(a) encouraging public and private sector collaboration in value addition, technology transfer and industrial research, especially in the mechanization and commercialization of traditional manufacturing industries; and
(b) sharing experiences of SME development of the Parties in the manufacturing and industrial sector.
Article 129. Traditional Medicine Cooperation
1. The Parties agree to strengthen communication and cooperation between competent authorities and relevant institutions in the area of traditional medicine, and agree to explore the possibility of establishing a working mechanism to promote specific cooperation and exchange in the area.
2. The Parties encourage and support the cooperation in the areas of tourism, health care and training programs in relation to traditional medicine.
Article 130. Financial Cooperation
The Parties, recognizing the facilitative role that financial services play in trade, investment and economic development, agree to explore cooperation in the sector by, inter alia:
(a) enhancing communication and experience sharing between the competent authorities of the Parties;
(b) facilitating dialogue between financial services firms of the Parties in identifying areas of mutual gain and enhancing cooperation in the financial sector;
(c) promoting financial intermediation and cross border payment services to facilitate trade and investment between the Parties; and
(d) exploring the potential for human resource and capacity development cooperation in the financial sector.
Article 131. Taxation Cooperation
The Parties recognizing the importance of taxation for their respective economies, will endeavor for greater cooperation in taxation through, inter alia:
(a) strengthening communication and exchanges between competent authorities of the Parties;
(b) building dialogue mechanism between competent authorities of the Parties to facilitate tax dispute settlement.
Article 132. Research, Science and Technology Cooperation
The Parties, acknowledging the role of the advancement of research, science and technology in the promotion of trade, investment and economic growth, will endeavor towards further cooperation through, inter alia:
(a) encouraging cooperation between higher education and research institutions of the Parties;
(b) facilitating the sharing of scientific knowledge and research in the areas of mutual interest; and
(c) supporting collaborations in research projects, seminars and workshops.
Article 133. Cooperation In Capacity Building
The Parties, realizing the importance of capacities of institutions and human resources for the realization of the full benefits of this Agreement, agree to support and encourage capacity building cooperation in areas jointly identified, namely but not limited to SPS/TBT, Customs and Trade Facilitation and Trade Remedies.
Chapter 11. TRANSPARENCY
Article 134. 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, each Party shall:
(a) publish in advance any such laws, regulations, procedures and administrative rulings of general application 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 laws, regulations, procedures and administrative rulings of general application.
Article 135. 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 legitimate interests under this Agreement.
2. On the request of the other Party, a Party shall, within 30 days of receipt of the request, where feasible, 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 in 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 and fee-free accessible website of the Party concerned.
4. Any notification, request, or information in this Article shall be conveyed to the other Party through the contact points set out in Article 142.
Article 136. 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 in a consistent, impartial, objective and reasonable manner its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement, 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 are directly affected by a proceeding are provided with reasonable notice 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 controversy;
(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 law.
Article 137. 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) 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 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 domestic 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 12. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 138. Establishment of the China-Maldives Free Trade Area Joint Commission
1. The Parties hereby establish the China-Maldives Free Trade Area Joint Commission (“FTA Joint Commission”) comprising representatives of the Parties, which may meet in accordance with the provisions of this Agreement.
2. The Parties shall be represented by senior officials delegated for this purpose by:
(a) for China, the Ministry of Commerce; and
(b) for Maldives, the Ministry of Economic Development.
3. The FTA Joint Commission aims to ensure the effective operation and implementation of this Agreement and any other agreements or legal instruments concluded or to be concluded under this Agreement.
Article 139. Functions of the FTA Joint Commission
1. The FTA Joint Commission shall:
(a) consider matters relating to the implementation of this Agreement;
(b) review the operation and implementation of this Agreement, consider any proposal to amend this Agreement or its Annexes and oversee the further elaboration of this Agreement;
(c) consider issues referred to it by the committees and other bodies established under this Agreement or by a Party;
(d) in accordance with the objectives of this Agreement, explore measures for the further expansion of trade and investment between the Parties;
(e) facilitate avoidance and settlement of any disputes that may arise regarding the interpretation or application of this Agreement; and
(f) consider any other matter that may affect the operation of this Agreement.
