Each Party has the right to define the kind of universal service obligations it wishes to maintain. Such obligations shall not be regarded as anti-competitive per se, provided that they are administered in a transparent, non-discriminatory, and competitively neutral manner, and are not more burdensome than necessary for the kind of universal service defined by the Party.
Article 22.16. Licensing
1. If a Party requires a supplier of public telecommunications services to have a licence, the Party shall ensure the public availability of:
(a) all the licensing criteria and procedures that it applies;
(b) the period that it normally requires to reach a decision concerning an application for a licence; and
(c) the terms and conditions of all licences in effect.
2. The Party shall notify an applicant of the outcome of its application without undue delay after a decision has been taken.
3. Each Party shall ensure that, upon request, an applicant or a licensee is provided with the reasons for the:
(a) denial of a licence;
(b) imposition of supplier-specific conditions on a licence;
(c) refusal to renew a licence; or
(d) revocation of a licence.
Article 22.17. Allocation and Use of Scarce Resources
1. Each Party shall administer its procedures for the allocation and use of scarce resources related to telecommunications, including frequencies, numbers, and rights of way, in an objective, timely, transparent, and non-discriminatory manner.
2. Each Party shall make publicly available the current state of frequency bands allocated and assigned to specific suppliers, but shall not be required to provide detailed identification of frequencies allocated for specific government uses.
3. For greater certainty, a measure of a Party that allocates or assigns spectrum or manages frequency is not in itself inconsistent with Article 18.5 (Market Access), either as it applies to cross-border trade in services or through the operation of Article 18.2 (Scope) to an investor or covered investment of the other Party. Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications networks or services, provided that the Party does so in a manner that is consistent with this Agreement. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.
4. When making a spectrum allocation for commercial telecommunications services, each Party shall endeavour to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each Party shall endeavour to rely generally on market-based approaches in assigning spectrum for terrestrial commercial telecommunications services, if appropriate. To this end, each Party may use mechanisms such as auctions, administrative incentive pricing, or unlicensed use, if appropriate, to assign spectrum for commercial use.
Article 22.18. Transparency
1. Further to Article 15.2(2) (Publication), each Party shall endeavour to ensure that when its telecommunications regulatory body seeks input on a proposal for a law or regulation, that body provides relevant suppliers of public telecommunications networks or services of the other Party operating in its territory an opportunity to comment. That body shall:
(a) make the proposal public or otherwise available to any interested persons;
(b) include an explanation of the purpose of and reasons for the proposal;
(c) provide interested persons with adequate public notice of the ability to comment and reasonable opportunity for such comment;
(d) to the extent practicable, make publicly available all relevant comments filed with it; and
(e) respond to all significant and relevant issues raised in comments filed, in the course of issuance of the final regulation.
2. Each Party shall ensure that relevant information on conditions affecting access to and use of public telecommunications networks or services is publicly available, including:
(a) tariffs and other terms and conditions of service;
(b) specifications of technical interfaces with such networks and services;
(c) information on bodies responsible for the preparation and adoption of standards affecting such access and use;
(d) conditions for attaching terminals or other equipment; and
(e) requirements for notification or licensing, if any.
Article 22.19. Enforcement
Each Party shall provide its competent authority with the authority to enforce the Party's measures relating to the obligations set out in Article 22.4 (Access to and Use of Public Telecommunications Networks or Services), Article 22.5 (Number Portability), Article 22.6 (Competitive Safeguards), Article 22.7 (Treatment by Major Suppliers), Article 22.8 (Resale), Article 22.9 (Interconnection: Obligations Relating to Suppliers of Public Telecommunications Services), Article 22.10 (Interconnection: Obligations Relating to Major Suppliers), Article 22.11 (Access to Essential Facilities), Article 22.12 (Co‑Location), and Article 22.13 (International Submarine Cable Systems). That authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension or revocation of licences.
Article 22.20. Resolution of Telecommunications Disputes
1. Each Party shall ensure that an enterprise of the other Party may have timely recourse to a telecommunications regulatory body or other relevant body of the Party to resolve disputes arising under this Chapter.
