(b) the exchange, between respective agencies responsible for the enforcement of intellectual property rights, of information concerning the infringement of intellectual property rights;
(c) policy dialogue on initiatives for the enforcement of intellectual property rights in multilateral and regional fora; and
(d) such other activities and initiatives for the enforcement of intellectual property rights as may be mutually determined by the Parties.
Article 13.22. Other Cooperation
The Parties, through their competent agencies, shall encourage and facilitate the development of contacts and cooperation between their respective government agencies, educational institutions, organisations and other entities concerning the protection and enforcement of intellectual property rights with a view to:
(a) strengthening their respective intellectual property administrative systems; and
(b) stimulating the creation and development of intellectual property by nationals of each Party.
Article 13.23. Consultations
Each Party agrees to enter into technical consultations at the written request of the other Party to address any matter relating to this Chapter.
Chapter 14. Competition Policy
Article 14.1. Objectives
The Parties recognise the importance of promoting competition and of curtailing anti- competitive practices which have the potential to undermine the objectives of the Agreement.
Article 14.2. Definitions
For the purpose of this Chapter:
(a) anti-competitive practices means business conduct or transactions that adversely affect competition, including:
(i) anti-competitive horizontal arrangements between competitors;
(ii) abuse of dominant position; and
(iii) anti-competitive vertical arrangements.
Article 14.3. Promotion of Competition
Each Party shall promote competition by adopting, maintaining and enforcing measures, as the Party deems appropriate, to address anti-competitive practices in its territory.
Article 14.4. Application of Competition-related Measures
1. Each Party shall ensure that all commercial activities are subject to generic or relevant sectoral competition measures in force in its territory.
2. Any measures taken by a Party to proscribe anti-competitive practices, and the enforcement actions taken pursuant to those measures, shall be in accordance with the principles of transparency, timeliness, non-discrimination and procedural fairness.
3. The Parties shall apply competition measures to address anti-competitive conduct to the business activities of government-owned and non-government-owned businesses.
Article 14.5. Exemptions
A Party may exempt specific businesses or sectors from the application of competition measures, provided that such exemptions are transparent and are undertaken on the grounds of public policy or public interest.
Article 14.6. Cooperation and Coordination
1. The Parties recognise the importance of cooperation and coordination to further the promotion of competition and the curtailment of anti-competitive practices.
2. The Parties may cooperate and coordinate, as appropriate, on consumer protection and in enforcing competition laws, regulations and policies, including through the exchange of information, notification, consultation, and coordination on cross-border enforcement matters.
3. Each Party, through its competition authority, may notify the competition authority of the other Party of an enforcement activity if it considers that such enforcement activity may substantially affect important interests of the other Party.
4. On request of either Party, the Parties shall consult on any issues related to the implementation of this Chapter.
Chapter 15. Electronic Commerce
Article 15.1. Purpose
The purpose of this Chapter is to promote electronic commerce between the Parties and the wider use of electronic commerce globally. To this end, the Parties recognise the economic growth and opportunities provided by electronic commerce, the importance of avoiding barriers to its use and development and, where relevant, the applicability of the WTO Agreement to measures affecting electronic commerce. The Parties also recognise the importance of ensuring that bilateral trade through electronic commerce is, to the extent possible, less restricted or no more restricted than comparable non-electronic bilateral trade.
Article 15.2. Electronic Supply of Services
The Parties affirm that measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter 8 (Trade in Services) and its Annex on Financial Services and Chapter 9 (Telecommunications Services), subject to any exceptions set out in this Agreement that are applicable to such obligations.
Article 15.3. Definitions
For the purposes of this Chapter:
(a) digital certificates means electronic documents or files that are issued by a certification authority or otherwise linked to a party to an electronic communication or transaction for the purpose of establishing the party's identity;
(b) electronic authentication means the process of verification of an electronic statement or claim, in order to establish a level of confidence in the statement's or claim's reliability;
(c) electronic transmission means transmission made using any electromagnetic or photonic means;
(d) electronic version of a document means a document in electronic format prescribed by a Party, including a document sent by facsimile transmission;
(e) trade administration document means 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;
(f) UNCITRAL means the United Nations Commission on International Trade Law; and
(g) unsolicited commercial electronic message means an electronic message which is sent for commercial purposes to an electronic address without the consent of the recipient using an Internet carriage service or other telecommunications service.