2. The FTA Joint Commission may:
(a) establish additional ad hoc or standing committees and other bodies as necessary and refer matters to any committee or body for advice;
(b) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;
(c) seek the advice of interested parties on any matter falling within its responsibilities where this would assist the FTA Joint Commission in discharging its responsibilities; and
(d) take such other action in the exercise of its functions as the Parties may agree.
Article 140. Rules of Procedure of the FTA Joint Commission
1. The FTA Joint Commission shall establish its rules of procedure and take decisions on any matter within its functions as set out in Article 139 by mutual agreement.
2. The FTA Joint Commission shall convene the first session within 1 year from the entry into force of this Agreement and following regular sessions every 2 years after that or at other times as the Parties may agree.
3. Regular sessions of the FTA Joint Commission shall be held alternately in the territory of each Party and chaired alternatively by the hosting Party. Other sessions of the FTA Joint Commission shall be held at such location as the Parties may agree. The sessions may be held by any technological means available to the Parties. Communications of the FTA Joint Commission shall be made in a common working language.
4. The Party chairing a session of the FTA Joint Commission shall provide necessary administrative support for such session, and shall record any decisions and discussions of the FTA Joint Commission, copies of which will be provided to the other Party.
5. The FTA Joint Commission shall ordinarily meet at the level of senior officials, unless there is a request by a Party to convene the meeting at ministerial level. Each Party shall be responsible for the composition of its own delegation to the FTA Joint Commission.
6. The FTA Joint Commission shall, in accordance with this Article consider proposals for any amendments to this Agreement submitted by a Party and recommend to the Parties amendments for adoption. The Parties may negotiate modifications to this Agreement and its Annexes. The acceptance by a Party of any modification is subject to the completion of any necessary domestic legal procedures of that Party.
7. All decisions of the FTA Joint Commission shall be taken by consensus.
8. Each Party shall treat any confidential information exchanged in relation to meetings of the FTA Joint Commission, committees and other bodies established under this Agreement on the same basis as the Party providing the information.
Article 141. Specialized Committees
1. The following committees and bodies are hereby established under the auspices of the FTA Joint Commission:
(a) The Committee on Trade in Goods;
(b) The Committee on Trade in Services;
(c) The Committee on Investment;
(d) The Committee on Economic and Technical Cooperation; and
(e) The Committee on Customs.
2. The committees may decide to establish their own sub-committees or any other bodies for the performance of their tasks.
3. All decisions made by the committees and other bodies shall be subject to the endorsement of the FTA Joint Commission.
Article 142. Contact Points
1. For the purpose of facilitating communication between the Parties on any matter covered by this Agreement, the following contact points are designated:
(a) for China, the Ministry of Commerce; and
(b) for Maldives, the Ministry of Economic Development.
2. Upon request of a Party, the contact point of the other Party shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.
Chapter 13. DISPUTE SETTLEMENT
Article 143. Cooperation
The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation when a dispute occurs.
Article 144. Scope of Application
Unless otherwise provided in this Agreement, wherever a Party considers that the other Party has failed to carry out its obligations in this Agreement, the dispute settlement provisions of this Chapter shall apply.
Article 145. Choice of Forum
1. Where a dispute arises under this Agreement and under other agreements including another free trade agreement to which the Parties are party or the WTO Agreement, the complaining Party may select the forum in which to settle the dispute.
2. Once the complaining Party has requested an Arbitral Tribunal under an agreement referred to in the paragraph 1, the forum selected shall be used to the exclusion of other fora.
Article 146. Consultation
1. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of any dispute through consultations under this Article or other consultative provisions of this Agreement.