2. Each Party shall ensure that suppliers of public telecommunications services of the other Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly specified period of time after the supplier requests interconnection, by its telecommunications regulatory body to resolve disputes regarding the terms, conditions and rates for interconnection with that major supplier.
3. Each Party shall ensure that any supplier of public telecommunications networks or services aggrieved by a final determination or decision of its relevant telecommunications regulatory body may obtain a review of such determination or decision in accordance with its laws and regulations.
4. A Party shall not permit the making of an application for review to constitute grounds for non-compliance with the determination or decision of its telecommunications regulatory body, unless its relevant body determines otherwise.
Article 22.21. Relation to International Organisations
The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks and services, and undertake to promote such standards through the work of relevant international bodies.
Article 22.22. Relation to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, this Chapter shall prevail to the extent of the inconsistency.
Chapter 23. Trade and Gender
Article 23.1. General Understandings
1. The Parties acknowledge the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that coherent gender responsive domestic and international trade policies can play in achieving sustainable socioeconomic development. Inclusive economic growth aims to distribute benefits across the entire population by providing equitable opportunities for the participation of diverse groups of women and men in business, industry, and the labour market.
2. The Parties affirm the importance of promoting gender equality policies and practices, building and strengthening the capacity of the Parties in this area, including in non-government sectors, to promote equal rights, equal treatment and opportunities for women and men, and the elimination of all forms of discrimination against women.
3. The Parties acknowledge that international trade and investment are engines of economic prosperity and sustainable development, and that improving women's access to opportunities, eliminating all forms of discrimination against women, and removing gender-related and other barriers to international trade and investment, enhance women's participation in national and international economies and contribute to sustainable economic development.
4. Each Party affirms its commitment to promoting gender equality through, as appropriate, laws, regulations, policies, and practices.
5. The Parties affirm that all women and other genders have the right to the full range of economic rights, without the consent of another person in any relationship capacity.
6. Each Party shall domestically promote public knowledge of its gender equality laws, regulations, policies, and practices.
7. The Parties acknowledge the important work being done on trade and gender in multilateral forums, such as the WTO. The Parties shall endeavour to work together in these forums, if possible, to advance knowledge and understanding of the trade and gender nexus and ensure that women can participate in and benefit from trade. If possible, the Parties may consider voluntary reporting on women in trade at the WTO Trade Policy Review Mechanism.
Article 23.2. International Instruments
1. Each Party affirms its commitment to implement its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979, and to give due consideration to the general comments made by its Committee.
2. The Parties recognize Goal 5 of the Sustainable Development Goals in the United Nations 2030 Agenda for Sustainable Development, which is to achieve gender equality and empower all women and girls.
3. Each Party affirms its commitment to implement its obligations under the Convention on the Rights of Persons with Disabilities, done at New York on 13 December 2006, and to give due consideration to the general recommendations made by its Committee.
4. The Parties recognize the importance to promote the objectives of the Beijing Declaration and Platform for Action (1995), in particular its strategic objective to promote women's economic rights and independence.
5. Each Party affirms its commitment to implement the Buenos Aires Joint Declaration on Trade and Women's Economic Empowerment (2017) of the Eleventh WTO Ministerial Conference (MC11).
6. Each Party affirms its commitment to implement the obligations addressing gender equality or women's rights under any other international agreement to which it is a party.
7. For the purpose of this Agreement, the Parties shall use the definitions to the extent possible of women-owned business, women-led business, and women-led cooperative, established on 8 March 2021 by the International Organisation for Standardisation (ISO) and the International Trade Centre (ITC).
Article 23.3. Non-Derogation
1. A Party shall not fail to implement its laws that ensure equal rights and equal opportunities for women and men through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties.
2. A Party shall not weaken or reduce the protection afforded to women and men in its gender equality laws, regulations, and policies in order to encourage trade or investment between the Parties or between them and any other economy.
Article 23.4. Cooperation Activities
1. The Parties acknowledge the benefit of sharing their respective experiences and practices in designing, implementing, monitoring, evaluating, and strengthening policies and programs to encourage women's participation in national and international economies.
2. The Parties shall carry out cooperation activities designed to improve the capacity, competitiveness, аnd conditions for women, including workers, business women, business owners, and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement. The Parties shall carry out these activities with the inclusive participation of women in all their diversity.
3. The Parties shall be proactive and results-oriented in carrying out cooperation activities under this Chapter, and shall be guided by the principles of:
(a) equity, diversity, inclusivity, intersectionality, and gender balance;
(b) evidence-based decision-making;
(c) stakeholder engagement;
(d) accountability and transparency; and
(e) openness, flexibility, and reasonableness.
4. The Parties shall carry out cooperation activities on issues and topics determined by the Parties through the interaction of their respective government institutions, businesses, labour unions, education and research organizations, other non-governmental organizations, and their representatives, as appropriate.
5. Areas of cooperation may include:
(a) developing programs that encourage capacity-building and skills enhancement of women at work, in business, and at leadership levels in all sectors, to promote women's full participation and advancement in the economy and international trade, including on corporate boards;
(b) improving women's access to, and participation and leadership in, science, technology, and innovation, including education in science, technology, engineering, mathematics, and business;
(c) promoting financial inclusion, education, and training for women, as well as promoting access to financial assistance including trade and microfinancing;
(d) promoting business development services for women, and programs to improve women's digital skills and access to online business tools;
(e) developing better practices to promote gender equality within institutions and businesses;
(f) fostering women's representation in decision-making positions in public, private, and not-for-profit sectors;
(g) promoting women-owned businesses, competitiveness, and internationalization, in order to enhance their access to government procurement markets and local, regional, and global supply chains;
(h) developing trade missions for business women and women entrepreneurs;
(i) supporting economic opportunities for under-represented women;
(j) promoting women's participation in standards development and implementation, including through standards bodies and sharing best practices;
(k) sharing methods and procedures for the collection of sex-disaggregated data, the use of indicators, and the analysis of gender-focused statistics related to trade;
(l) sharing information on advancing non-discrimination in the workplace; and
(m) other issues as decided by the Parties.
6. The Parties may carry out activities in the cooperation areas set out in paragraph 5 through:
(a) workshops, seminars, dialogues, and other forums for exchanging knowledge, experiences, and best practices;
(b) internships, visits, and research studies to document and study policies and practices;
(c) collaborative research and development of best practices in subject matters of mutual interest;
(d) specific exchanges of specialized technical knowledge and technical assistance; and
(e) other means as decided by the Parties.
7. The Parties shall decide the priorities for cooperation activities based on their interests and available resources.
Article 23.5. Committee on Trade and Gender
1. The Parties hereby establish a Trade and Gender Committee (the "Committee") composed of representatives from each Party, including gender equality experts.
2. The Committee shall:
(a) determine, organize, and facilitate the cooperation activities under Article 23.4;
(b) report and make recommendations, as appropriate, to the Joint Commission referred to in Article 27.1 on any matter related to this Chapter;
(c) facilitate the exchange of information on each Party's experiences and best practices with respect to the establishment and implementation of policies and programs that address trade and gender-related issues, in order to achieve the greatest possible benefit under this Agreement;
(d) facilitate the exchange of information on the Parties' experiences and lessons learned through the cooperation activities carried out under Article 23.4;
(e) discuss joint proposals to support policies and other initiatives on trade and gender;
(f) invite international donor institutions, private sector entities, non-governmental organizations, or other relevant institutions, as appropriate, to assist with the development and implementation of cooperation activities;
(g) encourage multilateral and regional organizations to finance projects to enable women-owned businesses to participate in trade;
(h) consider matters related to the implementation and operation of this Chapter;
(i) at the request of a Party, consider and discuss matters that may arise related to the interpretation and application of this Chapter; and
(j) carry out other duties as determined by the Parties.
3. The Committee shall meet as decided by the Parties, and annually thereafter or as otherwise decided by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter.
