Article 10.13. Open Data
1. The Parties recognise that facilitating public access to and use of open data contributes to stimulating economic and social benefit, competitiveness, productivity improvements and innovation. To the extent that a Party chooses to make available open data, it shall endeavour to ensure:
(a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused and redistributed freely by the public; and
(b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available APIs and is regularly updated.
2. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities.
Article 10.14. Digital Government
1. The Parties recognise that technology can enable more efficient and agile government operations, improve the quality and reliability of government services, and enable governments to better serve the needs of their citizens and other stakeholders.
2. To this end, the Parties shall endeavour to develop and implement strategies to digitally transform their respective government operations and services, which may include:
(a) adopting open and inclusive government processes focusing on accessibility, transparency, and accountability in a manner that overcomes digital divides;
(b) promoting cross-sectoral and cross-governmental coordination and collaboration on digital agenda issues;
(c) shaping government processes, services and policies with digital inclusivity in mind;
(d) providing a unified digital platform and common digital enables for government service delivery;
(e) leveraging emerging technologies to build capabilities in anticipation of disasters and crises and facilitating proactive responses;
(f) generating public value from government data by applying it in the planning, delivering and monitoring of public policies, and adopting rules and ethical principles for the trustworthy and safe use of data;
(g) making government data and policy-making processes available for the public, in accordance to each Party's laws and policies; and
(h) promoting initiatives to raise the level of digital capabilities and skills of both the populace and the government workforce.
3. Recognising that the Parties can benefit by sharing their experiences with digital government initiatives, the Parties shall endeavour to cooperate on activities relating to the digital transformation of government and government services, which may include:
(a) exchanging information and experiences on digital government strategies and policies;
(b) sharing best practices on digital government and the digital delivery of government services; and
(c) providing advice or training, including through exchange of officials, to assist the other Party in building digital government capacity.
Article 10.15. Digital and Electronic Invoicing
1. The Parties recognise the importance of digital and electronic invoicing to increase the efficiency, accuracy, and reliability of commercial transactions. Each Party also recognises the benefits of ensuring that the systems used for digital and electronic invoicing within its territory are interoperable with the systems used in the other Party's territory.
2. Each Party shall endeavour to ensure that the implementation of measures related to digital and electronic invoicing in its territory supports cross-border interoperability between the Parties' digital and electronic invoicing frameworks. To this end, each Party shall endeavour to base its measures relating to digital and electronic invoicing on international frameworks.
3. The Parties recognise the economic importance of promoting the global adoption of digital and electronic invoicing systems, including interoperable international frameworks. To this end, the Parties shall endeavour to:
(a) promote, encourage, support or facilitate the adoption of digital and electronic invoicing by enterprises;
(b) promote the existence of policies, infrastructure and processes that support digital and electronic invoicing;
(c) generate awareness of, and build capacity for, digital and electronic invoicing; and
(d) share best practices and promote the adoption of interoperable international digital and electronic invoicing systems.
Article 10.16. Digital and Electronic Payments
1. Recognising the rapid growth of digital and electronic payments, in particular those provided by non-bank, non-financial institutions and financial technology enterprises, the Parties shall endeavour to support the development of efficient, safe and secure cross-border digital and electronic payments by:
(a) fostering the adoption and use of internationally accepted standards for digital and electronic payments;
(b) promoting interoperability and the interlinking of digital electronic payment infrastructures; and
(c) encouraging innovation and competition m digital and electronic payments services.
2. To this end, each Party shall endeavour to:
(a) make publicly available its laws and regulations of general applicability relating to digital and electronic payments, including in relation to regulatory approval, licensing requirements, procedures and technical standards;
(b) finalise decisions on regulatory or licensing approvals relating to digital and electronic payments in a timely manner;
(c) not arbitrarily or unjustifiably discriminate between financial institutions and non-financial institutions in relation to access to services and infrastructure necessary for the operation of digital and electronic payment systems;
(d) adopt or utilize international standards for electronic data exchange between financial institutions and services suppliers, in accordance with each Party's laws and regulations, to enable greater interoperability between digital and electronic payment systems;
(e) facilitate the use of open platforms and architectures such as tools and protocols provided for through Application Programming Interfaces ("APls") and encourage payment service providers to safely and securely make APIs for their products and services available to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and
(f) facilitate innovation and competition and the introduction of new financial and electronic payment products and services in a timely manner, such as through adopting regulatory and industry sandboxes.