Article 15.4. Customs Duties
1. Neither Party shall impose customs duties on electronic transmissions between the Parties.
2. Nothing in paragraph 1 shall preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement.
Article 15.5. Domestic Regulatory Frameworks
1. Each Party shall maintain laws and regulations governing electronic transactions based on the UNCITRAL Model Law on Electronic Commerce 1996.
2. Each Party shall:
(a) minimise the regulatory burden on electronic commerce; and
(b) consult, as appropriate, with industry in the development of electronic commerce regulatory frameworks.
Article 15.6. Electronic Authentication and Digital Certificates
1. Each Party shall maintain measures for electronic authentication that permit Parties to electronic transactions to:
(a) determine the appropriate authentication technologies and implementation models for their electronic transactions, and do not limit the recognition of such technologies and implementation models; and
(b) have the opportunity to prove that their electronic transactions comply with the Party's laws and regulations.
2. Each Party shall work towards the mutual recognition of digital certificates at government level based on internationally accepted standards.
3. Each Party shall encourage the interoperability of digital certificates in the business sector.
Article 15.7. Online Consumer Protection
Each Party shall, to the extent possible and in a manner considered appropriate by each Party, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under its laws, regulations and policies.
Article 15.8. Online Personal Data Protection
1. Each Party shall establish or maintain legislation or regulations that protect the personal data of the users of electronic commerce.
2. In the development of personal data protection standards, each Party shall take into account the international standards and criteria of relevant international organisations.
Article 15.9. Paperless Trading
1. Each Party shall accept the electronic format 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.
2. The Parties shall cooperate bilaterally and in international forums to enhance acceptance of electronic versions of trade administration documents.
3. In implementing initiatives which provide for the use of paperless trading, the Parties shall take into account the methods agreed by international organisations.
4. Each Party shall endeavour to make all trade administration documents available to the public in electronic form.
Article 15.10. Unsolicited Commercial Electronic Messages
1. Each Party shall adopt or maintain measures to minimise unsolicited commercial electronic messages.
2. The Parties shall, subject to their respective laws and regulations and mutual interest, cooperate bilaterally and in international forums regarding the regulation of unsolicited commercial electronic messages. Areas of cooperation may include, but should not be limited to, the exchange of information on technical, educational and policy approaches to unsolicited commercial electronic messages.
Chapter 16. Economic and Technical Cooperation
Article 16.1. Objectives
1. The Parties shall establish a framework for economic and technical cooperation as a means to expand and enhance the benefits of this Agreement and to promote capacity building activities in areas of mutual interest taking into account existing economic and technical cooperation arrangements and activities between them.
2. The Parties shall establish close cooperation aimed inter alia at:
(a) promoting and enhancing economic and technical cooperation for the benefit and development of both Parties in accordance with the applicable laws, regulations and policies of each Party;
(b) strengthening existing and building new cooperative relationships between the Parties;
(c) advancing human resource development, creating new opportunities for trade and investment;
(d) contributing to the important role of the private sector in encouraging mutual economic growth and development; and
(e) increasing and deepening the level of cooperation activities between the Parties in areas of mutual interest.
Article 16.2. Scope
1. The Parties affirm the importance of all areas of cooperation between the Parties with particular attention given to the following areas:
(a) automotive;
(b) agriculture;
(c) tourism;
(d) clean coal technology; and
(e) electronic commerce.
2. The details of areas of cooperation specified in paragraph 1 shall be set out in the Implementing Arrangement for Economic and Technical Cooperation activities in agreed areas pursuant to this Chapter.
3. The Parties may include the following other areas of cooperation:
(a) forestry, fisheries and plantation;
(b) education and human resource development;
(c) competition policy;
(d) services;
(e) investment;
(f) domestic economic reform;
(g) health;
(h) information and communications technology;
(i) science and technology;
(j) small and medium enterprises; and
(k) other areas to be mutually agreed upon by the Parties. 4. Cooperation between the Parties under this Chapter should contribute to achieving the objectives of the Agreement, and in particular the objectives in Article 16.1 (Objectives), through the identification and development of innovative cooperation activities capable of providing added value to the Parties' relationship.
Article 16.3. Forms of Cooperation
1. The forms of cooperation under this Chapter may include:
(a) exchanging information on developments in areas of mutual interest to the Parties;
(b) encouraging and facilitating visits and exchanges of experts; (c) promoting the holding of seminars and workshops;
(d) promoting and encouraging cooperation between the private sectors of both Parties; and
(e) other forms of cooperation as mutually agreed by the Parties.
2. Economic and technical cooperation under this Chapter shall support the implementation of this Agreement through economic and technical cooperation activities which are trade or investment related and mutually agreed by the Parties.
Article 16.4. Costs of Cooperation
1. The implementation of cooperation under this Chapter shall be subject to the availability of funds and resources of each Party and the applicable laws and regulations of each Party.
2. Costs of cooperation under this Chapter shall be borne by the Parties within the limits of their own capacities and through their own channels, in an equitable manner to be mutually agreed upon between the Parties.
Article 16.5. Oversight of Economic and Technical Cooperation
1. The FTA Joint Commission established in paragraph 1 of Article 19.1 (Free Trade Agreement Joint Commission) of Chapter 19 (Institutional Provisions) shall oversee cooperation between the Parties under this Chapter. The FTA Joint Commission's functions shall be to:
(a) facilitate the exchange of information in the relevant areas of cooperation;
(b) review and monitor the implementation and operation of this Chapter; (c) discuss any issues related to this Chapter;
(d) identify ways and opportunities for further cooperation between the Parties; and
(e) supervise the functions and activities of any subsidiary bodies established.
2. The FTA Joint Commission shall respect existing consultation mechanisms between the Parties and, as appropriate, share information and coordinate with such mechanisms to ensure effective and efficient implementation of cooperative activities and projects.
3. The FTA Joint Commission may delegate its functions under this Article to a subsidiary body established in accordance with subparagraph 2(c) of Article 19.1 (Free Trade Agreement Joint Commission) of Chapter 19 (Institutional Provisions).
Chapter 17. Transparency
Article 17.1. Relation to other Chapters
Where there are specific provisions in other Chapters of this Agreement regarding the subject matter of this Chapter, they shall prevail to the extent that they are inconsistent with the provisions of this Chapter.
Article 17.2. Definitions
For the purposes of this Chapter
‘administrative ruling of general application' means an administrative or quasi-judicial ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct, but does not include:
(a) a ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
(b) aruling that adjudicates with respect to a particular act or practice.
Article 17.3. 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 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, each Party shall make the measures referred to in paragraph 1 available on the internet.
3. To the extent possible, each Party shall:
(a) publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and
(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
Article 17.4. Notification and Provision of Information
1. To the extent possible, each Party shall 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 interests under this Agreement.
2. On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure that the requesting Party considers might materially affect the operation of this Agreement or otherwise substantially affect its interests under this Agreement, regardless of whether the requesting Party has been previously notified of that measure.
3. Any notification, request, or information under this Article shall be provided to the other Party through the relevant contact points.
4. Any notification or information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.
Article 17.5. Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable manner its measures referred to in paragraph 1 of Article 17.3 (Publication), each Party shall ensure that in its administrative proceedings in which these measures are applied to particular persons, goods or services of the other Party in specific cases it:
(a) provides wherever possible, to persons of the other Party that are directly affected by a proceeding, reasonable notice, in accordance with its 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) affords such persons 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) follows its procedures in accordance with its law.
Article 17.6. Review
1. Each Party shall maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review (38) 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 the above mentioned tribunals or procedures provide:
(a) the parties to a proceeding with a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the administrative authority.