3. No Party shall have recourse to dispute settlement under Chapter 19 (Dispute Settlement) for any matter arising under this Chapter. As part of any general review of this Agreement undertaken in accordance with Article 20.8 (General Review), the Parties shall review the application of Chapter 19 (Dispute Settlement) to this Chapter. Following the completion of the review, Chapter 19 (Dispute Settlement) shall apply to this Chapter between those Parties that have agreed to its application.
Chapter 13. Competition
Article 13.1. Objectives
The objectives of this Chapter are to promote competition in markets, and enhance economic efficiency and consumer welfare, through the adoption and maintenance of laws and regulations to proscribe anti- competitive activities, and through regional cooperation on the development and implementation of competition laws and regulations among the Parties. The pursuit of these objectives will help the Parties to secure the benefits of this Agreement, including facilitating trade and investment among the Parties.
Article 13.2. Basic Principles
1. Each Party shall implement this Chapter in a manner consistent with the objectives of this Chapter.
2. Acknowledging each Party's rights and obligations under this Chapter, the Parties recognise:
(a) the sovereign rights of each Party to develop, set, administer, and enforce its competition laws, regulations, and policies; and
(b) the significant differences that exist among the Parties in capacity and level of development in the area of competition law and policy.
Article 13.3. Appropriate Measures Against Anti-competitive Activities (1)
1. Each Party shall adopt or maintain competition laws and regulations to proscribe anti-competitive activities, (2) and shall enforce those laws and regulations accordingly.
2. Each Party shall establish or maintain an authority or authorities to effectively implement its competition laws and regulations.
3. Each Party shall ensure independence in decision making by its authority or authorities in relation to the enforcement of its competition laws and regulations.
4. Each Party shall apply and enforce its competition laws and regulations in a manner that does not discriminate on the basis of nationality.
5. Each Party shall apply its competition laws and regulations to all entities engaged in commercial activities, regardless of their ownership. Any exclusion or exemption from the application of each Party's competition laws and regulations, shall be transparent and based on grounds of public policy or public interest.
6. Each Party shall make publicly available its competition laws and regulations, and any guidelines issued in relation to the administration of such laws and regulations, except for internal operating procedures.
7. Each Party shall make public the grounds for any final decision or order to impose a sanction or remedy under its competition laws and regulations, and any appeal therefrom, subject to:
(a) (i) its laws and regulations;
(ii) its need to safeguard confidential information; or
(iii) its need to safeguard information on grounds of public policy or public interest; and
(b) redactions from the final decision or order on any of the grounds referred to in subparagraphs (a)(i) through (iii).
8. Each Party shall ensure that before a sanction or remedy is imposed on any person or entity for breaching its competition laws or regulations, such person or entity is given the reasons, which should be in writing where possible, for the allegations that the Party's competition laws or regulations have been breached, and a fair opportunity to be heard and to present evidence.
9. Each Party shall, subject to any redactions necessary to safeguard confidential information, make the grounds for any final decision or order to impose a sanction or remedy under its competition laws and regulations, and any appeal therefrom, available to the person or entity subject to that sanction or remedy. (3)
10. Each Party shall ensure that any person or entity subject to the imposition of a sanction or remedy under its competition laws and regulations has access to an independent review of or appeal against that sanction or remedy.
11. Each Party recognises the importance of timeliness in the handling of competition cases.
Article 13.4. Cooperation (4)
The Parties recognise the importance of cooperation between or among their respective competition authorities to promote effective competition law enforcement. To this end, the Parties may cooperate on issues relating to competition law enforcement, through their respective competition authorities, in a manner compatible with their respective laws, regulations, and important interests, and within their respective available resources. The form of such cooperation may include:
(a) notification by a Party to another Party of its competition law enforcement activities that it considers may substantially affect the important interests of the other Party, as promptly as reasonably possible; (5)
(b) upon request, discussion between or among Parties to address any matter relating to competition law enforcement that substantially affects the important interest of the requesting Party;
(c) upon request, exchange of information between or among Parties to foster understanding or to facilitate effective competition law enforcement; and
(d) upon request, coordination in enforcement actions between or among Parties in relation to the same or related anti-competitive activities.
Article 13.5. Confidentiality of Information
1. This Chapter shall not require the sharing of information by a Party, which is contrary to that Party's laws, regulations, and important interests.
2. Where a Party requests confidential information under this Chapter, the requesting Party shall notify the requested Party of:
(a) the purpose of the request;
(b) the intended use of the requested information; and
(c) any laws or regulations of the requesting Party that may affect the confidentiality of information or require the use of the information for purposes not agreed upon by the requested Party.
3. The sharing of confidential information between any of the Parties and the use of such information shall be based on terms and conditions agreed by the Parties concerned.
4. If information shared under this Chapter is shared on a confidential basis, then, except to comply with its laws and regulations, the Party receiving the information shall:
(a) maintain the confidentiality of the information received;
(b) use the information received only for the purpose disclosed at the time of the request, unless otherwise authorised by the Party providing the information;
(c) not use the information received as evidence in criminal proceedings carried out by a court or a judge unless, on request of the Party receiving the information, such information was provided for such use in criminal proceedings through diplomatic channels or other channels established in accordance with the laws and regulations of the Parties concerned;
(d) not disclose the information received to any other authority, entity, or person not authorised by the Party providing the information; and
(e) comply with any other conditions required by the Party providing the information.
Article 13.6. Technical Cooperation and Capacity Building
The Parties agree that it is in their common interest to work together, multilaterally or bilaterally, on technical cooperation activities to build necessary capacities to strengthen competition policy development and competition law enforcement, taking into account the availability of resources of the Parties. Technical cooperation activities may include:
a) (a) sharing of relevant experiences and non-confidential information on the development and implementation of competition law and policy;
b) (b) the exchange of consultants and experts on competition law and policy;
c) (c) the exchange of officials of competition authorities for training purposes;
d) (d) participation of officials of competition authorities in advocacy programmes; and
e) (e) other activities as agreed by the Parties.
Article 13.7. Consumer Protection
1. The Parties recognise the importance of consumer protection law and the enforcement of such law as well as cooperation among the Parties on matters related to consumer protection in order to achieve the objectives of this Chapter.
2. Each Party shall adopt or maintain laws or regulations to proscribe the use in trade of misleading practices, or false or misleading descriptions.
3. Each Party also recognises the importance of improving awareness of, and access to, consumer redress mechanisms.
4. The Parties may cooperate on matters of mutual interest related to consumer protection. Such cooperation shall be carried out in a manner compatible with the Partiesâ respective laws and regulations and within their available resources.
Article 13.8. Consultations
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 its important interests, including trade or investment between the Parties concerned. The requested Party shall accord full and sympathetic consideration to the concerns of the requesting Party.
Article 13.9. Non-application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 19 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 14. Small and Medium Enterprises
Article 14.1. Objectives
1. The Parties recognise that small and medium enterprises, including micro enterprises, contribute significantly to economic growth, employment, and innovation, and therefore seek to promote information sharing and cooperation in increasing the ability of small and medium enterprises to utilise and benefit from the opportunities created by this Agreement.
2. The Parties acknowledge the provisions of various Chapters in this Agreement that contribute to encouraging and facilitating the participation of small and medium enterprises in this Agreement.
Article 14.2. Information Sharing
1. Each Party shall promote the sharing of information related to this Agreement that is relevant to small and medium enterprises, including through the establishment and maintenance of a publicly accessible information platform, and information exchange to share knowledge, experiences, and best practices among the Parties.
2. The information to be made publicly accessible in accordance with paragraph 1 will include:
(a) the full text of this Agreement;
(b) information on trade and investment-related laws and regulations that the Party considers relevant to small and medium enterprises; and
(c) additional business-related information that the Party considers useful for small and medium enterprises interested in benefitting from the opportunities provided by this Agreement.
3. Each Party shall take reasonable steps to ensure that information referred to in paragraph 2 is accurate and up-to-date.
Article 14.3. Cooperation
The Parties shall strengthen their cooperation under this Chapter, which may include:
(a) encouraging efficient and effective implementation of facilitative and transparent trade rules and regulations;
(b) improving small and medium enterprises' access to markets and participation in global value chains, including by promoting and facilitating partnerships among businesses;
(c) promoting the use of electronic commerce by small and medium enterprises;
(d) exploring opportunities for exchanges of experiences among Partiesâ entrepreneurial programmes;
(e) encouraging innovation and use of technology;
(f) promoting awareness, understanding, and effective use of the intellectual property system among small and medium enterprises;
(g) promoting good regulatory practices and building capacity in formulating regulations, policies, and programmes that contribute to small and medium enterprise development; and
(h) sharing best practices on enhancing the capability and competitiveness of small and medium enterprises.
Article 14.4. Contact Points
Each Party shall, within 30 days of the date of entry into force of this Agreement for that Party, designate one or more contact points to facilitate cooperation and information sharing under this Chapter and notify the other Parties of the contact details of that contact point or those contact points. Each Party shall notify the other Parties of any change to those contact details.
Article 14.5. Non-application of Dispute Settlement
Dispute settlement mechanisms in this Agreement shall not apply to any matter arising under this Chapter.
Chapter 15. Economic and Technical Cooperation
Article 15.1. Definition
For the purposes of this Chapter, work programme means the list of economic and technical cooperation activities mutually determined by the Parties in accordance with Article 15.5 (Work Programme).
Article 15.2. Objectives
1. The Parties reaffirm the importance of ongoing economic and technical cooperation initiatives between Parties and agree to complement their existing economic partnership in areas where the Parties have mutual benefits and interests.
