(f) indicate whether the matter has been communicated in writing to the relevant authorities of the Party and the Party's response, if any.
3. A Party may request from the applicant that submitted the communication such additional information as may be necessary to examine the contents of the communication.
Article 12.9. Responsible Business Conduct
1. Each Party shall encourage enterprises operating within its territory or jurisdiction to voluntarily adopt, in their internal policies, practices and standards of responsible business conduct that contribute to achieving sustainable development in its environmental dimension, consistent with internationally recognized guidelines and principles that have been endorsed or are supported by that Party.
2. To this end, the Parties agree to exchange views and may consider bilateral cooperation in the various areas of responsible business conduct.
Article 12.10. Voluntary Mechanisms to Improve Environmental Performance
1. The Parties acknowledge:
(a) that flexible and voluntary mechanisms, such as voluntary national audits and reports, market-based incentives, voluntary exchange of information and expertise, among others, can contribute to the achievement and maintenance of high levels of environmental protection and complement national regulatory measures; and
(b) that such mechanisms should be designed in a way that maximizes environmental benefits and avoids creating unnecessary barriers to trade.
2. Each Party shall, in accordance with its laws, regulations or policies and to the extent it considers appropriate, encourage the use of flexible and voluntary mechanisms to protect natural resources and the environment in its territory.
3. In the event that private sector entities or non-governmental organizations develop voluntary mechanisms for the promotion of products based on environmental attributes, each Party shall encourage them to develop mechanisms that, inter alia:
(a) are truthful, not misleading and take into account scientific and technical information;
(b) if applicable and available, are based on relevant international standards, guidelines or recommendations, and best practices;
(c) promote competition and innovation, and
(d) do not treat a product less favourably on the basis of its origin.
Article 12.11. Trade and Biodiversity
1. The Parties recognize the importance of:
(a) conservation and sustainable use of biological diversity and its key role in achieving sustainable development;
(b) respect, preserve and maintain the knowledge and practices of indigenous and local communities that involve traditional lifestyles that contribute to the conservation and sustainable use of biological diversity;
(c) facilitate access to genetic resources within their respective national jurisdictions, in accordance with each Party's international obligations, and
(d) in accordance with national measures, to have prior informed consent to access such genetic resources and, where such access is granted, to establish mutually agreed terms, including equitable sharing of benefits arising from the use of such genetic resources, between users and providers.
2. Each Party shall promote and encourage the conservation and sustainable use of biological diversity, in accordance with its legal system or public policies.
3. Pursuant to Article 12.16, the Parties shall cooperate to address matters of mutual interest. Cooperation may include, but shall not be limited to, the exchange of information and experiences in areas related to:
(a) conservation and sustainable use of biological diversity;
(b) the protection and preservation of ecosystems and ecosystem services, and
(c) access to genetic resources and the sharing of benefits arising from their utilization.
Article 12.12. Sustainable Forest Management and Trade
1. The Parties recognize the importance of conservation, management and sustainable forest management.
2. In accordance with their international obligations on forestry matters and their legal systems, the Parties undertake to:
(a) promote trade in legally harvested forest products from sustainably managed forests, in accordance with plans approved by their respective national authority, as appropriate;
(b) implement measures to control illegal logging in their respective territories; and promote the use of instruments that support legally sourced trade;
(c) promote the use of certification schemes for timber products from sustainably managed forests, in accordance with Article 12.10;
(d) exchange information and, as appropriate, cooperate on initiatives to promote forest management, including initiatives aimed at combating illegal logging and promoting sustainable forest management, inter alia, through the development and use of technology and specialized machinery for the purpose; and
(e) cooperate, as appropriate, in international fora dealing with the conservation, restoration and sustainable management of forests, with a view to sustainable development.
Article 12.13. Sustainable Agriculture and Trade
1. The Parties recognize the increasing impact that global changes such as climate change, biodiversity loss, land degradation, droughts and the emergence of new pests and diseases have on the development of productive sectors such as agriculture, livestock and forestry.
2. Parties recognize the importance of strengthening policies and developing programmes that contribute to the development of more productive, sustainable, inclusive and resilient agricultural systems.
3. The Parties shall share information and experiences in the development and implementation of integrated policies aimed at incorporating the pillars of sustainable agricultural development. In this regard, the Parties will seek to improve agricultural productivity considering the protection and sustainable use of ecosystems and natural resources, including water, soil and air, biodiversity and ecosystem services, as well as to strengthen the social dimension, in addition to contributing to the effective adaptation and mitigation of the agriculture, forestry and food sector to global changes.
Article 12.14. Wildlife and Trade
1. The Parties affirm the importance of combating illegal trade in wildlife and recognize that such trade undermines efforts to conserve and sustainably manage these natural resources.
2. Accordingly, each Party reaffirms its commitments to implement its obligations under the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora.
3. The Parties shall, as appropriate, exchange information and experiences on matters of mutual interest related to combating illegal trade in fauna and flora.
They will also engage in joint cooperative activities on conservation issues of mutual interest, including through relevant regional and international fora, as appropriate. They will also engage in joint cooperative activities on conservation issues of mutual interest, including through relevant regional and international fora, as appropriate.
Article 12.15. Trade and Climate Change
1. The Parties recognize that climate change poses significant risks to communities, infrastructure, the economy, the environment and human health, with potential implications for international trade, and that efforts are required to build resilience. The Parties also reaffirm their respective commitments under the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2016 Paris Agreement.
2. In accordance with the above, each Party shall:
(a) promote the contribution of trade to sustainable development and the transition to a sustainable low greenhouse gas emitting economy and climate resilient development, and
(b) promote actions to mitigate and adapt to climate change.
3. The Parties recognize, in the context of sustainable development, that there are different economic, social and environmental policy instruments that enable the achievement of national climate change adaptation and mitigation objectives and support the achievement of their international climate change commitments. Parties may share information and experiences in the development and implementation of such instruments. In particular, the Parties recognize that there are important areas of collaboration between them on climate change adaptation and mitigation.
4. Pursuant to Article 12.16, the Parties shall cooperate to address matters of common interest. Areas of cooperation may include, inter alia:
(a) climate governance and institutions;
(b) sustainable consumption and production and climate change;
(c) air quality co-benefits of greenhouse gas control measures;
(d) climate change mitigation and adaptation;
(e) resilient water management;
(f) sustainable agriculture;
(g) energy efficiency;
(h) research and development of cost-effective low-emission technologies;
(i) development of alternative, clean and renewable energy sources;
(j) solutions to deforestation and forest degradation;
(k) recovery of degraded areas;
(l) a measurement, reporting and verification (MRV) of greenhouse gas (GHG) emissions;
(m) methodologies for accounting for GHG emission reductions under international agreements, and
(n) control of the spread of pests and diseases, preparedness and action against extreme events related to climate change, such as forest and rural fires, droughts and floods.
Article 12.16. Cooperation
1. The Parties recognize the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits, and to strengthen the Parties' joint and individual capacities to protect the environment and to promote sustainable development, while strengthening their trade and investment relations.
2. Taking into account their priorities, national circumstances and available resources, the Parties shall cooperate to address matters of mutual interest related to the implementation of this Chapter and may include international bodies and organizations or non-governmental organizations in this cooperation.
3. Each Party may share its priorities for cooperation and propose cooperative activities related to the implementation of this Chapter.
4. Where possible and appropriate, Parties shall seek to complement and use their existing cooperative mechanisms and take into account the relevant work of regional and international organizations.
5. Cooperation may be carried out through various means, including dialogues, workshops, seminars, conferences, collaborative programs and projects, technical assistance to promote and facilitate cooperation and training, the exchange of best practices in policies and procedures, and the exchange of experts.
6. Each Party shall, as appropriate, promote public participation in the development and implementation of cooperative activities.
7. All cooperative activities under this Chapter are subject to the availability of funds and human and other resources, as well as to the legal system of the Parties. The Parties shall decide, on a case-by-case basis, on the financing of cooperative activities.
Article 12.17. Institutional Arrangements
1. In order to facilitate communication between the Parties for the purposes of this Chapter, each Party shall designate and notify, within six (6) months of the date of entry into force of this Agreement, a focal point which, in the case of Chile shall be within the Undersecretariat for International Economic Relations of the Ministry of Foreign Affairs or its legal successor and which, in the case of Paraguay shall be within the Vice-Ministry of Foreign Affairs of the Ministry of Foreign Affairs, or its legal successor. Each Party shall notify the other Party, as soon as possible, of any change in the focal point.
2. The Parties may exchange information by any means of communication, including any telematic means.
3. The Parties establish the Committee on Trade and Environment (hereinafter referred to as the "Committee"), which shall be composed of high-level government representatives of institutions in charge of environmental and foreign trade matters, or their designees. In addition, high-level representatives of other governmental entities related to the issues to be discussed, or their designees, may be invited to form part of the Committee. The Committee shall meet in person or by technological means, every two (2) years, unless the Parties agree otherwise.
