(d) exchange information regarding enhancement of intellectual property rights enforcement and related initiatives in multilateral and regional fora. 2. Any information or notification provided under this Article shall be conveyed through the contact points referred to in Article 162.
Article 164. Cooperation and Capacity Building
1. The Parties agree to cooperate with a view to increasing capacity in the development of intellectual property policy and eliminating trade in goods infringing intellectual property rights, subject to their respective laws, rules, regulations, directives and policies.
2. Each Party shall:
(a) encourage and facilitate the development of contacts and cooperation between their respective government agencies, educational institutions and other organizations with an interest in the field of intellectual property rights;
(b) work to build upon and strengthen the cooperative ties between the State Intellectual Property Office ("SIPO") and other relevant institutions of China and the Intellectual Property Office of New Zealand ("IPONZ");
(c) on mutually acceptable terms and subject to available funds, cooperate on:
(i) appropriate initiatives to promote awareness of intellectual property rights and systems;
(ii) educational and information dissemination projects on the use of intellectual property as a research and innovation tool; and
(iii) training and specialization courses for public servants on intellectual property rights.
Article 165. Genetic Resources, Traditional Knowledge and Folklore
Subject to each Party's international obligations, the Parties may establish appropriate measures to protect genetic resources, traditional knowledge and folklore.
Article 166. Consultation
1. A Party may at any time request consultations with the other Party, with a view to seeking a timely and mutually satisfactory resolution of any intellectual property issue within the scope of this Chapter.
2. Such consultation shall be conducted through the Parties' designated contact points, and shall commence within 60 days of the receipt of the request for consultation, unless the Parties mutually determine otherwise. Each Party shall ensure its contact point is able to coordinate and facilitate a response on the issue under consideration.
3. Only in the case that such consultation fails to resolve any such issue, can a Party take actions pursuant to Chapter 16 (Dispute Settlement).
4. Notwithstanding paragraph 3, after the commencement of such consultation, if a Party considers that the consultation fails to resolve the issue, it may take actions pursuant to Chapter 16 (Dispute Settlement) after notifying the other Party of such a decision.
5. Notwithstanding paragraph 1, a Party may deny the request for consultations by the other Party under this Article or the continuance of those consultations with the other Party on any issue, with respect to which, the other Party has taken actions pursuant to Chapter 16 (Dispute Settlement) or the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.
Chapter 13. Transparency
Article 167. Definitions
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 and that is relevant to the implementation of this Agreement but does not include:
(a) a determination or ruling made in administrative or quasi-judicial proceedings that applies to a particular person, good, or service of another Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 168. 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, but in no case later than 90 days after implementation or enforcement, published or otherwise made available in such a manner as to enable interested persons of the other Party and the other Party to become acquainted with them.
2. To the extent possible, each Party shall:
(a) publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and
(b) provide, where appropriate, interested persons of the other Party and the other Party with a reasonable opportunity to comment on such proposed measures.
Article 169. Administrative Proceedings
With a view to administering in a consistent, impartial, and reasonable manner all measures affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures referred to in Article 168.1 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 domestic 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 question;
(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 domestic law.
Article 170. Review and Appeal
1. Each Party shall, where warranted, establish or maintain judicial, quasi-judicial or administrative tribunals, or procedures for the purpose of the prompt review and correction of final administrative actions regarding matters covered by this Agreement, other than those taken for prudential reasons. 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 proceedings 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 domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decision shall be implemented by, and shall govern the practice of, the offices or authorities with respect to the administrative action at issue.
Article 171. Contact Points
1. Each Party shall designate a contact point or points, and provide details of such contact points to the other Party, to facilitate communications between the Parties on any matter covered by this Agreement.
2. The Parties shall notify each other promptly of any amendments to the details of their contact points.
3. Each Party shall ensure its contact points are able to coordinate and facilitate a response on any matter covered by this Agreement, including any enquiries referred to in Article 172.
4. On the request of the other Party, the contact points shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communications with the requesting Party.
Article 172. Notification and Provision of Information
1. Where a Party considers that any proposed or actual measure might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement, that Party shall notify the other Party, to the extent possible, of the proposed or actual measure.
2. On request of the other Party, a Party shall within 30 days of receipt of the request 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, request, or information under this Article shall be conveyed to the other Party through their contact point.
4. Notwithstanding paragraph 3, the notification referred to in paragraph 1 shall be regarded to have been conveyed when it has been made available by appropriate notification to the WTO.
5. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
Chapter 14. Cooperation
Article 173. Objectives
The objectives of this Chapter are to facilitate the establishment of close cooperation aimed, inter alia, at:
(a) strengthening and building on existing cooperative relationships between the Parties;
(b) creating new opportunities for trade and investment;
(c) creating new opportunities to encourage small and medium-sized enterprise ("SME") business growth and management development;
(d) supporting the important role of the private sector in promoting and building strategic alliances to encourage mutual economic growth and development;
(e) encouraging the presence of the Parties and their goods and services in the respective markets of Asia and Pacific; and
(f) increasing the level of and deepening cooperation activities between the Parties in areas of mutual interest.
