e) promotion of advanced studies and projects in science and technology that will contribute to the long-term sustainable development of the Parties;
f) promote public-private partnerships for the development of innovative products and services and explore joint efforts to enter new markets;
g) scientific and technical cooperation for the Parties! software industry and fostering cooperation in the development of software for populations with specific needs;
h) improving research, technology and innovation capabilities by providing technological equipment and infrastructure; and
i) organize workshops and seminars on topics of interest to both Parties related to innovation, science, technology and ICT.
Article 16.10. Education
1. In pursuing the objectives of Article 16.1 (General Objectives), the Parties shall endeavor to take advantage of existing agreements or arrangements for cooperation in education; and to promote networking, mutual understanding and close working relations in education between the Parties.
2. The Parties shall encourage and facilitate, as appropriate, exchanges between their respective education-related agencies, institutions and organizations such as:
a) quality assurance processes in education;
b) preschool, primary and secondary education systems;
c) higher education;
d) technical education; and
e) business and industry collaboration for technical training.
3. The Parties shall encourage cooperation in education focusing on:
a) exchange of information, teaching materials and demonstration materials;
b) joint planning and implementation of programs and projects, and joint coordination of specific activities in agreed areas;
c) development of collaborative training, exchange of experiences, joint research and development, through undergraduate and graduate studies;
d) cooperation between higher education institutions of the Parties through the exchange of teaching staff, researchers and students in connection with academic programs,
e) develop a better understanding of cach Party's educational systems and policies, including information on skills assessment;
f) development of innovative resources for quality assurance;
g) means and methods to support learning and assessment, as well as the professional development of teachers and trainers;
h) collaboration between higher education institutions and companies, to develop the level of specialized knowledge and skills in the labor market;
i) development of an information system on educational statistics; j) language training; and k) scholarships and internships.
Article 16.11. Cultural Cooperation
1. In pursuing the objectives of Article 16.1 (General Objectives), the Parties shall endeavor to take advantage of existing agreements or arrangements for cultural cooperation; as well as to promote the exchange of information and cultural exchanges between the Parties.
2. The Parties shall encourage and facilitate, as appropriate, the following activities, including, but not limited to:
a) dialogue on cultural policies and promotion of local culture;
b) exchange of cultural events and promote the knowledge of artistic works;
c) exchange of experiences in conservation and restoration of national heritage;
d) exchange of experiences on management for the arts;
e) protect archacological monuments and cultural heritage;
f) have a mechanism for consultation between the cultural authorities of the Parties; and
g) generate programs for the digitization of historical documents aimed at preserving the national heritage.
Article 16.12. Cooperation In Traditional Medicine
1. In pursuing the objectives of Article 16.1 (General Objectives), the Parties shall endeavor to take advantage of existing agreements or arrangements for cooperation in traditional medicine; as well as to promote the exchange of information on traditional medicine among the Parties.
2. The Parties shall encourage and facilitate, as appropriate, the following activities, including, but not limited to:
a) encourage dialogue on Traditional Medicine policies and the promotion of their respective Traditional Medicine;
b) to raise awareness of the active effects of Traditional Medicine;
c) to promote the exchange of experiences in the conservation and restoration of Traditional Medicine;
d) Encourage the exchange of experiences on management, research and development of Traditional Medicine;
e) foster cooperation in the field of Traditional Medicine education, through training programs and media;
f) to promote cooperation in therapeutic services and the manufacture of Traditional Medicine products; and
g) To promote cooperation in Traditional Medicine in the field of research in order to contribute to the evaluation of the efficacy and safety of natural resources and products used in health care.
Article 16.13. Environmental Cooperation
The Parties shall promote the establishment of joint actions to promote green development.
The Parties will take the energy transition as an opportunity to stimulate new growth impulses in green development, through knowledge sharing and cooperation in bioeconomy and clean energy, strengthening environmental control and monitoring, and comprehensive remediation.
The Parties shall encourage and facilitate, as appropriate, the following activities, including, but not limited to:
a) cooperation in green development and bioeconomy, including areas related to clean energy such as photovoltaic, wind, nuclear, hydrogen and biomass energy;
b) technology transfer and technical assistance for the automotive fuel industry, new energy sources such as, but not limited to, electric batteries, smart charging service and battery recycling and disposal service, as well as energy storage systems;
c) encourage green financing programs;
d) designing and implementing strategies and programs for single-use plastic manufacturing alternatives and circular economy; and
e) construction of low environmental impact infrastructure.
Article 16.14. Other Areas of Cooperation
The Parties may agree to cooperate in other areas of mutual interest other than those already established in this Treaty. Cooperation in these areas shall be carried out through the competent authorities of each Party and upon agreement.
Article 16.15. Mechanisms of Cooperation
1. For the purpose of administering this Chapter and facilitating the management of cooperative activities, the Parties establish a Cooperation Committee (hereinafter "the Committee").
2. The Committee will be composed of representatives of the Ministry of Commerce of China, and representatives of the Ministry of Production, Commerce, Investment and Fisheries of Ecuador (MPCEIP) of the Ministry of Commerce of China, or their successors.
3. The Parties shall designate national contact points to facilitate communication on possible cooperative activities. The contact points shall work with government agencies, representatives of the business sector, and educational and research institutions for the operation of this Chapter.
4. This Committee shall meet at least once a year, unless otherwise agreed by the Parties. When special circumstances arise, the Committee shall meet at any time at the request of either Party or the Commission.
5. For the purposes of this Chapter, the Committee shall have the following functions:
a) supervise the implementation of the framework of cooperation agreed upon by the Parties;
b) encourage the Parties to undertake cooperative activities in accordance with the cooperation scheme agreed upon by the Parties;
c) make recommendations on cooperative activities under this Chapter, in accordance with the strategic priorities of the Parties; and
d) review through each Party's regular reports, the operation of this Chapter and the implementation and fulfillment of its objectives among the relevant institutions of the Parties to help foster closer cooperation in thematic areas.
Article 16.16. Dispute Resolution
No Party may have recourse to Chapter 13 (Dispute Settlement) for any matter arising out of or relating to this Chapter.
Chapter 17. Final Provisions
Article 17.1. Annexes and Footnotes
The annexes and footnotes to this Treaty form an integral part thereof.
Article 17.2. Amendments
1. The Parties may agree to any modification or addition to this Agreement.
2. When so agreed and entered into force pursuant to Article 17.4 (Entry into Force and Termination), an amendment or addition shall constitute an integral part of this Agreement.
3. Such amendment or addition shall enter into force 60 days after the date on which the Parties have exchanged written notifications confirming the completion of their respective applicable legal procedures for its entry into force (9).
Article 17.3. Modification of the WTO Agreement
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult on the advisability of amending this Agreement.
Article 17.4. Effectiveness and Termination
1. The entry into force of this Agreement is subject to the completion of the necessary domestic legal procedures for each Party.
2. This Agreement shall enter into force 60 days after the date on which the Parties exchange written notification that such procedures have been completed, or after such other period as the Parties may agree.
3. Either Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall expire 180 days after the date of such notice.
4. Within 30 days of the notification provided for in paragraph 3, cither Party may request consultations on whether the termination of any provision of this Agreement should take effect on a date later than that provided for in paragraph 3. Such consultations shall commence within 30 days of the delivery of such request by a Party.
Article 17.5. Future Work Program
The Parties will consider and mutually agree on future negotiations to expand the scope of the Treaty by including areas of interest at an appropriate time agreed by both Parties.
Article 17.6. Authentic Texts
This Agreement shall be in English, Chinese and Spanish. All three texts of this Agreement are equally authentic. In case of divergence, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.
DONE in duplicate in Quito on May 10, 2023 and in Beijing on May 11, 2023.
For the Government of the Republic of Ecuador
For the Government of the People's Republic of China
Attachments
Annex 6. Rules of Procedure of the Arbitral Tribunal
First Written Communications
1. The complaining Party is proposed to deliver its first written submission no later than 20 days after the appointment of the last arbitrator. The Party complained against is proposed to deliver its first written submission no later than 30 days after the date of delivery of the first written submission of the complaining Party, unless the arbitral tribunal decides otherwise.
2. A Party shall provide a copy of its first written submission to each of the arbitrators and to the other Party. A copy of the documents shall also be provided in electronic format.
Hearings
3. The chairman of the arbitral tribunal shall fix the date and time of the hearing after consultation with the Parties and other members of the tribunal. The place of the hearings shall be agreed by the Parties in accordance with Article 13.9 (Rules of Procedure of the Arbitral Tribunal). If there is no agreement, the place shall alternate between the territories of the Parties, the first hearing being held in the territory of the Party responding to the proceeding. The presiding arbitrator shall notify the Parties in writing of the date, time and place of the hearing. Unless cither Party disagrees, the panel may decide not to convene a hearing.
4. The panel may convene additional hearings.
5. All arbitrators shall be present at the hearings.
6. The hearings of the arbitral tribunal shall be held in camera.
Supplementary Written Comments
7. Within 20 days of the date of the hearing, each Party may submit a supplementary written submission in response to any matter that has arisen during the hearing. Supplementary written submissions shall be submitted in accordance with paragraph 2 of these Rules.
Written Questions
8. The arbitral tribunal may, at any time during the proceedings, put questions in writing to the Parties.
9. A Party shall deliver the written Answer to the arbitral tribunal and to the other Party in accordance with the timetable established by the arbitral tribunal. Each Party shall be given the opportunity to submit written comments on the other Party's reply.
Confidentiality
10. The hearings of the arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in Chapter 13 (Dispute Settlement) shall prevent a Party from disclosing statements of its own positions to the public. Information submitted by a Party to the arbitral tribunal that that Party has designated as confidential shall be treated as confidential.
Ex parte contacts
11. The arbitral tribunal shall not meet or contact a Party in the absence of the other Party.
12. No Party may contact any arbitrator in connection with the dispute in the absence of the other Party or other arbitrators.
13. No panelist may discuss any aspect of the subject matter of the proceeding with a Party or both Parties in the absence of other arbitrators.
Role of the Experts
14. At the request of a Party, or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body it considers appropriate. Any information so obtained shall be provided to the Parties so that they may comment.
15. When the tribunal takes such information or technical advice into consideration in preparing its report, it shall also take into account any comments or observations submitted by the Parties on the information or technical advice.
Working Language
16. Unless otherwise agreed by the Parties, the working language of the dispute settlement proceedings shall be English. Whenever a document is submitted in Chinese or Spanish, the Party submitting the document shall submit an English translation.