?Pandemic? means a disease which the World Health Organization (WHO) declares as a pandemic, such as the COVID-19 on 11 March 2020.
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Facilitating the Essential Movement of People
7.
The Parties acknowledge the importance of facilitating the essential movement of people, including cross-border business travel,
while ensuring to safeguard public health in line with their efforts to combat a PHEIC and pandemic as well as minimize its socioeconomic impacts.
8.
The Parties also acknowledge the benefit of establishing guidelines to provide support and assistance to each other and to facilitate movement of people, including essential cross-border travel for the purpose of minimizing supply chain disruptions and ensuring business continuity,
in accordance with domestic laws and regulations, and without undermining the efforts to prevent the spread of the virus.
9.
The Parties shall endeavor to enhance cooperation to provide appropriate and adequate assistance to nationals of each other, especially the most vulnerable, who stay, work, and study in the other country, working towards the dignity, health and well-being, safety and fair and effective treatment of those affected by the pandemic.
Minimizing the Negative Impacts on Trade and Investment arising from PHEIC and Pandemics
to Facilitate an Inclusive and Sustainable Economic Recovery
10.
The Parties may develop and implement cooperation activities and programs on trade and investments and share best practices on measures to facilitate an inclusive and sustainable economic recovery and minimize the negative impacts of PHEIC and pandemics, as mutually agreed by the Parties.
11.
The Parties shall endeavor to implement joint initiatives with the private sector for the socioeconomic recovery of both Parties that include strengthening efforts to stabilize
the manufacturing and supply of essential goods and services, including its raw
materials, such as vital medical supplies and critical agricultural and food products, facilitate digital transformation,
and improve access to finance.
12.
The Parties shall endeavor to make relevant information publicly available and share best practices in a timely manner when adopting a measure with a foreseeable impact on international trade and investment.
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Annex
7-B
Cooperation on Vaccine
General Provisions
1.
The Parties,
recognizing
the impact that
a pandemic such as COVID-19 has caused around the world, agree to cooperate in the area of vaccines
to end the pandemic and address future global health threats.
2.
The Parties also commit to work together, along with international institutions
including
the
COVAX
facility,
to expand vaccine production and related supplies and manufacturing innovations to address current and future global health threats.
Cooperative Activities
3.
The Parties will promote the collaboration between the enterprises
of the Parties to accelerate the production and global supply of vaccines in times of global vaccine shortages by combining each of their strengths in the following areas:
(a)
manufacture of vaccines;
(b)
supply of raw materials for vaccine production;
(c)
research and development for the joint development
of vaccines;
(d)
capacity building
and knowledge and technology transfer related to the development of vaccines; and
(e)
other forms of cooperation,
as may be agreed by the Parties.
4.
The Parties will exchange information on domestic regulations, practices, and application process with regard to clinical trials and full approval of
vaccines.
5.
The Parties will endeavor to adopt expedited customs procedure for vaccine and raw material to produce vaccine while maintaining appropriate customs control.
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Annex
7-C
Cooperation on Climate Change
General Provisions
1.
The Parties recognize that climate change and its adverse effects are a common concern of humankind that require urgent and collective action.
2.
The Parties reaffirm that the United Nations Framework Convention on Climate Change
(hereinafter referred to as ?UNFCCC?) lays the firm foundation for international efforts to combat climate change, and acknowledge that the Kyoto Protocol
to the United Nations Framework Convention on Climate Change
and the Paris Agreement
have been instrumental in implementing the UNFCCC.
Cooperative Activities
3.
The Parties agree to develop and strengthen cooperation in enhancing capacities to adapt to and mitigate climate change in line with the implementation of their respective nationally determined contributions (NDCs).
4.
In coordination with competent authorities, the
Parties agree to promote public and private
adaptation and mitigation programs or projects to achieve their
NDC
targets
and to find means to use
the
internationally transferred mitigation outcomes (ITMOs)
to support climate mitigation investments and mutually explore the benefits of market and non-market mechanisms under Article 6 of the Paris Agreement.
5.
The Parties agree to cooperate on capacity building activities for the measurement, reporting and verification (MRV) of national inventories.
6.
The Parties agree to organize seminars, symposia, workshops,
and meetings on various topics of interest to both Parties to gain a deeper understanding of and exchange best practices and technological know-how on climate action.
Chapter EIGHT. TRANSPARENCY
Article 8.1: Definitions
For purposes of this Chapter:
administrative ruling of general application
means an administrative ruling or interpretation that applies to all persons and fact 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, good, or service of the other Party in a specific case; or
(b)
a ruling that adjudicates with respect to a particular act or practice.
Article
8.2: Publication
1.
Each Party shall ensure that its laws, regulations, procedures,
and administrative rulings of general application relating to any matter covered by this Agreement are promptly published or otherwise made publicly available.
2.
To the extent possible, each Party, in accordance with its
laws and regulations,
shall:
(a)
publish in advance
the
measures
referred to in paragraph 1 that it proposes to adopt; and
(b)
provide interested persons and the other Party with a reasonable opportunity to comment on such proposed measures.
Article 8.3: Provision of Information
Upon the request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure referred to in Article 8.2
that the requesting Party considers might affect the operation of this Agreement.
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Article 8.4: Administrative Proceedings
With a view to administering in a consistent, impartial,
and reasonable manner its
laws, regulations, procedures,
and administrative rulings of general application
relating to any matter covered by this Agreement, each Party
shall ensure,
in its administrative proceedings, in which these
measures are applied to particular persons, goods,
or services of the other Party in specific cases, that:
(a)
wherever possible, in accordance with its
applicable laws and regulations, persons of the other Party
that
are directly affected by a proceeding are provided
reasonable notice, 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 controversy;
(b)
persons
of the other Party that are directly affected by a proceeding
are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when
time, the nature of the proceeding,
and the public interest permit; and