Article 10.17. Digital Identities
Recognising that cooperation between the Parties on digital identities for natural persons and enterprises will promote connectivity and further growth of digital trade, and recognizing that each Party may take different legal and technical approaches to digital identities, the Parties shall endeavour to pursue mechanisms to promote compatibility between their respective digital identity regimes. This may include:
(a) developing appropriate frameworks and common standards to foster technical interoperability between each Party's implementation of digital identities;
(b) developing comparable protection of digital identities under each Party's respective legal frameworks, or the recognition of their legal effects, whether accorded autonomously or by agreement;
(c) supporting the development of international frameworks on digital identity regimes; and
(d) exchanging knowledge and expertise on best practices relating to digital identity policies and regulations, technical implementation and security standards, and the promotion of the use of digital identities.
Article 10.18. Cooperation
1. Recognising the importance of digital trade to their collective economies, the Parties shall endeavour to maintain a dialogue on regulatory matters relating to digital trade with a view to sharing information and experiences, as appropriate, including on related laws, regulations, and their implementation, and best practices with respect to digital trade, includmg in relation to:
(a) online consumer protection;
(b) personal data protection;
(c) anti-money laundering and sanctions compliance for digital trade;
(d) unsolicited commercial electronic messages;
(e) authentication;
(f) intellectual property concerns with respect to digital trade;
(g) challenges for small and medium-sized enterprises in digital trade; and
(h) digital government.
2. The Parties have a shared vision to promote secure digital trade and recognise that threats to cybersecurity undermine confidence in digital trade. Accordingly, the Parties recognise the importance of:
(a) Building the capabilities of their government agencies responsible for computer security incident response;
(b) Using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties; and
(c) Promoting the development of a strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications.
Chapter 11. MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES
Article 11.1. General Principles
1. The Parties, recognizing the fundamental role of "micro, small and medium-sized enterprises ("MSMEs") in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between their MSMEs and cooperate in promoting jobs and growth in MSMEs.
2. The Parties recognize the integral role of the private sector in the MSME cooperation to be implemented under this Chapter.
3. The definition of MSME and its application will be subject to the eristing laws and regulations of each Party.
Article 11.2. Cooperation to Increase Trade and Investment Opportunities for MSMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for MSMEs, each Party shall seek to increase trade and investment opportunities, and in particular shall:
(a) identify and promote priority sectors and value chains that will enhance MSMEs participation in international trade;
(b) promote cooperation between the Parties' small business support infrastructure, including dedicated MSMEs centres, incubators and accelerators, export assistance centres (production centres, aggregation (1), value addition, information and export logistics), and other centres as appropriate;
(c) create an international network for sharing best practices, exchanging market research, and promoting MSME participation in international trade, as well as business growth in local markets;
(d) promote linkages between the Parties' MSMEs with large corporates in order to enhance MSMEs participation in international trade through sub-contracting;
(e) strengthen collaboration with the other Party on activities to promote MSMEs owned by women and youth, as well as start-ups, and promote partnership among these MSMEs and their participation in international trade;
(f) enhance cooperation with the other Party to exchange information and best practices in areas including improving MSME access to capital and credit, MSME participation in covered government procurement opportunities, and helping MSMEs adapt to changing market conditions; and
(g) encourage participation in purpose-built mobile or web-based platforms, for business entrepreneurs and counselors to share information and best practices to help MSMEs link with international suppliers, buyers, and other potential business partners.
Article 11.3. Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for MSMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to MSMEs; and
(ii) any additional information that would be useful for MSMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links or information through automated electronic transfer to:
(a) the equivalent websites of the other Party; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs;
(j) taxation, accounting;
(k) government procurement opportunities; or (I) other information which the Party considers to be useful for MSMEs.
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavour to make this information available, as appropriate.
Article 11.4. Subcommittee on MSME Issues
1. The Parties hereby establish the Subcommittee on MSME Issues ("MSME Subcommittee"), comprising national and local government, as well as private sector, representatives of each Party.
