(b) arranging training programs and technical cooperation related to port operation and management, and port technologies;
(c) developing exchange programs for training of merchant marine students; and
(d) arranging technical assistance and capacity building activities related to maritime transportation, including the vessel traffic service.
Article 17.7. Information and Communications Technology Cooperation
1. The Parties, recognizing the rapid development led by the private sector, of Information and Communications Technology (hereinafter referred to as "ICT") and of business practices regarding ICT-related services both in the domestic and international contexts, shall endeavor to promote the development of ICT and ICT-related services with a view to obtaining the maximum benefit of the use of ICT for the Parties.
2. Cooperation in accordance with paragraph 1 may include the following: (a) promoting dialogue on policy issues;
(b) promoting cooperation between the private sectors of the Parties;
(c) enhancing cooperation in international fora related to ICT; and
(d) undertaking other appropriate cooperative activities.
3. The Parties will encourage cooperation in the following areas, including, but not limited to:
(a) cyber-infrastructure and policy issues for e-government;
(b) inter-operability of Public Key Infrastructure;
(c) development, processing, management, distribution, and trade of digital contents;
(d) scientific and technical cooperation for the software industry of the Parties;
(e) research and development and management of information technology parks;
(f) research and development on information technology services such as integration of broadcasting and telecommunications;
(g) research and development and deployment of networks and telecommunications, when the Parties agree on the necessity of such activities;
(h) business opportunities in the international markets;
(i) Intelligent Transport Systems (ITS); and
(j) any other areas as agreed by the Parties.
Article 17.8. Energy and Mineral Resources Cooperation
1. The Parties shall promote cooperation under this Chapter as a means of building a stronger, more stable, and mutually beneficial partnership in the field of energy and mineral resources.
2. Areas of energy and mineral resources cooperation may include, but are not limited to, the following:
(a) upstream activities such as the exploration, exploitation, and production of oil and gas;
(b) downstream activities such as the refining of oil, processing of petrochemicals, liquefaction of gas, and transportation and distribution of gas, crude oil, and oil products;
(c) activities such as the exploration, exploitation, production, smelting, refining, processing, transportation, and distribution of mineral resources;
(d) cartographic activities (geodesy, satellite images, remote sensing, and geographic information systems) applied to cadastral, mining, environmental, and geological activities required for an efficient use and administration of the territories of the Parties related to mining activities;
(e) exchange of mining technology for remediation of mining-related environmental liabilities;
(f) exchange of information and experiences on environmental issues and sustainable development in mining;
(g) activities for encouraging and facilitating the business relations regarding energy and mineral resources cooperation between the Parties; and
(h) any other areas as agreed by the Parties.
3. The Parties shall facilitate the exchange of information freely available to the public on the following subjects in the field of energy and mineral resources:
(a) current investment data for domestic and foreign enterprises;
(b) investment opportunities such as tenders and mining projects;
(c) geological data/information;
(d) relevant laws, regulations, and policies;
(e) mine reclamation technology and environmental issues that could arise between the developers and the local people in the process of mine development; and
(f) any other information that a Party is free to release to the public on request of the other Party.
4. Each Party shall ensure that its laws and regulations regarding energy and mineral resources are published or otherwise made publicly available.
5. The Party that adopts or maintains any prohibition or restriction on the exportation or sale of any energy and mineral resources destined for the territory of the other Party in accordance with Article XI and Article XX of the GATT 1994 and its interpretative notes shall:
(a) give the other Party written notice prior to its introduction and simultaneously provide all relevant information concerning the prohibition or restriction; and
(b) consult with the other Party regarding the prohibition or restriction, upon the request of the other Party.
6. The Parties shall:
(a) promote cooperation between the public and private sectors of the Parties, through their government bodies, public organizations, research centers, universities, and enterprises, engaged in the field of energy and mineral resources;
(b) encourage and support, recognizing each Party's regulations, business opportunities, including investment, related to plant construction in the field of energy and mineral resources for a stable and mutually beneficial bilateral relationship; and
(c) recognize and facilitate activities related to agreements and cooperation entities that have already been organized.
