Article 12.3. Technical Council
The Parties shall establish a UAE-India Technical Council on Investment and Trade Promotion and Facilitation (the Council), which shall be composed of representatives of both Parties. The side of the UAE will be chaired by the Under Secretary of the Ministry of Finance, or the authorised representative thereof, and the side of India will be chaired by the Joint Secretary (or equivalent), Department for Promotion of Industry and Internal Trade, Government of India.
Article 12.4. Objectives of the Council
The objectives of the Council are to:
(a) promote and enhance investment and trade cooperation and facilitation between the Parties;
(b) monitor investment and trade relations, to identify opportunities for expanding investment and trade, and to identify issues relevant to investment and trade that may be appropriate for further discussion in the Council;
(c) hold consultations on specific investment and trade matters of interest to the Parties;
(d) work toward the promotion of investment and trade flows;
(e) identify and work toward the removal of impediments and facilitate investment and trade flows; and
(f) seek the views of the private sector, where appropriate, on matters related to the work of the Council.
Article 12.5. Role of the Council
The Council shall meet at such venue and time-period as the Parties agree. A Party may refer a specific investment and trade matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered, unless the requesting Party agrees to postpone the discussion of the matter. The Parties shall avail themselves of the opportunity to discuss and resolve the issue amicably in the Council keeping in mind the objective of promoting and facilitating trade and investment
Article 12.6. Non-Application of Dispute Settlement
The Parties agree that nothing in this Chapter shall be subject to any dispute settlement mechanism.
Chapter 13. MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)
Article 13.1. General Principles
1. The Parties, recognising the fundamental role of SMEs in maintaining the dynamism and enhancing the competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognise the integral role of the private sector in the SME cooperation to be implemented under this Chapter.
3. For the purposes of this Chapter, "SMEs" means small and medium-sized enterprises, including micro enterprises, and may be further defined, where applicable, according to the respective laws, regulations, or national policies of each Party.
Article 13.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities, and in particular shall:
(a) promote cooperation between the Parties' small business support infrastructure, including dedicated SME centres, incubators and accelerators, export assistance centres, and other centres, as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;
(b) strengthen collaboration with the other Party on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnerships among these SMEs and their participation in international trade;
(c) enhance cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, increasing SME participation in covered government procurement opportunities, and helping SMFs adapt to changing market conditions; and
(d) encourage participation in purpose-built mobile or -web-based platforms, for business entrepreneurs to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
Article 13.3. Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(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 endeavour to include in its website links 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, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration and corporate structuring procedures;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs;
(j) employment regulations;
(k) taxation regulations, accounting and reporting procedures, or enquiry points;
(l) government procurement opportunities; and
(m) 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 that the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information in this Article available in the English language.
Article 13.4. Committee on SME Issues
1. The Parties shall establish the Committee on SME Issues (SME Committee) comprising 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 anc enhancing SME export counselling, assistance, and training programs;
(f) recommend additional information that a Party may include on the website referred to in Article 13.3 (Information Sharing);
(g) review and coordinate its work program with the work of other committees and other subsidiary bodies established under this Agreement, 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 committees, 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 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 enabling them 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 (1) year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise.
4. The SME Committee may seek to collaborate with appropriate experts in carrying out its programs and activities.
Article 13.5. Non-Application of Dispute Settlement
Neither Party shail have reccurse to dispute settiement under Chapter 15 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 14. ECONOMIC COOPERATION
Article 14.1. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalise and facilitate trade and investment between the Parties and foster economic growth.
2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
Article 14.2. Scope
1. Economic cooperation under this Chapter shall support the effective and efficient implementation and utilisation of this Agreement through activities that relate to trade and investment.
2. Economic cooperation under this Chapter shall initially focus on the following areas:
(a) manufacturing industries;
(b) agriculture, forestry and fisheries;
(c) trade and investment promotion;
(d) human resource development;
(e) tourism;
(f) information and communications technology;
(g) the promotion of electronic commerce;
(h) trade in environmental goods and services;
(i) media; and
(j) energy.
The Parties may agree in the Annual Work Program on Economic Cooperation Activities to modify the above list, including by adding other areas for economic cooperation.
Article 14.3. Annual Work Program on Economic Cooperation Activities
1. The Joint Committee shall adopt an Annual Work Program on Economic Cooperation Activities (Annual Work Program) based on proposals submitted by the Parties.
2. Each activity in the Annual Work Program developed under this Chapter shall: (i) be guided by the objectives agreed in Article 14.1 (Objectives); (ii) be related to trade or investment and support the implementation of this Agreement; (iii) involve both Parties; (iv) address the mutual priorities of the Parties; and (v) avoid duplicating existing economic cooperation activities.
Article 14.4. Competition Policy
1. The Parties recognise the importance of general cooperation in the area of competition policy. The Parties may cooperate to exchange information relating to the development of competition policy, enforcement of competition law and capacity building in the area of competition policy, subject to their laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities.
2. The Parties may consult on matters related to regulation of mergers and anti- competitive practices, including abuse of dominant position and anti-competitive agreements having adverse effects on competition in their respective jurisdictions. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations.
3. The Parties may interact and cooperate in relation to competition assessment of global mergers and acquisitions to achieve efficient, uniform and non-contradictory results. The cooperation shall take into account the Parties' laws and regulations on the protection of confidential information.
Article 14.5. Environmental Cooperation
1. The Parties recognise the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in the furtherance of sustainable development.
2. The Parties recognise the sovereign right of each Party to establish its own levels of domestic environmental protection and its own environmental priorities, and to establish, adopt or modify its environmental laws and policies accordingly.
3. Each Party shall strive to ensure that its environmental laws and policies provide for, and encourage, high levels of environmental protection and to continue to improve its respective levels of environmental protection.
4. Each Party shall endeavour to effectively enforce its environmental laws.
5. The Parties recognise that each Party retains the right to exercise discretion and to make decisions regarding: (a) investigatory, prosecutorial, regulatory and compliance matters; and (b) the allocation of environmental enforcement resources with respect to other environmental laws determined to have higher priorities. Accordingly, the Parties understand that with respect to the enforcement of environmental laws a Party is in compliance with paragraph 4 if a course of action or inaction reflects a reasonable exercise of that discretion, or results from a bona fide decision regarding the allocation of those resources in accordance with priorities for enforcement of its environmental laws.
6. The Parties recognise that multilateral environmental agreements to which they are party play an important role, globally and domestically, in protecting the environment and that the respective implementation of these agreements is critical to achieving the environmental objectives of these agreements. Accordingly, each Party affirms its commitment to implement the multilateral environmental agreements to which it is a party.
7. Nothing in this Section shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.
Article 14.6. Air Services Cooperation
Recognizing the importance of air transport operations to their respective economies, the Parties agree to cooperate in this sector.
Article 14.7. Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, where it is of mutual benefit, may consider cooperation with, and contributions from, external parties to support the implementation of the Annual Work Program.
Article 14.8. Committee on Economic Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties shall establish a Committee on Economic Cooperation (CEC).
2. The CEC shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Annual Work Program proposals and their implementation mechanisms;
(d) coordinate, monitor and review progress of the Annual Work Program to assess its overall effectiveness and contribution to the implementation and operation to this Chapter;
(e) suggest amendments to the Annual Work Program to the Joint Committee through periodic evaluations;
(f) cooperate with other Committees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
Article 14.9. Non-Application of Chapter 15 (Dispute Settlement)
Neither Party shall have recourse to dispute settlement under Chapter 15 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 15. DISPUTE SETTLEMENT
Section A. OBJECTIVE AND SCOPE
Article 15.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and 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 15.2. Cooperation
The Parties shall endeavour 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 the operation of this Agreement.
Article 15.3. Scope of Application
This Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation and application of the provisions cf this Agreement (hereinafter referred to as "covered provisions"), unless otherwise provided in this Agreement.
Article 15.4. Contact Points
1. Each Party shall designate a contact point within thirty (30) days from the date of entry into force of this Agreement to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.
2 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.
Section B. CONSULTATIONS AND MEDIATION
Article 15.5. Request for Information
Before a request for consultations, good offices or mediation is made pursuant to Articles 15.6 (Consultations) or 15:7 (Good Offices or Mediation) 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 thirty (30) days after the date of receipt of the request.
Article 15.6. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 15.3 (Scope of Application) by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. 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 and legal basis specifying the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than ten (10) days after the date of receipt of the request. Consultations shall be held within thirty (30) days of the date of receipt of the request. The consultations shall be deemed to be concluded within thirty (30) days of the date of receipt of the request, unless the Parties agree otherwise.
4. Consultations on matters of urgency, including those regarding perishable goods, shall be held within fifteen (15) days of the date of receipt of the request. The consultations shail be deemed to be concluded within those fifteen (15) days, unless the Parties agree otherwise.
5. 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.
6. 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.
7. Consultations may be held in person or by any other means of communication, as the Parties may agree. Consultations, if held in person, shall take place in the territory of the Party to which the request is made, unless the Parties agree otherwise.
8. If the Party to which the request is made does not respond to the request for consultations within ten (10) days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 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 (Establishment of a Panel).
Article 15.7. Good Offices or Mediation
1. The Parties may at any time agree to enter into procedures for good offices or mediation. They may begin at any time and be terminated by either Party at any time.
2. Proceedings involving good offices 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.
3: If the Parties agree, procedures for good offices or mediation may continue during the panel procedures, as set out in Section C.