(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 would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links or information through automated electronic transfer to:
(a) the equivalent websites of the other Party; and
(b) the websites 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. Subject to each Party’s laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, and quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs;
(j) taxation and accounting;
(k) government procurement opportunities; and
(l) other information which the Party considers to be useful for SMEs.
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information described in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavor to make this information available, as appropriate.
Article 14.4. Committee on SME Issues
1. The Parties hereby establish the Committee on SME Issues (hereinafter referred to as the “SME Committee”), comprising national and local government representatives of each Party.
2. The SME Committee shall:
(a) identify ways to assist SMEs in the Parties’ territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties;
(c) exchange and discuss each Party’s experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials;
(d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement;
(e) explore opportunities for capacity building to facilitate each Party’s work in developing and enhancing SME export counseling, assistance, and training programs;
(f) recommend additional information that a Party may include on the website referred to in Article 14.3;
(g) review and coordinate its work program with the work of other Ccommittees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(h) collaborate with and encourage Ccommittees, working groups, and other subsidiary bodies established under this Agreement to consider SME-related commitments and activities into their work;
(i) review the implementation and operation of this Chapter and SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and SME assistance programs as appropriate;
(j) facilitate the development of programs to assist SMEs to participate and integrate effectively into the Parties’ regional and global supply chains;
(k) promote the participation of SMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(l) facilitate the exchange of information on entrepreneurship education and awareness programs for youth and women to promote the entrepreneurial environment in the territories of the Parties;
(m) submit on an annual basis, unless the Parties decide otherwise,a report of its activities and make appropriate recommendations to the Joint Committee; and
(n) consider any other matter pertaining to SMEs as the SME Committee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
3. The SME Committee shall convene within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise. Meetings may be held in person or virtually, as the Parties may decide.
4. The SME Committee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
Article 14.5. Non-Application of Chapter Fifteen (Dispute Settlement)
Neither Party shall have recourse to dispute settlement under Chapter Fifteen (Dispute Settlement) for any matter arising under this Chapter.
Chapter FIFTEEN. DISPUTE SETTLEMENT
Article Article 15.1: Objective
The objective of this Chapter is to establish an effective and efficient mechanism for 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 Article 15.2: Cooperation
The Parties shall endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
Article Article 15.3: Scope of Application
Except as provided in Articles 15.3.2 and 15.3.3, this Chapter shall apply with respect to the 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 measure of the other Party is inconsistent with its obligations under this Agreement; or
the other Party otherwise failed to carry out its obligations under this Agreement.
This Chapter shall not cover non-violation complaints and other situation complaints.
The Parties agree that neither Party shall have recourse to dispute settlement under this Chapter for any matter arising under the following Chapters of this Agreement: Chapter Five (Sanitary and Phytosanitary Measures), Chapter Twelve (Cooperation on Investment Facilitation), Chapter Thirteen (Economic Cooperation), and Chapter Fourteen (Small and Medium-sized Enterprises).
Article Article 15.4: Contact Points
Each Party shall designate a contact point to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.
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 Article 15.5: Request for Information
Before a request for consultations, good offices, conciliation or mediation is made pursuant to Article 15.6 or 15.7 respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date of receipt of the request.
Article Article 15.6: Consultations
The Parties shall endeavor to resolve any dispute referred to in Article
15.3 by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
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 at issue and a description of its factual basis and the legal basis specifying the covered provisions that it considers applicable.
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. Consultations shall be held within 30 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 60 days of the date of receipt of the request, unless the Parties agree otherwise.
Consultations on matters of urgency including those which concern perishable goods or where appropriate, seasonal goods or seasonal services, shall be held within 15 days of the date of receipt of the request. The consultations shall
be deemed to be concluded within those 15 days unless the Parties agree otherwise.
During consultations each Party shall provide sufficient information so as to allow a complete examination of the measure at issue including how that measure is affecting the operation and application of this Agreement.
Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
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.
If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in Article 15.6.3 or 15.6.4 respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 15.8.
Article Article 15.7: Good Offices, Conciliation, or Mediation
The Parties may at any time agree to enter into procedures for good offices, conciliation, or mediation. They may begin at any time, and be terminated by either Party at any time.
Proceedings involving good offices, conciliation, or mediation and the particular positions taken by the Parties in these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties.
If the Parties agree, procedures for good offices, conciliation, or mediation may continue while the panel procedures proceed.
