(c) reporting the activities of the Working Group to the Joint Committee if there are any activities to be reported;
(d) facilitating cooperation among private sectors of the Parties that contributes to the objectives of this Chapter; and
(e) carrying out other functions as may be delegated by the Joint Committee pursuant to subparagraph 5(b) of Article 23.1.
3. The Working Group shall adopt its own rules of procedure and the details of the cooperation referred to in this Chapter.
4. The Working Group may, by consensus, invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed.
Article 19.6. Contact Points and Communications
1. Each Party shall, upon the entry into force of this Agreement, designate at least one contact point to facilitate communications between the Parties on any matter relating to this Chapter and notify the other Party of the contact details including information regarding the relevant officials. The Parties shall promptly notify each other of any change of those contact details.
2. The requests relating to this Chapter raised by relevant entities in a Party other than the Governments of the Parties shall be notified by that Party's contact point to the other Party's contact point referred to in this Article within a reasonable period of time.
3. Communications referred to in this Chapter shall be made in English.
Article 19.7. Relation to other Chapters
1. Unless otherwise agreed by the Parties, this Chapter does not apply to matters covered by Chapter 2, 6, 7 or 14.
2. Nothing in this Chapter shall affect the rights and obligations of either Party under Chapters 2, 6, 7 and 14.
Article 19.8. Dispute Settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.
Chapter 20. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 20.1. Objective
The Parties recognise the importance of the provisions of this Chapter as well as other provisions in this Agreement that seek to enhance cooperation between the Parties on matters of relevance to small and medium-sized enterprises (hereinafter referred to in this Chapter as "SMEs") or that may otherwise be of particular benefit to SMEs.
Article 20.2. Cooperation
1. Recognising that SMEs may require assistance in participating in global markets, the Parties shall undertake and strengthen cooperation activities to:
(a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities under this Agreement; and
(b) promote and facilitate trade and investment opportunities for SMEs of the Parties.
2. Cooperation activities referred to in paragraph 1 may include:
(a) promoting cooperation between relevant entities including non-governmental organisations in the Parties with a view to assisting SMEs;
(b) developing and promoting seminars including those held through the Internet, workshops or other activities to inform SMEs of the benefits available to them under this Agreement; and
(c) exchanging and discussing each Party's experiences and best practices in supporting and assisting SMEs that are exporters with respect to, among other things:
(i) training programmes;
(ii) trade education;
(iii) trade finance;
(iv) identifying commercial partners in the other Party;
(v) establishing good business credentials;
(vi) participating and integrating into global supply chains; and
(vii) using electronic commerce.
3. The Parties also recognise that the involvement of the private sector is important in these cooperation activities.
Article 20.3. Information Sharing
1. Each Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement, including all Annexes, in particular the tariff schedules and product-specific rules of origin;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that the Party considers to be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in the website referred to in paragraph 1 links to:
(a) the equivalent website of the other Party; and
(b) the websites of its government authorities and other appropriate entities that provide information the Party considers useful to persons interested in trading, investing, or doing business in that Party.
3. Each Party shall ensure that the linked websites referred to in subparagraph 2(b) provide information related to:
(a) customs legislation and procedures, as well as a description of the procedures, the practical steps, the forms, documents and other information required for importation into, exportation from, or transit through the customs territory of that Party;
(b) laws and regulations, including procedures, concerning intellectual property rights;
(c) technical regulations and conformity assessment procedures;
(d) sanitary and phytosanitary measures relevant for importation and exportation;
(e) publication of notices for government procurement in accordance with Article 10.4 as well as other relevant information;
(f) business registration procedures;
(g) taxes collected during the importation procedures, if applicable; and
(h) other information which the Party considers to be useful for SMEs.