2. The Parties shall seek to prioritise economic and technical cooperation initiatives and, where possible, minimise duplication of ongoing efforts and utilisation of resources, particularly under the free trade agreements between the Member States of ASEAN and their free trade partners.
3. The Parties agree that the economic and technical cooperation in the RCEP context aims at narrowing development gaps among the Parties and maximising mutual benefits from the implementation and utilisation of this Agreement. The economic and technical cooperation shall take into account the different levels of development and national capacity of each Party.
4. The Parties acknowledge the provisions to encourage and facilitate economic and technical cooperation included in various Chapters of this Agreement.
Article 15.3. Scope
1. Economic and technical cooperation under this Chapter shall support the inclusive, effective and efficient implementation and utilisation of this Agreement through economic and technical cooperation activities which are trade or investment related as specified in the work programme.
2. The Parties shall explore and undertake economic and technical cooperation activities, including capacity building and technical assistance that focus on the following:
(a) trade in goods;
(b) trade in services;
(c) investment;
(d) intellectual property;
(e) electronic commerce;
(f competition;
(g) small and medium enterprises; and
(h) other matters, as agreed upon among the Parties.
Article 15.4. Resources
1. Resources for economic and technical cooperation under this Chapter shall be provided voluntarily and in a manner that is agreed upon among the relevant Parties, taking into account the objectives set out in Article 15.2 (Objectives).
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contribution from:
(a) non-Parties; or
(b) sub-regional, regional, or international organisations or institutions,
that are interested in developing mutually beneficial cooperation and partnerships, to support the implementation of the work programme.
Article 15.5. Work Programme
1. In accordance with paragraph 4 of Article 15.2 (Objectives), the Parties shall develop the work programme taking into consideration the economic and technical cooperation provisions in this Agreement and the needs identified by committees established pursuant to Chapter 18 (Institutional Provisions).
2. To encourage effective implementation and utilisation of this Agreement, in the work programme the Parties will give priority to activities that:
(a) provide capacity building and technical assistance to developing country Parties and Least Developed Country Parties;
(b) increase public awareness;
(c) enhance access to information for businesses; and
(d) other activities as may be agreed upon among the Parties.
3. The Parties may, when necessary and as may be agreed, modify the work programme.
Article 15.6. Least Developed Country Parties Which Are Member States of ASEAN
The Parties shall take into consideration specific constraints faced by Least Developed Country Parties which are Member States of ASEAN. Appropriate capacity building and technical assistance, as agreed upon by the Party or Parties contributing such assistance and the Party or Parties seeking such assistance, shall be provided to help these Parties implement their obligations and take advantage of the benefits of this Agreement.
Article 15.7. Non-application of Dispute Settlement
Dispute settlement mechanisms in this Agreement shall not apply to any matter arising under this Chapter.
Chapter 16. Government Procurement
Article 16.1. Objectives
The Parties recognise the importance of promoting the transparency of laws, regulations, and procedures, and developing cooperation among the Parties, regarding government procurement.
Article 16.2. Scope
1. This Chapter shall apply to the laws, regulations, and procedures of a Party regarding government procurement implemented by its central government entities, as defined or notified by that Party for the purposes of this Chapter.
2. Nothing in this Chapter shall require a Least Developed Country Party to undertake any obligation regarding transparency and cooperation. A Least Developed Country Party may benefit from cooperation among the Parties.
Article 16.3. Principles
The parties recognise the role of government procurement in furthering the economic integration of the region so as to promote growth and employment. where government procurement is expressly open to international competition, each party, to the extent possible and as appropriate, shall conduct its government procurement in accordance with generally accepted government procurement principles as applied by that party.
Article 16.4. Transparency
1. Each party shall:
(a) make publicly available its laws and regulations; and
(b) endeavour to make publicly available its procedures,
regarding government procurement, which may include information on where tender opportunities are published.
2. To the extent possible and as appropriate, each Party endeavours to make available and update the information referred to in paragraph 1 through electronic means.
3. Each Party may specify in Annex 16A (Paper or Electronic Means Utilised by Parties for the Publication of Transparency Information) the paper or electronic means utilised by that Party to publish the information referred to in paragraph 1.
4. Each Party endeavours to make the information referred to in paragraph 1 available in the English language.
Article 16.5. Cooperation
The Parties endeavour to cooperate on matters relating to government procurement with a view to achieving a better understanding of each Party's respective government procurement systems. Such cooperation may include:
(a) exchanging information, to the extent possible, on Parties' laws, regulations, and procedures, and any modifications thereof;
(b) providing training, technical assistance, or capacity building to Parties, and sharing information on these initiatives;
(c) sharing information, where possible, on best practices, including those in relation to small and medium enterprises, including micro enterprises; and
(d) sharing information, where possible, on electronic procurement systems.