(d) Coordinate with national cooperation agencies the invitation, as appropriate, of international donor institutions, private sector entities, non-governmental organizations, or other relevant institutions, to support the development and implementation of cooperation and capacity building activities;
(e) Establish in conjunction with national cooperation agencies ad hoc working groups, as appropriate, which may include both governmental and non-governmental representatives;
(f) Coordinate with other committees, and in coordination with national cooperation agencies, working groups, and any other subsidiary bodies 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) Participate in other activities that the Parties may agree upon.
4. The Committee shall meet within one year from the date of entry into force of this Agreement, and thereafter as required.
5. The Committee shall take minutes of its meetings, including decisions and next steps, and, as appropriate, report to the Commission.
Article 13.6. Resources
The Parties shall provide, within the limits of their own capabilities and through their own means, adequate resources, subject to availability, for the fulfillment of the objectives of this Chapter.
Article 13.7. Non-application of Dispute Settlement
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 14. GENDER AND TRADE
Article 14.1. General Provisions
1. The Parties recognize the importance of gender mainstreaming in promoting inclusive economic growth, as well as the instrumental role that gender policies can play in achieving greater sustainable socio-economic development. Inclusive economic growth seeks to benefit the entire population through more equitable participation of men and women in business, industry, and the labor market.
2. The Parties recognize the importance of encouraging gender equality policies and practices, improving the capacities and developing the potential of the Parties in this area, including the non-governmental sector, to advance equal rights, treatment, and opportunities between men and women and the elimination of all forms of discrimination against women, based on sex, ethnicity, race, color, national or social origin, sexual orientation, gender identity, age, creed, political or other opinion, economic status, or any other social, family, or personal condition.
3. The Parties recognize that international trade is an engine for development and that improving women's access to opportunities within their territories to participate in the national and international economy contributes to sustainable economic development.
4. Each Party reserves the right to establish, modify, and monitor compliance with its gender standards and policies in accordance with its priorities.
5. The Parties also reaffirm their commitment to effectively implement their regulations, policies and good practices related to gender equity and equality.
6. Each Party shall promote internally public awareness of its standards, policies, and practices relating to gender equity and equality.
Article 14.2. International Conventions
The Parties confirm their intention to continue their efforts to implement, from a rights perspective, their respective international commitments on gender. In particular, those priority agreements related to equal pay for men and women, maternity protection, reconciliation of work and family life, decent work for domestic workers, family responsibility, among others.
Article 14.3. Cooperation Activities
1. The Parties recognize the benefit of sharing their diverse experiences in designing, implementing, and strengthening programs to promote the participation of women in the national and international economy.
2. Accordingly, the Parties shall carry out cooperative activities aimed at enhancing the capacity of women, including workers, entrepreneurs and business people, to access and benefit fully from the opportunities created by this Agreement.
3. Cooperation shall be carried out on topics agreed by the Parties, through the interaction of government institutions, and business, labor, educational, research, and other civil society organizations in each Party, as appropriate, to identify potential areas of cooperation and develop activities of mutual interest.
4. Areas of cooperation may include, but are not limited to
(a) Programs aimed at promoting the development of women's skills and competencies in the labor, business and social fields;
(b) Improving women's access to technology, science and innovation
(c) Promoting financial inclusion and education;
(d) Development of women's leadership networks;
(e) Best labor practices for the incorporation and permanence of women in the labor market;
(f) Promoting the participation of women in decision-making positions in the public and private sectors;
(g) Promotion of female entrepreneurship;
(h) Health and safety at work;
(i) Care policies and programs with a gender and social co-responsibility perspective, and
(j) Statistical indicators, methods and procedures with a gender perspective.
5. The Parties may carry out activities in the areas of cooperation established in paragraph 4, through
(a) Workshops, seminars, dialogues and other forums for exchange knowledge, experiences and best practices;
(b) Internships, visits and research studies to document and study policy and practice;
(c) Collaborative research and development related to best practices in matters of mutual interest;
(d) Specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) Other forms as agreed by the Parties.
6. This cooperation will take into account the priorities and needs of each Party, as well as the available resources. The financing of cooperation activities will be decided on a case-by-case basis by the Parties, which will exchange lists with their areas of interest and specialization.
Article 14.4. Gender Committee
1. The Parties hereby establish a Gender Committee (hereinafter referred to as the "Committee"), composed of representatives of their government institutions responsible for relevant gender and trade issues in each Party.
2. The Committee shall:
(a) Facilitate the exchange of information on the experiences of the Parties with respect to the formulation and implementation of national policies aimed at the integration of the gender perspective that will allow for the greatest possible benefits of this Agreement;
(b) Facilitate the exchange of information on the experiences and lessons learned by the Parties through cooperative activities carried out under Article 13.4 (Cooperative Activities)
(c) Discuss any proposals for future joint activities in support of gender and trade-related development policies;
(d) Invite, as appropriate, international donor institutions, private sector entities, non-governmental organizations, or other relevant institutions to assist in the development and implementation of cooperation activities;
(e) Consider issues related to the implementation and operation of this chapter;
(f) To address, at the request of any Party, any matter arising in connection with the interpretation and application of this Chapter; and
(g) Carry out other functions as agreed by the Parties.
3. The Committee shall meet within one year from the date of entry into force of this Agreement, and thereafter as necessary at the request of either Party.
4. The Committee and the Parties may exchange information and coordinate activities through the use of e-mail, video conferences, or other means of communication.
5. In carrying out its functions, the Committee may work with other committees, working groups and any other subsidiary bodies established under this Agreement.
6. Each Party may consult with representatives of its public sector and non-governmental sector on matters relating to the operation of this Agreement by any means that that Party deems appropriate.
7. The Parties may decide to invite relevant experts or organizations to provide information to the meetings of the Committee.
8. Within three years of the entry into force of this Agreement, the Parties shall review the implementation of this Chapter and report to the Commission.
9. Each Party, if appropriate, may develop mechanisms for reporting on activities carried out under this Chapter in accordance with its standards, policies, and practices.
10. In order to facilitate communication between the Parties for the implementation of this Chapter, each Party hereby designates its point of contact. Each Party shall promptly notify the other Party of any changes to its contact point, which is identified below:
(a) In the case of Chile, through the Directorate General of International Economic Relations, or its successor, and
(b) In the case of Uruguay, the Ministry of Foreign Affairs through the General Directorate for International Economic Affairs, or its successor.
Article 14.5. Consultations
The Parties shall make every effort through dialogue, consultation, and cooperation to resolve any issues that may arise regarding the interpretation and application of this Chapter.
Article 14.6. Non-application of Dispute Resolution
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 15. REGULATORY COHERENCE
Article 15.1. Definitions
Regulatory coherence refers to the use of good regulatory practices in the process of planning, design, issuance, implementation and review of regulatory measures, in order to facilitate the achievement of national policy objectives and the efforts of governments to improve regulatory cooperation, to promote those objectives, and to promote international trade, investment, economic growth and employment.
Regulatory measure means a measure of general application adopted by regulatory authorities and with which compliance is mandatory.
Covered regulatory measure means the regulatory measure determined by each Party that is subject to this Chapter, in accordance with Article 15.3.
Article 15.2. General Provisions
The Parties confirm the importance of the following:
(a) Maintain and enhance the benefits of this Agreement through regulatory consistency, in terms of facilitating increased trade in goods and services and investment between the Parties;
(b) The sovereign right of each Party to identify its regulatory priorities and to establish and implement regulatory measures to address those priorities, at the levels the Parties deem appropriate;
(c) The role of regulation in achieving public policy objectives;
(d) To offer interested persons the opportunity to make contributions in the development of regulatory measures, taking them into account, as far as possible and according to the legal regime of each of the Parties;
(e) Encourage regulatory cooperation and capacity building between the Parties, and
(f) Develop regulatory cooperation and capacity building between the Parties.
Article 15.3. Scope of Regulatory Measures Covered
Each Party shall, no later than three years after the date of entry into force of this Agreement, determine and make publicly available the scope of its regulatory measures covered. In determining the scope of covered regulatory measures, each Party should seek to achieve meaningful coverage.
Article 15.4. Coordination and Review Processes or Mechanisms
1. The Parties recognize that regulatory consistency can be facilitated through national mechanisms that enhance inter-agency consultation and coordination associated with the regulatory development and review processes. Accordingly, each Party shall seck to ensure processes or mechanisms to facilitate domestic inter-agency coordination and review of proposed regulatory measures covered. Each Party should consider establishing and maintaining a national or central coordinating body for this purpose.
2. The Parties recognize that while the processes or mechanisms referred to in paragraph 1 may vary depending on the respective legal regimes of the Parties, they should generally have as their primary characteristic the ability to
(a) Review proposals for covered regulatory measures to determine the extent to which the development of these measures adheres to good regulatory practice, which may include, but is not limited to, those set out in Article 15.5, and make recommendations based on that review;
(b) Strengthen consultation and coordination among national authorities to identify possible overlaps, duplications, and prevent the creation of inconsistent requirements among agencies;
(c) Make recommendations for systemic regulatory improvements; and
(d) Report publicly on the revised regulatory measures, any proposed systemic regulatory improvements, and any updates on changes to the processes and mechanisms referred to in paragraph 1.
Article 15.5. Implementation of Major Good Regulatory Practices
1. To assist in the design of a measure that best achieves the Party's objective, each Party generally should encourage competent regulatory authorities, in accordance with its legal system, to conduct regulatory impact assessments when developing proposals for covered regulatory measures that exceed a threshold of economic or other regulatory impact, as the case may be, as established by the Party. The regulatory impact assessments can involve a range of procedures to determine potential impacts.
2. Recognizing the institutional differences between the Parties, both should encourage the conduct of regulatory impact assessments in order to achieve, inter alia, the following objectives:
(a) Assess the need for a regulatory proposal, including a description of the nature and importance of the problem;
(b) Examine viable alternatives, including, to the extent possible and in accordance with their legal system, their costs and benefits, such as the risks involved, as well as the distribution of impacts, recognizing that some of the costs and benefits are difficult to quantify and monetize
(c) If possible, explain the reasons for concluding that the selected alternative meets the policy objectives in an efficient manner, including, as appropriate, reference to costs and benefits, as well as possibilities for managing risks; and
(d) Based on the best available information that can reasonably be obtained, including relevant scientific, technical, economic, or other information, within the limits of the authorities, mandates, and resources of the respective regulatory authorities.
3. When conducting regulatory impact assessments, the Party may consider the potential impact of proposed regulation on SMEs.
4. Each Party should ensure that new regulatory measures covered are written simply and are clear, concise, well organized and easy to understand, recognizing that some measures address technical issues and that relevant expertise may be required to understand and apply them.
5. In accordance with its legal system, each Party should ensure that competent regulatory authorities provide public access to information on new regulatory measures covered, and where possible, make such information available on the Internet.
6. Each Party should review, at intervals it deems appropriate, its covered regulatory measures to determine whether there are specific measures it has implemented that should be modified, simplified, expanded, or repealed, in order to make its regulatory regime more effective in achieving that Party's policy objectives.
7. Each Party should, in a manner it considers appropriate and in accordance with its legal system, provide annual public notice of any regulatory action cover that it reasonably expects its regulatory authorities to issue during the following twelve months.
8. To the extent deemed appropriate and in accordance with its legal system, each Party should encourage its competent regulatory authorities to consider scientific, policy, or regulatory references at the international, regional, and other levels.
Article 15.6. Regulatory Coherence Committee
1. The Parties hereby establish a Committee on Regulatory Coherence (hereinafter referred to as the "Committee"), composed of representatives of the Governments of the Parties.
2. The Committee shall consider issues related to the implementation and operation of this Chapter. The Committee shall also consider identifying future priorities, including potential sectoral initiatives and cooperative activities, involving matters covered by this Chapter and matters related to regulatory consistency covered by other Chapters of this Agreement.
3. In identifying future priorities, the Committee shall take into account the activities of other Committees, working groups and any other subsidiary bodies established under this Agreement and coordinate with them in order to avoid duplication of activities.
4. The Committee will ensure that its work on regulatory cooperation provides additional value to initiatives underway in other relevant forums and avoids undermining or duplicating such efforts.
5. Each Party shall, at the request of the other Party, designate and notify a point of contact to provide information regarding the implementation of this Chapter.
6. The Committee shall meet from the third year after the date of entry into force of this Agreement, and thereafter as required.
7. At least once every five years after the date of entry into force of this Agreement, the Committee shall consider developments in good regulatory practice and best practice in maintaining the processes or mechanisms referred to in Article 15.4.1, as well as the experiences of the Parties in implementing this Chapter, with a view to assessing the possibility of making recommendations to the Commission to improve the provisions of this Chapter, in order to further promote the benefits of this Agreement.
8. The Committee will establish appropriate mechanisms to provide opportunities for different stakeholders in the Parties, both public and private, to provide input on issues of interest for improving regulatory consistency.
Article 15.7. Cooperation
1. The Parties shall cooperate to facilitate the implementation of this Chapter and to maximize the benefits resulting from it in coordination with the Cooperation Committee established under Chapter 13 (Cooperation). Cooperative activities shall take into consideration the needs of each Party, and may include
(a) Information exchanges, dialogues or meetings;
(b) Inclusion of SMEs or business associations in the activities described in subparagraph (a);
(c) Training programs, seminars and other relevant assistance activities;
(d) Strengthening cooperation and other relevant activities among regulatory authorities, and
(e) Other activities that the Parties may agree upon.
2. The Parties further recognize that regulatory cooperation between them may be enhanced by, inter alia, ensuring that each Party's regulatory measures are available centrally.
Article 15.8. Notification of Implementation
1. With a view to providing greater transparency and serving as a basis for cooperative and capacity building activities under this Chapter, each Party shall submit a notification of implementation to the Committee through the contact points designated pursuant to Article 15.6.5, within three years of the date of entry into force of this Agreement, and at least once every four years thereafter.
2. In its initial notification, each Party shall describe the steps it has taken since the date of entry into force of this Agreement and the steps it intends to take to implement the provisions of this Chapter, including those directed at
(a) Establish processes or mechanisms to facilitate effective inter-agency coordination and review of proposed regulatory measures covered under Article 15.4;
(b) Encourage relevant regulatory authorities to conduct regulatory impact assessments in accordance with Articles 15.5.1 and 15.5.2, and
(c) Ensure that the regulatory measures covered are written and made available to the public in accordance with Article 15.5
3. In subsequent notifications, each Party shall describe the measures, including those set out in paragraph 2, that it has taken since the previous notification, and those that it plans to take to implement this Chapter.
4. In considering matters relating to the implementation and operation of this Chapter, the Committee may review the notifications made by each Party under paragraph 1. In the course of such review, the Parties may ask questions or discuss specific aspects of that Party's notification. The Committee may use its review and discussion of a notification as a basis for identifying opportunities for assistance and cooperative activities to provide support under Article 15.7 and Chapter 13 (Cooperation).
Article 15.9. Relationship to other Chapters
In the event of any conflict between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the conflict.
Article 15.10. No Application of Dispute Settlement
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 16. TRANSPARENCY AND ANTI- CORRUPTION
Section A. Definitions
Article 16.1. Definitions
For the purposes of this Chapter:
Acting or refraining from acting in relation to the performance of official functions includes any use of the public official's position, whether or not it is within the official's authorized competence;
official of an international public organization means an international public servant or any person authorized by an international public organization to act on its behalf;
public official means:
(a) Any person who holds a legislative, executive, administrative or judicial position in one of the Parties, whether by appointment or election, permanent or temporary, paid or unpaid, regardless of seniority;
(b) Any other person who performs a public function in one of the Parties, including in a public body or company, or provides a public service as defined in accordance with the legal system of the Parties and as applied in the corresponding area of the legal system. legal entity of that Party, or
(c) Any other person defined as a public official under the legal system of one of the Parties.
Foreign public official means any person who holds a legislative, executive, administrative or judicial position in a foreign country, at any level of government, whether by appointment or election, whether permanent or temporary, whether paid or unpaid, regardless of seniority. ; and any person who exercises a public function for a foreign country, at any level of government, including for a public body or company, and
Administrative resolution of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the scope of that decision or administrative interpretation and that establishes a norm of conduct but does not include:
(a) A determination or resolution issued in an administrative proceeding that applies to a particular person, good or service of the other Party in a specific case, or
(b) A ruling that decides with respect to a particular act or practice.
Section B. Transparency
Article 16.2. Publication
1. Each Party shall ensure that its rules, procedures and administrative resolutions of general application of the central level of government (1) with respect to any matter covered by this Agreement are promptly published or made available to the public, in a manner that allows the interested persons and the other Party to know its content.
2. According to its legal system, each Party shall:
(a) Publish in advance any measure referred to in paragraph 1 that it proposes to adopt or modify, and