For Chile, the Decree N° 1.689 (1995) of the Ministry of Foreign Affairs.
For Japan, the Law Relating to the Prevention of Marine Pollution and Maritime Disasters (Law No. 136, 1970).
For Malaysia, the Act 515 Merchant Shipping (Oil Pollution) Act 1994; Merchant Shipping Ordinance 1952 (amended in 2007 by Act A316); and the Environmental Quality Act 1974.
For Mexico, Article 132 of the General Law on Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente (LGEEPA).
For New Zealand, the Maritime Transport Act 1994.
For Peru, the Decree Law No. 22703; and the 1978 Protocol by Decree Law No. 22954 (March 26, 1980).
For Singapore, the Prevention of Pollution of the Sea Act, including regulations made thereunder.
For the United States, the Act to Prevent Pollution from Ships, 33 U.S.C §§ 1901- 1915.
For Viet Nam, the Law on Environmental Protection 2014; the Maritime Code 2005; Circular 50/2012/TT-BGTVT dated 19 December 2012 of the Ministry of Transport, regulating the management of receiving and processing oil-containing liquid waste from sea vessels at Viet Nam's sea ports; the National Technical Regulation on Marine Pollution Prevention Systems of Ships QCVN 26: 2014/BGTVT.
Chapter 21. COOPERATION AND CAPACITY BUILDING
Article 21.1. General Provisions
1. The Parties acknowledge the importance of cooperation and capacity building activities and shall undertake and strengthen these activities to assist in implementing this Agreement and enhancing its benefits, which are intended to accelerate economic growth and development.
2. The Parties recognise that cooperation and capacity building activities may be undertaken between two or more Parties, on a mutually agreed basis, and shall seck to complement and build on existing agreements or arrangements between them.
3. The Parties also recognise that the involvement of the private sector is important in these activities, and that SMEs may require assistance in participating in global markets.
Article 21.2. Areas of Cooperation and Capacity Building
1. The Parties may undertake and strengthen cooperation and capacity building activities to assist in:
(a) implementing the provisions of this Agreement;
(b) enhancing each Party's ability to take advantage of the economic opportunities created by this Agreement; and
(c) promoting and facilitating trade and investment of the Parties.
2. Cooperation and capacity building activities may include, but are not necessarily limited to, the following areas:
(a) agricultural, industrial and services sectors;
(b) promotion of education, culture and gender equality; and
(c) disaster risk management.
3. The Parties recognise that technology and innovation provides added value to cooperation and capacity building activities, and may be incorporated into cooperation and capacity building activities under this Article.
4. The Parties may undertake cooperation and capacity building activities through modes such as: dialogue, workshops, seminars, conferences, collaborative programmes and projects; technical assistance to promote and facilitate capacity building and training; the sharing of best practices on policies and procedures; and the exchange of experts, information and technology.
Article 21.3. Contact Points for Cooperation and Capacity Building
1. Each Party shall designate and notify a contact point on matters relating to the coordination of cooperation and capacity building activities in accordance with Article 27.5 (Contact Points).
2. A Party may make a request for cooperation and capacity building activities related to this Agreement to another Party or Parties through the contact points.
Article 21.4. Committee on Cooperation and Capacity Building
1. The Parties hereby establish a Committee on Cooperation and Capacity Building (Committee), composed of government representatives of each Party.
2. The Committee shall:
(a) facilitate the exchange of information between the Parties in areas including, but not limited to, experiences and lessons learned through cooperation and capacity building activities undertaken between the Parties;
(b) discuss and consider issues or proposals for future cooperation and capacity building activities;
(c) initiate and undertake collaboration, as appropriate, to enhance donor coordination and facilitate public-private partnerships in cooperation and capacity building activities;
(d) invite, as appropriate, international donor institutions, private sector entities, non-governmental organisations or other relevant institutions, to assist in the development and implementation of cooperation and capacity building activities;
(ec establish ad hoc working groups, as appropriate, which may include government representatives, non-government representatives or both;
(f) coordinate with other committees, working groups and any other subsidiary body established under this Agreement as appropriate, in support of the development and implementation of cooperation and capacity building activities;
(g) review the implementation or operation of this Chapter, and (h) engage in other activities as the Parties may decide.
3. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
4. The Committee shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report to the Commission.
Article 21.5. Resources
Recognising the different levels of development of the Parties, the Parties shall work to provide the appropriate financial or in-kind resources for cooperation and capacity building activities conducted under this Chapter, subject to the availability of resources and the comparative capabilities that different Parties possess to achieve the goals of this Chapter.
Article 21.6. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 22. COMPETITIVENESS AND BUSINESS FACILITATION
Article 22.1. Definitions
For the purposes of this Chapter:
supply chain means a cross-border network of enterprises operating together as an integrated system to design, develop, produce, market, distribute, transport, and deliver products and services to customers.
Article 22.2. Committee on Competitiveness and Business Facilitation
1. The Parties recognise that, in order to enhance the domestic, regional and global competitiveness of their economies, and to promote economic integration and development within the free trade area, their business environments must be responsive to market developments.
2. Accordingly, the Parties hereby establish a Committee on Competitiveness and Business Facilitation (Committee), composed of government representatives of each Party.
3. The Committee shall:
(a) discuss effective approaches and develop information sharing activities to support efforts to establish a competitive environment that is conducive to the establishment of businesses, facilitates trade and investment between the Parties, and promotes economic integration and development within the free trade area;
(b) explore ways to take advantage of the trade and investment opportunities that this Agreement creates;
(c) provide advice and recommendations to the Commission on ways to further enhance the competitiveness of the Parties' economies, including recommendations aimed at enhancing the participation of SMEs in regional supply chains;
(d) explore ways to promote the development and strengthening of supply chains within the free trade area in accordance with Article 22.3 (Supply Chains); and
(e) engage in other activities as the Parties may decide.
4. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
5. In carrying out its functions, the Committee may work with other committees, working groups and any other subsidiary body established under this Agreement. The Committee may also seek advice from, and consider the work of, appropriate experts, such as international donor institutions, enterprises and non- governmental organisations.
Article 22.3. Supply Chains
1. The Committee shall explore ways in which this Agreement may be implemented so as to promote the development and strengthening of supply chains in order to integrate production, facilitate trade and reduce the costs of doing business within the free trade area.
2. The Committee shall develop recommendations and promote seminars, workshops or other capacity building activities with appropriate experts, including private sector and international donor organisations, to assist participation by SMEs in supply chains in the free trade area.
3. The Committee shall, as appropriate, work with other committces, working groups and any other subsidiary body established under this Agreement, including through joint meetings, to identify and discuss measures affecting the development and strengthening of supply chains. The Committee shall ensure that it does not duplicate the activities of these other bodies.
4. The Committee shall identify and explore best practices and experiences relevant to the development and strengthening of supply chains between the Parties.
5. The Committee shall commence a review of the extent to which this Agreement has facilitated the development, strengthening and operation of supply chains in the free trade area during the fourth year after the date of entry into force of this Agreement. Unless the Parties agree otherwise, the Committee shall conduct further reviews every five years thereafter.
6. In conducting its review, the Committee shall consider the views of interested persons that a Party has received pursuant to Article 22.4 (Engagement with Interested Persons) and provided to the Committee.
7. No later than two years after the commencement of a review under paragraph 5, the Committee shall submit a report to the Commission containing the Committee's findings and recommendations on ways in which the Parties can promote and strengthen the development of supply chains in the free trade area.
8. Following the Commission's consideration of the report, the Committee shall make the report publicly available, unless the Parties agree otherwise.
Article 22.4. Engagement with Interested Persons
The Committee shall establish mechanisms appropriate to provide continuing opportunities for interested persons of the Parties to provide input on matters relevant to enhancing competitiveness and business facilitation.
Article 22.5. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 23. DEVELOPMENT
Article 23.1. General Provisions
1. The Parties affirm their commitment to promote and strengthen an open trade and investment environment that seeks to improve welfare, reduce poverty, raise living standards and create new employment opportunities in support of development.
2. The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity. Inclusive economic growth includes a more broad-based distribution of the benefits of economic growth through the expansion of business and industry, the creation of jobs, and the alleviation of poverty.
3. The Parties acknowledge that economic growth and development contribute to achieving the objectives of this Agreement of promoting regional economic integration.
4. The Parties also acknowledge that effective domestic coordination of trade, investment and development policies can contribute to sustainable economic growth.
5. The Parties recognise the potential for joint development activities between the Parties to reinforce efforts to achieve sustainable development goals.
6. The Parties also recognise that activities carried out under Chapter 21 (Cooperation and Capacity Building) are an important component of joint development activities.
Article 23.2. Promotion of Development
1. The Parties acknowledge the importance of each Party's leadership in implementing development policies, including policies that are designed for its nationals to maximise the use of the opportunities created by this Agreement.
2. The Parties acknowledge that this Agreement has been designed in a manner that takes into account the different levels of economic development of the Parties, including through provisions that support and enable the achievement of national development goals.
3. The Parties further recognise that transparency, good governance and accountability contribute to the effectiveness of development policies.
Article 23.3. Broad-Based Economic Growth
1. The Parties acknowledge that broad-based economic growth reduces poverty, enables sustainable delivery of basic services, and expands opportunities for people to live healthy and productive lives.
2. The Parties recognise that broad-based economic growth promotes peace, stability, democratic institutions, attractive investment opportunities, and effectiveness in addressing regional and global challenges.
3. The Parties also recognise that generating and sustaining broad-based economic growth requires sustained high-level commitment by their governments to effectively and efficiently administer public institutions, invest in public infrastructure, welfare, health and education systems, and foster entrepreneurship and access to economic opportunity.
4. The Parties may enhance broad-based economic growth through policies that take advantage of trade and investment opportunities created by this Agreement in order to contribute to, among other things, sustainable development and the reduction of poverty. These policies may include those related to the promotion of market-based approaches aimed at improving trading conditions and access to finance for vulnerable areas or populations, and SMEs.
Article 23.4. Women and Economic Growth
1. The Parties recognise that enhancing opportunities in their territories for women, including workers and business owners, to participate in the domestic and global economy contributes to economic development. The Parties further recognise the benefit of sharing their diverse experiences in designing, implementing and strengthening programmes to encourage this participation.
2. Accordingly, the Parties shall consider undertaking cooperative activities aimed at enhancing the ability of women, including workers and business owners, to fully access and benefit from the opportunities created by this Agreement. These activities may include providing advice or training, such as through the exchange of officials, and exchanging information and experience on:
(a) programmes aimed at helping women build their skills and capacity, and enhance their access to markets, technology and financing;
(b) developing women's leadership networks; and
(c) identifying best practices related to workplace flexibility.
Article 23.5. Education, Science and Technology, Research and Innovation
1. The Parties recognise that the promotion and development of education, science and technology, research and innovation can play an important role in accelerating growth, enhancing competitiveness, creating jobs, and expanding trade and investment among the Parties.
2. The Parties further recognise that policies related to education, science and technology, research and innovation can help Parties maximise the benefits derived from this Agreement. Accordingly, Parties may encourage the design of policies in these areas that take into consideration trade and investment opportunities arising from this Agreement, in order to further increase those benefits. Those policies may include initiatives with the private sector, including those aimed at developing relevant expertise and managerial skills, and enhancing enterprises' ability to transform innovations into competitive products and start-up businesses.
Article 23.6. Joint Development Activities
1. The Parties recognise that joint activities between the Parties to promote maximisation of the development benefits derived from this Agreement can reinforce national development strategies, including, where appropriate, through work with bilateral partners, private companies, academic institutions and non- governmental organisations.
2. When mutually agreed, two or more Parties shall endeavour to facilitate joint activities between relevant government, private and multilateral institutions so that the benefits derived from this Agreement might more effectively advance each Party's development goals. These joint activities may include:
(a) discussion between Parties to promote, where appropriate, alignment of Parties' development assistance and finance programmes with national development priorities;
(b) consideration of ways to expand engagement in science, technology and research to foster the application of innovative uses of science and technology, promote development and build capacity;
(c) facilitation of public and private sector partnerships that enable private enterprises, including SMEs, to bring their expertise and resources to cooperative ventures with government agencies in support of development goals; and
(d) involvement of the private sector, including philanthropic organisations and businesses, and non-governmental organisations in activities to support development.
Article 23.7. Committee on Development
1. The Parties hereby establish a Committee on Development (Committee), composed of government representatives of each Party.
2. The Committee shall:
(a) facilitate the exchange of information on Parties' experiences regarding the formulation and implementation of national policies intended to derive the greatest possible benefits from this Agreement;
(b) facilitate the exchange of information on Parties' experiences and lessons learned through joint development activities undertaken under Article 23.6 (Joint Development Activities);
(c) discuss any proposals for future joint development activities in support of development policies related to trade and investment;
(d) invite, as appropriate, international donor institutions, private sector entities, non-governmental organisations or other relevant institutions to assist in the development and implementation of joint development activities;
(e) carry out other functions as the Parties may decide in respect of maximising the development benefits derived from this Agreement; and
(f) consider issues associated with the implementation and operation of this Chapter, with a view towards considering ways the Chapter may enhance the development benefits of this Agreement.
3. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.
4. In carrying out its functions, the Committee may work with other committees, working groups and any other subsidiary body established under this Agreement.
Article 23.8. Relation to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
Article 23.9. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 24. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 24.1. Information Sharing
1. Each Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement, including all Annexes, tariff schedules and product specific rules of origin;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that the Party considers useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links to:
(a) the equivalent websites of the other Parties; and
(b) the websites of its government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations and procedures;
(b) regulations and procedures concerning intellectual property rights;
(c) technical regulations, standards, and sanitary and phytosanitary measures relating to importation and exportation;
(d) foreign investment regulations;
(e) business registration procedures;
(f) employment regulations; and
(g) taxation information.
When possible, each Party shall endeavour to make the information available in English.
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure that such information and links are up-to-date and accurate.
Article 24.2. Committee on SMEs
1. The Parties hereby establish a Committee on SMEs (Committee), composed of government representatives of each Party.
2. The Committee shall:
(a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities under this Agreement;
(b) exchange and discuss each Party's experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programmes, trade education, trade finance, identifying commercial partners in other Parties and establishing good business credentials;
(c) develop and promote seminars, workshops or other activities to inform SMEs of the benefits available to them under this Agreement;
(d) explore opportunities for capacity building to assist the Parties in developing and enhancing SME export counselling, assistance and training programmes;
(e) recommend additional information that a Party may include on the website referred to in Article 24.1 (Information Sharing);
(f) review and coordinate the Committee's work programme with those of other committees, working groups and any subsidiary body established under this Agreement, as well as those of other relevant international bodies, in order not to duplicate those work programmes and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities provided by this Agreement;