"electronic document" means a document in which information is presented in electronic form with details allowing to establish its integrity and authenticity, which are confirmed by the use of certified electronic signatures using public keys of the person who signed this electronic document when verifying the electronic signature;
"electronic signature" means data in electronic form that is in, affixed to, or logically associated with an electronic data message that may be used to identify the signatory in relation to the data message and indicate the signatory's approval of the information contained in the data message (55);
"digital certificate" means electronic document which is signed by the authorized body, and contains information of the owner of the public key, information of the public key, information of the organization which issued the certificate, duration of the certificate and other information;
"document in electronic form" means information, data or electronic document created, transmitted, received or stored in electronic systems enabling electronic commerce;
"personal information" means any information about an identified or identifiable natural person; and
"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 5.2. Scope and General Provisions
1. The Parties recognize 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, contributing to creating an environment of trust and confidence in the use of electronic commerce and to promoting the wider use of electronic commerce globally.
3. The Parties shall, in principle, endeavor to ensure that bilateral trade in electronic commerce shall be no more restricted than comparable non-electronic bilateral trade.
4. This Chapter shall apply to measures adopted or maintained by a Party that affect electronic commerce.
5. This Chapter shall not apply to:
(a) government procurement; or
(b) information or data held or processed by governmental authorities and non-governmental bodies in the exercise of powers delegated by governmental authorities.
Article 5.3. 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 5.4. 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 5.5. Unsolicited Commercial Electronic Messages
1. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages that:
(a) require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to stop receiving such messages;
(b) require the consent, as specified according to its laws and regulations, of recipients to receive commercial electronic messages; or
otherwise provide for the minimization of unsolicited commercial electronic messages.
2. Each Party shall provide recourse against suppliers of unsolicited commercial electronic messages who do not comply with its measures implemented pursuant to paragraph 1| of this Article.
3. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
Article 5.6. Domestic Regulatory Framework
1. Each Party shall adopt or maintain a legal framework governing electronic transactions, taking into account the UNCITRAL Model Law on Electronic Commerce 1996, or other applicable international conventions and model laws relating to electronic commerce.
2. Each Party shall endeavour to avoid any unnecessary regulatory burden on electronic transactions.
Article 5.7. 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 22 June 2022 in relation to the Work Programme on Electronic Commerce (WT/MIN(22)/32).
2. Each Party reserves the right to adjust its practice referred to in paragraph 1 of this Article in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce.
Article 5.8. Transparency
1. Each Party shall publish as promptly as possible or, where that is not practicable, otherwise make publicly available, including on the internet where feasible, all relevant measures of general application pertaining to or affecting the operation of this Chapter.
2. Each Party shall respond as promptly as possible to a relevant request from the other Party for specific information on any of its measures of general application pertaining to or affecting the operation of this Chapter.
Article 5.9. Cyber Security
The Parties recognize the importance of:
(a) building the capabilities of their respective competent authorities responsible for computer security incident responses including through the exchange of best practices; and
(b) strengthening communication and conducting cooperation on matters related to cyber security.
Article 5.10. 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. Following on paragraph 1 of this Article, in two years after entry into force of this Agreement, Parties shall start elaborating additional provisions with respect to the mutual recognition of digital certificates and electronic signatures.
The principles of mutual recognition of digital certificates and electronic signatures may include inter alia the following approaches:
(a) mutual recognition of electronic signatures and digital certificates is based on equivalent levels of reliabilities;
(b) equivalent level of reliability will be agreed by the Parties on the basis of institutional procedures;
(c) Parties endeavour to create necessary legal basis for the mutual recognition of digital certificates, verification of electronic signatures with the usage of the agreed technologies.
4. Each Party shall encourage the use of digital certificates in the business sector.
Article 5.11. Paperless Trading
1. Each Party shall:
(a) work towards implementing initiatives which provide for the use of paperless trading, taking into account the methods agreed by international organizations including the World Customs Organization;
(b) endeavour to accept trade administration documents submitted electronically as the legal equivalent of the paper version of such trade administration documents;
(c) endeavour to make trade administration documents available to the public in electronic form; and
(d) endeavor to ensure the submission of documents related to trade transactions to the competent authorities of the Parties in the form of electronic documents with an electronic signature.
2. The Parties shall cooperate in international fora to enhance acceptance of electronic versions of trade administration documents.
