1. Economic cooperation under this Agreement shall support the effectiveness and efficiency of the implementation and utilisation of this Agreement through activities that relate to trade and investment.
2. The Parties will endeavour to encourage cooperation between the Parties, their respective business communities, scientific and academic communities, Maori in the case of New Zealand, and other stakeholders as appropriate, in areas of common interest under this Agreement, with priorities to be mutually determined and subject to available resources. The Parties acknowledge the provisions to encourage and facilitate cooperation included in various Chapters of this Agreement, including chapters on; Customs Procedures and Trade Facilitation; Digital Trade; Intellectual Property; Trade Remedies; Trade and Sustainable Development; Sanitary and Phytosanitary Measures; Technical Barriers to Trade; Small and Medium-Sized Businesses; Competition; Trade and Sustainable Development; and Maori and Indigenous Trade and Economic Cooperation.
3. Areas of cooperation may include:
(a) agriculture, fisheries and aquaculture, forestry and food security;
(b) industrials and manufacturing;
(c) innovation and science and technology;
(d) green and renewable energy;
(e) halal cooperation;
(f) services sectors, including tourism; and
(g) trade and investment promotion.
Article 17.3. Global Supply Chains
1. The Parties acknowledge the importance of global supply chains as a means to strengthen and widen economic relations between the Parties. The Parties acknowledge that international trade and investment, supported by robust and resilient supply chains, are engines of economic growth.
2. The Parties acknowledge the importance of SMEs as a driver of productivity and their impact on employment. The Parties recognise that the inclusion of SMEs in global supply chains will contribute to a more efficient allocation of the benefits of international trade, including the diversification and enhancing of value added in exports.
3. The Parties recognise the important role of the services sector in the creation and utilisation of global supply chains, and affirm the contribution service suppliers play in their integration.
Article 17.4. Priorities and Resources
1. Priorities for cooperation activities shall be decided by the Parties based on their interests and available resources, and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support their cooperation activities.
Article 175. Cooperative Framework
1. The Parties recognise the critical role of the private sector in leveraging the full potential of the CEPA. Accordingly, the Parties will endeavour to encourage collaboration such as trade missions and business and networking events to promote the Agreement and achieve tangible benefits including in collaboration with their respective business communities such as Chambers of Commerce or other industry bodies as appropriate.
2. Where appropriate, the Parties should encourage the establishment of dialogue between their relevant private sector organisations or representatives to share and facilitate understanding of the Agreement and the opportunities it provides.
Article 17.6. Means of Cooperation
1. Economic and trade cooperation activities may be carried out on issues determined by the Parties. Such cooperation activities may include:
(a) dialogues, workshops, seminars, and conferences;
(b) collaborative programmes and projects;
(c) technical cooperation;
(d) sharing of best practices on policies and procedures;
(e) the exchange of experts, information and technology;
(f) the exchange of trade and investment data and of information to promote business opportunities;
(g) the organization of trade missions, business and networking events, and trade fairs;
(h) the promotion of joint business initiatives between entrepreneurs of the Parties; and
(i) any other form of cooperation that may be agreed by the Parties.
Article 17.7. Contact Points
1. Each Party shall, at the time of the first meeting of the Joint Committee, designate an official contact point to address matters related to this Chapter. Each Party shall notify the other Party promptly in the event of any change to its contact point.
2. The contact points will endeavour to facilitate regular communication and coordination between the Parties, and work together to develop and implement cooperative activities as mutually agreed.
Article 17.8. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 18. TRANSPARENCY
Article 18.1. Publication
1. 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 promptly published via an officially designated medium and, where feasible, by electronic means, or otherwise made available in such a manner as to enable any person to become acquainted with them.
2. To the extent possible and appropriate, each Party shall endeavour to provide a reasonable period of time between publication and entry into force of laws and regulations with respect to any matter covered by this Agreement.
Article 18.2. Provision of Information
Upon request ofa Party, the other Party shall promptly provide information and respond to questions on its laws or regulations of general application referred to in Article 18.1(1).
Article 18.3. Administrative Proceedings
1. With a view to administering in a consistent, impartial, and reasonable manner all measures of general application with respect to any matter covered by this Agreement, each Party shall endeavour to ensure in its administrative proceedings applying those laws, regulations, procedures, or administrative rulings referred to in Article 18.1 to a particular person, good or service of another Party in specific cases that:
(a) 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;
(b) wherever possible, 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
(c) the procedures are in accordance with its law.
Article 18.4. Review and Appeal
1. Each Party, subject to its laws and regulations, shall endeavour to establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the 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.
2. Each Party shall endeavour to 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) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the relevant authority.
3. Each Party shall ensure, subject to appeal or further review as provided for in its domestic law, that the decision referred to in paragraph 2(b) shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Article 18.5. WTO Transparency Commitments
The Parties affirm their commitments in relation to transparency under the WTO Agreement and build on those commitments in this chapter.
Chapter 19. ADMINISTRATION OF THE AGREEMENT
Article 19.1. Establishment of the Joint Committee
The Parties hereby establish the United Arab Emirates - New Zealand CEPA Joint Committee which may meet at the level of senior officials or Ministers, as mutually determined by the Parties.
Article 19.2. Meetings of the Joint Committee
1. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet every two years unless the Parties agree otherwise. The regular sessions of the Joint Committee shall be chaired successively by each Party. The Party chairing a meeting of the Joint Commission shall provide any necessary administrative support for such meeting.
2. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party, unless otherwise agreed by the Parties.
Article 19.3. Functions of the Joint Committee
1. The Joint Committee shall:
(a) consider any matters relating to the implementation of this Agreement;
(b) review the general operation of this Agreement;
(c) consider any proposal to amend this Agreement that is referred to it and endeavour to make a recommendation to the Parties on the proposed amendment;
(d) supervise the work of all subsidiary bodies established under this Agreement and oversee other activities conducted under this Agreement;
(e) consider ways to further enhance trade and investment between the Parties; and
(f) establish its own rules of procedure.
2. The Joint Committee may:
(a) establish subsidiary bodies, refer matters to any subsidiary bodies, and consider matters raised by any subsidiary bodies established under this Agreement;
(b) merge or dissolve any subsidiary bodies established under this Agreement;
(c) develop arrangements for the implementation of the Agreement;
(e) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;
(f) issue interpretations of the provisions of this Agreement;
(g) consider any other matter that may affect the operation of this Agreement; take any other action as the Parties may agree; and
(h) consider and adopt a modification to this Agreement of:
(i) Annex 3-A (Product Specific Rules) pursuant to Article 3.40(3);
(ii) Annex 6-A (Competent Authorities) pursuant to Article 6.13(6)(d);
(iii) Annex 6-B (Sanitary MOU) pursuant to Article 6.13(6)(e);
(iv) Annex 6-C (Sanitary and Phytosanitary MOU) pursuant to Article 6.13(6)(e);
(v) Annex 11-A (Government Procurement Schedules) pursuant to Article 11.20(5);
(vi) Annex 20-A (Rules of Procedure for the Panel) pursuant to Article 20.29; and
(vii) Annex 20-B (Code of Conduct for Panellists and Others Engaged in Dispute Settlement Proceedings under this Agreement) pursuant to Article 20.29.
3. The Joint Committee, or any subsidiary bodies established under this Agreement, shall take decisions on any matter within its functions by mutual agreement.
4. Meetings of the Joint Committee, or any subsidiary bodies established under this Agreement, may be conducted in person or by any other means as determined by the Parties.
Article 19.4. Establishment of Sub-Committees
The following sub-committees are hereby established under the auspices of the Joint Committee:
(a) the Trade in Goods Sub-Committee, the functions of which are set out in Article 2.20 (Sub-Committee on Trade in Goods);
(b) the Rules of Origin and Customs and Trade Facilitation Sub-Committee, the functions of which are set out in Article 3.38 (Rules of Origin and Trade Facilitation Sub-Committee) and Article 4.18 (Sub-Committee on Customs Procedures and Trade Facilitation); and
(c) the Sanitary and Phytosanitary Measures Sub-Committee, the functions of which are set out in Article 6.13 (Sub-Committee on Sanitary and Phytosanitary Measures).
Article 19. Communications
1. Each Party shall, within 30 days of the date of entry into force of this Agreement, designate a contact point to receive and facilitate official communications among the Parties on any matter relating to this Agreement. Each Party shall notify the other Party of the contact details of that contact point. Each Party shall promptly notify the other Party, in writing, of any changes to its contact point.
2. Upon request of the other Party, a Party's contact point shall identify the office or official responsible for any matter relating to implementation of this Agreement. The contact point will assist, as necessary, in facilitating communications between the other Party and that office or official.