7. The Parties shall facilitate visits and exchanges of researchers, technicians, and other experts, and shall also promote joint fora, seminars, symposia, conferences, exhibitions, and research projects.
Article 17.9. Small and Medium-sized Enterprises Cooperation
The Parties shall endeavor to promote a favorable environment for the development of small and medium-sized enterprises by encouraging relevant private and governmental bodies to build the capacities of small and medium-sized enterprises. The cooperation will include, among others:
(a) designing and developing mechanisms in order to foster partnerships and the development of productive chains;
(b) promoting cooperation between the economic agents of the Parties in order to identify areas of mutual interest and to obtain the maximum benefits possible of trade, investment, and small and medium-sized enterprises;
(c) fostering more dialogue and exchange of information on mandatory procedures, enhanced access to trade promotion networks, business fora, business cooperation instruments, and any other relevant information for small and medium-sized enterprises exporters;
(d) promoting training and exchange programs for small and medium-sized enterprises exporters of the Parties;
(e) promoting exchange of experiences between the public agencies of the Parties on initiatives and policy instruments for the development of enterprises, with a special focus on small and medium-sized enterprises; and
(f) encouraging public and private institutions related to small and medium-sized enterprises to cooperate in areas such as environmental management, ICT, nanotechnology, biotechnology, renewable energy, and other subjects of mutual interest.
Article 17.10. Industrial and Commercial Cooperation
The Parties shall endeavor to strengthen and develop trade, investment, and technological cooperation through the Joint Committee on Industrial Cooperation between Korea and Colombia, including but not limited to:
(a) auto parts and automobiles;
(b) cosmetics and toiletries;
(c) textile, apparel, design, and fashion;
(d) electricity, and related goods and services;
(e) software & IT;
(f) health tourism; and
(g) home appliances.
Article 17.11. Science and Technology Cooperation
1. The Parties, recognizing the importance of science and technology in their respective economies, shall endeavor to develop and promote cooperative activities in the field of science and technology.
2. The Parties will encourage and facilitate cooperation in, as appropriate, including but not limited to, the following activities:
(a) joint research and development, and high level education, including, if necessary, sharing of equipment, exchange and supply of non-confidential scientific and technical data, and, where possible, exchange of scientific samples;
(b) exchange of scientists, researchers, technicians, and experts;
(c) joint organization of seminars, symposia, conferences, and other scientific and technical meetings, including the participation of experts in those activities;
(d) promotion of joint science and technology research activities under existing national programs or policies, where the Parties agree on the necessity of the activities;
(e) exchange of information on practices, policies, laws, regulations, and programs related to science and technology;
(f) cooperation in the commercialization of products and services resulting from joint scientific and technological activities; and
(g) any other forms of scientific and technological cooperation as agreed by the Parties.
3. The Parties will undertake joint research and development projects, especially in high-end science or key technology areas, including, but not limited to:
(a) biotechnology (including bioinformatics);
(b) nanotechnology;
(c) microelectronics;
(d) new materials;
(e) e-government;
(f) manufacturing technology;
(g) ICT;
(h) environmental technology; and
(i) science and technology policy and research and development systems.
Article 17.12. Tourism Cooperation
The Parties, recognizing that tourism contributes to the enhancement of mutual understanding between them and is an important industry for their economies, shall endeavor to:
(a) explore the possibility of undertaking joint research on tourism development and promotion to increase inbound visitors to each Party;
(b) consider setting up linkages and networks between the websites of the Parties;
(c) encourage the relevant authorities and agencies of the Parties to strengthen cooperation in tourism training and education, to ensure high-quality services for tourists of the Parties;
(d) cooperate in joint campaigns to promote tourism in the territories of the Parties through workshops and seminars among the relevant authorities and agencies of the Parties;
(e) collaborate to promote the sustainable development of tourism in the territories of the Parties;
(f) exchange information on relevant statistics, promotional materials, policies, and laws and regulations in tourism and related sectors; and
(g) encourage tourism and transportation authorities and agencies to improve the aviation connectivity between the Parties.
Article 17.13. Cultural Cooperation
1. The objective of cultural cooperation is to promote cultural exchanges between the Parties. In attaining this objective, the Parties shall respect the existing agreements or arrangements already in effect for cultural cooperation.
2. Recognizing that audio-visual, including film, animation, and broadcasting programs, co-productions can significantly contribute to the development of the audio-visual industry and to the intensification of cultural and economic exchange between the Parties, the Parties agree to consider and negotiate co-production agreements in the audio-visual sector.
3. The co-production agreement referred to in paragraph 2, once concluded, will be considered to be an integral part of this Agreement. The detailed co-production agreement would be negotiated between the competent authorities of the Parties, which are the Ministry of Culture, Sports and Tourism and the Korea Communications Commission for Korea, and the Ministry of Culture (Ministerio de Cultura) for Colombia.
4. Co-produced projects in compliance with the co-production agreement referred to in paragraph 3 shall be deemed to be national productions in the territory of each Party and shall thus be fully entitled to all the benefits, including government support which is accorded under the applicable laws and regulations of each Party.
5. The Parties, in conformity with their respective legislations and without prejudice to the reservations included in their commitments in other Chapters of this Agreement, shall encourage exchanges of expertise and best practices regarding the protection of cultural heritage sites and historic monuments, including environmental surroundings and cultural landscapes.
6. The Parties commit to exchange information to identify, recover, and avoid the illegal traffic of their cultural heritage.
Article 17.14. Identification, Development, Follow-up and Monitoring Initiatives of Cooperation
1. The Parties grant particular importance to the follow-up of cooperation activities that are implemented in order to contribute to an optimal execution and better use of the benefits of this Agreement.
2. For the implementation of this Chapter, the following contact points are designated:
(a) for Korea, the Ministry of Foreign Affairs and Trade; and
(b) for Colombia, the Ministry of Trade, Industry and Tourism (Ministerio de Comercio, Industria y Turismo).
3. The contact points shall be responsible for:
(a) receiving and channeling the project proposals presented by the Parties;
(b) informing the other Party about the status of the project;
(c) informing the other Party the acceptance or denial of the project;
(d) monitoring and assessing the progress in the implementation of trade related cooperation initiatives; and
(e) other tasks on which the Parties may agree. 4. The contact points shall periodically review the implementation of this Chapter and act as a coordinating body between the Parties, as appropriate.
Chapter Eighteen. Transparency
Article 18.1. Publication
1. Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application respecting 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. To the extent possible, each Party shall:
(a) publish in advance any such measures that it proposes to adopt; and
(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
Article 18.2. Notification and Provision of Information
1. To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. Upon request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure, whether or not that other Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
Article 18.3. Administrative Proceedings
With a view to administering in a consistent, impartial, and reasonable manner all measures of general application respecting any matter covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures referred to in Article 18.1 to particular persons, goods, or services of the other Party in specific cases, that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with the Party's procedures, 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 issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with its law.
Article 18.4. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such 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 ensure that, in any such tribunals or procedures, the parties to the 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 the Party's law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its law, that such decision 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. Definitions
For 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 its ambit and that establishes a norm of conduct but does not include:
(a) 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
(b) a ruling that adjudicates with respect to a particular act or practice.
Chapter Nineteen. Institutional Provisions
Article 19.1. Joint Commission
1. The Parties hereby establish the Joint Commission comprising officials of each Party, which shall be co-chaired by the Minister for Trade of Korea and the Minister of Trade, Industry and Tourism of Colombia, or their respective designees.
2. The Joint Commission shall:
(a) supervise the implementation of this Agreement;
(b) supervise the work of all committees, working groups, and other bodies established under this Agreement, referred to in Annex 19-A;
(c) consider ways to further enhance trade relations between the Parties;
(d) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement;
(e) assess the outcomes of the application of this Agreement;
(f) oversee the further elaboration of this Agreement; and
(g) consider any other matter that may affect the operation of this Agreement.
3. The Joint Commission may:
(a) establish and delegate responsibilities to ad-hoc and standing committees, working groups, or other bodies;
(b) seek the advice of non-governmental persons or groups;