Article Article 15.8: Establishment of a Panel
The complaining Party may request the establishment of a panel if:
the respondent Party does not reply to the request for consultations in accordance with the time frames referred in Article 15.6; or
the consultations referred to in Article 15.6.8 of this Agreement are not held within 30 days or 15 days in relation to urgent matters including those which concern perishable goods or where appropriate, seasonal goods or seasonal services, if the Parties agree not to have consultations, or fail to settle a dispute within 60 days of the date of the receipt of the request for consultations by the respondent Party.
The request for the establishment of a panel shall be made by means of a written request delivered to the other Party and shall identify the measure at issue and indicate the factual basis of the complaint and the legal basis specifying the relevant covered provisions in a manner sufficient to present how such measure is inconsistent with those provisions.
When a request is made by the complaining Party in accordance with paragraph 1, a panel shall be established.
Article Article 15.9: Composition of a Panel
Unless the Parties agree otherwise, a panel shall consist of three panelists.
Within 20 days of the request for the establishment of a panel is made in accordance with Article 15.8.2, each Party shall appoint a panelist. The Parties shall, by common agreement, appoint the third panelist, who shall serve as the chairperson of the panel, within 40 days of the establishment of a panel in accordance with Article 15.8.3.
If either Party fails to appoint a panelist within the period established in paragraph 2, the other Party, within a period of 20 days, may request the Director-General of the WTO to appoint the unappointed panelists within 20 days of that request.
If the Director-General of the WTO notifies the Parties to the dispute that he or she is unavailable or does not appoint the unappointed panelist within 20 days of the date of the request made pursuant to paragraph 3, any Party to the
dispute may request the Secretary-General of the Permanent Court of Arbitration to appoint the unappointed panelist within 20 days of that request.
If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, they shall within the next 10 days, exchange their respective lists comprising three nominees each who shall not be nationals of either Party. The chairperson shall then be appointed by draw of lot from the lists within 10 days of the expiry of the time period during which the Parties shall exchange their respective lists of nominees. The selection by lot of the chairperson of the panel shall be made by the Joint Committee.
If a Party fails to submit its list of three nominees within the time period established in paragraph 5, the chairperson shall be appointed by draw of lot from the list submitted by the other Party.
The date of composition of the panel shall be the date on which the last of the three selected panelists is appointed.
Article Article 15.10: Decision on Urgency
If a Party so requests, the panel shall give a preliminary ruling, within 15 days of its composition, determining whether the dispute concerns matters of urgency.
Article Article 15.11: Requirements for Panelists
Each panelist shall:
have demonstrated expertise in law, international trade, and other matters covered by this Agreement;
be independent of, and not be affiliated with or take instructions from, either Party;
serve in their individual capacities and not take instructions from any organization or government with regard to matters related to the dispute;
comply with the Code of Conduct established in Annex 15-B; and
be chosen strictly on the basis of objectivity, reliability, and sound judgment.
The chairperson shall also have experience in dispute settlement procedures.
Persons who provided good offices, conciliation, or mediation to the Parties, pursuant to Article 15.7 in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as panelists in that matter.
Article Article 15.12: Replacement of Panelists
If any of the panelists of the original panel becomes unable to act, withdraws, or needs to be replaced because that panelist does not comply with the requirements of the Code of Conduct, a successor panelist shall be appointed in the same manner as prescribed for the appointment of the original panelist under Article
15.9 and the work of the panel shall be suspended during the appointment of the successor panelist.
Article Article 15.13: Functions of the Panel
Unless the Parties otherwise agree, the panel:
shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions;
shall set out, in its decisions and reports, the findings of fact and law and the rationale behind any findings and conclusions that it makes; and
should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution.
Article Article 15.14: Terms of Reference
Unless the Parties otherwise agree within 15 days of the date of establishment of the panel, the terms of reference of the panel shall be:
“to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties, the matter referred to in the request for
the establishment of the panel, to make findings on the conformity of the measure at issue with the relevant covered provisions of this Agreement as well as recommendations, if any, on the means to resolve the dispute, and to deliver a report in accordance with Articles 15.18 and 15.19.”
If the Parties agree on other terms of reference than those referred to in paragraph 1 within the timeline specified therein, they shall notify the agreed terms of reference to the panel no later than five days after their agreement.
Article Article 15.15: Rules of Interpretation
The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law.
When appropriate, the panel may also take into account relevant interpretations in reports of panels established under this Agreement and reports of panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO.
The rulings of the panel cannot add to or diminish the rights and obligations of the Parties provided under this Agreement.
Article Article 15.16: Procedures of the Panel
Unless the Parties otherwise agree, the panel shall follow the model Rules of Procedure set out in Annex 15-A.
There shall be no ex parte communications with the panel concerning matters under its consideration.
The deliberations of the panel and the documents submitted to it shall be kept confidential.
A Party asserting that a measure of the other Party is inconsistent with the provisions of this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.
The panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually agreed solution.
The panel shall make its decisions, including its reports, by consensus, but if consensus is not possible, then by majority vote. Any member of the panel may furnish separate opinions on matters not unanimously agreed, and such separate opinions shall not be disclosed.
Rulings of the panel shall be binding on the Parties.
Article Article 15.17: Receipt of Information
Upon the request of a Party, or on its own initiative, the panel may seek from the Parties relevant information it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the panel for information.
Upon the request of a Party or on its own initiative, the panel may seek from any source any information it considers appropriate.
Upon the request of a Party, or on its own initiative, the panel may seek technical advice or expert opinion from any individual or body that it deems appropriate, and subject to any terms and conditions as the Parties agree.
Any information obtained by the panel under this Article shall be made available to the Parties and the Parties may provide comments on that information.
Article Article 15.18: Interim Report
The panel shall deliver an interim report to the Parties within 90 days of the date of composition of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. Under no circumstances shall the delay exceed 30 days after the deadline. The interim report shall not be made public.
The interim report shall set out a descriptive part and the panel’s findings and conclusions.
Each Party may submit to the panel written comments and a written request to review precise aspects of the interim report within 15 days of the date of issuance of the interim report. A Party may comment on the others Party’s request within six days of the delivery of the request.
After considering any written comments and requests by each Party on the interim report, the panel may modify the interim report and make any further examination it considers appropriate.
Article Article 15.19: Final Report
The panel shall deliver its final report to the Parties and Joint Committee within 135 days of the date of composition of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its final report. Under no circumstances shall the delay exceed 30 days after the deadline.
The final report shall include a discussion of any written comments and requests made by the Parties on the interim report. The panel may, in its final report, suggest ways in which the final report could be implemented.
The final report shall be made public within 15 days of its delivery to the Parties unless the Parties otherwise agree to publish the final report only in parts or not to publish the final report.
Article Article 15.20: Implementation of the Final Report
Where the panel finds that the respondent Party has acted inconsistently with a covered provision pursuant to Article 15.3, the respondent Party shall take any measure necessary to comply promptly and in good faith with the Panel’s ruling.
If it is impracticable to comply immediately, the respondent Party shall, no later than 30 days after the delivery of the final report, notify the complaining Party and the Joint Committee of the reasonable period of time necessary for compliance with the final report and the Parties shall endeavor to agree on the reasonable period of time required for compliance with the final report.
Article Article 15.21: Reasonable Period of Time for Compliance
If the Parties have not agreed on the length of the reasonable period of time, the complaining Party shall, no later than 20 days after the date of receipt of the notification made by the respondent Party in accordance with Article 15.20.2 request in writing the original panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the respondent Party and the Joint Committee. The 20-day period referred to in this paragraph may be extended by mutual agreement of the Parties.
The original panel shall deliver its decision to the Parties and the Joint Committee within 20 days of the relevant request.
The length of the reasonable period of time for compliance with the final report may be extended by mutual agreement of the Parties.
Article Article 15.22: Compliance Review
The respondent Party shall deliver a written notification of its progress in complying with the final report to the complaining Party and the Joint Committee at least one month before the expiry of the reasonable period of time for compliance with the final report unless the Parties agree otherwise.
The respondent Party shall, no later than at the date of expiry of the reasonable period of time, deliver a notification to the complaining Party and the Joint Committee of any measure that it has taken to comply with the final report along with a description on how the measure ensures compliance sufficient to allow the complaining Party to assess the measure before the expiry of the reasonable period of time.
Where the Parties disagree on the existence of measures to comply with the final report, or their consistency with the covered provisions, the complaining Party may request in writing the original panel to decide on the matter before compensation can be sought or suspension of benefits can be applied in accordance with Article 15.23.1(c). Such request shall be notified simultaneously to the respondent Party and the Joint Committee.
The request shall provide the factual and legal basis for the complaint, including the identification of the specific measures at issue and an indication of