3. All official communications in relation to this Agreement shall be in the English language.
Article 19.6. General Review
1, The Parties shall undertake a general review of the Agreement, with a view to furthering its objectives, every five years following the date of entry into force, unless the Parties agree otherwise.
2. The conduct of general reviews shall normally coincide with regular meetings of the Joint Committee.
Chapter 20. DISPUTE SETTLEMENT
Article 20.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article 20.2. Cooperation
The Parties shall endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation, consultations, or other means to arrive at a mutually satisfactory resolution of any matter that might affect its operation or application.
Article 20.3. Scope of Application
1. Except as provided in paragraphs 2 and 3, this Chapter shall apply with respect to the avoidance or settlement of any dispute between the Parties concerning the interpretation or application of this Agreement (hereinafter referred to as “covered provisions”), wherever a Party considers that:
(a) a measure of the other Party is inconsistent with its obligations under this Agreement; or
(b) the other Party otherwise failed to carry out its obligations under this Agreement.
2. This Chapter shall not cover non-violation complaints and other situation complaints.
3. The covered provisions shall include all provisions of this Agreement with the exception of:
(a) Chapter 5 (Trade Remedies);
(b) Chapter 8 (Investment Facilitation);
(c) Chapter 12 (Competition);
(d) Chapter 14 (Trade and Sustainable Development);
(e) Chapter 15 (Indigenous Peoples Economic and Trade Cooperation);
(f) Chapter 16 (Small and Medium-Sized Enterprises); and
(g) Chapter 17 (Economic Cooperation).
Article 20.4. Contact Point
1. Each Party shall designate a contact point to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.
2. Any request, notification, written submission or other document made in accordance with this Chapter shall be delivered to the other Party through its designated contact point.
Article 20.5. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 20.3 by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the reasons for the request, including the measure or other matter at issue and a description of its factual basis, and the legal basis for the complaint.
3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than 10 days after the date of receipt of the request.
4. Unless agreed otherwise, the Parties shall enter consultations within a period of no more than:
(a) 15 days after the receipt of the request for consultation on matters of urgency including those which concern perishable goods, or seasonal goods or seasonal services that rapidly lose their value; or
(b) 30 days after the date of receipt of the request of all other matters.
5. Unless the Parties agree otherwise, consultations shall be deemed concluded within:
(a) 30 days of the receipt of the request for consultations on matters which concern perishable goods; or
(b) 60 days of the receipt of the request for consultations regarding all other matters.
6. During consultations each Party shall provide sufficient information to allow a complete examination of how the measure, or other matter subject to consultations, might affect the operation or application of this Agreement.
7. Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be designated as confidential for the purposes of Article 1.5 (Confidential Information), and without prejudice to the rights of either Party in any further proceedings.
8. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the territory of the Party to which the request is made.
Article 20.6. Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to voluntarily undertake good offices, conciliation or mediation. These procedures may begin at any time and be terminated by either Party at any time.
2. Proceedings involving good offices, conciliation or mediation and the particular positions taken by the Parties in these proceedings, shall be confidential for the purposes of Article 1.5 (Confidential Information), and without prejudice to the rights of either Party in any further proceedings.
3. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the panel procedures proceed.
Article 20.7. Establishment of a Panel
1. The complaining Party may request the establishment of a panel if:
(a) the respondent Party does not respond to the request for consultations within 10 days after the date of its delivery;
(b) consultations are not held within the time periods set out in Article 20.5(4);
(c) the Parties agree not to have consultations; or
(d) consultations have been concluded and no mutually agreed solution has been reached.
2. The request for establishment of a panel shall be made in writing to the responding Party. In the request, the complaining Party shall set out the reasons for the request sufficient to present the problem clearly, including by identifying:
(a) aspecific measure or other matter at issue;
(b) the legal basis for the complaint, including the provisions of this Agreement alleged to have been breached;
(c) any other relevant provisions; and
(d) the factual basis for the complaint.
Article 20.8. Composition of a Panel
1. The Panel shall be composed of three panellists.
2. Each Party shall appoint a panellist within 20 days of the receipt of the request to establish a panel and shall at the same time nominate up to three candidates to serve as the third panellist who shall be the chair of the panel. The nominated candidates can also be appointed as a panellist who is not the chair pursuant to paragraphs 5 and 6.