2. The request for consultations shall be submitted in writing and shall set out the reasons for the request, including identification of the measure at issue and an indication of the legal basis for the complaint. The complaining Party shall deliver the request to the Party complained against.
3. If a request for consultations is made, the Party complained against shall reply to the request within 10 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view of reaching a mutually satisfactory solution. If the Party complained against does not respond within the aforesaid 10 days, or does not enter into consultations within the aforesaid 30 days, then the complaining Party may proceed directly to request the establishment of an Arbitral Tribunal.
4. The consultations shall be confidential and are without prejudice to the rights of any Party in any further proceedings.
Article 147. Establishment of an Arbitral Tribunal
1. If the consultation referred to in Article 146 fails to resolve a matter within 60 days after receipt of the request for consultations, the complaining Party may request, in writing, the establishment of an Arbitral Tribunal to consider the matter.
2. The complaining Party shall indicate in the request whether consultations were held, identify the specific measures at issue and provide brief summary of the legal basis of the complaining Party sufficient to present the problem clearly, and shall deliver the request to the other Party. An Arbitral Tribunal is established upon receipt of a request.
Article 148. Composition of an Arbitral Tribunal
1. An Arbitral Tribunal shall be composed of three members.
2. Within 15 days after the establishment of an Arbitral Tribunal, each Party shall appoint one member of the Arbitral Tribunal respectively.
3. The Parties to the dispute shall designate by common agreement the appointment of the third arbitrator within 30 days after the establishment of an Arbitral Tribunal. The arbitrator thus appointed shall chair the Arbitral Tribunal.
4. If any member(s) of the Arbitral Tribunal has not been designated or appointed within 30 days after the establishment of an Arbitral Tribunal, at the request of any Party to the dispute, the Director-General of the WTO is expected to designate the member(s) within a further 30 days. If one or more members are designated according to this paragraph, the Director-General of the WTO is expected to designate the Chair of an Arbitral Tribunal.
5. The Chair of the Arbitral Tribunal shall not be a national of any of the Parties to the dispute, nor have his or her usual place of residence in the territory of any of the Parties to the dispute, nor be employed by any of the Parties to the dispute, nor have dealt with the matter in any capacity.
6. All arbitrators shall:
(a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(c) be independent of, and not be affiliated with or take instructions from, any Party; and
(d) comply with a code of conduct in conformity with the rules established in the document WT/DSB/RC/1 of the WTO.
7. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed within 15 days in accordance with the selection procedure as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the Arbitral Tribunal shall be suspended during the appointment of the successor.
Article 149. Functions of Arbitral Tribunal
1. The function of an Arbitral Tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement.
2. Where an Arbitral Tribunal concludes that a measure is inconsistent with this Agreement, it shall recommend that the Party complained against bring the measure into conformity with this Agreement.
3. The Arbitral Tribunal shall consider this Agreement in accordance with customary rules of interpretation of public international law. The Arbitral Tribunal, in their findings and recommendations, cannot add to or diminish the rights and obligations provided in this Agreement.
Article 150. Rules of Procedure of an Arbitral Tribunal
1. Unless the Parties otherwise agree, the Arbitral Tribunal proceedings shall be conducted in accordance with the Rules of Procedure set out in Annex 9.
2. The Arbitral Tribunal shall, apart from the rules set out in this Article, regulate its own procedures in relation to the rights of the Parties to the dispute to be heard and its deliberations in consultation with the Parties to the dispute.
3. The Arbitral Tribunal shall take its decisions by consensus; provided that where an Arbitral Tribunal is unable to reach consensus it may take its decisions by majority vote. Arbitrators may furnish separate opinions on matters not unanimously agreed. All opinions expressed in the Arbitral Tribunal report by individual arbitrators shall be anonymous.
4. Unless the Parties to the dispute otherwise agree within 20 days from the date of the establishment of the Arbitral Tribunal, the terms of reference shall be:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an Arbitral Tribunal pursuant to Article 147 and to make findings of law and fact together with the reasons therefore for the resolution of the dispute.”