Article 5.12. Network Equipment
1. Both Parties recognize the importance of network equipment, products related to e-commerce to the safeguarding of the healthy development of e-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 technological services.
Article 5.13. 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 5.14. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.
Chapter VI. MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES
Article 6.1. Regulatory Environment
In view of the important role of mirco, small and medium enterprises (MSMEs) in increasing employment, promoting economic growth, scientific and technological innovation and social stability, the Parties shall provide a favorable, stable and predictable policy and regulatory environment for the development of MSMEs of each Party in the territory of the other Party.
Article 6.2. Exchange of Information
The Parties should aim to share information and good practices with MSMEs. These practices should promote upstream and downstream cooperation in the industry chain, improve the productivity of MSMEs, and increase their access to markets.
Article 6.3. Cooperation
1. The Parties shall encourage:
(a) service institutions to provide legal, intellectual property, financial, consulting, inspection, testing and certification services for MSMEs;
(b) cooperation of large enterprises with MSMEs within supply chains;
(c) MSMEs to participate in large-scale sales and exhibition activities; and
(d) financial institutions to enhance support for MSMEs.
2. Cooperation shall be carried out through, inter alia, the following activities:
(a) information exchange;
(b) conferences, seminars, experts dialogue and training programs; and
(c) project promotion, exhibition platform, industry exchange, etc.
3. Cooperation may include: (a) establishing mechanisms for supply chain collaboration; (b) exploring approaches and strategies for cluster development;
(c) increasing the access of export-oriented MSMEs to information related to mandatory procedures and any other relevant information; and
(d) increasing access of MSMEs to information on technology upgrading programs, financial support, incentive programs, and incentives such as tax breaks.
Chapter VII. INTELLECTUAL PROPERTY
Article 7.1. Objectives and Principles
1. The Parties recognize the importance of protection and enforcement of intellectual property rights in order to incentivize research, development and creative activity which will promote economic and social development, as well as dissemination of knowledge and technology, particularly in the new digital economy, technological innovation and trade.
2. The Parties also recognize the necessity of balance between the legitimate interest of right owners and the public at large.
3. The Parties reiterate and reaffirm the effectiveness of the Chapter 7 of Agreement on Economic and Trade Cooperation between the People's Republic of China, of the one part, and the Eurasian Economic Union and its Member States, of the other Part (hereinafter refers to China-EAEU Agreement) signed on May 18th, 2018 in Astana, Kazakhstan.
Article 7.2. Definitions
For the purposes of this Chapter:
"intellectual property" refers to copyright and related rights, trade marks, geographical indications, industrial designs, patents (inventions, utility models), layout designs (topographies) of integrated circuits, and plant varieties as defined in the China-EAEU Agreement.
Article 7.3. General Provisions
1. Each Party shall establish and maintain transparent intellectual property rights regimes and systems that:
(a) provide certainty over the protection and enforcement of intellectual property rights;
(b) minimise compliance costs for business; and
(c) facilitate international trade through the dissemination of ideas, technology and creative works.
2. Each Party reaffirms its commitment to the China-EAEU Agreement and any other multilateral agreement relating to intellectual property to which both parties are party.
3. For the purposes of this Chapter, the Chapter 7 of the China- EAEU Agreement is incorporated into and made part of this Agreement, mutatis mutandis.
Article 7.4. Contact Points
Each Party shall designate a contact point or points to facilitate communications between the Parties on any matter covered by this Chapter, and provide details of such contact points to the other Party. The Parties shall notify each other promptly of any amendments to the details of their contact points.
Article 7.5. Notification and Exchange of Information
1. At the request of a Party the Parties shall informeach other of:
(a) legislation status and developments in relation to intellectual property;
(b) developments in intellectual property policy in their respective administrations including on appropriate initiatives to promote awareness of intellectual property rights and systems;
(c) changes to, and developments in, the implementation of intellectual property systems, aimed at promoting effective and efficient registration or grant of intellectual property rights; and
(d) enhancement of intellectual property rights enforcement and related initiatives in multilateral and regional fora.
2. Any information or notification provided under this Article shall be conveyed through the contact points referred to in Article 7.4 (Contact Points).
