1. Each Party shall endeavour to make trade administration documents available to the public in electronic form.
2. Each Party shall endeavour to accept electronic trade administration documents as the legal equivalent of the paper version of those documents.
3. In developing initiatives which provide for the use of paperless trading, each Party shall take into account the methods agreed by international organisations.
Article 15.8. Online Personal Data Protection
Each Party shall adopt or maintain measures which ensure the protection of the personal data of the users of electronic commerce. In the development of personal data protection standards, each Party shall take into account the international standards, guidelines and recommendations of relevant international organisations.
Article 15.9. Unsolicited Commercial Electronic Messages
1. Each Party shall endeavour to adopt or maintain measures to regulate unsolicited commercial electronic messages to minimise unsolicited spam and telemarketing.
2. The Parties shall, subject to their respective laws and regulations, cooperate bilaterally and in international fora regarding the regulation of unsolicited commercial electronic messages. Areas of cooperation may include, but should not be limited to, the exchange of information on technical, educational and policy approaches to spam and telemarketing.
Article 15.10. Definitions
For the purposes of this Chapter:
electronic authentication means the process or act of establishing the identity of a party to an electronic communication or transaction;
electronic signature means information in the form of electronic data attached to, or logically combined with, an electronic record for the purpose of utilising it to identify the signer and to prove that the signer has signed the electronic record;
electronic transmissions means transmissions made using any electromagnetic or photonic means; personal data means any information about an identified or identifiable individual;
trade administration documents means forms that a Party issues or controls and that must be completed by or for an importer or exporter in connection with the importation or exportation of goods; and
unsolicited commercial electronic message means an electronic message (including a voice service) which is sent for commercial purposes to an electronic address without the consent of the recipient or against the explicit rejection of the recipient, using an Internet carriage service or other telecommunications service.
Chapter 16. Cooperation
Section A. Agriculture, Fisheries and Forestry
Article 16.1. Objective
The objective of this Section is to facilitate bilateral cooperation and explore new cooperative activities between the Parties in the fields of agriculture, fisheries and forestry, building on existing cooperative relationships at the bilateral, regional and multilateral level, in support of mutual economic growth and
development.
Article 16.2. Scope
The Parties shall cooperate in areas which may include:
(a) innovation, research and development;
(b) agriculture, including primary and processed commodities;
(c) fisheries and aquaculture;
(d) forestry;
(e) sanitary and phytosanitary matters;
(f) security of food supply; and
(g) any other areas of cooperation as may be identified and agreed by the Parties.
Article 16.3. Cooperative Activities
The Parties shall promote cooperative activities by the public and private sectors in the fields of agriculture, fisheries and forestry. Cooperative activities may include:
(a) information exchanges, including exchanging views on relevant policies;
(b) technical cooperation;
(c) joint research programs and projects;
(d) exchanges of experts, researchers, students and relevant professionals;
(e) conferences, seminars and workshops;
(f) exchanging views on matters in relation to relevant regional and international bodies;
(g) collaborative training exercises, in particular for students and graduates from educational institutions in the fields of agriculture, fisheries and forestry;
(h) promotion of private sector cooperation; promotion and facilitation of mutual investment opportunities; study visits to farms and related production centres; and
(i) cooperating in any other fields as may be identified and agreed by the Parties.
Article 16.4. Innovation, Research and Development
1. The Parties, recognising the importance of innovation, research and development to agriculture, fisheries and forestry, shall endeavour, as appropriate, to promote cooperative activities in relevant fields. These activities may include scientific and technological developments in:
(a) sustainable resource management;
(b) water management and water use efficiency;
(c) climate change adaptation and mitigation; mitigation of climate-related extremes;
(d) animal husbandry practices including reproductive technologies, nutrition, and livestock identification and traceability systems;
(e) productivity enhancements in agriculture, fisheries, forestry and food; biosecurity, including farm biosecurity;
(f) animal and plant disease research;
(g) biotechnology;
(h) food safety; and
(i) any other fields of innovation, research and development as may be identified and agreed by the Parties.
2. The Parties shall endeavour to enhance cooperative partnerships between their research organisations.
Article 16.5. Agriculture
The Parties, recognising the importance of promoting cooperative relationships between Korean and Australian farmers and agribusinesses, shall undertake cooperative activities on any agricultural matter the Parties agree to be appropriate, including in relation to:
(a) agricultural industries, including livestock production and processing industries, cropping, horticulture, irrigated agriculture and natural fibre production;
(b) agricultural reforms and policies;
(c) agricultural economics;
(d) generational change and farm succession planning;
(e) rural development;
(f) peri-urban and urban agriculture;
(g) environmental and natural resource economics and management;
(h) nutrition, including the agronomic and genetic enhancement of plant, animal and human nutrition;
(i) sustainable and conservation farming techniques; and
(j) any other agricultural matter as may be identified and agreed by the Parties.
Article 16.6. Fisheries and Aquaculture
1. The Parties shall endeavour to cooperate, as appropriate, in the field of fisheries and aquaculture. Areas of cooperation may include exchange of information regarding fisheries, aquaculture and fish resources, including in relation to:
(a) bycatch and the minimisation of adverse impacts of fishing on the marine environment;
(b) marine pests;
(c) recreational fishing;
(d) illegal, unreported and unregulated fishing;
(e) the impact of climate change on marine ecosystems; and
(f) fisheries economics and resource management.
2. Other areas of cooperation may be identified and agreed by the Parties. To this end, the Parties shall make their best efforts to establish a fisheries cooperation arrangement within three years after the date of entry into force of this Agreement.
Article 16.7. Forestry
The Parties, recognising the current high level of bilateral cooperation in the field of forestry, shall endeavour to explore opportunities for further cooperation. Areas of cooperation may include:
(a) promotion of trade in timber resources including logs and woodchips;
(b) development, utilisation and sustainable management of forest resources;
(c) the impact of climate change on forestry resources;
(d) forest fire management and control;
(e) forest thinning;
(f) forestry pest control;
(g) farm forestry;
(h) combating illegal logging and the associated trade; and
(i) any other areas of cooperation as may be identified and agreed by the Parties.
Article 16.8. Sanitary and Phytosanitary Matters
The Parties shall endeavour to cooperate in the areas of human, animal or plant health and food safety. Areas of cooperation may include:
(a) regional animal and plant disease surveillance;
(b) animal disease, plant pest and disease prevention and control;
(c) detection methods for pathogenic micro-organisms in food;
(d) regulation and control of agri-chemical and veterinary medicine residues and other food safety issues; and
(e) any other human, animal or plant health and safety issues of mutual interest.
Article 16.9. Security of Food Supply
1. The Parties recognise the importance of domestic agricultural production and bilateral trade for the maintenance of a stable and reliable food supply and the fulfilment of food security objectives.
2. The Parties shall explore opportunities to cooperate in the area of global food security, including through relevant regional and international fora.
3. Recognising the important role that two-way trade and investment play in achieving long-term food security, the Parties shall, as appropriate, endeavour to promote and facilitate productive and mutually beneficial trade and investment in agriculture and food.
4. In the event of a severe and sustained disruption to supply of staple foods and feed grain, the Parties shall enter into consultations, on request of a Party, through appropriate cooperative mechanisms, which may include the Committee on Agricultural Cooperation, to exchange information on, and to examine the factors relevant to, the situation. The Parties shall endeavour to take any appropriate actions available to them that would contribute to the resolution of the situation through such consultations.
5. In the case of any introduction of a prohibition or restriction on the exportation or sale for export of any agricultural goods produced ona farm established in its territory by a person of the other Party, the Parties shall enter into consultations with a view to giving due consideration at the Committee on Agricultural Cooperation to the effects of such prohibition or restriction and relevant remedies, prior to the actual implementation of any export prohibition or restriction. When an export prohibition or restriction is taken, the Parties shall enter into consultation, on request of a Party, with a view to early recovery of the open market and uninterrupted supply chains.
6. Each Party affirms its commitment to high levels of safety in agricultural exports and recognises consumer demand for high quality food.
Article 16.10. Contact Points
1. Each Party shall designate a contact point relating to the operation of this Section. For the purposes of this Section, the contact point shall be:
(a) for Australia, the Department of Agriculture, or its successor; and
(b) for Korea, the Ministry of Agriculture, Food and Rural Affairs, or its successor. 2. The contact points shall:
(a) facilitate the exchange of information relating to this Section;
(b) coordinate the Committee on Agricultural Cooperation referred to in Article 16.11; and
(c) facilitate any other communications between the Parties on any matter covered by this Section.
Article 16.11. Committee on Agricultural Cooperation
1. The Committee on Agricultural Cooperation established in accordance with Article 21.4 (Committees and Working Groups) shall comprise officials of each Party, including those responsible for agriculture, fisheries and forestry.
2. The functions of the Committee may include:
(a) reviewing, monitoring and assessing the implementation of this Section;
(b) making recommendations regarding cooperative activities under this Section, in accordance with the strategic priorities of the Parties;
(c) discussing, considering and, as appropriate, resolving any matter arising under this Section; and
(d) any other functions as may be agreed by the Parties. 3. The Committee shall, in principle, meet every year or as otherwise agreed. The date, location, and agenda of each meeting shall be jointly decided through consultations between the contact points.
Article 16.12. Resources
1. With the aim of contributing to the fulfilment of the objective of this Section, and recognising that cooperative activities as envisaged in the Section will be able to be implemented effectively only when financed with adequate resources, the Parties shall provide, within the limits of their own capacities and through their own channels, adequate resources to support such cooperative activities.
2. Additional details regarding the provision of resources for the specific cooperative activities that the Committee on Agricultural Cooperation identifies and develops as part of its annual work program shall be arranged by the Committee on Agricultural Cooperation.
3. Recognising the importance of maintaining access to stable available resources, the Committee on Agricultural Cooperation shall consider options for securing joint regular funding that could be utilised in implementing its cooperative activities.
Section B. Energy and Mineral Resources
Article 16.13. Objective
The objective of this Section is to affirm and enhance the stable and mutually beneficial cooperative relationship between the Parties in the energy and mineral resources sector.
Article 16.14. Cooperative Activities
1. The Parties shall promote, subject to their respective laws and regulations, cooperative activities by the public and private sectors in the field of energy and mineral resources.
2. Cooperative activities may include:
(a) joint activities in areas such as research and development in the exploration, extraction, processing, transportation and use of energy and mineral resources, including energy efficiency measures and measures relating to climate change;
(b) exchanging views on policies relevant to the exploration, extraction, processing, transportation and use of energy and mineral resources, including energy efficiency measures and measures relating to climate change;
(c) enhanced academic and scientific exchanges relating to the exploration, extraction, processing, transportation and use of energy and mineral resources, including energy efficiency measures and measures relating to climate change; and
(d) visits and exchanges between the Parties, such as by relevant experts, technicians and leaders in the public, academic and private sectors.
Article 16.15. Promotion and Facilitation of Trade and Investment
1. The Parties shall endeavour to promote, as appropriate, mutually beneficial trade and investment activities in the energy and mineral resources sector.
2. Regarding the energy and mineral resources sector, the Parties may discuss effective ways to:
(a) encourage investment relating to the exploration, extraction, processing, transportation and use of energy and mineral resources, including in emerging technologies and renewable energy;
(b) promote the provision and exchange of investment information including information on their respective laws, regulations and policies;
(c) encourage and support investment promotion activities of each Party; and
(d) maintain and foster stable, equitable, favourable and transparent conditions for investors.
3. Notwithstanding Article 11.2 (Relation to Other Chapters), in the event of any inconsistency between this Chapter and Chapter 11 (Investment), Chapter 11 shall prevail to the extent of the inconsistency.
Article 16.16. Exchange of Information
The Parties shall exchange information relevant to energy and mineral resources. This exchange of information may include:
(a) geological data or information about distributions, deposits and development plans of energy and mineral resources;
(b) information on investment related to the exploration, extraction, processing, transportation and use of energy and mineral resources;
(c) information on investment opportunities such as tenders, infrastructure development and mining projects;
(d) information on respective laws, regulations and policies relating to the exploration, extraction, processing, transportation and use of energy and mineral resources, including information related to investment;
(e) information on mine reclamation technology, environmental management, and other resource management regulations or practices;
(f) information on current and future trends in the coal, oil, gas, electricity and renewable energy industries;
(g) information on current and planned infrastructure development related to the exploration, extraction, processing, transportation and use of energy and mineral resources; and
(h) any other relevant information as agreed by the Parties.
Article 16.17. Security In Energy and Mineral Resources
1. The Parties recognise the importance of energy and mineral resources security and the role that trade, investment and cooperation play in achieving long-term security.
2. In the event of a severe and sustained disruption to supply of a major energy and mineral resource, the Parties shall enter into consultations, on request of a Party, through appropriate cooperative mechanisms, which may include the Committee on Energy and Mineral Resources Cooperation, to exchange information and to explore any appropriate actions available to them that would contribute to the resolution of the situation.
Article 16.18. Contact Points
1. Each Party shall designate a contact point relating to the operation of this Section. For the purposes of this Section, the contact point shall be:
(a) for Australia, the Department of Industry, or its successor; and