2. The MSME Subcommittee shall:
(a) identify ways to assist MSME in the Parties' territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen MSME competitiveness;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships betwen MSMEs of the Parties;
(c) exchange and discuss each Party's experiences and best practices in supporting and assisting MSME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials;
(d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform MSME of the benefits available to them under this Agreement;
(e) explore opportunities for capacity building to facilitate each Party's work in developing and enhancing MSME export counselling, assistance, and training programs;
(f) recommend additional information that a Party may include on the website referred to in Article 11.3;
(g) review and coordinate its work program with the work of other subcommittees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of MSMEs to engage in trade and investment opportunities resulting from this Agreement;
(h) collaborate with and encourage subcommittees, working groups and other subsidiary bodies established under this Agreement to consider MSME-related commitments and activities into their work;
(i) review the implementation and operation of this Chapter and MSME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and MSME assistance programs as appropriate;
(j) facilitate the development of programs to assist MSMEs to participate and integrate effectively into the Parties' regional and global supply chains;
(k) promote the participation of MSMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(l) facilitate the exchange of information on entrepreneurship education and awareness programs for youth and women to promote the entrepreneurial environment in the territories of the Parties;
(m) submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate recommendations to the Joint Committee; and
(n) consider any other matter pertammg to MSMEs as the MSMEs Subcommittee may decide, including issues raised by MSMEs regarding their ability to benefit from this Agreement.
3. The MSMEs Subcommittee shall convene within one year of the date of entry into force of this Agreement.
4. The MSME Subcommittee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
5. The MSME Subcommittee shall report to the Joint Committee established under Chapter 14 (Administration of the Agreement).
6. The MSME Subcommittee shall establish its terms of reference at its first meeting and may revise those terms as needed, and shall thereafter meet as needed at its own discretion or at the discretion of the Joint Committee.
Article 11.5. Non-Application of Dispute Settlement
Chapter 16 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. Any disagreement arising out of the implementation of this Chapter shall be settled amicably within the framework of the Joint Committee.
Chapter 12. ECONOMIC AND DEVELOPMENT COOPERATION
Article 12.1. General Provision
1. The Parties undertake to promote and strengthen an open trade and investment environment that seeks to improve welfare, reduce poverty, raise living standards, and create new employment opportunities in support of development.
2. The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity.
3. The Parties acknowledge that economic growth and development contribute to achieving the objectives of this Agreement of promoting economic integration.
4. The Parties also acknowledge that effective domestic coordination of trade, investment and development policies can contribute to sustainable economic growth.
5. The Parties recognize the potential for joint development activities between the Parties to reinforce efforts to achieve sustainable development goals.
6. The Parties reaffirm that development cooperation is a core element of their partnership and an essential factor for the realisation of the objectives of this Agreement.
7. The Parties agree to consider their respective developmental needs and how they can increase production and supply capacity, foster the structural transformation and competitiveness of their economies, enhance economic diversification, and add value, in order to promote sustainable development and enhanced trade between the Parties.
8. The Parties commit to cooperate in order to facilitate the implementation of this Agreement and to support related development strategies.
9. For the purposes of the implementation of this Agreement, the Parties shall endeavour to jointly and individually mobilize resources m accordance with Article 12.6.2.
Article 12.2. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalize and facilitate trade and investment between them and foster economic growth.
2. Economic and development cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
3. The economic and development cooperation shall endeavour to:
(a) enhance the competitiveness of the Parties' economies;
(b) contribute to transforming the structure of the Parties' economies by establishing a strong, competitive and diversified economic base through enhancing production, distribution, transport, marketing, value addition and post-harvest technology;
(c) develop trade capacity as well as capacity to attract investment;
(d) enhance trade and investment policies;
(e) build supply capacity and enabling the smooth implementation of this Agreement;
(f) enhance technical cooperation between the Parties; and
(g) promote collaboration and mutual support on economic and development matters at multilateral levels.
Article 12.3. Scope
1. Economic and development cooperation under this Chapter shall support the effectiveness and efficiency of the implementation and utilisation of this Agreement through activities that relate to trade and investment.
2. Economic and development cooperation under this Chapter shall focus on, inter alia, the following areas:
(a) manufacturing industry;
(b) trade and investment promotion;
(c) tourism;