4. The Committee shall have the following functions:
(a) dialogue on the implementation of this Chapter;
(b) identify potential areas of cooperation, consistent with the objectives of this Chapter;
(c) inform the Bilateral Administrative Commission regarding the implementation of this Chapter, if necessary, and
(d) consider matters referred by Parties under Article 12.19.
5. All decisions and reports of the Committee shall be made by consensus.
Article 12.18. Trade and Environment Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter, and shall make every effort through dialogue, consultation, exchange of information and, as appropriate, cooperation, to address any matter that may affect the operation of this Chapter.
2. A Party may request consultations on trade and environment with the other Party, at the focal point level, on any matter arising under this Chapter by delivering a written request to the other Party's focal point. The consulting Party shall include information that is specific and sufficient to enable the consulted Party to respond, including identification of the matter at issue and an indication of the legal basis for the request under the provisions of this Chapter.
3. The requested Party, through its focal point, shall acknowledge receipt of the request, in writing, no later than seven (7) days after the date of its receipt.
4. Unless the Parties agree otherwise, they shall enter into consultations, through their focal points, within ninety (90) days from the date of receipt of the request referred to in paragraph 2.
5. The Parties, through their focal points, shall make every effort to reach a mutually satisfactory resolution of the matter, which may include appropriate cooperative activities. The Parties, jointly, may seek advice or assistance from any person or body they deem appropriate for the purpose of considering the matter.
6. If the Parties, through their focal points, are able to resolve the matter, they will document the outcome including, if appropriate, the specific steps and timelines agreed. The Parties, through their focal points, will prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless they agree otherwise.
Article 12.19. Consultations In the Framework of the Committee on Trade and Environment
1. If the Parties are unable to resolve the matter through consultations at the focal point level, within ninety (90) days of the expiration of the time limit set out in Article 12.18.4, either Party may request in writing that the Committee meet to consider the matter, including in its request the background of the discussions held at the focal point level and the information exchanged.
2. The Committee shall meet no later than sixty (60) days from the date of receipt of the request, unless the Parties agree otherwise, and shall seek to resolve the matter, including, if appropriate, through consultation with independent experts mutually agreed by the Parties.
3. Consultations under this Article shall be confidential and shall take place in the capital of the consulted Party, unless the Parties agree otherwise.
4. If the Committee succeeds in resolving the matter, it shall document the outcome, including, if appropriate, the specific steps and timelines agreed. The Committee shall prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless the Parties agree otherwise.
Article 12.20. Ministerial Consultations
If the Committee fails to resolve the matter within ninety (90) days from the date of the meeting referred to in Article 12.19.2, the Parties may refer the matter to the relevant Ministers, who shall seek to resolve the matter.
Article 12.21. Termination of Consultations
The Parties shall agree on a report reflecting the outcome of consultations held pursuant to Articles 12.18, 12.19 and 12.20, and undertake to implement within a reasonable time the conclusions and recommendations therein.
Article 12.22. Non-Application of Dispute Resolution
No 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. However, the Parties may at any time have recourse to procedures such as good offices, conciliation, and mediation, as set out in Article 17.19 (Good Offices, Conciliation, and Mediation).
Chapter 13. TRADE AND GENDER
Article 13.1. General Provisions
The Parties recognize:
(a) the importance of gender mainstreaming in promoting inclusive economic growth, and the key role that gender policies can play in promoting women's economic empowerment and in achieving inclusive and sustainable economic development, which aims, inter alia, to distribute the benefits among the entire population by providing equal opportunities for men and women in the labour market, business, trade and industry;
(b) that international trade and investment are engines of economic growth, and that improving women's access to opportunities and removing barriers in their countries improves their participation in both national and international economies and contributes to sustainable economic development;
(c) that women's full participation in the labour market and their economic empowerment, as well as the facilitation of their access to and ownership of economic resources, contribute to sustainable and inclusive economic growth, prosperity, competitiveness and the well-being of society as a whole;
(d) the role of the private sector in promoting gender equality through the implementation of gender equality and non-discrimination policies and good practices in their corporate operations in accordance with international guidelines and standards adopted or endorsed by the Parties, and
(e) the importance of Goal 5 of the Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development, which seeks to achieve gender equality and the empowerment of all women and girls.
Article 13.2. Objectives
The objectives of this Chapter are:
(a) promote among Parties a better understanding of trade policies and practices related to gender and trade, in order to facilitate the enhancement of their capacities to deal with these issues;
(b) provide a forum to discuss and exchange views on trade and gender-related issues of interest or concern to the Parties;
(c) develop information exchange and cooperation activities on trade and gender issues on mutually beneficial terms;
(d) fostering cooperation and dialogue aimed at capacity building and improving capacities and conditions for women's access to trade-generated opportunities; and
(e) to promote women's economic empowerment and gender equality in trade through discussion, exchange and cooperation.
Article 13.3. International Agreements
Each Party reaffirms its commitment to implement:
(a) obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the United Nations General Assembly on 18 December 1979;
(b) the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Para), adopted by the General Assembly of the Organization of American States on 6 September 1994;
(c) the 1995 Beijing Declaration and Platform for Action on the Rights of Women and Girls and their Empowerment, highlighting in particular the goals and provisions related to women's equal access to resources, employment, markets and trade;
(d) the WTO Joint Declaration on Trade and Women's Economic Empowerment, adopted at the WTO Ministerial Conference in Buenos Aires in December 2017, and
(e) obligations contained in other international agreements that address gender equality or women's rights to which the Parties are party.
Article 13.4. General Commitments
1. The Parties affirm their commitment to adopt, maintain and implement their laws, regulations, policies and best practices on gender equality, women's economic empowerment and women's full participation in business.
2. Each Party shall promote public awareness of its gender equality laws, regulations, policies and best practices, as well as activities carried out under this Chapter, including their impact and relevance to inclusive economic growth and trade policy.
3. Each Party, in accordance with its priorities and interests, reserves the right to establish, amend and enforce its laws, regulations and policies on gender equality.
4. Each Party shall promote the collection of sex-disaggregated and gender-sensitive trade-related information with a view to better understanding the different impacts that trade policy instruments have on women's roles as workers, producers, traders or consumers.
Article 13.5. Cooperative Activities
1. The Parties recognize the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage women's participation in the national and international economy.
2. The Parties shall undertake cooperative activities designed to enhance the capacities and conditions for women, including women workers, entrepreneurs and businesswomen, to access and fully benefit from the opportunities created by this Agreement. These activities shall be carried out with the inclusive participation of women.
3. Cooperative activities shall be carried out on subjects and topics agreed upon by the Parties.
4. Cooperative activities may be developed and implemented through interaction with their respective governmental institutions and with the participation of international organizations, third countries, private sector entities, educational or research institutions, and other non-governmental organizations and their representatives, as appropriate.
5. The areas of cooperation under this Chapter may focus on:
(a) promote, disseminate and raise awareness of the importance of trade policy in advancing gender equality and inclusive and sustainable economic growth among those responsible for the policy-makers, trade negotiators, decision-makers, companies, among others;
(b) encourage and support the internationalization of women-led businesses and enterprises, and their integration into regional and global value chains, especially MSMEs;
(c) capacity building and enhancing women's skills in the workplace and their access to online business tools and e-commerce platforms;
(d) the competitiveness of women-led enterprises so that they can participate and compete in regional and global value chains;
(e) support the development of economic and business opportunities for rural and indigenous women in trade and investment;
(f) promote women's full participation in the economy, primarily by encouraging their participation, leadership and education in fields where they are underrepresented such as innovation, business, MSMEs, Science, Technology, Engineering and Mathematics (STEM), as well as in other high-income economic areas;
(g) promote women's financial education and inclusion, as well as access to finance and financial assistance;
(h) promote women's leadership and participation in decision-making positions in the public and private sectors, as well as the development of networks;
(i) increase the participation of women entrepreneurs in public procurement markets;
(j) develop best practices and standards to promote gender equality and women's economic empowerment within companies, including those aimed at promoting care policies and the reconciliation of work, family and personal life;
(k) to encourage public and private initiatives aimed at promoting women's entrepreneurship, including the integration of women into the formal sector of the economy;
(l) share methods and procedures for the collection, analysis and use of sex-disaggregated data, as well as methodologies for trade-related monitoring and impact assessment;
(m) encourage gender analysis of trade policies, including their design, implementation and impact;
(n) exchange information on policies and programmes to prevent, mitigate and respond to the economic impact of crises and emergencies on women;
(ñ) encourage research, at the academic and public levels, to explore the link between increased participation of women in international trade and the reduction of the gender wage gap, among others;
(o) exchange information on each Party's experiences with respect to the establishment and implementation of policies and programs that address trade and gender issues, with a view to achieving the greatest possible benefit under this Agreement;
(p) exchange information on experiences and lessons learned by the Parties through cooperative activities carried out under this Article, and