4. In the performance of its duties, the Committee may work with any other body established under this Agreement.
5. The Committee may request that the Joint Commission refer work to be conducted under this Article to any other body established under this Agreement.
6. The Parties may invite experts or relevant organizations to Committee meetings to provide information.
7. The Committee shall periodically review the cooperation activities carried out under Article 23.4, as well as the implementation of this Chapter and gender-related provisions of this Agreement. The Committee shall report and make recommendations to the Joint Commission on this review and other matters as necessary.
Article 23.6. Dispute Settlement
1. The Parties shall make all possible efforts, through dialogue, consultations, and cooperation, to resolve any matter that may arise relating to this Chapter.
2. If the Parties cannot resolve the matter in accordance with paragraph 1, they may consent to submit the matter to dispute settlement under Chapter 28 (Dispute Settlement).
Chapter 24. Trade and Small and Medium-Sized Enterprises
Article 24.1. General Provisions
1. The Parties recognize the participation of SMEs in domestic markets, as well as in international trade and investment, and their contribution in achieving inclusive economic growth, sustainable development, and enhanced productivity, and acknowledge the importance of promoting an environment that facilitates and supports the development, growth, and competitiveness of SMEs.
2. The Parties recognize the fundamental role of SMEs in creating and maintaining dynamism and enhancing competitiveness of the economies of the Parties. Accordingly, each Party shall endeavor to develop and promote cooperation on SMEs, with the purpose of contributing to the expansion, diversification, and deepening of economic and commercial ties between the Parties.
3. The Parties recognize that improving the ability of SMEs to participate in trade and investment will enhance their competitiveness. Accordingly, each Party shall endeavor to the extent possible to identify and as appropriate remove barriers to international trade and investment for SMEs.
4. The Parties recognize the importance of innovation for SMEs' competitiveness. Accordingly, each Party shall endeavor to enhance SMEs' access to information, financing, and networking to facilitate the innovation of SMEs.
5. Each Party shall take into account that SMEs may require support when enhancing the growth, competitiveness, and access of SMEs to international trade and investment.
6. Each Party may encourage SMEs operating within its territory or subject to its jurisdiction to observe internationally recognized standards, guidelines, and principles of responsible business conduct (RBC), as appropriate.
7. The Parties recognize the importance of current initiatives on SMEs developed under relevant forums, and the importance of taking into account their findings and recommendations, as appropriate.
Article 24.2. Information Sharing
1. Each Party shall make available, and update to the extent possible and as appropriate, information regarding this Agreement through a digital medium, including:
(a) the text of this Agreement, including annexes, tariff schedules, and product specific rules of origin;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that the Party considers useful for SMEs interested in benefiting from the opportunities provided by this Agreement.
2. Each Party shall include links to:
(a) the equivalent webpage of the other Party; and
(b) the websites or webpages of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. The information described in paragraph 2(b) may include:
(a) customs regulations and procedures;
(b) regulations and procedures concerning intellectual property rights;
(c) information to enhance SMEs' cybersecurity;
(d) technical regulations, standards, conformity assessment procedures, and sanitary and phytosanitary measures relating to importation and exportation;
(e) foreign investment regulations;
(f) business registration procedures;
(g) trade promotion programs including start-up promotion programs;
(h) SME financing programs;
(i) employment regulations; and
(j) taxation information.
4. Each Party shall ensure that the information referred to in this Article is accessible within the timeframe decided by the Parties.
5. Each Party, as appropriate, shall ensure the information referred to in this Article is available in its own official language(s).
Article 24.3. Cooperation Activities on SMEs
1. The Parties recognize the importance of cooperation activities between the Parties to support the objectives of this Chapter.
2. The Parties shall endeavour to involve the private sector and SME-related support agencies in the development and implementation of these activities, as appropriate.
3. The Parties shall collaborate to identify and as appropriate remove barriers to international trade for SMEs, support productive sectors in which SMEs operate, and promote the growth and creation of higher paying, more productive jobs by SMEs.
4. Cooperation activities may include: