(a) provide comprehensive procurement-related information that includes a definition of SMEs in a single electronic portal;
(b) endeavour to make all tender documentation available free of charge;
(c) identify SMEs interested in becoming trade partners with other enterprises in the territory of the other Party;
(d) conduct procurement by electronic means or through other new information and communication technologies;
(e) consider the size, design and structure of the procurement, including the use of subcontracting by SMEs; and
(f) undertake any other activity designed to facilitate the participation of SMEs in covered procurements.
Article 14.23. Cooperation
1. The Parties may develop cooperation activities with a view to achieving better understanding of their respective government procurement systems, as well as better access to their respective markets, in matters such as:
(a) exchanging experiences and information, such as regulatory frameworks, best practices and the reporting of statistics;
(b) facilitating participation by suppliers in covered procurement, in particular, with respect to SMEs;
(c) developing and expanding the use of electronic means in government procurement systems;
(d) building capability of the suppliers with respect to market access on government procurement through technical assistance; and
(e) institutional strengthening for the fulfilment of the provisions of this Chapter, including training for government officials.
2. The Parties shall notify the Other Issues Committee established in Article 22.5(c) (Establishment of Cross-Cutting Committees) the undertaking to carry out any of such activities.
Article 14.24. Administration of this Chapter
1. Matters relating to administration of this Chapter shall be considered by the Parties through the Other Issues Committee established under Article 22.5(c) (Establishment of Cross-Cutting Committees).
2. The Other Issues Committee shall have the following additional functions under this Chapter:
(a) facilitating:
(i) cooperation between the Parties, as provided for in Article 14.23;
(i) facilitation of participation by SMEs in covered procurement, as provided for in Article 14.22; and
(ii) consideration of further negotiations; and
(b) identifying and addressing any problems or other issues that may arise.
Article 14.25. Further Negotiations
On the request of a Party under Article 14.24, the other Party shall consider entering into future negotiations with the aim to expand the coverage under this Chapter, if the other Party provides additional market access to a third party under another international agreement that enters into force after the entry into force of this Agreement.
Chapter 15. COMPETITION POLICY
Article 15.1. Definitions
For the purposes of this Chapter:
enforcement proceedings means judicial or administrative proceedings following an investigation into the alleged violation of competition laws.
Article 15.2. Objectives
Recognising that anticompetitive business conduct and misleading or deceptive conduct have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation, the Parties seek to take appropriate measures to proscribe that conduct, implement policies promoting competition and cooperate on matters covered by this Chapter to help secure the benefits of this Agreement.
Article 15.3. Competition Laws and Authorities and Anticompetitive Business Conduct
1. Each Party shall adopt or maintain competition laws that proscribe anticompetitive business conduct, with the objective of encouraging competition in order to promote economic efficiency and consumer welfare and shall take appropriate action with respect to that conduct.
2. Each Party shall ensure that the measures it adopts or maintains to proscribe anticompetitive business conduct and the enforcement actions it takes pursuant to those measures are consistent with principles of transparency, non-discrimination and due process.
3. Each Party shall apply its competition laws to all commercial activities in its territory. This does not prevent a Party from applying its competition laws to commercial activities outside its borders that have anticompetitive effects within its jurisdiction.
4. Each Party may provide for certain exemptions or exclusions from the application of its competition laws provided that those exemptions or exclusions are transparent and in accordance with the laws and regulations of a Party and based on public policy grounds or public interest grounds.
5. Each Party shall maintain an authority or authorities responsible for the enforcement of its competition laws ("competition authorities").
6. Each Party shall ensure that its authority or authorities enforce its competition laws in accordance with the objectives set out in this Chapter and do not discriminate on the basis of nationality.
7. Each Party shall ensure independence in decision-making by its authority or authorities in relation to the enforcement of its competition laws.
Article 15.4. Procedural Fairness In Competition Law Enforcement
1. Each Party shall adopt or maintain written procedures or guidelines pursuant to which its competition law investigations are conducted. If these investigations are not subject to definitive deadlines, each Party's competition authorities shall endeavour to conduct their investigations within a reasonable timeframe.
2. Each Party shall ensure that before it imposes a sanction or remedy against a person for violating its competition laws, it affords that person information about the competition authority's competition concerns, including identification of the specific competition laws alleged to have been violated and the associated maximum potential penalties, if not publicly available, and a reasonable opportunity to be represented by counsel.
3. Each Party shall ensure that before it imposes a sanction or remedy against a person for violating its competition laws, it affords the person a reasonable opportunity to be heard and to present evidence, except that it may provide for the person to be heard and present evidence within a reasonable time after it imposes an interim sanction or remedy.
4. Each Party shall provide a person that is subject to the imposition of a sanction or remedy for violation of its competition laws with the opportunity to seek review of the sanction or remedy in a court or other independent tribunal established under that Party's laws and regulations.
5. Each Party shall adopt or maintain rules of procedure and evidence that apply to enforcement proceedings concerning alleged violations of its competition laws and the determination of sanctions and remedies thereunder. These rules shall include procedures for introducing evidence, including expert evidence if applicable, and shall apply equally to all persons in a proceeding.
6. Each Party shall ensure that its competition authorities do not state or imply in any public notice confirming or revealing the existence of a pending or ongoing investigation against a particular person that this person has in fact violated the Party's competition laws.
7. If a Party's competition authority alleges a violation of its competition laws, that authority shall be responsible for establishing the legal and factual basis for the alleged violation in an enforcement proceeding. (1)
8. Each Party shall provide for the protection of confidential information obtained by its competition authorities during the investigative process. If a Party's competition authority uses or intends to use that information in an enforcement proceeding, the Party shall, if it is permissible under its laws and regulations as appropriate, allow the person under investigation or its legal counsel timely access to information that is necessary to prepare an adequate defence to the competition authority's allegations.
9. Each Party shall ensure that its competition authorities afford a person under investigation for an alleged violation of its competition laws reasonable opportunity to be heard by those competition authorities with respect to significant legal, factual, procedural or, if any, economic issues that arise during the investigation.
Article 15.5. Cooperation
1. The Parties recognise the importance of cooperation and coordination between their respective competition authorities to foster effective competition law enforcement in the free trade area. Accordingly, each Party shall cooperate, as appropriate:
(a) in the area of competition policy by exchanging information on the development of competition policy; and
(b) onissues of competition law enforcement, including through notification, exchange of information, investigative and enforcement assistance, and consultation and coordination on investigations of a cross-border dimension.
2. A Party's competition authorities may consider entering into a cooperation arrangement or agreement with the competition authorities of the other Party that sets out mutually agreed terms of cooperation.
3. The Parties agree to cooperate in a manner compatible with their respective laws and regulations, important and mutual interests, and within their reasonably available resources.
Article 15.6. Technical Cooperation
1. Recognising that the Parties can benefit from sharing their diverse experience in developing, applying and enforcing their competition laws and policies, the Parties shall consider undertaking mutually agreed technical cooperation activities, subject to available resources, including:
(a) providing advice or training on relevant issues, including through the exchange of officials;
(b) exchanging information and experiences on competition advocacy, including ways to promote a culture of competition; and
(c) assisting a Party as it implements a new competition law.
Article 15.7. Consumer Protection
1. The Parties recognise the importance of consumer protection policy and enforcement to creating efficient and competitive markets and enhancing consumer welfare in the free trade area.
2. Each Party shall adopt or maintain consumer protection law or other laws or regulations that proscribe misleading or deceptive commercial activities which cause harm or potential harm to consumers, including:
(a) misrepresentations or omissions of material fact, including implied factual misrepresentations;
(b) misleading representations or deceptive marketing practices in promoting the supply or use of a product or service; and
(c) misleading representations regarding the price of a product or service.
3. The laws or regulations a Party adopts or maintains to proscribe these activities can be civil, criminal or administrative in nature.
4. The Parties recognise that misleading or deceptive commercial activities increasingly transcend national borders and that cooperation and coordination between the Parties is desirable to effectively address these activities.
5. The Parties shall promote, as appropriate, cooperation and coordination on matters of mutual interest related to misleading or deceptive commercial activities, including in the enforcement of their consumer protection laws.
6. The Parties shall endeavour to cooperate and coordinate on the matters set out in this Article through the relevant authorities in a manner compatible with their laws and regulations, important and mutual interests, and within their reasonably available resources.
Article 15.8. Transparency
1. The Parties recognise the value of making their competition enforcement policies and public advocacy activities transparent.
2. Each Party shall ensure that its competition laws and enforcement guidelines are made publicly available, including on an official website. This excludes internal operating procedures unless disclosure is required under its laws and regulations.
3. On request of a Party, the requested Party shall make available to the requesting Party public information concerning:
(a) its competition law enforcement policies and practices; and
(b) exemptions and exclusions to its competition laws, provided that the request specifies the particular good or service and market of concern and includes information explaining how the exemption or exclusion may hinder or restrict trade or investment between the Parties.
4. Each Party shall ensure that a final decision finding a violation of its competition laws is made available in writing and sets out, in non-criminal matters, findings of fact and the reasoning, including legal and, if applicable, economic analysis, on which the decision is based.
5. Each Party shall further ensure that a final decision referred to in paragraph 4 and any order implementing that decision are published, or if publication is not practicable, are otherwise made publicly available in a manner that enables interested persons and the other Party to become acquainted with them. Each Party shall ensure that the version of the decision or order that is published or made publicly available is redacted to the extent necessary in order to be consistent with each Party's:
(a) laws and regulations regarding confidentiality and privilege; and
(b) need to safeguard information on the grounds of public policy or public interest. 6. The competition authority shall not disclose information that is protected in accordance with its laws and regulations.
Article 15.9. Consultations
1. In order to foster understanding between the Parties, or to address specific matters that arise under this Chapter, on request of a Party, the requested Party shall enter into consultations with the requesting Party. In its request, the requesting Party shall indicate, if relevant, how the matter affects trade or investment between itself and the requested Party. The Party addressed shall accord full and sympathetic consideration to the concerns of the requesting Party.
2. To facilitate the discussion regarding the matter of consultations, a Party shall endeavour to provide relevant non-confidential or non-privileged information to the requesting Party referred to in paragraph 1.
Article 15.10. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 23 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 16. STATE-OWNED ENTERPRISES
Article 16.1. Review
1. Within five years after the entry into force of this Agreement, the Parties shall initiate negotiations with a view to include commitments under this Chapter with respect to the commercial activities of the Parties’:
(a) enterprises that are state-owned; and
(b) designated monopolies.
2. For the purpose of paragraph 1, the Parties shall have due consideration of provisions regarding state-owned enterprises included in agreements to which Singapore and one or more Parties to the Pacific Alliance are party.
Chapter 17. TRADE AND GENDER
Article 17.1. General Provisions
1. The Parties acknowledge the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that gender-responsive policies can play in achieving sustainable socioeconomic development. Inclusive economic growth aims to distribute benefits among the entire population by providing equitable opportunities for the participation of women and men in business, industry and the labour market.
2. The Parties acknowledge that international trade and investment are engines of economic growth, and that improving women's access to opportunities and removing barriers enhance their participation in national and international economies and substantially contribute to sustainable economic development.
Article 17.2. Cooperation Activities
1. The Parties acknowledge the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage women’s participation in national and international economies.
2. Accordingly, the Parties also recognise the importance of cooperation activities aimed at improving the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement.
Article 17.3. Administration of this Chapter
Matters relating to administration of this Chapter shall be considered by the Parties through the Other Issues Committee established under Article 22.5(c) (Establishment of Cross-Cutting Committees).
Article 17.4. Non-application of Dispute Resolution
No Party shall have recourse to dispute settlement under Chapter 23 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 18. ECONOMIC AND TRADE COOPERATION
Article 18.1. General Provisions
1. The Parties acknowledge the importance of economic and trade cooperation activities, and shall undertake and strengthen these activities to assist in implementing this Agreement and enhancing its benefits, which are intended to accelerate economic growth and development, and strengthen economic and commercial integration.
2. The Parties recognise that economic and trade cooperation activities shall be undertaken between the Parties, on a mutually agreed basis.
3. The Parties shall seek to build on existing agreements or arrangements, where appropriate. 4. The Parties also recognise that the involvement of the private sector and academia are important in these activities, and that SMEs may require assistance in participating in global markets.
Article 18.2. Areas of Economic and Trade Cooperation
1. The Parties may undertake and strengthen economic and trade cooperation activities between them to assist in:
(a) implementing the provisions of this Agreement;
(b) capacity building to take advantage of the economic and trade opportunities created by this Agreement;
(c) promoting and facilitating trade and investment; and
(d) encouraging regional value chains in order to drive competitiveness and innovation.
2. Areas of economic and trade cooperation may include:
(a) industrial and services sectors, including tourism;
(b) innovation, science and technology, including information and communications technology; and
(c) trade infrastructure, transport and urban mobility infrastructure.
3. Economic and trade cooperation activities may include:
(a) dialogues, workshops, seminars and conferences;
(b) collaborative programmes and projects;
(c) technical cooperation;
(d) sharing of best practices on policies and procedures;
(e) the exchange of experts, information and technology;
(f) the exchange of trade and investment data and of information to promote business opportunities; and
(g) the organisation of missions, business events and trade fairs.
Article 18.3. Administration of this Chapter
1. Matters relating to administration of this Chapter shall be considered by the Parties through the Other Issues Committee established under Article 22.5(c) (Establishment of Cross-Cutting Committees).
2. The Other Issues Committee shall have the following additional functions under this Chapter:
(a) supervision of economic and trade cooperation between the Parties under this Chapter;
(b) facilitation of the exchange of information in the relevant areas of economic and trade cooperation;
(c) identification of mechanisms and opportunities for further economic and trade cooperation between the Parties;
(d) considering the existing cooperative mechanisms between the Parties; and
(e) sharing information and coordinate with such mechanisms to ensure effective and efficient implementation of cooperative activities and projects.
Article 18.4. Resources
The Parties shall work to provide the appropriate resources for economic and trade cooperation activities conducted under this Chapter, taking into account the availability of resources and the comparative capabilities that different Parties possess to achieve the goals of this Chapter.
Article 18.5. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 23 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 19. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 19.1. General Provisions
1. The Parties acknowledge the importance of promoting an environment that facilitates and supports the development, growth and competitiveness of SMEs, recognising their participation in domestic markets as well as in international trade, and their contribution in achieving inclusive economic growth, sustainable development and enhanced productivity.
2. The Parties, recognising the important role of SMEs in their respective economies, shall cooperate in reducing barriers to, and promoting SMEs' integration into international trade to support the growth of the Parties' respective economies and job creation.
3. The Parties also acknowledge that improving SMEs' competitiveness may further enhance their ability to benefit from trade and investment opportunities that arise under this Agreement, and that such competitiveness may benefit from:
(a) a regulatory environment which does not impose undue burdens on SMEs and is conducive to entrepreneurship, innovation and growth;
(b) education and human resource management policies that foster an innovative and entrepreneurial culture, encourage mobility of human resources, and reduce skill disparities by improving the match between education and labour market demand;
(c) effective access to financial services, particularly to seed, working and development capital, including innovative financial instruments to reduce the risks and transaction costs of lending to SMEs;
(d) an environment that supports the development and diffusion of new technologies for and by SMEs to take advantage of the knowledge-based economy; and
(e) ensuring the cost-effectiveness of policies concerning SMEs and their consistency with other national policies, as well as with existing international programmes.
4. The Parties also recognise the importance of innovation for SMEs' competitiveness, the central role played by SMEs in national innovation systems, and the importance of enhanced access to information, financing and networking in facilitating the innovation process.
5. The Parties recognise the importance of current initiatives, efforts and work on SMEs developed under the aegis of the OECD, WTO, APEC and any other relevant fora, and the importance of taking into account their findings and recommendations, as appropriate.