2. Each Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement, and its relationship with ECA No. 35;
(b) asummary of this Agreement, and
(c) information for entrepreneurs and MSMEs, containing:
(i) a description of the provisions of this Agreement that the Party considers relevant to entrepreneurs and MSMEs, and
(ii) any additional information or action that the Party considers useful for entrepreneurs and MSMEs interested in benefiting from the opportunities granted by this Agreement.
3. Each Party shall include, on the site referred to in paragraph 2, links to:
(a) the equivalent websites of the other Party, and
(b) the websites of its governmental agencies and other appropriate entities that provide information that the Party considers useful to any person interested in trading, investing or doing business in the territory of that Party.
The information described in paragraph 3(b) may include:
(a) the types of duties applied and taxes of any kind levied on or in connection with imports or exports, with particular emphasis on the situation of entrepreneurs and MSMEs;
(b) import, export and transit procedures, including procedures at ports, airports, and other points of entry and the forms and documents required, highlighting special benefits and obligations for entrepreneurs and MSMEs, where they exist;
(c) the procedures and regulations applicable in the area of certification of origin, including digital certification, certification of multiple transactions and exceptions in certain circumstances;
(d) regulations and procedures on intellectual property rights;
(e) technical regulations, standards, and sanitary and phytosanitary measures relating to import and export;
(f) simplified procedures for the registration of businesses and activities related to the life cycle and development of enterprises, with emphasis on entrepreneurs and MSMEs, and
(g) any additional information deemed relevant by the Parties.
5. Each Party shall regularly review the information and links on the website referred to in paragraphs 2 and 3 to ensure that such information and links are correct and up to date.
6. Each Party shall ensure that the information contained in this Article is presented in a clear and practical manner, with a focus on facilitating access and use by entrepreneurs and MSMEs.
7. No fee shall be charged for access to information provided pursuant to paragraphs 1 and 2.
Article 9.3. Activities and Forms of Cooperation
The Parties recognize the importance of defining a joint strategy for cooperation on entrepreneurship and MSMEs, in relation to the following issues:
(a) identification and evaluation for the development of joint cooperation projects to strengthen the institutional support to entrepreneurs and MSMEs, when the Parties deem it appropriate;
(b) exchange of good practices on public policies, experiences and know-how in programmes and assistance tools for entrepreneurs and MSMEs;
(c) design, implementation and monitoring of public policies, programs, initiatives, actions, among others, to improve the productivity and competitiveness of entrepreneurs and MSMEs with emphasis on their internationalization, and
(d) Strengthening the entrepreneurial culture and national entrepreneurship and innovation ecosystems, which facilitate the emergence and consolidation of an inclusive MSME productive network that favours the growth potential of the Parties.
Article 9.4. Focal Points
1. The Parties establish the following focal points:
(a) in the case of Chile, the Ministry of Economy, Development and Tourism, through its Small Business Division, or its successor, and
(b) in the case of Paraguay, the Ministry of Industry and Commerce, through its Vice-Ministry of Micro, Small and Medium Enterprises, or its successor.
2. The focal points will be responsible for the promotion and monitoring of the activities agreed under this Chapter.
3. The focal points:
(a) will drive, ensure, promote the management and coordinate the activities agreed upon in this Chapter;
(b) facilitate the development of programs to assist entrepreneurs and MSMEs to effectively participate and integrate into global value chains;
(c) exchange information on the progress of actions and projects of common interest arising from this Chapter;
(d) periodically evaluate the progress and overall functioning of this Chapter;
(e) submit regular reports on the activities carried out in the area of focal point communication, and
(3) recommend additional information that a Party may include on the website referred to in Article 9.2.2.
4. The Focal Points shall meet at least once a year, from the time of entry into force of this Agreement, unless otherwise agreed by the Parties. They may meet, as necessary, in person or by any other available technological means.
5. Focal points may, where appropriate, seek to collaborate with appropriate experts and international donor organizations to carry out their programmes and activities.
Article 9.5. Consultations
The Parties shall make every effort through dialogue, consultation and cooperation to resolve any issues that may arise regarding the interpretation and application of this Chapter.
Article 9.6. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 17 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 10. REGIONAL AND GLOBAL VALUE CHAINS, PRODUCTIVE LINKAGES AND DIRECT INVESTMENTS
Article 10.1. General Provisions
1. The Parties recognize the importance of deepening integration in trade in goods, services and direct investments, through the incorporation of new trade disciplines and opportunities consistent with the current dynamics of international trade, such as Regional and Global Value Chains (hereinafter referred to as "RGVCs"), with a view to modernizing and expanding the Parties' bilateral economic relationship, and supporting strategies to strengthen the economic performance of the countries.
2. The Parties reaffirm their commitment to regional integration and recognize the importance of the benefits of trade integration being felt by all citizens of both Parties.
3. The Parties recognize that international trade and direct investment are drivers of economic growth and that the internationalization of enterprises and their insertion into the RGVCs should be facilitated.
4. The Parties stress the relevance of MSMEs and entrepreneurs in the productive structure of the countries, their impact on employment and inclusive economic development. Their adequate insertion in the RGVCs contributes to a more efficient allocation of resources and to a better distribution of the economic benefits derived from international trade, including the diversification and increase of the value added of exports.
5. The Parties express the importance of the participation of the private sector and the entrepreneurial community as key actors in the RGVCs, as well as the relevance of generating an enabling environment for the development of public-private policies.
6. The Parties recognize the importance for the development of RGVCs of aspects such as cumulation of origin, connectivity, infrastructure, trade facilitation, e-commerce, digitalization, Industry 4.0 and direct investments, among others, as catalysts for further cross-border productive integration.
7. The Parties recognize the importance of the services sector, including services associated with GVCs in trade integration, as well as the close relationship of this sector with direct investments, as an engine facilitating the development of productive linkages linked to services.
8. Each Party shall seek to promote internally public awareness of policies and practices on regional integration and GRULAC.
Article 10.2. Cooperative Activities Within the Scope of this Chapter
1. The Parties recognize the benefit of sharing their respective experiences in designing, implementing, strengthening and monitoring policies and programmes to encourage the participation of enterprises, especially MSMEs and entrepreneurs, in the RGVCs.,
2. The Parties shall pursue cooperative activities of mutual interest designed to take better advantage of the complementarities of their economies and to expand the capacity and scale of enterprises, especially MSMEs and entrepreneurs, to fully access and benefit from the opportunities created by this Chapter.
3. Cooperative activities may be carried out on issues and topics agreed upon by the Parties, through interaction with their respective governmental institutions, business and trade associations, educational and research institutions, other non-governmental bodies and their representatives, as appropriate.
4. The Parties shall take into account, as appropriate, inclusive trade, sustainable development, corporate social responsibility, reduction of gender gaps, indigenous peoples' development, environmental justice and civil society organizations in activities under this Chapter.
5. Areas of cooperation may include:
(a) develop programmes to identify the attributes that MSMEs and entrepreneurs need to develop in order to be inserted in the RGVCs;
(b) develop public-private strategies for the detection of opportunities, for example, economic sectors with potential for insertion in the RGVCs and the development of productive linkages between companies of the Parties (hereinafter referred to as "productive linkages");
(c) propose joint strategies to analyse and promote the insertion of enterprises in regional and global service chains;
(d) explore actions in conjunction with relevant government agencies to support trade in goods, services and direct investment, improve connectivity and encourage the formation of GRVCs;
(e) promote greater access to information on the opportunities offered by the RGVCs, especially for MSMEs and entrepreneurs;
(f) sharing methods and procedures for the collection of information, the use of indicators, and the analysis of trade statistics;
(g) identify opportunities at the company level, in Chile and Paraguay, for the generation of productive linkages;
(h) identify the main means that contribute to promote productive linkages, as well as the main obstacles that affect their formation;
(i) Generate cadastres of sectors or productive activities with the potential to participate in productive linkages in goods and services, and identify projects for direct investment, and
(j) such other matters as may be agreed by the Parties.
6. The Parties may carry out activities in the areas identified in paragraph 5, through:
(a) workshops, seminars, webinars, dialogues and other forums to exchange knowledge, experiences and good practices;
(b) the creation of a network of experts in RGVCs;
(c) internships, visits and research studies to document and study policies and practices;
(d) collaborative research and development of best practices on issues of mutual interest;
(e) specific exchanges of technical expertise and technical assistance, where appropriate, and
(f) other activities agreed by the Parties.
7. Priorities for cooperative activities shall be established by the Parties on the basis of their interests and available resources.
Article 10.3. Focal Points
1. The coordination of this Chapter will be carried out through focal points determined by the Parties.
2. The focal points:
(a) identify, organize and facilitate cooperative activities as provided for in Article 10.2;
(b) report and make recommendations to the Bilateral Administrative Commission on any matter related to this Chapter;
(c) facilitate the exchange of information on each Party's experiences with regard to the establishment and implementation of policies, strategies and programmes to promote the inclusion of enterprises in the RGVCs, including direct investment;
(d) discuss joint proposals to support and improve the policies of inclusion and participation in the RGVCs;
(e) invite private sector entities, international economic forums, non- governmental organizations, or other relevant institutions, as appropriate, to assist with the development and implementation of cooperative activities;
(f) consider matters related to the implementation and operation of this Chapter;
(g) on request of a Party, consider and discuss any matter that may arise regarding the interpretation and application of this Chapter; and
(h) carry out such other work as may be determined by the Parties.
3. The focal points shall meet periodically, in person or virtually, to consider any matters arising under this Chapter.
4. The focal points will be able to exchange information and coordinate activities by e- mail, videoconference and other forms of communication.
5. In fulfilling their responsibilities, the focal points may work with other bodies established under this Agreement.
6. The focal points may request that the Bilateral Administrative Commission refer the work to be carried out under this Article to other bodies established under this Agreement.
7. The focal points may invite experts or relevant organizations to their meetings, when deemed necessary.
8. Within two (2) years of the first meeting, the focal points shall review the implementation of this Chapter and report to the Bilateral Administrative Commission.
9. Each Party shall make use of its respective mechanisms, where appropriate, to report publicly on its activities under this Chapter.