Article 174. Scope
1. The Parties affirm the importance of all forms of cooperation in contributing towards implementation of the objectives and principles of this Agreement.
2. Cooperation between the Parties under this Chapter will supplement the cooperation and cooperative activities between the Parties set out in other Chapters of this Agreement.
Article 175. Economic Cooperation
1. The aims of economic cooperation under this Chapter are:
(a) to build on existing agreements or arrangements already in place for trade and economic cooperation, including those established under the Trade and Economic Cooperation Framework between New Zealand and the People's Republic of China; and
(b) to advance and strengthen trade and economic relations between the Parties.
2. In pursuit of the objectives in paragraph 1, the Parties will encourage and facilitate, as appropriate, the following activities, including, but not limited to:
(a) policy dialogue and regular exchanges of information and views on ways to promote and expand trade and investment between the Parties;
(b) keeping each other informed of important economic and trade issues, and any impediments to furthering their economic cooperation;
(c) providing assistance and facilities to business persons and trade missions that visit each other's country with the knowledge and support of the relevant agencies;
(d) supporting dialogue and exchanges of experience among the respective business communities of the Parties;
(e) stimulating and facilitating activities of public and/or private sectors in areas of economic interest.
Article 176. Small and Medium-sized Enterprises
1. The aims of cooperation on SMEs are:
(a) to build on existing agreements or arrangements already in place for trade and economic cooperation;
(b) to promote a favourable trading environment for the development of SMEs; and
(c) to build the capacity of SMEs to trade effectively under this Agreement.
2. In pursuit of the objectives in paragraph 1, the Parties will encourage and facilitate, as appropriate, inter alia, the following activities:
(a) promoting cooperation and information exchange between government institutions, business groups and industrial associations;
(b) exploring jointly effective strategies and support policies for the development of SMEs, including financial support and intermediary services;
(c) holding trade fairs and investment marts and promoting other mechanisms for exchanging goods and services involving SMEs of both Parties; and
(d) promoting training and personnel exchange between SMEs of both Parties and relevant business advisors and industrial associations.
3. Cooperation activities will be oriented to improve knowledge and good practices among SMEs and to facilitate bilateral trade by SMEs, including through exchanges of information about regulatory regimes, local markets and regional and national economies of both Parties.
Article 177. Labour and Environmental Cooperation
The Parties shall enhance their communication and cooperation on labour and environment matters through both the Memorandum of Understanding on Labour Cooperation and the Environment Cooperation Agreement between the Parties.
Article 178. Mechanisms for Cooperation
1. The Parties will designate a contact point to facilitate communication on possible cooperation activities. The contact points will work with government agencies, private sector representatives and educational and research institutions in the operation of this Chapter.
2. The Parties will make maximum use of diplomatic channels to promote dialogue and cooperation consistent with this Agreement.
Chapter 15. Administrative and Institutional Provisions
Article 179. Establishment of the New Zealand – China Free Trade Area Joint Commission
The Parties hereby establish the New Zealand – China Free Trade Area Joint Commission ("FTA Joint Commission") which may meet at the level of senior officials, Vice Ministers or Ministers, in accordance with the provisions of this Agreement.
Article 180. Functions of the Fta Joint Commission
1. The FTA Joint Commission shall:
(a) consider matters relating to the implementation of this Agreement;
(b) review within 2 years of entry into force of this Agreement and at least every 3 years thereafter the operation and implementation of this Agreement, consider any proposal to amend this Agreement or its Annexes and otherwise oversee the further elaboration of this Agreement;
(c) consider issues referred to it by the Committees and working groups established under this Agreement or by either Party;
(d) in accordance with the objectives of this Agreement, explore measures for the further expansion of trade and investment between the Parties; and
(e) consider any other matter that may affect the operation of this Agreement.
2. The FTA Joint Commission may:
(a) establish additional committees and ad hoc working groups as necessary and refer matters to any committee or working group for advice;
(b) further the implementation of this Agreement's objectives by approving any modifications of, inter alia:
(i) the schedules contained in Annex 1, by accelerating the elimination of customs duties;
(ii) the rules of origin established in Annex 5; or
(iii) the Schedules of Specific Commitments on services contained in Annex 8;
(c) further the implementation of this Agreement through Implementing Arrangements;
(d) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;
(e) seek the advice of interested parties on any matter falling within its responsibilities where this would assist the FTA Joint Commission in discharging its responsibilities; and
(f) take such other action in the exercise of its functions as the Parties may agree.
3. The acceptance by a Party of any modification of this Agreement is subject to the completion of any necessary domestic legal procedures of that Party.
