shall not apply to:
(a) government procurement; or
(b) Information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection.
Article 10.3. Customs Duties
1. Each Party shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties, consistent with the WTO Ministerial Decision of 8 December 2017 in relation to the Work Programme on Electronic Commerce ((WT/MIN(17)/65)).
2. Each Party reserves the right to adjust its practice referred to in paragraph 1 in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce.
Article 10.4. Electronic Authentication and Electronic Signatures
1. Unless in circumstances otherwise provided for under its laws and regulations, no Party shall deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. Each Party shall maintain domestic legislation and measures for electronic signature that permits:
(a) participants in electronic transactions to determine the appropriate authentication technologies and implementation models for their electronic transactions; And
(b) participants in electronic transactions to have the opportunity to prove that their electronic transactions comply with the Party's domestic laws and regulations with respect to authentication.
3. Each Party shall work towards the mutual recognition of digital certificates and electronic signatures.
4. Each Party shall encourage the use of digital certificates in the business sector.
Article 10.5. Online Consumer Protection
Each Party shall, to the extent possible and in a manner considered appropriate, adopt or maintain measures which provide protection for consumers using electronic commerce that is at least equivalent to measures which provide protection for consumers of other forms of commerce.
Article 10.6. Online Personal Information Protection
Recognizing the importance of protecting personal information in electronic commerce, each Party shall adopt or maintain domestic laws and other measures which ensure the protection of the personal information of the users of electronic commerce.
Article 10.7. Paperless Trade
1. Each Party shall endeavour to make trade administration documents available to the public in electronic form.
2. Each Party shall endeavour to accept the electronic versions of trade administration documents as the legal equivalent of paper documents except where:
(a) there is a domestic or international legal requirement to the contrary; or
(b) doing so would reduce the effectiveness of the trade administration process.
Article 10.8. Network Equipment
1. Both Parties recognise the importance of network equipment, and products related to electronic commerce to the safeguarding of the healthy development of electronic commerce.
2. Both Parties should endeavour to create beneficial environment for public telecommunications networks, service providers or value-added service providers to independently choose the network equipment, products and technologies.
Article 10.9. Cooperation on Electronic Commerce
1. The Parties agree to share information and experience on issues related to electronic commerce, including, inter alia, laws and regulations, rules and standards, and best practices.
2. The Parties shall encourage cooperation in research and training activities to enhance the development of electronic commerce.
3. The Parties shall encourage business exchanges, cooperative activities and joint electronic commerce projects.
4. The Parties shall actively participate in regional and multilateral fora to promote the development of electronic commerce in a cooperative manner. Article 10.10: Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under the Chapter 14 (Dispute Settlement) for any issue arising from or relating to this Chapter.
Chapter 11. ECONOMIC AND TECHNICAL COOPERATION
Article 11.1. Objective and General Provisions
1. The objective of this Chapter is to establish a framework for promoting mutually supportive trade, investment and other trade-related activities through Economic and Technical Cooperation under this Agreement.
2. The Parties shall strengthen the importance of Economic and Technical Cooperation in contributing toward the effective utilization of this Agreement and the implementation of the Chapters in this Agreement.
3. The Parties agree to implement capacity-building programmes and technical assistance, particularly Joint Activities that are to address the specific needs and requirements consistent with the priority areas of Economic and Technical Cooperation under this Agreement.
4. The Parties acknowledge the different levels of economic development of the Parties, and agree to utilize the existing financial channels or other resources available in the future for Economic and Technical Cooperation activities under this Agreement.
Article 11.2. Scope and Priority Areas
Economic and Technical Cooperation under this Chapter shall support the inclusive, effective and efficient implementation and utilization of this Agreement through the implementation of trade or investment related activities, including capacity building, technical assistance and financial support from available resources, focusing on the following:
(a) Trade Promotion. To continuously promote and expand trade through trade promotion and facilitation activities, business exchanges and matching. The Parties shall continually strengthen the Government-to-Government mechanisms, enhancing cooperation on various platforms including China International Import Expo and China-ASEAN Expo, One Village-One Product movement, as well as giving full play to the role of the existing FTAs between both Parties in promoting bilateral trade.
(b) Trade in Services. The Parties shall strengthen cooperation efforts in service sectors, that are mutually agreed, including but not limited to human resource development, research and development and institutional capacity building in order to improve their domestic capacities, efficiencies and competitiveness.
(c) Tourism Promotion. The Parties shall continue to strengthen cooperation in tourism promotion and exchanges through regular dialogues, and the establishment of promotion programmes to expand and deepen tourism cooperation sector by exploring ways and initiatives to introduce greater convenience to travellers, tour operators and travel agencies.
(d) Industrial Cooperation. The Parties shall further enhance planning and interconnection of industrial cooperation between the two countries, develop and implement potential projects and industrial development policy and provide support to maintain support to enterprises in the areas of startups incubation, innovation development of SMEs and establishment and operation of industrial parks to enable them to leapfrog toward industry 4.0.
(e) Transport and Logistic. The Parties shall enhance cooperation in the areas of land, air and maritime transport and logistics through simplifying and harmonizing the cross-border transport and trade regulations, improving physical infrastructure and the quality of logistics services, supporting the implementation of GMS Cross-Border Transport Agreement (CBTA) as to increase the level of connectivity between the two countries.
(f) Agriculture. The Parties shall enhance high-level exchanges in agriculture, and strengthen cooperation in priority areas, such as exchange of research institutions and personnel in agriculture sectors, human resources development, promotion of trade in agriculture products through streamlining import-export procedure and establishment of platforms for agricultural enterprises and boosting agricultural trade cooperation.
(g) Non-Tariff Measures. The Parties shall promote transparency of laws, regulation related to trade, import-export procedures and trade policies by making them available online to facilitate cross-border procedures and align trade facilitation measures in line with the international best practices.
(h) Information and Communications Technology. The Parties shall promote cooperation in information and telecommunication and innovation through personnel exchanges, cooperation in R&D and human resource development.
(i) Electronic commerce. The Parties shall cooperate in electronic commerce in the areas of joint studies, legal framework establishment and enforcement, experience sharing in policy making and government management of e-commerce, capacity enhancement for suppliers to directly access to the marketplace.
(j) Other areas as mutually agreed by the Parties.
Article 11.3. Work Programme
1. By taking into consideration the priority areas of Economic and Technical Cooperation, The Work Programme shall be developed by the Committee on Economic and Technical Cooperation in consultation with other established Committees under this Agreement.
2. To encourage effective implementation and utilization of this Agreement, priority shall be given to the Joint Activities that provide capacity building, and technical assistance and financial support from available resources in areas as mutually agreed by the Parties.
3. The Work Programme shall be modified by the Committee as and when necessary, subject to the consent of all Parties.
Article 11.4. Committee on Economic and Technical Cooperation
1. For the purposes of the effective implementation of this Chapter, the Parties hereby establish a Committee on Economic and Technical Cooperation composed of government representatives of each Party.
2. The Committee shall develop and coordinate a Work Programme and its implementing mechanism, as well as work with other Committees to establish and maintain effective communication and coordination on Economic and Technical Cooperation activities and relevant issues. The Committee shall review progress of Work Programme and provide recommendation, if necessary, for improving the implementation of Joint Activities.
3. Each Party shall designate relevant officials as contact points for coordinating the implementation of the Work Programme after the entry into force of this Agreement. Each Party shall provide the contact details of the relevant officials in their respective contact points, and notify promptly of any change in its contact points or any amendment to the details of the relevant officials acting as or on behalf of its contact point.
Article 11.5. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under the Chapter 14 (Dispute Settlement) for any issue arising from or relating to this Chapter.
Chapter 12. TRANSPARENCY
Article 12.1. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published, including on the internet where feasible, or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent possible and practicable, each Party shall taking into account the circumstances of its domestic laws and regulations:
(a) publish in advance any such laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement that it proposes to adopt; and
(b) provide, where appropriate, interested persons and the other Party with a reasonable opportunity to comment on any such laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement.
Article 12.2. Notification and Provision of Information
1. To the extent possible and practicable, each Party shall, taking into account the circumstances of its domestic laws and regulations, notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's legitimate interests under this Agreement.
2. To the extent possible and practicable, on the request of the other Party, a Party shall, within 30 days of receipt of the request, provide information and respond to questions pertaining to any actual or proposed measure that the other Party considers might materially affect the operation of this Agreement, whether or not the other Party has been previously notified of that measure.
3. The information referred to under this Article shall be considered to have been provided when it has been made available by appropriate notification to the WTO or when it has been made available on the official, public accessible website of the Party concerned.
4. Any notification, request, or information under this Article shall be conveyed to the other Party through Contact Point of this Agreement.
Article 12.3. Administrative Proceedings
1. Each Party shall ensure that all laws, regulations, procedures and administrative rulings of general application to which this Agreement applies are administered in a consistent, impartial, objective and reasonable manner.
2. With a view to administering its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement in a consistent, impartial, objective and reasonable manner, each Party shall ensure, in its administrative proceedings applying these measures to particular persons, goods or services of the other Party in specific cases that:
(a) wherever possible, persons of the other Party that is directly affected by such a proceeding are provided with reasonable notice, in accordance with its domestic proceeding, 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) it follows its procedures in accordance with its laws and regulations.
Article 12.4. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and 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 ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) areasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by the law of the Party, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its law, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Chapter 13. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 13.1. Establishment of the China-Cambodia Free Trade Area Joint Commission
The Parties hereby establish the China-Cambodia Free Trade Area Joint Commission (hereinafter referred to as the "Joint Commission") comprising representatives of both Parties as follows: