Article 9.13. Open Data
1. The Parties recognise that facilitating public access to and use of open data contributes to stimulating economic and social benefit, competitiveness, productivity improvements and innovation. To the extent that a Party chooses to make available open data, it shall, subject to its laws and regulations, endeavour, to the extent practicable, to ensure:
(a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable, where technically feasible, and open format that allows it to be searched, retrieved, used, reused and redistributed freely by the public; and
(b) that the information is made available in a spatially enabled format with reliable, easy to use and freely available Application Programming Interfaces ("APis") and is regularly updated.
2. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities, subject to its respective laws and regulations.
Article 9.14. Digital Government
1. The Parties recognise that technology can enable more efficient and agile government operations, improve the quality and reliability of government services, and enable governments to better serve the needs of their citizens and other stakeholders.
2. To this end, the Parties shall endeavour to develop and implement strategies to digitally transform their respective government operations and services, which may include:
(a) adopting open and inclusive government processes focusing on accessibility, transparency, and accountability in a manner that overcomes digital divides;
(b) promoting cross-sectoral and cross-governmental coordination and collaboration on digital agenda issues;
(c) shaping government processes, services and policies with digital inclusivity in mind;
(d) promoting digital platforms and common digital enablers for efficient government service delivery;
(e) leveraging emerging technologies to build capabilities in anticipation of disasters and crises and facilitating proactive responses;
(f) generating public value from government data, artificial intelligence, and emerging technologies by applying them in the planning, delivering and monitoring of public policies, and adopting rules and ethical principles for the trustworthy, responsible, and safe use of data and technologies;
(g) making open data and policy-making processes (including algorithms) available for the public to engage with, subject to respective laws and regulations; and
(h) promoting initiatives to raise the level of digital capabilities and skills of both the populace and the government workforce.
3. Recognising that the Parties can benefit by sharing their experiences with digital government initiatives, the Parties shall endeavour to cooperate on activities relating to the digital transformation of government and government services, which may include:
(a) exchanging information and experiences on digital government strategies and policies;
(b) sharing best practices on digital government and the digital delivery of govermnent services; and
(c) providing advice or training, including through exchange of officials and technical experts, to assist the other Party m building digital government capacity.
Article 9.15. Digital and Electronic Invoicing
1. The Parties recognise the importance of digital and electronic invoicing to increase the efficiency, accuracy, and reliability of transactions.
2. The Parties recognise the benefits of interoperable digital and electronic invoicing systems. When developing measures related to digital and electronic invoicing, a Party shall endeavour to take into account international standards, where applicable, and in accordance with its readiness in terms of capacity, regulations and infrastructure.
3. The Parties agree to cooperate and collaborate on initiatives which promote, encourage, support, or facilitate the adoption of digital and electronic invoicing.
Article 9.16. Digital and Electronic Payments
1. Recognising the rapid growth of digital and electronic payments, in particular those provided by banking and financial institutions, non-bank, non-financial institutions, the Parties shall endeavour to support the development of efficient, safe, and secure cross-border digital and electronic payments by:
(a) fostering the adoption and use of internationally accepted standards for digital and electronic payments;
(b) promoting interoperability and the interlinking of digital electronic payment infrastructures; and
(c) encouraging innovation and competition in digital and electronic payments services.
2. To this end, each Party shall, subject to its laws and regulations, endeavour to:
(a) make publicly available its laws and regulations of general applicability relating to digital and electronic payments, including in relation to regulatory approval, licensing requirements, procedures and technical standards;
(b) finalise decisions on regulatory or licensing approvals relating to digital and electronic payments in a timely manner;
(c) not arbitrarily or unjustifiably discriminate between banking and financial institutions and non-banking, and non-financial institutions in relation to access to services and infrastructure necessary for the operation of digital and electronic payment systems;
(d) adopt or utilise international standards for electronic data exchange between financial institutions and services suppliers to enable greater interoperability between digital and electronic payment systems;
(e) facilitate the use of financial technology infrastructure and encourage banking and financial institutions and non-bank and non-financial institutions to safely and securely make their products and services available to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and
(f) facilitate innovation and competition and the introduction of new financial and electronic payment products and services in a timely manner.
Article 9.17. Digital Identities
Recognising that cooperation between the Parties on digital identities for natural persons and enterprises will promote connectivity and further growth of digital trade, and recognising that each Party may take different legal and technical approaches to digital identities, the Parties shall endeavour to pursue mechanisms to promote compatibility between their respective digital identity regimes. This may include:
(a) developing appropriate frameworks and common standards to foster technical interoperability between each Party's implementation of digital identities;
(b) developing comparable protection of digital identities under each Party's respective legal frameworks, or the recognition of their legal effects, whether accorded autonomously or by agreement;
(c) supporting the development of international :frameworks on digital identity regimes;
(d) exchanging knowledge and expertise on best practices relating to digital identity policies and regulations, technical implementation and security standards, and the promotion of the use of digital identities.
Article 9.18. Cooperation
1. Recognising the importance of digital trade to their collective economies, the Parties shall endeavour to maintain a dialogue on regulatory matters relating to digital trade with a view to sharing information and experiences, as appropriate, including on related laws, regulations, and their implementation, and best practices with respect to digital trade, including in relation to:
(a) online consumer protection;
(b) personal data protection;
(c) anti-money laundering and sanctions compliance for digital trade; (d) unsolicited commercial electronic messages;
(e) authentication;
(f) intellectual property concerns with respect to digital trade;
(g) challenges for small and medium-sized enterprises in digital trade;
(h) digital government; and
(i) other areas as mutually agreed by the Parties.
2. The Parties have a shared vision to promote secure digital trade and recognise that threats to cybersecurity undermine confidence in digital trade. Accordingly, the Parties recognise the importance of:
(a) Building the capabilities of their government agencies responsible for computer security incident response, including through exchange of best practices;
(b) Using collaboration mechanisms to cooperate on matters that affect the cybersecurity of the digital infrastructure of the Parties with an aim to build a safe and secure cyberspace; and
(c) Promoting the development of a strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications.
Chapter 10. INVESTMENT
Article 10.1. UAE-Cambodia Bilateral Investment Treaty
1. The Parties reaffirm their commitments under the Agreement Between the United Arab Emirates and the Kingdom of Cambodia on the Promotion and Reciprocal Protection of Investments, done at Phnom Penh, Cambodia, on 27 July 2017 (DAE-Cambodia Bilateral Investment Agreement) and any subsequent upgrading or amendment thereto. Furthermore, the Parties renew their commitments under the Cambodia-UAE Investment Agreement to foster fruitful cooperation in attracting and facilitating two-way investments.
2. The Parties agreed to upgrade the existing DAE-Cambodia Bilateral Investment Agreement to be more comprehensive in coverage, encompassing promotion, facilitation, and cooperation of investments in future endeavors.
3. Any subsequent upgrading or amendments of the DAE-Cambodia Bilateral Investment Agreement shall be incorporated as part of this Chapter.
Article 10.2. Promotion of Lnvestment
1. The Parties affirm their desire to promote an attractive investment climate and expand trade in goods and services. Consistent with Article 2 (Promotion and encouragement of investments) of the DAE-Cambodia Bilateral Investment Agreement, the Parties shall take appropriate measures to encourage and facilitate the flow of investments, goods and services, and to secure favorable conditions for long-term economic development and diversification of trade between the two countries.
2. Further to Article 2 (Promotion and encouragement of investments) of the Cambodia-DAE Investment Agreement and subject to their laws and regulations, the Parties shall cooperate to promote investments through, amongst others:
(a) identifying investment opportunities;
(b) intensifying investment promotion campaigns;
(c) sharing information on measures to promote investment abroad, to the extent possible;
(d) exchanging of information on their investment laws, regulations, and policies, to the extent possible;
(e) encouraging an environment conducive to increasing investment flows in order to promote linkages between their investment promotion agencies with a view to promoting bilateral investments;
3. Recognising that facilitating outbound investments of enterprises is a key pillar of bilateral cooperation, the Parties shall intensify their collaboration in this area. To this effect, the Parties shall endeavour to identify and share information on potential outgoing investment sectors and activities and encourage their enterprises to invest in the other Party.
Article 10.3. Facilitation Oflnvestment
1. Subject to its laws and regulations, each Party shall endeavour to facilitate investments from the other Party through, amongst others:
(a) improving the transparency and efficiency of its domestic investment environment, with the aim of facilitating quality investment between the Parties.
(b) creating the necessary environment for all forms of investment including but not limited to the creation of favourable conditions for financial transfers for any investment project; (c) simplifying procedures for investment applications and approvals;
(d) promoting the dissemination of investment information, including, but not limited to, investment rules, regulations, policies, other bilateral and multilateral free trade agreements, and procedures; and
(e) enhancing one-stop investment arrangements s to provide assistance and advisory services to the business sectors including facilitation of operating licences and permits.
2. Subject to the domestic laws and regulations, each Party shall make available to investors of the other Party the measures prescribing the formalities of establishing an investment. Each Party shall protect any confidential business information from any disclosure that would prejudice the competitive position of the investor or the investment. Nothing in this paragraph shall be construed to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its domestic law.
3. Each Party shall endeavour to inform the other Party of measures related to investment facilitation that it adopts in the future or when it enters into bilateral, regional, and international agreements relating to investment facilitation.
Article 10.4. Responsible Business Conduct
1. Each Party shall encourage investors and enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate into their business practices and internal policies internationally-recognized principles, standards and guidelines ofresponsible business conduct that have been endorsed or are supported by that Member.
2. In accordance with its legal system, each Party should encourage investors or enterprises operating within its territory to undertake and maintain meaningful engagement and dialogue, in accordance with international responsible business conduct principles, standards and guidelines that have been endorsed or are supported by that Party.
3. Each Party recognises the importance of investors and enterprises implementing due diligence in order to identify and address adverse impacts, such as on the environment and labour conditions, in their operations, their supply chains and other business relationships.
4. The Parties agree to exchange information and best practices, to the extent possible, on ways to facilitate the uptake by enterprises and investors of responsible business practices and reporting, in the Committee of Investment.
Article 10.5. Non-derogation of Health, Safety and Environmental Measures
1. Recognising the importance of promoting investment for green growth, the Parties shall refrain from encouraging investment by investors of the other Party through the relaxation of environmental measures. To this effect, each Party should not waive or otherwise derogate from such environmental measures as an encouragement for the establishment, acquisition or expansion of investments in its territory.
2. The Parties recognise that it is not appropriate to encourage investment by relaxing domestic measures relating to health, safety, the environment, or other regulatory objectives. Accordingly, no Party shall relax, waive or otherwise derogate from, or offer to relax, waive or otherwise derogate from, such measures in order to encourage the establishment, acquisition, expansion or management of the investment of an investor in its territory. If a Party considers that the other Party has offered such an encouragement, it may request consultations with the other Party and the Parties shall consult with a view to avoiding such encouragement.
3. The Parties reaffirm the right of each Party to regulate within its territory to achieve legitimate policy objectives, such as with respect to the protection of the environment and addressing climate change; social or consumer protection; or the promotion and protection of health, safety, gender equality, and cultural diversity.
Article 10.6. Committee on Investment
The Parties shall establish a United Arab Emirates-Cambodia Committee on Investment which shall be composed of representatives of both Parties. The side of the United Arab Emirates will be chaired by the Undersecretary of the Ministry of Finance or the authorized representatives and the side of Cambodia will be chaired by the Secretary General of the Council for the Development of Cambodia or his authorized representatives. The Committee may establish working groups as the Parties deem necessary.
Article 10.7. Objectives of the Committee
1. The objectives of the Committee are as follows:
(a) to promote and enhance economic cooperation between the Parties;
(b) to monitor trade and investment relations, to identify opportunities for expanding investment, and to identify issues relevant to investment that may be appropriate for negotiation in an appropriate forum;
(c) to hold consultations on specific investment matters of interest to the Parties;
( d) to work toward the enhancement of investment flows; (e) to identify and work toward the removal of impediments to investment flows; and
(f) to seek the views of the private sector, where appropriate, on matters related to the work of the Committee.
2. For further clarification, the Committee shall not undertake the role of "Settlements of Investment Disputes between an Investor of a Contracting Party and the other Contracting Party" as established by the DAE-Cambodia Bilateral Investment Agreement.
Article 10.8. Role of the Committee
1. The Committee shall meet at such times and venues as agreed by the Parties, but the Parties shall endeavor to meet no less than once per year. A Party may refer a specific trade or investment matter to the Committee by delivering a written request to the other Party that includes a description of the matter concerned. The Committee shall take up the matter promptly after the request is delivered unless the requesting Party agrees to postpone discussion of the matter.
2. The Parties shall endeavor to provide the opportunity for the Committee to discuss a matter before taking actions that could affect adversely the trade or investment interests of the other Party.
3. The functions of the Committee shall be:
(a) to act as the contact point of investment issues raised from this Chapter;
(b) to discuss and review the implementation and operation of this Chapter;
(c) to discuss any other investment-related matters concerning this Chapter; and
(d) to discuss the measures adopted or maintained for the purpose of encouraging favourable conditions for investors of the Parties.
4. The Committee may, as necessary, make appropriate recommendations by consensus to the Parties for the more effective functioning or the attainment of the objectives of this Agreement.
5. The Committee shall be composed of representatives of the Parties. The Committee shall determine its own rules of procedure to carry out its functions.
6. The Committee, upon mutual consent of the Parties, may hold joint meetings with the private sectors.
7. Party shall establish or maintain one or more focal points or appropriate mechanisms.
8. Parties may assign additional functions to the focal points or appropriate mechanisms established under this Article such as to seek to resolve problems of investors or persons seeking to invest that may arise regarding measures covered by this chapter or recommend measures to improve the investment environment.
Article 10.9. Non-Application of Dispute Settlement
1. Neither Party shall have recourse to dispute settlement for any issue arising from or relating to this Chapter.
2. This Chapter shall not serve as a means to interpret any provision of an international investment agreement of a Party, and shall not be used as the basis for a claim or in any way by a claimant under the procedures for the resolution of investment disputes between investors and states provided for in an international investment agreement of a Party.
Chapter 11. INTELLECTUAL PROPERTY
Section A. General Provisions
Article 11.1. Definitions
For the purposes of this Chapter: Intellectual property embodies:
(a) copyright, including copyright in computer programs and in databases, and related rights;
(b) patents and utility models;
(c) trademarks;
(d) industrial designs;
(e) layout-designs (topographies) of integrated circuits;
(f) geographical indications; and
(g) plant varieties;
National means, in respect of the relevant right, a person of a Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 11.5 or the TRIPS Agreement; and
WIPO means the World Intellectual Property Organization.
Article 11.2. Objectives
The protection and enforcement of intellectual property rights should contribute to the promotion of trade, investment, technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance ofrights and obligations.
Article 11.3. Principles
Nothing in this Chapter shall prevent a Party from adopting appropriate measures to prevent the abuse of intellectual property rights by right holders or the resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology provided that such measures are consistent with this Agreement.
Article 11.4. Nature and Scope of Obligations
Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection or enforcement does not contravene the provisions of this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.
Article 11.5. International Agreements
1. The Parties reaffirm their obligations set out in the following multilateral agreements:
(a) Patent Cooperation Treaty of 19 June 1970, as revised by the Washington Act of 2001;
(b) Paris Convention for the Protection of Industrial Property, done on 20 March 1883, as revised by the Stockholm Act of 1967;
(c) Berne Convention for the Protection of Literary and Artistic Works, done on 9 September 1886, as revised by the Paris Act of 1971 (Berne Convention);
(d) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done in Madrid, on 27 June 1989;
2. Each Party shall endeavor to ratify or accede to each of the following agreements, if any party is not already a party to that agreement:
(a) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh, on 27 June 2013 (Marrakesh Treaty); and
(b) International Convention for the Protection of New Varieties of Plants, as revised in Geneva on 19 March 1991 (UPOV);
(c) WIPO Performances and Phonogram Treaty, done in Geneva on 20 December 1996 (WPPT);
(d) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, done at Rome on 26 October 1961;
(e) WIPO Copyright Treaty, done in Geneva on 20 December 1996 (WCT); and
(f) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done on 28 April 1977.
Article 11.6. Intellectual Property and Public Health
1. A Party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to its socio-economic and technological development, provided that such measures are consistent with the provisions of this Chapter.
2. The Parties recognise the principles established in the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 (Doha Declaration), the Hong Kong Ministerial Declaration adopted on 18 December 2005, and any amendment to the TRIPS Agreement to implement the Declaration on TRIPS and Public Health that enters into force with respect to the Parties by the Ministerial Conference of the WTO and confirm that the provisions of this Chapter are without prejudice to the Doha Declaration.