Article 181. Rules of Procedure of the FTa Joint Commission
1. The FTA Joint Commission shall take decisions on any matter within its functions as set out in Article 180 by mutual agreement.
2. The FTA Joint Commission shall convene in regular session once per year and at other times at the request of either Party. Regular sessions of the FTA Joint Commission shall be chaired successively by each Party. Other sessions of the FTA Joint Commission shall be chaired by the Party hosting the meeting.
3. The FTA Joint Commission shall ordinarily meet at the level of senior officials, unless there is a request by either Party to convene the meeting at the level of Vice Ministers or Ministers, in which case the FTA Joint Commission shall meet at the level of Vice Ministers or Ministers.
4. Subject to paragraph 3 above, each Party shall be responsible for the composition of its own delegation to the FTA Joint Commission.
5. The Party chairing a session of the FTA Joint Commission shall provide any necessary administrative support for such session, and shall record any decisions taken by the FTA Joint Commission, copies of which will be provided to the other Party.
Article 182. Joint Trade and Economic Commission and Joint Ministerial Commission
1. The Parties reaffirm the roles of the Joint Ministerial Commission as established under paragraph 4 of the Trade and Economic Cooperation Framework between New Zealand and the People's Republic of China and the Joint Trade and Economic Commission as referenced in paragraph 5 of that Framework.
2. The Parties agree that the Joint Trade and Economic Commission and the Joint Ministerial Commission may each meet in special session to consider matters arising under this Agreement. In such cases the Joint Trade and Economic Commission and Joint Ministerial Commission shall exercise the functions and have the powers of the FTA Joint Commission meeting at Vice Ministerial level and Ministerial level respectively.
Chapter 16. Dispute Settlement
Article 183. Objectives
1. The objectives of this Chapter are:
(a) to encourage the Parties at all times to endeavour to reach a mutually satisfactory resolution of disputes arising under this Agreement through cooperation and consultations; and
(b) to provide an effective, efficient and transparent process for consultations and settlement of disputes between the Parties concerning their rights and obligations under this Agreement.
2. Notwithstanding anything else in this Chapter, the Parties may, at any time, reach a mutually satisfactory resolution of the dispute.
Article 184. Scope of Application
1. Except as otherwise provided in this Agreement, this Chapter shall apply to the avoidance or settlement of disputes between the Parties concerning their rights and obligations under this Agreement, except for Chapter 14 (Cooperation).
2. Any action taken pursuant to Articles 59 or 65.3 shall be without prejudice to the rights and obligations of the Parties under this Chapter.
Article 185. Choice of Forum
1. Except as provided in this Article, this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under other agreements to which they are party.
2. Where a dispute regarding any matter arises under this Agreement and under another agreement to which both Parties are party, the complaining Party may select the forum in which to settle the dispute.
3. Once the complaining Party has requested a particular forum, the forum selected shall be used to the exclusion of other possible fora.
4. For the purposes of this Article, a Party shall be deemed to have selected a forum when it has requested the establishment of, or referred a matter to, a dispute settlement panel or arbitral tribunal.
Article 186. Consultations
1. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. Each Party shall accord adequate opportunity for consultations with the other Party with respect to any matter affecting the implementation, interpretation or application of this Agreement. Any differences shall as far as possible be settled through consultation between the Parties.
2. A request for consultations shall be submitted in writing and shall set out the reasons for the request, including identification of the measure at issue and an indication of the legal basis for the complaint. The complaining Party shall deliver the request to the other Party.
3. If a request for consultations is made, the Party to which the request is made shall reply to the request in writing within 10 days after the date of its receipt and shall enter into consultations in good faith, with a view to reaching a mutually satisfactory solution, within a period of no more than:
(a) 15 days after the date of receipt of the request for matters concerning perishable goods; or
(b) 30 days after the date of receipt of the request for all other matters.
4. If the Party complained against does not respond within the aforesaid 10 days, or does not enter into consultations within the timeframe specified in paragraph 3(a) or 3(b), then the complaining Party may proceed directly to request the establishment of an arbitral tribunal.
5. The consultations shall be confidential and are without prejudice to the rights of either Party in any further proceedings.
6. In conducting the consultations, the Parties shall:
(a) provide sufficient information to enable a full examination of how the matter might affect the operation and application of this Agreement; and
(b) treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information.
7. The complaining Party may request the responding Party to make available for the consultations personnel of its government agencies or other regulatory bodies who have expertise in the matter under consultation.
Article 187. Good Offices, Mediation and Conciliation
1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin at any time and be terminated at any time.
2. If both Parties agree, good offices, conciliation or mediation may continue while the dispute proceeds for resolution before an arbitral tribunal convened under Article 188.
3. If both Parties agree, they may seek assistance of the FTA Joint Commission regarding good offices, mediation and conciliation.
Article 188. Establishment of an Arbitral Tribunal
1. If the consultations fail to resolve a dispute within: