Each Party shall encourage enterprises operating within its territory or jurisdiction to voluntarily incorporate, in their internal policies, sound principles of corporate social responsibility that are related to the care and protection of the environment, which are consistent with internationally recognized guidelines and directives that have been adopted by that Party.
Article 13.7. Forestry Matters
1. The Parties recognize the importance of conservation and management, including sustainable forest management.
2. To this end, in accordance with their international obligations, and respecting the applicable domestic legislation, the Parties undertake to:
(a) Promote the trade of legally harvested forest products;
(b) Exchange information and, as appropriate, cooperate on initiatives to promote sustainable forest management, including initiatives to combat illegal logging; and
(c) Cooperate, where appropriate, in international fora dealing with the conservation and sustainable management of forests, in accordance with the Sustainable Development Goals.
Article 13.8. Fishery Matters
1. The Parties recognize the importance of conservation and sustainable management of fisheries and their contribution to the creation of environmental, economic and social opportunities for present and future generations.
2. The Parties recognize the importance of the fisheries sector for their development and for the livelihood of their fishing communities, including artisanal fisheries.
3. To this end, in accordance with their international obligations, and respecting the applicable domestic legislation, the Parties undertake to:
(a) Promote fisheries management systems that reduce bycatch and promote the recovery of overfished stocks for fisheries;
(b) Implement effective and transparent measures to combat illegal, unreported and unregulated (IUU) fishing, and cooperate to this end, including by facilitating the exchange of information; and
(c) Cooperate on issues of mutual interest in the fulfillment of the 2030 Agenda and its Sustainable Development Goals.
Article 13.9. Sustainable Agriculture
1. The Parties recognize the increasing impact that global changes, such as climate change, biodiversity loss, land degradation, droughts, and the emergence of new pests and diseases, have on the development of productive sectors such as agriculture, livestock and forestry.
2. In this context, the Parties recognize the importance of policies and programs that contribute to ensuring the sustainability, inclusiveness and resilience of agricultural and forestry systems.
3. Accordingly, the Parties may exchange information and experiences in the development and implementation of integrated policies aimed at incorporating the three pillars of sustainable agricultural development with a view to contributing to the fulfillment of the 2030 Agenda for Sustainable Development.
Article 13.10. Climate Change
1. The Parties recognize climate change as a global threat that requires collective action, as well as the importance of the implementation of their respective commitments under the 1992 United Nations Framework Convention on Climate Change, and its related legal instruments, including the 2016 Paris Agreement, among other instruments.
2. The Parties recognize that there are different economic and environmental policy instruments that enable the achievement of national climate change objectives and support the achievement of their international climate change commitments. The Parties may share information and experiences in the development and implementation of such instruments. In particular, there are important spaces for collaboration between the Parties on climate change adaptation, based on the experiences that each has developed at the subnational level.
3. The Parties shall cooperate to address issues of common interest. Areas of cooperation may include, among others: energy efficiency; research and development of cost-effective low-emission technologies; development of alternative, clean and renewable energy sources; development of resilient agriculture; solutions to forest degradation; monitoring of emissions; control of the spread of greenhouse gas emissions; and the development and implementation of clean and renewable energy sources; control and dissemination of pests and diseases, preparedness and action in the face of extreme events related to climate change, such as forest fires and desertification.
Article 13.11. Institutional Provisions
1. In order to facilitate communication between the Parties for the purposes of this Chapter, each Party shall designate a Contact Point within one hundred eighty (180) days of the date of entry into force of this Agreement.
2. The Parties establish the Trade and Environment Committee, which shall be composed of high-level government representatives responsible for environmental and trade issues or their designees.
3. The Trade and Environment Committee shall have the following functions: (a) To discuss the implementation of this Chapter;
(b) Identify potential areas of cooperation, consistent with the objectives of this Chapter;
(c) Report to the Bilateral Administrative Commission regarding the implementation of this Chapter;
(c) Consider matters of mutual interest in trade and environmental matters; (d) Consider matters referred by the Parties under Article 13.13, and
(e) Carry out coordinated activities, when appropriate, with the Chile- Argentina Subcommission on the Environment (1) in order to strengthen joint work in the cooperation activities they develop, avoiding duplication of functions.
Article 13.12. Cooperation In Trade and Environmental Matters
1. The Parties recognize that strengthening cooperation is an important element in advancing the objectives of this Chapter and agree to cooperate and exchange trade- related information in international fora dealing with issues relevant to trade and environmental policies.
2. Cooperation may take place through various means, such as dialogues, workshops, seminars, conferences, collaborative programs and projects, technical assistance to promote training, the exchange of best practices in policies and procedures, and the exchange of experts.
3. Subjects of cooperation will include, among others: Sustainable Development Goals; access to information, participation and justice in environmental matters; chemicals management; environmental impact; environmental education; and other areas as agreed by the Parties.
4. Where possible and appropriate, the Parties shall seek to complement and use their existing cooperation mechanisms and take into consideration the relevant work of regional and international organizations.
5. Such cooperation shall take into account the environmental priorities and needs of each Party, as well as available resources. The financing of cooperative activities shall be decided on a case-by-case basis by the Parties.
Article 13.13. Trade and Environmental Consultations
1. The Parties shall make every effort through dialogue, consultation, exchange of information and cooperation to address any matter referred to in this Chapter.
2. A Party may request consultations by delivering a written and legally grounded request to the Contact Point of the other Party and shall provide necessary information, including identification of the matter at issue under this Chapter.
3. Unless the Parties agree otherwise, they shall enter into consultations within ninety (90) days from the date of receipt of the request referred to in paragraph 2.
4. The Parties shall make every effort to reach a mutually satisfactory resolution of the matter, which may include cooperative activities or, if agreed, advice from any person or body they deem appropriate.
5. If the Parties are unable to resolve the matter through consultations, either Party may request in writing that the Committee on Trade and Environment established in Article 13.11 be convened to consider the matter.
6. The Trade and Environment Committee shall be convened without delay and shall endeavor to resolve the matter. The Committee may agree to resort to procedures such as good offices, conciliation or mediation. In case the Parties deem it necessary, they may request the advice of independent experts appointed by mutual agreement. The expert's opinion shall not be binding.
7. If the Trade and Environment Committee is unable to resolve the matter, the Parties may refer the matter to the relevant Ministers, who will seek to resolve the matter.
8. Consultations under this Article shall be confidential and shall be held in the capital of the Party consulted, unless the Parties agree otherwise.
9. The Parties shall prepare a consensus report reflecting the outcome of the consultations held and shall implement the conclusions thereof, endeavoring to do so as soon as possible. Unless the Parties agree otherwise, they shall make the outcome publicly available.
Article 13.14. Exclusion from the Dispute Settlement Mechanism
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 14. ECONOMIC COMMERCIAL COOPERATION
Article 14.1. Objectives
1. The Parties agree to establish a framework of economic and trade cooperation activities as a means to expand and extend the benefits of this Agreement, both at the national and sub-national levels.
2. The Parties, recognizing the historical accumulation of bilateral technical cooperation, establish that this Chapter does not replace the existing technical cooperation mechanisms between them, but rather strengthens the global vision of the bilateral relationship, focusing on the particularities of this Agreement.
3. The Parties, in turn, recognize the important role of the business sector and academia in promoting and fostering mutual economic growth and development.
4. In consideration of the foregoing, the Parties shall establish close cooperation aimed, among other matters, at:
(a) Strengthen and expand existing bilateral economic and trade cooperation relations;
(b) Promote global and regional value chains, productivity, competitiveness and innovation, in order to promote trade and investment initiatives and strategies, especially in terms of diversification and increasing the value added of exports from both Parties;
(c) Deepen and increase the level of cooperative activities between the Parties in the areas covered by this Agreement, and
(d) Strengthen and promote research and development in the field of intellectual property, technology transfer, production and commercialization of innovative products through instances of exchange that will be materialized in annual periodic meetings, which will aim to increase mutual understanding of the intellectual property systems of each Party and the regulatory processes related to such systems; to consult on the development of the intellectual property systems of each Party and their implications for trade between the Parties; to serve as a means for consultations on issues, positions and agendas of the meetings of the World Intellectual Property Organization and the Council of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the WTO of 1994, among others; and to coordinate technical cooperation programs on intellectual property matters.
Article 14.2. Scope of Application
1. The Parties reaffirm the importance of all forms of cooperation mentioned in the scope of this Agreement.
2. The areas of economic-commercial cooperation and the initiatives agreed to be carried out within the framework of this Chapter shall be developed by the Parties in writing.
3. Cooperation between the Parties shall contribute to the fulfillment of the objectives of this Agreement, through the identification and development of innovative cooperation programs aimed at adding value to their economic and commercial relations.
4. Cooperative activities shall be agreed between the Parties and may include, among others, those listed in Article 14.4.
5. Cooperation between the Parties in this Chapter shall be complementary to the cooperation and cooperative activities contained in other Chapters of this Agreement.
Article 14.3. Areas of Cooperation
1. The areas of cooperation shall consider all those matters covered in this Agreement.
2. The Parties may carry out initiatives and strengthen areas of cooperation to assist in:
(a) The implementation of the provisions of this Agreement;
(b) The enhancement of each Party's ability to take advantage of the economic opportunities created by this Agreement, and
(c) The promotion and facilitation of trade and investment of the Parties.
Article 14.4. Cooperative Activities
In pursuit of the objectives set forth in Article 14.1, the Parties shall encourage and facilitate, as appropriate, the following trade and economic cooperation activities:
(a) The development of these within the framework of bilateral agreements or conventions;
(b) Facilitating the exchange of experts, information, documentation and experiences within the framework of this Agreement;
(c) The promotion of trade and economic cooperation in regional and multilateral forums;
(d) The orientation of the cooperation activities derived from this Agreement;
(e) The exchange of technical assistance, and
(f) The organization of dialogues, conferences, seminars and training programs related to the matters contained in this Agreement.
Article 14.5. Committee on Intellectual Property.
1. For purposes of complying with Article 14.1.4(d), the Parties establish a Committee on Intellectual Property composed of representatives of each Party.
2. The Parties shall, no later than three (3) months after the entry into force of this Agreement, indicate their representatives on the Committee and establish the Committee's terms of reference.
3. The Committee on Intellectual Property shall meet at least once a year, unless otherwise provided by the Parties, and shall report its progress to the Bilateral Administrative Commission.
4. The Committee on Intellectual Property shall perform its work in accordance with the terms of reference referred to in paragraph 2. The Committee may revise the terms of reference and develop procedures to guide its operation.
5. The Committee may agree to establish ad-hoc working groups in accordance with its terms of reference.
Article 14.6. Remedies
The Parties shall provide, within the limits of their own capabilities and through their own means, adequate resources subject to the availability thereof, for the fulfillment of the objectives of this Chapter.
Article 14.7. Exclusion from the Dispute Settlement Mechanism
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 15. GENDER AND COMMERCE
Article 15.1. General Provisions
1. The Parties recognize the importance of gender mainstreaming in promoting inclusive economic growth and the key role that gender policies can play in achieving greater sustainable development. Inclusive economic growth seeks to distribute the benefits among the entire population, through the more equitable participation of men and women in business, industry and the world of work.
2. The Parties reaffirm their commitment to the United Nations 2030 Agenda for Sustainable Development, in particular Sustainable Development Goal 5, which seeks to achieve gender equality and the empowerment of all women and girls. The Parties recognize the importance of promoting gender equality policies and practices, enhancing the capacities and developing the potential of the Parties in this area, including the non- governmental sectors, to advance equal rights, treatment and opportunities between men and women and the elimination of all forms of discrimination against women, based on sex, ethnicity, race, color, national or social origin, sexual orientation, gender identity, age, creed, political or any other opinion, economic status or any other social, family or personal condition.
3. The Parties recognize international trade as an engine for development, and agree that improving women's access to opportunities within their territories to participate in the national and international economy contributes to sustainable economic development.
4. The Parties also recognize that increased female labor participation, decent work, economic autonomy and access to ownership of economic resources contribute to sustainable economic growth.
5. The Parties reaffirm their commitment to effectively implement in their legal system, policies and good practices related to gender equity and equality. Likewise, each Party, in order to improve its current legislation, reserves the right to establish, modify and monitor compliance with its laws, regulations and policies on gender issues, in accordance with its priorities.
6. Each Party shall internally promote public awareness of its laws, regulations, policies and practices relating to gender equity and equality.
Article 15.2. International Agreements
The Parties confirm their intention to continue their efforts to implement, from a rights-based perspective, their respective international commitments on gender equality and women's rights. In particular, the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Conventions of the International Labor Organization, number 100 on equal remuneration, number 111 on discrimination in employment and occupation, number 156 on workers with family responsibilities, among others.
Article 15.3. Cooperative Activities
1. The Parties recognize the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening programs and policies to promote women's participation in the national and international economy.
2. The Parties shall carry out cooperative activities designed to enhance the professional and occupational competencies and skills of women, including women workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement.
3. Cooperation shall be carried out in the areas agreed upon by the Parties. To identify potential areas of cooperation and develop activities of mutual interest, each Party may consult with its governmental institutions, business, trade union, educational and research organizations and other representatives of civil society, as appropriate.
4. Areas of cooperation may include, but are not limited to:
(a) Programs or practices aimed at promoting the development of women's skills and competencies in the labor, business, social and financial spheres;
(b) Access to women's participation and leadership in technology, science and innovation, including education in science, technology, engineering, mathematics and business;
(c) Women's financial education and inclusion, as well as access to credit and financial assistance;
(d) Women's leadership and development of women's networks, with special attention to the promotion of networks of women entrepreneurs, trainers and replicators of their role as such;
(e) Good labor practices to promote gender equality in companies and in the world of work;
(f) Equal participation of women in decision-making positions in the public and private sectors;
(g) Women entrepreneurship and its formalization according to the respective national regulations;
(h) Good occupational health and safety practices;
(i) Care policies and programs with a gender perspective and social co-responsibility and reconciliation of work and parental co-responsibility;
(ii) Indicators, methods and statistical procedures with a gender perspective;
(k) Expansion of coverage in Social Security policies; and
(l) Programs aimed at generating employment and social inclusion for highly vulnerable women.
5. The Parties may carry out cooperation activities in the areas indicated in the previous paragraph, through:
(a) Workshops, seminars, dialogues, forums and others, to exchange knowledge, experiences and best practices;
(b) Internships, visits and research studies to document and study policies and practices;
(c) Collaborative research and development related to best practices in areas of mutual interest;
(d) Specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) Other activities that may be agreed upon by the Parties.
6. The establishment of priorities for cooperative activities shall be decided jointly by the Parties based on their interests and available resources.
Article 15.4. Gender and Trade Committee
1. The Parties shall establish a Gender and Trade Committee composed of representatives of the relevant government institutions responsible for gender and trade of each Party.
(a) In the case of Argentina, the Ministry of Foreign Affairs and Worship, through the Secretariat of International Economic Relations or its successor, and
(b) In the case of Chile, the Ministry of Foreign Affairs, through the General Directorate of International Economic Relations or its successor.
2. The Gender and Trade Committee shall:
(a) Facilitate the exchange of information on the experiences of the Parties with respect to the formulation and implementation of national policies aimed at gender mainstreaming in order to obtain the greatest possible benefits from this Agreement;
(b) Determine, organize and facilitate cooperative activities referred to in Article 15.3;
(c) Facilitate the exchange of information on the experiences of each Party with respect to the establishment and implementation of policies and programs designed to achieve gender equity and equality;
(d) Facilitate the exchange of information on experiences and lessons learned by the Parties through cooperative activities carried out pursuant to Article 15.3;
(e) Discuss any proposals for future joint activities in support of development policies related to women's economic empowerment and full participation in trade;
(f) Invite international donors, private sector entities, non-governmental organizations or other relevant institutions, as appropriate, to assist in the development and implementation of cooperative activities;
(g) Consider issues related to the implementation and operability of this Chapter;
(h) At the request of either Party, consider and discuss any matter arising in connection with the interpretation and application of this Chapter, and
(i) To perform such other functions as the Parties may agree.
3. The Gender and Trade Committee shall meet annually unless the Parties agree otherwise, in person or through any other available technological mechanism, to consider matters arising under this Chapter.
4. The members of the Gender and Trade Committee may exchange information and coordinate activities through the use of e-mail, videoconferencing or other means of communication.
5. In carrying out its functions, the Gender and Trade Committee may work with other committees, working groups and any other bodies established under this Agreement.
6. Each Party may consult with representatives of its public, private or non- governmental sectors on matters related to the implementation of this Chapter, by any means that Party considers appropriate.
7. The Parties may jointly decide to invite experts or relevant organizations to the meetings of the Gender and Trade Committee to provide information.
8. No later than three (3) years after the entry into force of the Agreement, the Parties shall review the implementation of this Chapter and report to the Bilateral Administrative Commission.
9. Each Party, as appropriate, may develop mechanisms to report on activities covered under this Chapter in accordance with its laws, regulations, policies and practices.
Article 15.5. Consultations
1. The Parties shall endeavor to resolve any issues that may arise regarding the interpretation and application of this Chapter through dialogue, consultation and cooperation.
2. This Chapter shall not be used to impose obligations or commitments with respect to other Chapters of this Agreement.
Article 15.6. Exclusion from Dispute Settlement Mechanism
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.