4. Each Party shall include in the website referred to in paragraph 1 a link to a database that is electronically searchable by tariff nomenclature code and that includes, if the Party considers applicable, the following information with respect to access to its market:
(a) rates of customs duty to be applied by the Party to the originating goods of the other Party, the most-favoured-nation applied rates of customs duty and tariff rate quotas established by the Party;
(b) customs or other fees, including product-specific fees, imposed on or in connection with importation and exportation;
(c) other tariff measures;
(d) rules of origin;
(e) duty drawback, deferral or other types of relief that reduce, refund or exempt customs duties;
(f) criteria used to determine the customs value of goods;
(g) country of origin marking requirements, including placement and method of marking; and
(h) other relevant measures.
5. Each Party shall regularly, or when requested by the other Party, review the information and links referred to in paragraphs 1 to 4 to ensure that they are up-to-date and accurate.
6. Each Party shall work towards ensuring that information provided pursuant to this Article is presented in a manner that is easy to use for SMEs. Each Party shall endeavour to make the information available in English.
7. No fee shall be imposed on any person of either Party for access to the information provided pursuant to paragraphs 1 to 4.
Article 20.4. SME Contact Points
1. Each Party shall, upon the entry into force of this Agreement, designate a contact point for the implementation of this Chapter (hereinafter referred to in this Chapter as "SME Contact Points") and notify the other Party of the contact details including information regarding the relevant officials. The Parties shall promptly notify each other of any change of those contact details.
2. The SME Contact Points shall, in accordance with each Party's rules and procedures, have the following functions:
(a) ensuring that the needs of SMEs are taken into account in the implementation of this Agreement;
(b) considering ways for strengthening the cooperation on matters of relevance to SMEs between the Parties in view of increasing trade and investment opportunities for SMEs;
(c) identifying ways and exchanging information for enabling SMEs of each Party to take advantage of new opportunities under this Agreement;
(d) monitoring the implementation of Article 20.3 and ensuring that the information provided by each Party is up-to-date and relevant for SMEs;
(e) regularly submitting a report on their activities and making appropriate recommendations to the Joint Committee; and
(f) considering any other matter of relevance to SMEs that is covered by this Agreement.
3. The SME Contact Points may, in accordance with each Party's rules and procedures, recommend to the Joint Committee the inclusion of additional information by the Parties in their respective websites referred to in Article 20.3.
4. The SME Contact Points shall endeavour to address any other matter of interest to SMEs in connection with the implementation of this Agreement, including by:
(a) exchanging information to assist the Parties in monitoring the implementation of this Agreement on matters of relevance to SMEs;
(b) participating in the work of specialised committees and working groups established under this Agreement, including matters of regulatory cooperation and non-tariff issues, and presenting to those specialised committees and working groups, in their respective areas of competence, specific matters of particular interest to SMEs, while avoiding duplication of work; and
(c) considering mutually acceptable solutions for improving the ability of SMEs to engage in trade and investment between the Parties.
5. The SME Contact Points shall meet when necessary and shall carry out their activities through the appropriate communication channels, which may include electronic mail, videoconference or other means.
6. The SME Contact Points may seek to cooperate with experts in the field of SMEs and external organisations, as appropriate, in carrying out their activities.
Article 20.5. Dispute Settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.
Chapter 21. TRADE AND WOMEN'S ECONOMIC EMPOWERMENT
Article 21.1. Women and the Economy
1. The Parties recognise the importance of enhancing opportunities for women within their territories, including workers and business owners, to participate equitably in the domestic and global economy.
2. The Parties further recognise the benefit of sharing their diverse experiences in designing, implementing and strengthening programmes to reduce the systemic barriers which may exist for women in international trade and which prevent them from participating equitably in the domestic and global economy.
Article 21.2. Cooperation Activities
The Parties shall consider undertaking cooperation activities aimed at enhancing the ability of women, including workers and business owners, to fully access and benefit from the opportunities created by this Agreement. These activities may include providing advice or training, and exchanging information and experience on:
(a) programmes aimed at improving the access of women to markets, technology and financing;
(b) development of women's leadership and business networks;
(c) identification of best practices related to workplace flexibility; and (d) activities related to the Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference in Buenos Aires in December 2017.