5. Unless otherwise agreed by the Parties, the remuneration of the arbitrators and other expenses of the Arbitral Tribunal shall be borne by the Parties to the dispute in equal shares.
Article 151. Suspension or Termination of Proceedings
1. The Parties to the dispute may agree that the Arbitral Tribunal suspends its work at any time for a period not exceeding 12 months from the date of such agreement. If the work of the Arbitral Tribunal has been suspended for more than 12 months, the terms of reference for establishment of the Arbitral Tribunal shall lapse unless the Parties to the dispute otherwise agree.
2. The Parties to the dispute may agree to terminate the proceedings of an Arbitral Tribunal.
Article 152. Report of Arbitral Tribunal
1. The Arbitral Tribunal shall base its report on the relevant provisions of this Agreement and the submissions and arguments of the Parties to the dispute.
2. The Arbitral Tribunal shall present to the Parties an initial report within 90 days from the date of appointment of the final arbitrator. Each Party may submit written comments to the Arbitral Tribunal on its initial report within 14 days of receipt of the report.
3. In exceptional cases, if the Arbitral Tribunal considers it cannot present its initial report within 90 days, it shall inform the Parties to the dispute in writing of the reasons for the delay together with an estimate of the period within which it will release its report. Any delay shall not exceed a further period of 30 days unless the Parties to the dispute otherwise agree.
4. Unless the Parties to the dispute otherwise agree, the Arbitral Tribunal shall present to the Parties a final report within 45 days of presentation of the initial report.
5. The Arbitral Tribunal’s report is final and has no binding force except between the Parties to the dispute and in respect of that particular case to which the report is referred to.
6. The final report shall be made available to the public no later than 15 days after the issuance of the report, subject to the protection of confidential information, unless a Party to the dispute decides not to do so.
Article 153. Implementation of Arbitral Tribunal’s Report
1. If in its report the Arbitral Tribunal concludes that a Party has not conformed to its obligations under this Agreement, the resolution, whenever possible, shall be to eliminate the non-conformity.
2. Unless the Parties to the dispute reach agreement on compensation or other mutually satisfactory solution, the Party complained against shall implement the recommendations contained in the report of the Arbitral Tribunal.
3. The Party complained against shall implement the recommendations contained in the report of the Arbitral Tribunal within a reasonable period of time if it is not practicable to comply immediately.
Article 154. Reasonable Period of Time
1. The reasonable period of time shall be mutually determined by the Parties to the dispute, or where the Parties to the dispute fail to agree on the reasonable period of time within 45 days of the issuance of the Arbitral Tribunal’s report, either Party may, to the extent possible, refer the matter to the original Arbitral Tribunal, which shall determine the reasonable period of time.
2. The Arbitral Tribunal shall provide its report to the Parties to the dispute within 60 days after the date of the referral of the matter to it. When the Arbitral Tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties to the dispute in writing of the reasons for the delay together with an estimate of the period within which it will present its report. Any delay shall not exceed a further period of 30 days unless the Parties to the dispute otherwise agree.
3. The reasonable period of time normally shall not exceed 15 months from the date of issuance of the Arbitral Tribunal’s report.
Article 155. Compliance Review
1. Where there is disagreement as to the existence or consistency with this Agreement of measures taken to comply with the recommendations of the Arbitral Tribunal, such dispute shall be referred to an Arbitral Tribunal proceeding, including wherever possible by resort to the original Arbitral Tribunal.
2. The Arbitral Tribunal shall provide its report to the Parties to the dispute within 60 days after the date of the referral of the matter to it. When the Arbitral Tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties to the dispute in writing of the reasons for the delay together with an estimate of the period within which it will present its report. Any delay shall not exceed a further period of 30 days unless the Parties to the dispute otherwise agree.
3. Articles concerning procedure of Arbitral Tribunal in this Chapter shall apply mutatis mutandis to the procedure under this Article.