Article 7.6. Cooperation and Capacity Building
1. The Parties agree to cooperate with a view to increasing capacity in the development of intellectual property policy and eliminating trade in goods infringing intellectual property rights, subject to their respective laws, rules, regulations, directives and policies.
2. Each Party shall:
(a) encourage and facilitate the development of contacts and cooperation between their respective government agencies, educational institutions and other organizations with an interest in the field of intellectual property rights; and
(b) on mutually acceptable terms and subject to available funds, cooperate on:
(i) appropriate initiatives to promote awareness of intellectual property rights and systems;
(ii) educational and information dissemination projects on the use of intellectual property as a research and innovation tool; and
(iii) training and specialization courses for public institutions on intellectual property rights.
Article 7.7. Consultation
1. A Party may at any time request consultations with the other Party, with a view to seeking a timely and mutually satisfactory resolution of any intellectual property issue within the scope of this Chapter.
2. Such consultation shall be conducted through the Partiesâ designated contact points, and shall commence within 60 days of the receipt of the request for consultation, unless the Parties mutually determine otherwise. Each Party shall ensure its contact point is able to coordinate and facilitate a response on the issue under consideration.
Chapter VIII. COMPETITION
Article 8.1. Definitions
For the purposes of this Chapter:
"anticompetitive business conduct" means business conduct or actions that adversely affect competition in the territory of a Party, such as:
(a) agreements between enterprises, decisions by associations of enterprises and concerted practices, which have as their object or effect the prevention, restriction or distortion of competition in the territory of either Party as a whole or ina substantial part thereof:
(b) any abuse by one or more enterprises of a dominant position in the territory of either Party as a whole or in a substantial part thereof; or
(c) concentrations between enterprises, which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in the territory of either Party as a whole or in a substantial part thereof;
(d) Acts of unfair competition;
"competition laws" means:
(a) for the People's Republic of China, the Antimonopoly Law, Anti-unfair Competition Law and its implementing regulations and amendments; and
(b) for the Republic of Belarus, the Law of the Republic of Belarus dated 12 December 2013 No. 942 "On Counteraction to Monopolistic Activities and Promotion of Competition" and its bylaws and amendments to it.
Article 8.2. Objectives
Each Party understands that proscribing anticompetitive business conduct, implementing competition policies and cooperating on competition issues contribute to preventing the benefits of trade and investment liberalization from being undermined and to promoting economic efficiency and consumer welfare.
Article 8.3. Competition Laws and Authorities
1. Each Party shall maintain or adopt competition laws that promote and protect the competitive process in its market by proscribing anticompetitive business practices.
2. Each Party shall maintain an authority or authorities responsible for the enforcement of its national competition laws.
Article 8.4. Principles In Law Enforcement
1. Each Party shall be consistent with the principles of transparency, non-discrimination, and procedural fairness in the competition law enforcement.
2. Each Party shall treat persons who are not persons of the Party no less favorably than persons of the Party in like circumstances in the competition law enforcement.
3. Each Party shall ensure that before it imposes a sanction or remedy against a person for violating its national competition laws, it affords that person a reasonable opportunity to present opinion or evidence in its defense.
4. Each party shall provide a person that is subject to the imposition of a sanction or remedy for violation of its national competition laws with the opportunity to seek review of the sanction or remedy under that party's laws.
Article 8.5. Transparency
1. Each Party shall make public its competition laws and regulations, including procedural rules for the investigation.
2. Each Party shall ensure that a final administrative decision finding a violation of its national competition laws are in writing and sets out relevant findings of fact and legal basis on which the decision is based.
3. Each Party shall make public a final decision or order implementing the decision establishing a violation of its national competition law in accordance with its national competition laws and regulations. Each Party shall ensure that the version of the decision or order that is made available to the public does not include business confidential information that is protected from public disclosure by its national law.
Article 8.6. Cooperation In Law Enforcement
1. The Parties recognize the importance of cooperation and coordination in competition field, to promote effective competition law enforcement in the free trade area. Accordingly, Each Party shall cooperate through notification, consultation, exchange of information, and technical cooperation.
2. The Parties agree to cooperate in a manner compatible with their respective laws, regulations and important interests, and within their reasonably available resource.
Article 8.7. Notification
1. Each Party, through its competition authority or authorities, shall notify the other Party of an enforcement activity if it considers that such enforcement activity may substantially affect the other Party's important interests.