(q) other matters agreed by the Parties.
6. The Parties may carry out activities within the areas of cooperation set out in paragraph 5 above, in person, by electronic means or other means of communication, and under the following modalities, as agreed by the Parties:
(a) workshops, seminars, dialogues, trainings and forums to exchange knowledge, experiences and good practices;
(b) internships, visits and research studies to document and study policies and good practices;
(c) collaborative research and development of projects and best practices on issues of mutual interest;
(d) trade missions, specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) other activities agreed by the Parties.
7. Priorities for cooperative activities shall be decided by the Parties on the basis of their interests and available resources.
Article 13.6. Trade and Gender Committee
1. The Parties establish a Trade and Gender Committee (hereinafter referred to as the "Committee") composed of high-level government representatives within ministries or other government institutions responsible for trade and gender issues, as designated by each
Party. 2. The Committee shall:
(a) establish a two (2) year work plan that includes the cooperative activities set forth in Article 13.5, which may be revised or updated at any time by agreement of the Parties;
(b) identify, organize and facilitate cooperative activities under Article 13.5;
(c) define joint proposals to support policies on trade and gender;
(d) facilitate the exchange of information on each Party's experience with respect to policies and programs on matters related to this Chapter;
(e) report and make recommendations to the Bilateral Administrative Commission on any matter related to this Chapter;
(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) scarry out such other work as may be determined by the Parties.
3. The Committee shall meet every two (2) years or as otherwise agreed by the Parties, in person or by any available technological means, to consider any matter arising under this Chapter.
4. The Committee may exchange information and coordinate activities by e-mail, videoconference or other means of communication.
5. In carrying out its functions, the Committee may work with other committees, working groups and subsidiary bodies established under this Agreement. In the context of this work, the Committee shall encourage the efforts of these committees, working groups or subsidiary bodies to integrate trade and gender-related commitments, considerations and activities into their work.
6. The Committee may recommend that the Bilateral Administrative Commission refer work under this Article to any other committee, working group and other subsidiary bodies established under this Agreement.
7. The Committee may invite relevant experts or organizations to its meetings to provide information.
8. Within two (2) years of its first meeting, the Committee shall review the implementation of this Chapter and report to the Bilateral Administrative Commission.
Article 13.7. Public Participation
1. In carrying out its activities, including meetings, the Committee shall provide a means of receiving and considering the views of persons or organizations with a legitimate interest in matters related to this Chapter.
2. Each Party shall establish or maintain, and consult with, a national advisory or consultative body, which also addresses the issues in this Chapter, or a similar ad-hoc mechanism, for members of its public, including representatives of its gender and business organizations, to provide views on matters related to this Chapter.
3. Each Party shall develop mechanisms for public reporting of activities under this Chapter.
Article 13.8. Focal Points
1. In order to facilitate communication between the Parties for the purposes of this Chapter, each Party shall designate a focal point within six (6) months of the date of entry into force of this Agreement, 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.
2. Each Party shall notify the other Party of the designation of the focal point and, as soon as possible, of any changes thereto.
3. The focal points shall:
(a) facilitate regular communication and coordination between the Parties;
(b) attend the Committee;
(c) report to the Committee, as appropriate;
(d) act as a channel of communication with the public in their respective territories, and
(e) work together, including with other appropriate agencies of their governments, to develop and implement activities and areas of cooperation.
4. Focal points may develop and implement specific cooperative activities.
5. The focal points may communicate and coordinate activities in person or by electronic or other means of communication.
Article 13.9. 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 13.10. Non-Application of Dispute Settlement
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 14. ECONOMIC-COMMERCIAL COOPERATION
Article 14.1. Objectives
1. The Parties agree to establish a framework for economic-trade cooperation activities as a means of extending the benefits of this Chapter at both the national and sub-national levels, in accordance with their legal systems.
2. The Parties, recognizing the historical accumulation of bilateral technical cooperation, establish that this Chapter does not substitute the existing mechanisms of technical cooperation between them, but rather strengthens the global vision of the bilateral relationship, focusing on the particularities of this Chapter.
3. The Parties recognize the important role of the business sector and academia in promoting and fostering economic growth and mutual development.
4. The Parties agree that the objectives of this Chapter, in accordance with their respective legal systems, are:
(a) promote activities aimed at strengthening and expanding bilateral economic relations, as well as deepening existing cooperative activities between the Parties in the areas covered in this Chapter;
(b) promote global and regional value chains, productivity, competitiveness, innovation and the broadening of the export base of the Parties in order to enhance and diversify exports and to promote trade and investment initiatives and strategies, especially with regard to diversifying and increasing the value added of exports of both Parties;
(c) support and develop contacts between the public and private sectors of both countries in the areas of economic cooperation covered by this Chapter, and
(d) deepen and increase the level of cooperative activities between the Parties in the areas covered in this Agreement.
Article 14.2. Scope of Application
1. The Parties reaffirm the importance of all forms of economic and trade cooperation mentioned in the scope of this Agreement.
2. The areas of economic-commercial cooperation and initiatives to be agreed under this Chapter shall be developed by the Parties in writing.
3. The economic-trade cooperation between the Parties shall contribute to the fulfillment of the objectives of this Agreement, through the identification and development of innovative cooperation programs aimed at adding value to their economic-trade relations.
4. Trade and economic cooperation activities shall be agreed between the Parties and may include, inter alia, those listed in Article 14.3.
5. Economic and trade cooperation between the Parties to this Chapter shall complement the cooperative activities set out in other Chapters of this Agreement.
Article 14.3. Areas of Cooperation
The Parties shall endeavour to broaden and intensify their cooperation through the following activities:
(a) the development of activities within the framework of existing bilateral agreements or conventions;
(b) promoting ties and strengthening cooperation between business associations, government institutions, regional and local entities and chambers of commerce, as well as encouraging business visits or missions or other types of economic cooperation;
(c) the exchange of commercial information relating to the implementation of this Chapter;
(d) the exchange of experts, information, documentation, experiences and technical assistance, as well as the organization of dialogues, conferences, seminars and training programs related to the subjects covered by this Chapter;
(e) the promotion of the participation of representatives of the public and private sectors of both countries in fairs and exhibitions, and the organization of business events, seminars, symposiums and conferences;
(f) the promotion of international and interregional cooperation on matters of mutual interest in regional and multilateral fora, and
(g) any other activity, subsequently agreed by the Parties, with a view to broadening and strengthening cooperation.
Article 14.4. Focal Points
1. The Parties establish the following focal points:
(a) in the case of Chile, the Undersecretariat for International Economic Relations, through its Trade Agreements Implementation and Dissemination Division, or its successor, and
(b) in the case of Paraguay, the Vice-Ministry of Economic Relations and Integration, or its successor.
2. Each Party may change its focal point, in which case it shall notify the other Party in writing as soon as possible.
3. The focal point will have the following functions:
(a) interaction with the other Party's focal point in accordance with this Agreement;
(b) the discussion and consideration of proposals for economic and trade cooperation and capacity building activities proposed by the Parties, within the framework of the disciplines negotiated in this Agreement and the recommendation, where appropriate, of actions to improve and deepen them;
(c) facilitating the exchange of information between the Parties in areas including experiences and lessons learned through trade and economic cooperation activities carried out under the terms of this Agreement;
(d) collaboration, in conjunction with national cooperation agencies, in inviting, as appropriate, international donor institutions, private sector entities, non- governmental organisations or other relevant institutions, to support the development and implementation of trade and economic cooperation and capacity building activities within the framework of the disciplines negotiated in this Agreement;
(e) coordination with the focal points or points of contact established under this Agreement, and in liaison with national cooperating agencies, working groups and any other subsidiary bodies established under this Agreement, as appropriate, of support for the development and implementation of activities under this Agreement;
(f) the review of the implementation or operation of this Chapter, and
(g) participation in such other activities as the Parties may agree.
4. The focal points will inform the Bilateral Administrative Commission of the activities and actions within the framework of this Chapter, in accordance with its guidelines.
Article 14.5. Appeals
The Parties shall provide, within the limits of their own capabilities and through their own means, adequate resources subject to their availability, for the fulfillment of the objectives of this Chapter.
Article 14.6. 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 15. TRANSPARENCY AND ANTI- CORRUPTION
Section A. Transparency
Article 15.1. Definitions
For the purposes of this Chapter:
administrative decision of general applicability means an administrative act, either decisional or interpretative, that applies to all persons and facts generally within its scope or competence and that establishes a rule of conduct, but does not include:
(a) a decision or ruling made in an administrative proceeding that applies to particular persons, goods or services of the other Party, in a specific case, or
(b) a decision or ruling that decides with respect to a particular act or practice.
Article 15.2. Publication
1. Each Party shall ensure that its laws, administrative decisions of general application, regulations and procedures that relate to any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. In accordance with the provisions of its legal system, each Party:
(a) publish in advance any action it intends to take; and
(b) provide interested persons and the other Party with a reasonable opportunity
to comment on the proposed measures.
Article 15.3. Notification and Provision of Information
1. Each Party shall notify the other Party, to the extent practicable, of any existing or proposed measures that the Party believes may substantially affect the operation of this Agreement, or otherwise substantially affect the interests of the other Party under this Agreement.
2. A Party shall, on request of the other Party, provide information and promptly respond to its questions concerning any measure in force or proposed, whether or not the other Party has previously been notified of that measure.
3. Any notification or provision of information referred to in this Article shall be made without prejudice to whether or not the measure is consistent with this Agreement.
Article 15.4. Administrative Procedures
Each Party shall ensure that, in the context of an administrative proceeding involving a measure referred to in Article 15.2 that affects particular persons, goods, or services of the other Party:
(a) whenever possible, persons of the other Party who are directly affected by a proceeding are given, in accordance with domestic provisions, reasonable notice of the institution of the proceeding, including a description of the nature of the proceeding, a statement of the legal basis under which the proceeding is being conducted and a general description of all issues in dispute;
(b) when time, the nature of the proceeding, and the public interest permit, such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action; and
(c) its procedures are in accordance with the legal system of that Party.
Article 15.5. Review and Challenge
1. Each Party shall establish or maintain judicial or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions relating to matters covered by this Agreement. Such tribunals shall be impartial and not connected with the agency or administrative enforcement authority, and shall have no substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such courts or in such proceedings, the parties have the right to:
(a) a reasonable opportunity to support or defend their respective positions, and
(b) a decision based on the evidence and submissions or, in cases where required by its legal system, on the record compiled by the administrative authority.
3. Each Party shall ensure, subject to challenge or further review as provided in its legal system, that such rulings are implemented by, and govern the practice of, the agency or authority with respect to the administrative action that is the subject of the decision.
Section B. Anti-Corruption
Article 15.6. Scope of Application
1. The Parties affirm their determination to prevent and combat bribery and corruption in international trade and recognize the need to develop integrity within the public and private sectors and that each sector has complementary responsibilities in this regard.
2. The scope of this Section is limited to measures to eliminate bribery and corruption with respect to any matter covered by this Agreement.
Article 15.7. Measures to Combat Bribery and Corruption
1. Each Party shall adopt or maintain such legislative and other measures as may be necessary to effectively combat bribery and corruption and to ensure compliance with the international conventions to which it is a party, specifically the United Nations Convention against Corruption and the Inter-American Convention against Corruption.
2. The Parties recognize the importance of the criminalization, in their respective legal systems, of the conduct described in the international conventions referred to in paragraph 1. The Parties further recognize that such conduct will be prosecuted and punished in accordance with the legal system of each Party.
3. In order to prevent corruption and bribery, each Party shall adopt or maintain such measures as may be necessary in accordance with its legal system.
Article 15.8. International Cooperation
1. Each Party shall facilitate the exchange of information, through the focal points established in Article 15.13, for the purpose of facilitating the investigation and punishment of bribery and corruption, and shall use its best efforts to facilitate and promote cooperation, in accordance with its legal system.
2. The Parties recognize the importance of international cooperation in preventing and combating bribery and corruption in international trade, including through regional and multilateral initiatives, and will make their best efforts to work together in this regard, as mutually agreed.
3. The Parties recognize the advantages of sharing their different experiences and best practices in the development, implementation and enforcement of their anti-bribery and corruption laws and policies. The Parties shall consider carrying out technical cooperation activities, including training programmes, as mutually agreed.
4. The facilitation and promotion of cooperation under this Article shall be without prejudice to the facilitation and promotion of legal cooperation that may be undertaken between the Parties.
Article 15.9. Promotion of Integrity of Public Officials
To combat corruption in matters affecting international trade, each Party shall promote, inter alia, integrity, honesty and accountability among its public officials.
Article 15.10. Participation of the Private Sector and Civil Society
Each Party shall take appropriate measures, within its means and in accordance with the fundamental principles of its legal system, to promote the active participation of individuals and groups outside the public sector, such as businesses, civil society, non- governmental organizations and community-based organizations, in preventing and combating bribery and corruption in matters affecting international trade and to raise public awareness of the existence, causes and gravity of, and the threat posed by, bribery and corruption.
Article 15.11. 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 Section.
Section C. General Provisions
Article 15.12. Relationship to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
Article 15.13. Focal Points
1. The Parties designate the following focal points to facilitate communications between them on any matter covered by this Chapter:
(a) in the case of Chile, the Directorate General for Bilateral Economic Affairs of the Undersecretariat for International Economic Relations, or its successor, and
(b) in the case of Paraguay, the General Directorate of Economic Policy of the Vice-Ministry of Economic Relations and Integration, or its successor.
2. At the request of a Party, the focal points of the other Party shall indicate the unit or official responsible for the matter and provide such support as may be required to facilitate communication with the requesting Party.
Chapter 16. ADMINISTRATION OF THE AGREEMENT
Article 16.1. Bilateral Administrative Commission
The Parties hereby establish the Bilateral Administrative Commission (hereinafter, the "Commission"), which shall be composed of the following representatives, or the persons designated by them:
(a) in the case of Chile, the Undersecretary for International Economic Relations of the Ministry of Foreign Affairs, or his or her legal successor, and
(b) in the case of Paraguay, the Vice-Minister of Economic Relations and Integration of the Ministry of Foreign Affairs, or his or her legal successor.
Article 16.2. Powers
1. The Commission shall:
(a) ensure the proper application of the provisions of this Agreement;