10. To facilitate communication between the Parties on the implementation of this Chapter, each Party designates the following focal point and shall promptly notify the other Party of any changes thereto:
(a) for Chile, the Global Value Chains Division of the Undersecretariat for International Economic Relations, or its successor, and
(b) for Paraguay, the Directorate-General for International Trade under the Vice-Ministry of Economic Relations and Integration, or its successor.
Article 10.4. Consultations
The Parties shall make every effort, through dialogue, consultation and cooperation, to reach consensus on any matter arising in connection with the interpretation and implementation of this Chapter.
Article 10.5. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 17 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 11. TRADE AND LABOUR AFFAIRS
For the purposes of this Chapter:
ILO Declaration means the International Labour Organization (hereinafter referred to as "ILO") Declaration on Fundamental Principles and Rights at Work and its Follow-up, 1998;
labour law means
(a) for Chile: the laws and regulations, or provisions of the laws and regulations, of a Party, that are directly related to the following internationally recognized labour rights:
(i) freedom of association and the effective recognition of the right to collective bargaining;
(ii) the elimination of all forms of forced or compulsory labour;
(iii) the effective abolition of child labour and, for the purposes of this Agreement, the prohibition of the worst forms of child labour;
(iv) the elimination of discrimination in respect of employment and occupation, and
(v) acceptable working conditions with respect to minimum wages, working hours, occupational safety and health.
(b) for Paraguay: the set of legal norms and complementary provisions valid in each State Party, which regulate the relations between workers and employers and between employers and the State, concerning the subordinate and remunerated provision of labour activity, including those regulating the following internationally recognized labour rights:
(i) freedom of association and the effective recognition of the right to collective bargaining;
(ii) the elimination of all forms of forced or compulsory labour;
(iii) the effective abolition of child labour and, for the purposes of this Agreement, the prohibition of the worst forms of child labour;
(iv) the elimination of discrimination in respect of employment and occupation, and
(v) acceptable working conditions with respect to minimum wages, working hours, occupational safety and health.
Article 11.2. Shared Commitments
Within the framework of this Chapter, the Parties:
(a) reaffirm their obligations as members of the ILO, and their commitments under the ILO Declaration, with respect to labour rights within their territory;
(b) recognize the right of each Party to establish its own domestic labor standards and, consequently, to adopt or amend its labor legislation. In this regard, each Party shall endeavor to ensure that its laws establish labor standards consistent with internationally recognized labor rights;
(c) reaffirm their willingness to promote policies aimed at sustainable development in its labour dimension that support the creation of decent jobs, entrepreneurship, creativity and innovation, and encourage formalization in the labour market;
(d) reaffirm their commitment to the Decent Work Agenda, contained in the 2008 ILO Declaration on Social Justice for a Fair Globalization;
(e) recognize the relevance of the work of workers' and employersâ organizations in protecting labour rights and achieving social justice, and
(f) understand that, in accordance with paragraph 5 of the ILO Declaration, labour standards should not be used for protectionist purposes.
Article 11.3. Objectives
The objectives of this Chapter are:
(a) strengthen the relationship between the Parties and facilitate the enhancement of their capacities to deal with labour issues through dialogue and cooperation;
(b) progressively promote the well-being of their respective workforces through public policies and good labour practices that, based on decent work, support job creation and retention;
(c) to promote a better understanding of each Party's labour system, and to promote the dissemination and enforcement of labour rights, with a view to encouraging the observance of the Parties' national legislation;
(d) provide a forum to discuss and exchange views on labor issues of interest or concern to the Parties;
(e) develop information exchange and labour cooperation activities on mutually beneficial terms, and
(f) To encourage and facilitate the participation of social actors in the development of public agendas through social dialogue.
Article 11.4. Labor Rights
1. Each Party shall respect the sovereign right of the other Party to establish its own national policies and priorities and to establish, administer and control its labor laws and regulations;
2. Each Party shall adopt and maintain in its laws and regulations, and in practices derived therefrom, the following rights as set forth in the ILO Declaration (1):
(a) freedom of association and freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour, and
(d) the elimination of discrimination in respect of employment and occupation. 3. Each Party shall adopt and maintain laws, regulations and practices derived therefrom, regulating working conditions with respect to minimum wages, hours of work, and occupational safety and health.
Article 11.5. Enforcement of Labour Legislation
1. Neither Party shall fail to effectively enforce its labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.
2. Each Party shall respect the sovereign right of the other Party to establish its own national policies and priorities and to establish, administer and control its labor laws and regulations.
3. Each Party retains the right to exercise reasonable discretion in implementing and making good faith decisions on the allocation of resources for labor enforcement activities relating to the fundamental labor rights and acceptable conditions of work listed in Article 11.4, provided that the exercise of such discretion and such decisions are not inconsistent with its obligations in this Chapter.
4. Nothing in this Chapter shall be construed to empower the authorities of a Party to conduct labor law enforcement activities in the territory of the other Party.
5. The Parties recognize that it is inappropriate to establish or use their labor laws, regulations, policies and practices for protectionist trade purposes.