Article 21.3. Working Group on Trade and Women's Economic Empowerment
1. The Working Group on Trade and Women's Economic Empowerment established pursuant to Article 23.4 shall be responsible for furthering shared objectives of enhancing the ability of women to fully access and benefit from the opportunities created by trade, for implementing cooperation activities referred to in Article 21.2, ensuring that the development of such activities is carried out with the inclusive participation of women, and for providing opportunity for monitoring and review as may be agreed by the Parties.
2. The Working Group on Trade and Women's Economic Empowerment shall meet at such times and venues, or by such means, as may be agreed by the Parties.
Article 21.4. Dispute Settlement
The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.
Chapter 22. DISPUTE SETTLEMENT
Section A. Objective, Scope and Definitions
Article 22.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for settling disputes between the Parties concerning the interpretation and application of the provisions of this Agreement with a view to reaching a mutually agreed solution.
Article 22.2. Scope
Unless otherwise provided for in this Agreement, this Chapter applies with respect to the settlement of any dispute between the Parties concerning the interpretation and application of the provisions of this Agreement.
Article 22.3. Definitions
For the purposes of this Chapter:
(a) "arbitrator" means a member of a panel;
(b) "cases of urgency" and "matters of urgency" include those which concern goods or services that rapidly lose their quality, current condition or commercial value in a short period of time;
(c) "Code of Conduct" means the Code of Conduct for Arbitrators referred to in Article 22.30;
(d) "complaining Party" means the Party that requests the establishment of a panel pursuant to Article 22.7;
(e) "covered provisions" means the provisions of this Agreement covered by this Chapter in accordance with Article 22.2;
(f) "DSB" means the Dispute Settlement Body of the WTO;
(g) "panel" means a panel established pursuant to Article 22.7;
(h) "Party complained against" means the Party against which a dispute has been brought before a panel pursuant to Article 22.7; and
(i) "Rules of Procedure" means the Rules of Procedure of a Panel referred to in Article 22.30.
Section B. Consultations and Mediation
Article 22.4. Request for Information
Before a request for consultations or mediation is made pursuant to Article 22.5 or 22.6 respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date of receipt of the request.
Article 22.5. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 22.2 through consultations in good faith with a view to reaching a mutually agreed solution.
2. A Party may seek consultations by means of a written request to the other Party. In the request for consultations, the Party which requested consultations shall give the reasons for the request, including identification of the measure at issue and an indication of its factual basis and its legal basis specifying the relevant covered provisions.
3. During consultations each Party shall provide sufficient information to enable a full examination of the measure at issue including how that measure could affect the operation and application of this Agreement.
4. The Party to which the request for consultations is made shall reply to the request no later than 10 days after the date of receipt of the request. The Parties shall enter into consultations no later than 30 days after the date of receipt of the request. Consultations shall be deemed to be concluded no later than 45 days after the date of receipt of the request unless the Parties agree otherwise. Where both Parties consider that the case concerns matters of urgency, consultations shall be deemed to be concluded no later than 25 days after the date of receipt of the request unless the Parties agree otherwise.
5. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the Party to which the request is made.
6. Consultations, including all information disclosed and positions taken by the Parties during those proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings.
Article 22.6. Mediation
1. A Party may at any time request the other Party to enter into a mediation procedure with respect to any matter within the scope of this Chapter concerning a measure that adversely affects trade or investment between the Parties. 2. The Parties may at any time agree to enter into a mediation procedure which shall be initiated, conducted and terminated in accordance with the Mediation Procedure to be adopted by the Joint Committee at its first meeting pursuant to subparagraph 4(f) of Article 23.1.
3. If the Parties agree, the mediation procedure may continue while the panel procedures set out in Section C proceed.
Section C. Panel Procedure
Article 22.7. Establishment of a Panel
1. The Party that sought consultations pursuant to Article 22.5 may request the establishment of a panel if:
(a) the other Party does not respond to the request for consultations within 10 days after the date of its receipt, or does not enter into consultations within 30 days after the date of receipt of the request;
(b) the Parties agree not to enter into consultations; or
(c) the Parties fail to resolve the dispute through consultations within 45 days, or within 25 days in cases of urgency, after the date of receipt of the request for consultations, unless the Parties agree otherwise.
2. The request for the establishment of a panel pursuant to paragraph 1 shall be made in writing to the Party complained against. In its complaint, the complaining Party shall explicitly identify:
(a) the measure at issue;
(b) the legal basis specifying the relevant covered provisions in such a manner as to clearly present how such measure is inconsistent with those provisions; and
(c) the factual basis.
Article 22.8. Composition of a Panel
1. A panel shall be composed of three arbitrators.
2. No later than 10 days after the date of receipt of the request for the establishment of a panel by the Party complained against, the Parties shall consult with a view to reaching an agreement on the composition of the panel.
3. If the Parties do not reach an agreement on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint an arbitrator from the sub-list for that Party established pursuant to Article 22.9 no later than five days after the expiry of the time period provided for in paragraph 2. If a Party fails to appoint an arbitrator within that time period, the Co-chair of the Joint Committee from the complaining Party shall select by lot, no later than five days after the expiry of the time period, an arbitrator from the sub-list for the Party that has failed to appoint an arbitrator established pursuant to Article 22.9. The Co-chair of the Joint Committee from the complaining Party may delegate the selection by lot of the arbitrator to his or her representative.
4. If the Parties do not reach an agreement on the chairperson of the panel within the time period provided for in paragraph 2, on request of a Party, the Co-chair of the Joint Committee from the complaining Party shall select by lot, no later than five days after the date of delivery of the request, the chairperson of the panel from the sub-list of chairpersons established pursuant to Article 22.9. That request shall be notified simultaneously to the other Party. The Co-chair of the Joint Committee from the complaining Party may delegate the selection by lot of the chairperson of the panel to his or her representative.
5. Should the lists provided for in Article 22.9 not be established or not contain at least nine individuals as referred to in that Article, the following procedures apply:
(a) for the selection of the chairperson:
(i) if the sub-list of chairpersons contains at least two individuals agreed by the Parties, the Co-chair of the Joint Committee from the complaining Party shall select by lot the chairperson from those individuals no later than five days after the date of delivery of the request referred to in paragraph 4;
(ii) if the sub-list of chairpersons contains one individual agreed by the Parties, that individual shall act as chairperson; or
(iii) if the Parties fail to select a chairperson pursuant to subparagraph (i) or (ii) or if the sub-list of chairpersons contains no individual agreed by the Parties, the Co-chair of the Joint Committee from the complaining Party shall, no later than five days after the date of delivery of the request referred to in paragraph 4, select by lot the chairperson from the individuals who had been formally proposed by a Party as chairperson at the time of establishing or updating the list of arbitrators referred to in Article 22.9. A Party may propose a new individual, if an individual who had been formally proposed as chairperson by that Party is no longer available; and
(b) for the selection of an arbitrator other than the chairperson:
(i) if the sub-list of a Party contains at least two individuals agreed by the Parties, that Party shall select an arbitrator from those individuals no later than five days after the expiry of the time period provided in paragraph 2;
(ii) if the sub-list of a Party contains one individual agreed by the Parties, that individual shall act as an arbitrator; or
(iii) if an arbitrator cannot be selected pursuant to subparagraph (i) or (ii) or if the sub-list of arbitrators of a Party contains no individual agreed by the Parties, the Co-chair of the Joint Committee from the complaining Party shall select an arbitrator applying mutatis mutandis the procedure referred to in subparagraph (a).