(a) exchange of people, information, documentation and experiences;
(b) cooperation in regional and multilateral fora;
(c) direct cooperative activities;
(d) contact with business communities, scientists and academia;
(e) technical assistance;
(f) dialogues, conferences, seminars and training programs with experts;
(g) development of joint research programs;
(h) facilitation of transfer of technology; and
(i) any other activities mutually agreed by the Parties.
Article 9.11. Research, Development and Innovation
Cooperation in research, development and innovation shall focus on cooperative activities in sectors where mutual and complementary interests exist. If appropriate, the Parties shall also promote partnerships in the support of the development of innovative products and services and activities to promote linkage, innovation and technology exchange.
Article 9.12. Committee on Cooperation
1. For the purposes of this Agreement, the Parties hereby establish a Committee on Cooperation (Committee), which shall comprise representatives of each Party.
2. The Committee shall be coordinated and co-chaired by:
(a) for Indonesia, the Deputy of International Economic Cooperation of the Coordinating Ministry for Economic Affairs, or its successor: and
(b) for Chile, the General Directorate for International Economic Affairs (DIRECON) of the Ministry of Foreign Affairs, or its successor.
3. The Committee shall meet at least once a year, unless the Parties agree otherwise. During the first meeting, the Committee shall agree on its specific terms of reference. The Committee shall determine its functions in its terms of reference, which may include to:
(a) determine other fields of cooperation and the cooperative activities;
(b) oversee the implementation of the strategic collaboration agreed by the Parties;
(c) encourage the Parties to undertake cooperation activities under this Chapter;
(d) maintain updated information regarding any cooperation agreement, arrangement or instrument between the Parties;
(e) review and monitor the implementation and operation of this Chapter;
(f) exchange information on the field of cooperation; and
(g) report to the Commission the results of its meetings.
4. The Committee may agree to establish ad hoc working groups in accordance with its terms of reference.
5. The Committee may interact, where appropriate, with the relevant entities to address specific matters.
6. After each meeting, the Committee shall report its results to the Commission. Consequently, the Commission may formulate recommendations regarding cooperation activities under this Chapter in accordance with the strategic priorities of the Parties.
Article 9.13. Costs of Cooperation
1. The implementation of cooperation under this Chapter shall be subject to the availability of funds and the respective laws and regulations of each Party.
2. Costs of cooperation under this Chapter shall be borne by the Parties within the limits of their own capacities and through their own channels, in an equitable manner to be mutually agreed upon between the Parties.
Article 9.14. Cooperation Contact Points
1. In order to facilitate communication for the purposes of this Chapter, each Party shall designate a contact point.
2. The Contact Point for each Party shall be:
(a) for Indonesia, the Deputy of International Economic Cooperation of the Coordinating Ministry for Economic Affairs, or its successor; and
(b) for Chile, the General Directorate for International Economic Affairs (DIRECON) of the Ministry of Foreign Affairs, or its successor.
3. A Party may make a request for cooperation activities related to this Agreement.
4. Each Party shall notify the other Party promptly of any change of contact point.
Article 9.15. Non-Application of Dispute Settlement
The dispute settlement procedure provided for in Chapter 12 (Dispute Settlement) shall not apply to this Chapter.
Chapter 10. TRANSPARENCY
Article 10.1. Definitions
For the purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and factual situations that fall generally within its ambit and that establishes a norm of conduct, but does not include:
(a) a determination or ruling made in an administrative or quasi- judicial proceeding that applies to a particular person or good of the other Party in a specific case; or
(b) aruling that adjudicates with respect to a particular act or practice.
Article 10.2. Contact Points
1. The contact point referred to in Annex 10-A_ shall facilitate communications between the Parties on any matter covered by this Agreement.
2. On request of a Party, the contact point of the other Party shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.
Article 10.3. Publication
1. Each Party shall ensure, that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published, wherever possible electronically, including on the internet if feasible, or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. Subject to its laws and regulations, each Party shall:
(a) publish in advance any such measure referred to in paragraph 1 that it proposes to adopt; and
(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
Article 10.4. Provision of Information
1. If a Party considers that any proposed or actual measure may materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement, it shall, to the extent possible and subject to its laws and regulations, inform the other Party of the proposed or actual measure.
2. On request of a Party, the other Party shall provide information and respond to questions pertaining to any proposed or actual measure referred to in paragraph 1 that the requesting Party considers may materially affect the operation of this Agreement, regardless whether or not the requesting Party has been previously informed of that measure.
3. A Party may convey any request or provide information under this Article to the other Party through their contact points.
4. Any information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.
Article 10.5. Administrative Proceedings
With a view to administering its measures referred to in Article 10.3, ina consistent, impartial and reasonable manner, each Party shall ensure that in its administrative proceedings in which these measures are applied to particular persons or goods of the other Party in specific cases that it:
(a) provides, wherever possible, reasonable notice, in accordance with its domestic procedures, to persons of the other Party that are directly affected by a proceeding, 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) affords such persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when the nature of the proceeding, the public interest and time permit; and
(c) follows its procedures in accordance with its laws and regulations.
Article 10.6. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, correction of final administrative actions regarding matters covered by this Agreement. 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 proceeding 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, if required by its laws and regulations, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its laws and regulations, that such decisions shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action that is the subject of the decision.
Annex 10-A. CONTACT POINTS
For the purposes of Article 10.2.1, the contact points shall be:
(a) for Indonesia, the Directorate of Export and Import Facilitation, Directorate General of Foreign Trade, Ministry of Trade, or its successor; and
(b) for Chile, the Asia and Oceania Department of the General Directorate of International Economic Affairs (DIRECON), Ministry of Foreign Affairs, or its successor.
Chapter 11. ADMINISTRATION
Article 11.1. IC-CEPA Joint Commission
1. The Parties hereby establish the IC-CEPA Joint Commission (Commission).
2. The Commission shall comprise relevant government officials of each Party and be co-chaired by:
(a) for Indonesia, the Director-General of International Trade Negotiations of the Ministry of Trade of Indonesia or its designee; and
(b) for Chile, the Director-General of International Economic Affairs of the Ministry of Foreign Affairs of Chile or its designee, or their respective successors.
3. The Commission shall:
(a) consider any matter relating to the implementation or operation of this Agreement;
(b) review, consider and, as appropriate, decide on specific matters related to the operation or implementation of this Agreement, including matters reported by committees established under this Agreement;
(c) review this Agreement, in accordance with Article 14.5 (General Review of the Agreement);
(d) supervise and coordinate the work of committees established under this Agreement; and
(e) take such other actions as the Parties may agree.
4. The Commission may (6):
(a) establish any committee or sub-committee, as the Commission deems appropriate for the implementation or operation of this Agreement;
(b) refer matters and delegate responsibilities to any committee or sub-committee;
(c) consider and adopt any matter relating to:
(i) the Schedules attached to Annex 3-A (Elimination of Customs Duties); and
(ii) the rules of origin established in Annex 4-A (Product Specific Rules);
(d) add or remove, on request of a Party, geographical indications listed under Annex 3.10-A (Chile's Geographical Indications and Appellations of Origin) and Annex 3.10-B (Indonesia's Geographical Indications and Appellations of Origin);
(e) as appropriate, issue interpretations of the provisions of this Agreement, which shall be agreed in writing; and
(f) seek the advice of any person or group as the Commission deems appropriate on matters covered by this Agreement.
Article 11.2. Procedures of the Commission
1. The Commission shall convene at least once a year in regular session. The Commission shall meet alternately in the territory of each Party, unless the Parties agree otherwise.
2. The Commission shall also meet in special session within 30 days of the request of a Party, with such sessions to be held in the territory of the other Party or at such location as may be agreed by the Parties.
3. All decisions of the Commission shall be taken by mutual agreement.
4. The Commission shall establish its rules and procedures.
Chapter 12. DISPUTE SETTLEMENT
Article 12.1. Scope
Except as otherwise provided in this Agreement, this Chapter shall apply with respect to the avoidance or settlement of disputes between the Parties concerning the implementation, interpretation or application of this Agreement, which includes wherever a Party considers that:
(a) a measure of the other Party is inconsistent with its obligations under this Agreement; or
(b) the other Party has otherwise failed to carry out its obligations under this Agreement.
Article 12.2. Definitions
For the purposes of this Chapter, the following definitions shall apply, unless the context provides otherwise:
Complaining Party means a Party that requests the establishment of an arbitral panel under Article 12.7;
Consulting Party means a Party that requests consultations under Article 12.5;
perishable goods mean goods that rapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions; and
Responding Party means a Party that has been complained against under Article 12.7.
Article 12.3. General Provisions
1. A panel established under this Chapter shall interpret this Agreement in accordance with the customary rules of treaty interpretation of public international law. With respect to any provision of the WTO Agreement that has been incorporated into this Agreement, the panel shall also consider relevant interpretations in reports of WTO panels and the Appellate Body adopted by the WTO Dispute Settlement Body.
2. All notifications, requests and replies made pursuant to this Chapter shall be in writing.
3. The Parties are encouraged at every stage of a dispute to make every effort to reach a mutually agreed solution to the dispute.
4. Any timeframe provided for in this Chapter may be modified by agreement between the Parties.
Article 12.4. Choice of Forum
1. If a dispute regarding any matter arises under this Agreement and under another international trade agreement to which the Parties are party or the WTO Agreement, the Complaining Party may select the dispute settlement procedure in which to settle the dispute.
2. Once the Complaining Party has requested a panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of the others.
3. For the purposes of this Article, the Complaining Party shall be deemed to have selected a forum in which to settle the dispute when it has requested the establishment of an arbitral panel pursuant to Article 12.7 or requested the establishment of, or referred a matter to, a similar dispute settlement panel or arbitral tribunal under another international trade agreement.
Article 12.5. Consultations
1. The Consulting Party may request in writing consultations to the other Party with respect to any matter described in Article 12.1, including any matter relating to a measure that the other Party proposes to take (proposed measure). (7) The other Party shall accord due consideration to a request of consultation made by the Consulting Party and shall accord adequate opportunity for such consultations.
2. The Consulting Party shall deliver the request to the other Party, setting out the reasons for the request, including identification of the measure at issue and an indication of the legal basis for the complaint, and providing sufficient information to enable an examination of the matter.
3. The Parties shall make every effort to arrive at a mutually satisfactory resolution of the matter through consultations under this Article.
4. In consultations under this Article, a Party may request the other Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter subject to consultations.
5. The consultations under this Article shall be confidential and without prejudice to the rights of either Party in any further proceedings.
Article 12.6. Good Offices, Conciliation and Mediation
1. The Parties may at any time agree to voluntarily undertake an alternative method of dispute resolution, such as good offices, conciliation or mediation. Procedures for such alternative methods of dispute resolution may begin at any time and may be terminated at any time by either Party.
2. lf the Parties agree, such procedures referred to in paragraph 1 may continue while the matter is being examined by a panel established or reconvened under this Chapter.
3: Proceedings involving such procedures referred to in paragraph 1, and positions taken by the Parties during these proceedings, shall be confidential and without prejudice to the rights of either Party in any further or other proceedings.
Article 12.7. Establishment of Arbitral Panels
1. The Complaining Party that requested consultations under Article 12.5 may request in writing the establishment of an arbitral panel, if the Parties fail to resolve the matter within:
(a) 60 days after the date of receipt of the request for consultations under Article 12.5.1; or
(b) 30 days after the date of receipt of the request for consultations under Article 12.5.1 in cases of urgency, including those which concern perishable goods.
2. The establishment of an arbitral panel shall not be requested on any matter relating to a proposed measure.
3. Any request to establish an arbitral panel pursuant to this Article shall identify:
(a) the specific measure at issue;
(b) the legal basis of the complaint, including any provision of this Agreement alleged to have been breached and any other relevant provision; and
(c) the factual basis for the complaint.
4. The arbitral panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
5. The date of the establishment of an arbitral panel shall be the date on which the chair is appointed.
Article 12.8. Terms of Reference of Arbitral Panels
Unless the Parties agree otherwise within 20 days from the date of receipt of the request for the establishment of the arbitral panel, the terms of reference of the arbitral panel shall be:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitral panel pursuant to Article 12.7, to make findings of law and fact and determinations on whether the measure is not in conformity with the Agreement together with the reasons therefore, and to issue a written report for the resolution of the dispute. The arbitral panel may make recommendations for resolution of the dispute, subject to the agreement between the Parties."
Article 12.9. Composition of Arbitral Panels
1. An arbitral panel shall comprise three panellists. All appointments and nominations of panellists under this Article shall conform fully with the requirements in paragraphs 5 and 6.
2. Each Party shall, within 30 days after the date of receipt of the request for the establishment of an arbitral panel, appoint one panellist who may be its national and propose up to three candidates to serve as the third panellist who shall be the chair of the arbitral panel. The third panellist shall not be a national of either Party, nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity.
3. The Parties shall agree on and appoint the third panellist within 45 days after the date of receipt of the request for the establishment of an arbitral panel, taking into account the candidates proposed pursuant to paragraph 2.
4. If a Party has not appointed a panellist pursuant to paragraph 2 or if the Parties fail to agree on and appoint the third panellist pursuant to paragraph 3, the panellist or panellists not yet appointed shall be chosen within seven days by lot from the candidates proposed pursuant to paragraph 2.