Areas of cooperation activity may include:
sharing information, experiences and evidence which each Party has gathered relating to advancing gender equality in trade and applying a gender perspective to trade;
improving the access of women to markets and emerging sectors, including developing trade missions for women business owners and entrepreneurs;
promoting equal opportunities for women in the workplace, including workplace flexibility;
sharing experiences of the development of women’s leadership and business networks;
promoting financial inclusion and literacy as well as access to financing and financial assistance, including trade financing;
enhancing the competitiveness of women-owned enterprises and women-led SMEs to better enable them to participate and compete in local, regional, and global value chains through access to skills and capacity building programmes, information and technology;
improving women’s participation, leadership, and education in fields in which they are under-represented such as science, technology, engineering, and mathematics, as well as innovation and digital trade, insofar as they are related to trade;
supporting economic opportunities for diverse groups of women in trade including by strengthening their professional and occupational competencies and skills;
sharing information and experiences and identifying best practices relevant to supporting the equitable participation of women in trade in developing countries not party to this Agreement;
collaborating, including with other developing countries and in any multilateral fora in which each of the Parties has chosen to participate, to support women workers in global supply chains;
undertaking research on trade and gender equality where appropriate; and
any other areas the Parties may decide.
To support achievement of the objectives of this Chapter, the Parties shall endeavour to develop, and exchange information on approaches to integrating gender into data collection, analysis and evaluation, which may include:
methods and procedures for the collection of sex or gender- disaggregated data, the use of indicators and evaluation methodologies, and the analysis of gender-focused statistics related to trade; and
exchanging experiences and best practices for conducting gender-based analysis of trade, policies and evaluating their effects on women in their various roles in trade.
Trade and Gender Equality Working Group
The Parties hereby establish the Trade and Gender Equality Working Group composed of government representatives of each Party. The Trade and Gender Equality Working Group shall meet at regular intervals by agreement between the Parties including as to the manner of the meetings, and in any event within one year of the date of entry into force of this Agreement. The Trade and Gender Equality Working Group shall take decisions by mutual agreement.
The Trade and Gender Equality Working Group may consider any matter that it regards as appropriate to advance women’s economic empowerment and gender equality across this Agreement and otherwise achieve the objectives of this Chapter. The Trade and Gender Equality Working Group may make recommendations to the Joint Committee.
The Trade and Gender Equality Working Group shall determine on behalf of the Parties, and carry out, the cooperation activities described in Article 23.3 (Cooperation Activities) taking into account the respective priorities, differing capacities and existing initiatives of each Party. The Trade and Gender Equality Working Group shall otherwise support the effective implementation and operation of this Chapter.
The Trade and Gender Equality Working Group may work with other bodies and subsidiary bodies established by or under this Agreement to advance the objectives of this Chapter and support the delivery of the cooperation activities described in Article 23.3 (Cooperation Activities), while seeking to avoid duplication of their work.
The Trade and Gender Equality Working Group may engage with relevant stakeholders which may include women workers, business owners and entrepreneurs, including marginalised groups, in its consideration of matters relevant to this Chapter.
The Trade and Gender Equality Working Group shall monitor and review the implementation and operation of this Chapter and relevant provisions in other Chapters of this Agreement.
The Trade and Gender Equality Working Group shall, when appropriate, submit a report to the Joint Committee on the cooperation activities developed under paragraph 3 of Article 23.3 (Cooperation Activities).
The Trade and Gender Equality Working Group shall, at its first meeting, establish contact points who shall be responsible for communication on matters relating to the objectives of this Chapter, including those arising from relevant provisions of other Chapters. The Trade and Gender Equality Working Group shall ensure that details of the contact points remain current and accurate.
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 29 (Dispute Settlement) for any matter arising under this Chapter.
Chapter CHAPTER 24
GOOD REGULATORY PRACTICE
Article Article 24.1 Definitions
For the purposes of this Chapter:
“regulatory authority” means:
for India, a Ministry or Department at the central level of government;1
for the United Kingdom, a ministerial department of the central level of government; and
“regulatory measure” means:
for India, an Act of the Indian Parliament which substantively affects bilateral trade between the Parties and covered by Chapter 6 (Sanitary and Phytosanitary Measures) and Chapter 7 (Technical Barriers to Trade), excluding any emergency measure.
for the United Kingdom:
an Act of the UK Parliament; or
a statutory instrument made, by a Minister of the Crown, under an Act of the UK Parliament,
related to any matter covered by this Agreement and in relation to a business activity, excluding:
any measure imposing, abolishing or varying any tax, duty, levy, or other charge (or any measure in connection with that measure);
any measure in connection with public sector procurement;
any measure in connection with the giving of grants or other financial assistance by or on behalf of a public authority; or
any measure which is to have effect for a period of less than 12 months.
1 For greater certainty, for India, this does not include an autonomous governmental or statutory body.
The purpose of this Chapter is to promote good regulatory practice and regulatory cooperation between the Parties with the aim of enhancing bilateral trade and investment, while recognising differences in both Parties’ development, political, and institutional structures, and availability of resources in developing and implementing good regulatory practice, by:
promoting a transparent regulatory environment without prejudice to each Party’s right to regulate;
exchanging information on regulatory measures, practices, or approaches in the areas of mutual interest of the Parties; and
reinforcing bilateral cooperation between the Parties.
Each Party shall be free to determine its approach to good regulatory practice and regulatory cooperation under this Agreement in a manner consistent with its own legal framework, practices, and fundamental principles underlying its regulatory system.
This Chapter shall not be construed to require a Party to:
deviate from domestic procedures for identifying its regulatory priorities and preparing and adopting regulatory measures ensuring the levels of protection that the Party considers appropriate to achieve its public policy objectives including health, safety, and environmental goals;
take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives, or prevent a Party from implementing regulatory measures in urgent or unforeseen circumstances; or
achieve any particular regulatory outcome.
Each Party shall endeavour to maintain its internal coordination processes to prepare its regulatory measures in accordance with its own laws, rules, or procedures.
Each Party shall ensure that descriptions of the processes employed by its regulatory authorities to prepare its regulatory measures are freely and publicly available online in accordance with its own laws, rules, or procedures.
Access to Regulatory Measures
In accordance with its laws and regulations, each Party shall ensure that its regulatory measures that are in effect are freely and publicly available online, and searchable.
When preparing a proposed major2 regulatory measure, each Party shall, in accordance with its laws, rules, or procedures, make public information concerning the proposed measure.
Each Party shall endeavour to provide a reasonable opportunity to interested persons to provide comments on the publicly-available information concerning the proposed measure, in accordance with its laws, rules, or procedures.3
Each Party may consider the comments received, pursuant to paragraph 2.
Each Party is encouraged to make use of electronic means of communication and to make information related to public consultation freely and publicly available online, including information on how to provide comments.
The Parties recognise that regulatory impact assessments may be beneficial when preparing major regulatory measures.
If conducting a regulatory impact assessment, each Party may, in accordance with its relevant laws, rules or procedures, consider non-binding guidelines, including:
2 The regulatory authority of each Party may determine what constitutes a “major” regulatory measure for the purposes of its obligations under this Chapter.
3 For greater certainty, this paragraph does not prevent a Party from undertaking targeted consultations with interested persons.
assessing the need for the major regulatory measure;
examining feasible and appropriate alternatives that would achieve the Party’s public policy objectives; and
considering the impact of the proposed regulatory measure on small businesses.
The Parties recognise the importance of promoting periodic retrospective reviews of its major regulatory measures at intervals each Party deems appropriate.
Each Party shall endeavour to identify best practices and lessons learned from those reviews. Those best practices and lessons learned may include information on:
other opportunities to achieve each Party’s public policy objectives; and
the effect on small businesses.
The Parties shall cooperate to facilitate the implementation of this Chapter in order to maximise the benefits arising from it in areas of mutual interest.
Regulatory cooperation activities under this Chapter may include:
information exchanges, dialogues, or meetings with the other Party, including in particular:
exchanging experiences on regulatory impact assessments, retrospective reviews, and any other matter covered by this Chapter;
exchanging information on proposed or existing regulatory measures;
training programmes, seminars, and other relevant activities; and
other activities that the Parties may agree.
In accordance with its laws and regulations, each Party shall encourage its relevant regulatory authorities to consider, where appropriate, regulatory
measures in the other Party, and relevant developments in international, regional, and other fora when planning regulatory measures.
Each Party shall endeavour to designate and notify contact points to facilitate communication and cooperation between the Parties on any matter covered by this Chapter.
Each Party shall promptly notify the other Party of any change to its contact point.
The contact points may assist any other institutional body established by this Agreement in considering agreed matters of relevance to this Chapter.
The Parties may, via its contact points at a time to be agreed, review the definition of regulatory measure as defined in Article 24.1 (Definitions), and consider the possibility of amending that definition to extend its scope.
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.
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 29 (Dispute Settlement) for any matter arising under this Chapter.
For the purposes of this Chapter:
“administrative ruling of general application” means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct and is relevant to the implementation of this agreement, but does not include:
a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
a ruling that adjudicates with respect to a particular act or practice.
Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are published without undue delay, including on the internet where feasible, or otherwise made available in a manner that enables interested persons and the other Party to become acquainted with them.
With respect to laws or regulations referred to in paragraph 1 that a Party proposes to adopt at the central level of government, that Party shall to the extent practicable and which it considers appropriate:
publish in advance either the proposed laws or regulations, or information concerning the nature of the proposed measure; and
provide interested persons and the other Party with a reasonable opportunity to comment on the proposed laws or regulations.
To the extent possible, when introducing or changing laws or regulations referred to in paragraph 1, each Party, in accordance with its legal system, shall endeavour to provide a reasonable period between the date when those laws or regulations are made publicly available and the date they enter into force.
Each Party shall, with respect to a regulation of general application adopted by its central level of government regarding any matter covered by this Agreement that is published in accordance with paragraph 1:
promptly publish the regulation on an official website, or in an official journal of national circulation; and
if appropriate, include with the publication an explanation of the purpose of and rationale for the regulation.
With a view to administering in a consistent, impartial, and reasonable manner its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement, each Party shall ensure in its administrative proceedings applying these measures to a particular person, good, or service of the other Party in specific cases, that:
whenever possible, a person of the other Party that is directly affected by a proceeding is provided with reasonable notice, in accordance with domestic procedures, of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issue in question;
a person of the other Party that is directly affected by a proceeding is afforded a reasonable opportunity to present facts and arguments in support of that person’s position prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
it follows its domestic procedures in accordance with its law.
Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures, in accordance with its legal system, for the purpose of prompt review and, if warranted, correction of a final administrative action with respect to any matter covered by this Agreement. Those tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
Each Party shall ensure that, with respect to the tribunals or procedures referred to in paragraph 1, the parties to a proceeding are provided with the right to:
a reasonable opportunity to support or defend their respective positions; and
a decision based on the evidence and submissions of record.
Each Party shall ensure, subject to appeal or further review as provided for in its law, that the decision referred to in subparagraph 2(b) shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
If a Party considers that any actual measure may materially affect the operation of this Agreement or otherwise substantially affect the other Party’s interests under this Agreement, it shall, to the extent possible, inform the other Party of that measure.
On request of a Party, the other Party shall within a reasonable period of time provide information and respond to questions pertaining to any actual measure that the requesting Party considers may affect the operation of this Agreement, whether or not the requesting Party has been previously informed of that measure.
A Party may convey any request or provide information under this Article to the other Party through their relevant contact points.
Any information provided under this Article shall be without prejudice to the consistency or otherwise of the measure in question with this Agreement.
Accessible and Open Government
To the extent possible and where practicable, each Party shall endeavour to ensure that information published by its central level of government with respect to any matter covered by this Agreement is accessible in open and, wherever possible, in machine- readable formats.
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 29 (Dispute Settlement) for any matter arising under Article 25.2 (Publication).
For the purposes of this Chapter:
“act or refrain from acting in relation to the performance of or the exercise of official duties” includes any use of the public official’s position, whether or not within the official’s authorised competence;
“Anti-Bribery Convention” means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions done at Paris on 17 December 1997;
“confiscation” means the permanent deprivation of property by order of a court or other competent authority, and includes forfeiture, where applicable;
“freezing” or “seizure” means temporarily prohibiting the transfer, conversion, disposition, or movement of property, or temporarily assuming custody or control of property, on the basis of an order issued by a court or other competent authority;
“property” means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in those assets;
“public official” means:
any natural person holding a legislative, executive, administrative, or judicial office of a Party, whether appointed or elected, permanent or temporary, paid or unpaid, and irrespective of that natural person’s seniority;
any other natural person who performs a public function for a Party, including for a public agency or public enterprise, or provides a public service as defined under that Party’s law and as applied in the pertinent area of law in that Party; or
any other person defined as a “public official” under a Party’s law; and
“UNCAC” means the United Nations Convention against Corruption done at New York on 31 October 2003.
This Chapter shall apply to measures to prevent and combat bribery and corruption in any matter affecting international trade or investment between the Parties.
Each Party affirms its resolve to prevent and combat bribery and corruption in matters affecting international trade or investment.
Each Party recognises the need to build integrity within both the public and private sectors and that each sector has complementary responsibilities in this regard.
Each Party recognises the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in matters affecting trade or investment, including the United Nations, and the Financial Action Task Force, and commits to work jointly with the other Party to encourage and support appropriate initiatives to prevent and combat bribery and corruption.
The Parties recognise the relevant principles adopted by the G20, including: G20 High Level Principles on Organizing against Corruption; G20 High Level Principles on Corruption and Growth; G20 Guiding Principles on Enforcement of the Foreign Bribery Offence; G20 Guiding Principles to Combat Solicitation; G20 High Level Principles on Private Sector Transparency and Integrity; G20 High Level Principles on Beneficial Ownership Transparency; G20 High Level Principles for the Effective Protection of Whistleblowers; and G20 High-Level Principles on Cooperation on Persons Sought for Corruption and Asset Recovery.
The Parties recognise that their respective competent anti-corruption authorities have established working relationships in various bilateral and multilateral forums, and that cooperation under this Agreement can enhance the Parties’ joint efforts in those forums and help produce outcomes that prevent and combat bribery and corruption in matters affecting trade or investment.
Each Party affirms its adherence to the UNCAC. The United Kingdom also affirms its adherence to the Anti-Bribery Convention.
The Parties recognise that the description of offences adopted or maintained in accordance with this Chapter, and of the applicable legal defences or legal principles controlling the lawfulness of conduct, is reserved to each Party’s law, and that those offences shall be prosecuted and punished in accordance with each Party’s law. The Parties recognise that obligations under this Chapter shall be carried out in a manner consistent with the principles of sovereign equality and territorial integrity with respect to the Parties and that of non-intervention in the domestic affairs of the other Party. Nothing in this Chapter shall entitle a
Party to undertake in the territory of the other Party the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of the other Party by its law.
Measures to Prevent and Combat Bribery and Corruption1
Each Party shall adopt or maintain legislative and other measures as may be necessary to establish as criminal offences under its law, in matters affecting international trade or investment, when committed intentionally, by any person subject to its jurisdiction:
the promise, offering, or giving to a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of or the exercise of official duties;
the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of or the exercise of official duties; and
the aiding or abetting, or conspiracy in, the commission of any of the offences described in subparagraphs (a) and (b).
Each Party shall endeavour to adopt or maintain, and enforce measures criminalising the bribery of foreign public officials and officials of public international organisations, in accordance with Article 16 of the UNCAC.
Each Party shall adopt or maintain measures as may be necessary, in accordance with its laws and regulations regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences described in this Article:
the establishment of off-the-books accounts;
the making of off-the-books or inadequately identified transactions;
the recording of non-existent expenditure;