(d) consider ways to further enhance trade and investment relations between the Parties;
(e) without prejudice to the procedures under Chapter Nine (Dispute Settlement), seek to resolve problems or disputes that may arise relating to the interpretation or application of this Agreement; and
(f) carry out any other function relating to the areas covered by this Agreement as the Parties may agree.
3. The Joint Committee may:
(a) establish and delegate responsibilities to committees, working groups, or other bodies as it considers necessary to assist it in accomplishing its tasks;
(b) consider and adopt amendments to this Agreement, including its annexes and appendices, subject to the completion of the respective applicable legal procedures of the Parties;
(c) adopt interpretations of the provisions of this Agreement;
(d) adopt its own rules of procedure; and
(e) make recommendations to the Parties.
4. When a Party submits information considered as confidential under its laws and regulations to the Joint Committee, committees, working groups, or any other body, the other Party shall treat that information as confidential.
Article 11.2: Procedures of the Joint Committee
1. Unless the Parties otherwise agree, the Joint Committee shall meet within one year from the entry into force of this Agreement and, thereafter, convene:
(a) in regular session every year, with such sessions to be held alternately in the territory of each Party; and
(b) in special session within 30 days from the receipt of a request from either Party, with such sessions to be held in the territory of the other Party or at such other location as the Parties may agree.
2. The meetings of the Joint Committee may be held in person or, if agreed by the Parties, by any technological means available to them.
3. All decisions and recommendations of the Joint Committee shall be taken by mutual agreement.
Article 11.3: Committees and Working Groups
1. The following Committees, working groups, or any other bodies may be established under the auspices of the Joint Committee:
(a) Committee on Trade in Goods;
(b) Committee on Rules of Origin and Customs Procedures;
(c) Committee on Outward Processing Zones;
(d) Committee on Trade Remedies; and
(e) Committee on Economic and Technical Cooperation.
2. The composition, frequency of meetings, and functions of the committees, working groups, or any other bodies shall be in accordance with the relevant provisions of this Agreement or as determined by the Joint Committee consistent with this Agreement.
3. The committees, working groups, or any other bodies shall inform the Joint Committee of their schedules and agenda sufficiently in advance of their meetings. They shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee.
4. The Joint Committee may decide to change or undertake the task assigned to a committee, working group or any other body or may dissolve a committee, working group, or any other body in accordance with the relevant provisions of this Agreement.
Article 11.4: Contact Points
1. In order to facilitate communications between the Parties on any trade matter covered by this Agreement, the Parties hereby establish the following contact points:
(a) for the Philippines, the Department of Trade and Industry, or its successor; and
(b) for Korea, the Ministry of Trade, Industry and Energy, or its successor.
2. Upon request of either Party, the contact point of the other Party shall indicate the office or official responsible for any matter relating to the implementation of this Agreement and provide the required support to facilitate communications with the requesting Party. Each Party shall promptly notify the other Party of any change in its contact point.
Chapter TWELVE. FINAL PROVISIONS
Article 12.1: Annexes, Appendices and Footnotes
The Annexes, Appendices and footnotes to this Agreement shall form an integral part of this Agreement.
Article 12.2: Amendments
The Parties may agree, in writing, to amend this Agreement. Any such amendments shall enter into force after the Parties exchange written notifications through diplomatic channels certifying that they have completed all necessary domestic legal procedures for the entry into force of the amendments, on such date as the Parties may agree. The amendments shall form an integral part of this Agreement.
Article 12.3: Amendments to the WTO Agreement
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall enter into consultations to consider amending the relevant provisions of this Agreement, as appropriate, in accordance with Article 12.2.
Article 12.4: Review of the Agreement
Five years after the date of the entry into force of this Agreement, and at any time thereafter, this Agreement shall be subject to review, upon the request of a Party, with a view to furthering its objectives.
Article 12.5: Entry into Force
This Agreement shall enter into force on the first day of the second month, or on such other date as the Parties may agree, following the date of the exchange of the written notifications through diplomatic channels, by which the Parties inform each other that all necessary domestic legal procedures for the entry into force of this Agreement have been completed.
Article 12.6: Termination
Either Party may terminate this Agreement by written notification through diplomatic channels to the other Party. Such termination shall take effect six months after the date of the notification.
Article 12.7: Authentic Texts
The English and Korean texts of this Agreement are equally authentic.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE in duplicate at ___________, this _______ day of _______, (year), in the English and Korean languages.
For the Government of the Republic of the Philippines:
For the Government of the Republic of Korea:
Attachments
IMPLEMENTING ARRANGEMENT FOR ECONOMIC AND TECHNICAL COOPERATION PURSUANT TO CHAPTER SEVEN (ECONOMIC AND TECHNICAL COOPERATION) OF THE FREE TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
Introduction
This Implementing Arrangement describes the economic and technical cooperation relating to Chapter Seven (Economic and Technical Cooperation) of the Free Trade Agreement between the Government of the Republic of the Philippines and the Government of the Republic of Korea (hereinafter referred to as the "Agreement") without creating any additional legal rights and obligations to the Parties other than those specified in the Agreement. It includes information and project concepts regarding priority sectors which are agreed upon by the Government of the Republic of the Philippines and the Government of the Republic of Korea (hereinafter referred to as the "Parties").
It outlines the priority projects to be implemented consisting of, but not limited to, Industrial Development, Innovation and Research and Development, Micro, Small and Medium Enterprises (MSMEs), Creative and Cultural Industries including Cooperation on Film, Intellectual Property, Standards, Technical Regulations and Conformity Assessment Procedures, Sanitary and Phytosanitary Measures, and Electronic Commerce in line with the priority areas identified in Chapter Seven, and provides the objectives and indicative activities. The contents and details of the specific projects to be carried out will be determined by the Committee on Economic and Technical Cooperation established under Article 7.5 of the Agreement (hereinafter referred to as the ?Committee?). If deemed necessary, the Parties may agree to revise or add economic and technical cooperation projects and activities which are not set out in this Arrangement.
The Parties agree to carry out and endeavor to make available necessary financial and other resources for the implementation of the economic and technical cooperation activities under the Agreement, in accordance with their respective laws and regulations and subject to the approval of competent authorities of each Party.
The Parties agree to start consultations within six months after the date of entry into force of the Agreement to determine and consolidate projects, including its resource requirements and possible sources of funds. The Parties, in consultation with relevant stakeholders, agree to establish and operate regular channels of communications for purposes of new project development and project improvement.
Section A: Industrial Development
Article 1: Health and Life Sciences-Related Manufacturing
Objective
1. The Parties agree to cooperate, on the basis of mutual benefit, in the area of health and life sciences-related manufacturing including vaccine manufacturing, recognizing its important role in the social and economic development of the Parties.
Indicative Activities
2. The indicative activities are as follows:
(a) exchange of information and experience through policy dialogues;
(b) promotion of trade and investments through trade and investment missions and business fora;
(c) pursuit of collaborative projects on technology and knowledge transfer;
(d) undertaking capacity building activities for human resources development and quality management; and
(e) exchange of experts and benchmarking assistance in terms of new technologies.
Article 2: Cooperation on Processing of Technology Metals
Objective
1. The Parties agree to cooperate, on the basis of mutual benefit, in the area of processing of technology metals, recognizing its strategic role in supporting the manufacturing industry.
Indicative Activities
2. The indicative activities are as follows:
(a) exchange of information and experience through policy dialogues;
(b) promotion of trade and investments through trade and investment missions and business fora;
(c) pursuit of collaborative projects on technology and knowledge transfer;
(d) undertaking capacity building activities for human resources development and quality management; and
(e) exchange of experts and benchmarking assistance in terms of new technologies.
Article 3: E-vehicle Industry
Objective
1. The Parties agree to cooperate, on the basis of mutual benefit, in the area of e-vehicle industry, recognizing that it is an important factor to the social and economic development of the Parties.
Indicative Activities
2. The indicative activities involve undertaking collaborative projects to complement each other?s automotive industry with the end view of promoting trade and investments and establishing a competitive e-vehicle industry in both Parties through the institutionalization of a platform for cooperation, which may include, among others, policy dialogues, trade and investment missions and business fora.
Section B: Innovation and Research and Development
Article 4: Innovation Ecosystem
Objective
1. The Parties agree to cooperate, on the basis of mutual benefit, in the areas of innovation and research and development, recognizing their important role in social and economic development.
Indicative Activities
2. The indicative activities are as follows:
(a) development of an innovation ecosystem among priority industrial sectors such as electronics, auto, aerospace, chemicals, information and communication technology, and agribusiness through:
(i) promotion of the adoption of new technologies by industries and MSMEs which may relate to artificial intelligence, robotics, internet-of-things, smart manufacturing, data analytics, and business models in the above-stated priority sectors;
(ii) research and development (R&D) on industrial innovation, modernization and upgrading of sectors through the adoption of Industry 4.0 technologies; and
(iii) technical assistance to new and existing observatories or laboratories for MSMEs.
(b) development of a startup ecosystem through:
(i) technical assistance on policies and best practices on incubation, acceleration, and mentorship for startups;
(ii) technical assistance on upskilling and human capital development; and
(iii) exchange of experts and networks relative to startup development.
Article 5: Agriculture, Fishery and Forestry
Objective
1. The Parties agree to develop and implement cooperation initiatives, on areas of mutual interest, recognizing the high importance of agriculture, fishery and forestry.
Indicative Activities
2. The indicative activities are as follows:
(a) fostering of R&D in support of increasing the productivity and improving the quality of priority agricultural and fisheries products through:
(i) technical assistance and collaborative studies; and
(ii) exchange of experts and benchmarking assistance in terms of new technologies.
(b) promotion of the conservation and propagation of forest tree species and urban green networks through:
(i) facilitation of relevant R&D activities for the preservation and management of forest tree species; and
(ii) facilitation of research in the development of urban forests to ease urban heat island effects.
Section C: Micro, Small and Medium Enterprises
Article 6: Green Growth Initiatives
Objective
1. The Parties agree to explore ways to promote closer cooperation among relevant government entities, industries, organizations, and research institutions, recognizing that economic development and environmental protection are key pillars of sustainable development.
Indicative Activities
2. The indicative activities are as follows:
(a) promotion of low carbon emissions in industries and MSMEs through:
(i) development of a comprehensive framework for the promotion of resource-efficient, environment-friendly and climate-smart business practices among industries including MSMEs;
(ii) capacity building for the development of an industry-specific measurement, reporting, and verification (MRV) system on emissions, applied mitigation measures, and achievements; and
(iii) fostering partnership with large businesses in strengthening investments in climate technology, complying with international environment standards, and promoting low emission and resource-efficient practices within their MSME supply chains.
(b) pursuit of R&D on evaluating the effectiveness of re-using wastewater as an alternative source of fertilization and irrigation (fertigation) and its environmental impacts and assessing the environmental, economic, and social soundness of establishing waste-to-energy (WtE) technologies for household, municipal and agricultural waste, through:
(i) technical assistance and knowledge sharing and conduct of research study on the effects of re-using wastewater as source of fertigation; and
(ii) conduct of relevant assessment and analyses on the soundness of establishing WtE technologies.
Section D: Creative and Cultural Industries including Cooperation on Film
Article 7: Creative and Cultural Industries
Objective
1. The Parties agree to cooperate, for purposes of mutual interest and benefit, in the areas of creative and cultural industries, recognizing their contribution to better understanding, promotion, and development of the Parties' respective services industries towards driving creativity, innovation, and entrepreneurship.
Indicative Activities
2. The indicative activities involve jointly undertaking activities on the development, promotion, and protection of the outputs of creative and cultural industries, (1) such as game development, advertising, animation, and design sector through:
(a) capacity building on, among others, professional standards development, intellectual property protection;
(b) benchmarking activities on national and international creative and cultural industries;
(c) exchange of personnel including experts and information; and
(d) promotion of business exchange.
Article 8: Cooperation on Film
Objective
1. The Parties agree to undertake cooperation on film for purposes of mutual benefits, recognizing its contribution to the enhancement of understanding between the Parties and the development of their film industries.
Indicative Activities
2. The indicative activities are as follows:
(a) cooperation in the improvement of the quality of content and professional work outputs of both Parties through:
(i) exchange of experts on film;
(ii) research and development; and
(iii) collaboration on activities related to production, distribution, and archiving.
(b) improvement of mechanisms of support available in either country through:
(i) cooperation in holding and participating in film festivals and other related activities; and
(ii) information exchange and sharing of best practices.
Section E: Intellectual Property
Article 9: Intellectual Property
Objective
1. The Parties agree to further improve and develop their respective intellectual property systems, recognizing the important role of intellectual property rights in international trade.
Indicative Activities