8. Each Party shall encourage enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate into their business practices and internal policies, internationally-recognised principles, standards and guidelines of responsible business conduct, in its environmental dimension, that have been endorsed or are supported by that Party.
Article 16.6. Cooperation on Labour Matters
Cooperation on Labour Matters
1. The Parties share the general common objective that trade liberalisation and investment facilitation should lead to job creation, decent work, and meaningful occupations for workers, with terms and conditions of employment that comply with the Party's obligations under the main labour principles of the International Labor Organization (ILO). Therefore, the Parties agree to cooperate in the labour field.
2. The Parties reaffirm their obligations as members of the ILO, in particular their respect for the principles of the ILO Declaration on Fundamental Principles and Rights at Work and its monitoring, and will work to ensure that their laws, regulations, policies and labour practices are in harmony with its international commitments.
3. Each Party shall respect the sovereign right of the other Party to establish, administer and enforce its own labour laws, regulations, policies and priorities, and shall ensure that its labour laws, regulations and policies are not used for protectionist trade purposes.
4. The Parties shall not seek to promote or obtain trade advantages by weakening or failing to apply or administer their labour laws, regulations and policies, in a manner that affects trade between the Parties.
5. Considering their national priorities and available resources, the Parties will jointly explore and determine areas of cooperation of mutual interest and benefit related to labour. These areas may include, but are not limited to:
(a) exchange of best practices and information on labour laws and practices, including the promotion of labour rights and obligations and decent work;
(b) consultations on labour matters, exchange of information and good practices in labour relations policies and cooperation in labour management;
(c) social security, health and occupational safety;
(d) development of human capital, training and employability;
(e) experiences regarding the relationship between trade and labour issues and employment, and
(f) such other matters as the Parties may agree, in accordance with their labour laws and regulations.
Forced or Compulsory Labour
6. Each Party recognises the goal of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour. The Parties agree to share information, experiences and good practices related to this matter.
Responsible Business Conduct
7. Each Party shall encourage enterprises operating within its jurisdiction to adopt policies of responsible business conduct that contribute to achieving sustainable development in its labour dimension, and are consistent with internationally-recognised principles, standards and guidelines that have been endorsed or are supported by that Party.
Article 16.7. Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, non-parties, to support the implementation of the Annual Work Programme.
Article 16.8. Means of Cooperation
The Parties shall endeavour to encourage technical, technological and scientific economic cooperation, through the following:
(a) joint organization of conferences, seminars, workshops, meetings, training sessions and outreach and education programmes;
(b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and governmental agencies, including study visits and internship programmes for professional training;
(c) dialogue and exchange of experiences between the Parties’ private sectors and agencies involved in trade promotion;
(d) dialogue and knowledge-sharing aiming to transfer experience and best practices in the field of government development and modernization, through any available programmes from both Parties, such as the UAE’s Government Experience Exchange Programme;
(e) promotion of joint business initiatives between entrepreneurs of the Parties, and
(f) any other form of cooperation that may be agreed by the Parties.
Article 16.9. Cooperative Framework
1. Recognizing the critical role of the private sector in leveraging the full potential of this Agreement, this Article establishes a voluntary framework for collaborative engagement between the respective Parties’ Chambers of Commerce, which aims to promote this Agreement and achieve tangible benefits.
2. This collaborative framework aims to include, but is not limited to:
(a) organization of seminars and workshops to educate their respective business communities of the operational aspects of this Agreement, share success stories and challenges;
(b) coordination of joint trade missions and networking events with a focus on establishing partnership and identifying joint venture opportunities, and
(c) providing support services to assist businesses of both Parties in understanding and utilising this Agreement.
3. For the purposes of this Article, the contact points shall be designated by the Joint Committee at its first meeting.
Article 16.10. Subcommittee on Economic Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Subcommittee on Economic Cooperation (“Subcommittee”) composed by government representatives of each Party.
2. The Subcommittee shall have the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop proposals for the Annual Work Programme and their implementation mechanisms;
(d) coordinate, monitor and review the progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter; (e) change the Annual Work Programme;
(f) cooperate with other subcommittees or subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter, and
(g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
Article 16.11. Corporate Social Responsibility
The Parties reaffirm the importance of each Party encouraging enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate into their internal policies those internationally-recognised standards, guidelines and principles of corporate social responsibility that have been endorsed or are supported by that Party.
Article 16.12. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 17. TRANSPARENCY
Article 17.1. Publication
1. Each Party shall publish or otherwise make publicly available, on the internet where feasible, its laws and regulations as well as its respective international agreements, which may affect the operation of this Agreement.
2. Each Party shall, within a reasonable period of time, respond to specific questions and, upon request, provide information to the other Party on matters referred to in paragraph 1.
Article 17.2. Confidential Information
1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of information designated as confidential by the other Party.
2. Nothing in this Agreement shall be construed as requiring a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
3. Where a Party provides information to the other Party in accordance with this Agreement and designates the information as confidential, the Party receiving the information shall maintain the confidentiality of the information. Such information shall be used only for the purposes specified and shall not be otherwise disclosed without the specific permission of the Party providing the information.
Article 17.3. Administrative Proceedings
With a view to administering its laws and regulations with respect to any matter covered by this Agreement in a consistent, impartial, objective, and reasonable manner, each Party, to the extent practicable and in accordance with its laws and regulations, endeavor to ensure in its administrative proceedings applying such measures to a particular person, good, or service of the other Party in specific cases that:
(a) wherever possible, a person of the other Party that is directly affected by such a proceeding is provided with reasonable notice, in accordance with its domestic procedures, of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in question, and
(b) wherever possible, a person of the other Party that is directly affected by such a proceeding is afforded a reasonable opportunity to present facts and arguments in support of that person’s position prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and it follows its procedures in accordance with its laws and regulations.
Article 17.4. Review and Appeal
1. Each Party may establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purposes of prompt review and, where warranted, correction of final administrative actions with respect to any matter covered by this Agreement, and in a manner consistent with its laws and regulations.
2. The provisions of paragraph 1 shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
Article 17.5. Measures Against Corruption
1. Each Party shall, in accordance with its laws and regulations, take appropriate measures to prevent and combat corruption with respect to any matter covered by this Agreement.
2. Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Article.
Article 17.6. Relation to other Chapters
This Chapter is without prejudice to the transparency provisions in other chapters of this Agreement.
Chapter 18. DISPUTE SETTLEMENT
Article 18.1. Definitions
For the purposes of this Chapter, the following definitions shall apply:
complaining Party means a Party that requests the establishment of a panel under Article 18.7;
consulting Party means a Party that requests consultations under Article 18.5, and
responding Party means a Party that has been complained against under Article 18.7.
Article 18.2. Cooperation
The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation or application.
Article 18.3. Scope
1. Unless otherwise provided in this Agreement, this Chapter shall apply with respect to the avoidance or settlement of disputes between the Parties regarding the implementation, interpretation or application of this Agreement, wherever a Party considers that:
(a) a measure of the other Party is inconsistent with its obligations under this Agreement, or
(b) the other Party has otherwise failed to carry out its obligations under this Agreement.
2. For greater certainty, this Chapter shall not apply to non-violation complaints and other situation complaints.
Article 18.4. Choice of Forum
1. If a dispute regarding any matter arises under this Agreement and under another international trade agreement to which the Parties are party, including the WTO agreement, the complaining Party may select the forum in which to settle the dispute.
2. Once a Party has selected the forum and initiated dispute settlement proceedings under this Chapter or under the other international agreement with respect to the measure referred to in paragraph 1, that Party shall not initiate dispute settlement proceedings in another forum with respect to that measure, unless both Parties agree to select another forum.
3. For the purposes of paragraph 2:
(a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 18.7;
(b) dispute settlement proceedings under the WTO Agreements are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement, and
(c) dispute settlement proceedings under any other agreement are deemed to be initiated when a Party requests the establishment of a dispute settlement panel in accordance with the relevant provisions of that agreement.
Article 18.5. Consultations
1. The consulting Party may request in writing consultations to the other Party with respect to any matter described in Article 18.3. The other Party shall accord due consideration to a request of consultations made by the consulting Party and shall accord adequate opportunity for such consultations.
2. The consulting Party shall deliver the request to the other Party, setting out the reasons for the request, including identification of the measure at issue and an indication of the legal basis for the complaint, and providing sufficient information to enable an examination of the matter. The Party to which a request for consultations is made shall, unless the Parties agree otherwise, reply in writing to the request no later than seven days after the date of its receipt of the request. That Party shall deliver its reply to the consulting Party and enter into consultations in good faith.
3. Unless the Parties agree otherwise, they shall enter into consultations no later than:
(a) 15 days after the date of receipt of the request for matters concerning perishable goods, or
(b) 30 days after the date of receipt of the request for all other matters.
4. Consultations may be held in person or by any technological means available to the Parties. If the consultations are held in person, they shall be held in the capital of the Party to which the request for consultations was made, unless the Parties agree otherwise.
5. The Parties shall make every effort to reach a mutually satisfactory resolution of the matter through consultations under this Article. To this end:
(a) each Party shall provide sufficient information to enable a full examination of how the measure at issue might affect the operation or application of this Agreement, and
(b) a Party shall treat any information received during the consultations that is designated as confidential on the same basis as the Party providing the information.
6. Consultations shall be confidential and without prejudice to the rights of a Party in any other proceedings.
Article 18.6. Good Offices, Conciliation and Mediation
1. The Parties may at any time agree to voluntarily undertake good offices, conciliation or mediation, or any alternative method of dispute resolution. Procedures for good offices, conciliation or mediation, or for any alternative methods of dispute resolution may begin at any time and may be terminated at any time by either Party.
2. If the Parties agree, the alternative method of dispute resolution referred to in paragraph 1 may continue while the matter is being examined by a panel established or reconvened under this Chapter.
3. Proceedings involving any alternative method of dispute resolution referred to in paragraph 1, as well as the positions taken by each Party during these proceedings, shall be confidential and without prejudice to the rights of a Party in any other proceedings.
Article 18.7. Establishment of a Panel
1. A Party that requested consultations under Article 18.5 may request in writing to the responding Party the establishment of a panel, if the Parties fail to resolve the matter within:
(a) 60 days after the date of receipt of the request for consultations under Article 18.5;
(b) 30 days after the date of receipt of the request for consultations under Article 18.5 in cases of urgency, including those which concern perishable goods, or
(c) any other period as the Parties may agree.
2. A panel shall not be established to review a proposed measure.
3. The complaining Party shall include in the request to establish a panel:
(a) an identification of the measure at issue;
(b) the legal basis of the complaint, including any provision of this Agreement alleged to have been breached and any other relevant provision, and
(c) the factual basis for the complaint.
4. The date of the establishment of a panel shall be the date on which the chair is appointed.
Article 18.8. Terms of Reference
Unless the Parties agree otherwise within 20 days of the date of receipt of the request for the establishment of the panel, the terms of reference of the panel shall be:
“To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of a panel pursuant to Article 18.7, and to make findings and determinations, and any jointly requested recommendations, together with the reasons therefor, as provided for in Article 18.14.”
Article 18.9. Composition of Panels
1. A panel shall be composed of three panellists.
2. Each Party shall, within 30 days of the date of receipt of the request for the establishment of a panel, appoint one panellist who may be its national and propose up to three candidates to serve as the third panellist who shall be the chair of the panel. The third panellist shall not be a national of either Party, nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity.
3. The Parties shall agree on and appoint the third panellist within 45 days of the date of receipt of the request for the establishment of a panel, taking into account the candidates proposed pursuant to paragraph 2.
4. If a Party has not appointed a panellist pursuant to paragraph 2 or if the Parties fail to agree on the appointment of the third panellist pursuant to paragraph 3, the panellist or panellists not yet appointed shall be chosen within seven days by lot from the candidates proposed pursuant to paragraph 2.
5. All panellists shall:
(a) have expertise or experience in law, international trade or other matters covered by this Agreement or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability and sound judgment;
(c) be independent of, and not be affiliated with or take instructions from, any Party, and
(d) comply with the Code of Conduct to be established by the Joint Committee after the entry into force of this Agreement, pursuant to Article 20.3.1(g) (Functions of the Joint Committee).
6. An individual shall not serve as a panellist for a dispute in which that person has participated under Article 18.6, unless the Parties agree otherwise.
7. If a panellist appointed under this Article becomes unable to act, resigns or needs to be replaced because that panellist does not comply with the Code of Conduct to be establish by the Joint Committee after the entry into force of this Agreement, a successor shall be appointed within 15 days in accordance with paragraphs 2, 3 and 4. The successor shall have all the powers and duties of the original panellist. The work of the panel shall be suspended until the successor is appointed, and all the time frames set out in this Chapter and in the Rules of Procedure shall be extended by the amount of time that the work was suspended. 1.
Article 18.10. Functions of Panels
1. The panels shall make an objective assessment of the matter before it, which includes:
(a) the facts of the case;
(b) the applicability of, and conformity with, this Agreement that are relevant to the matter before the panel, and
(c) whether the measure of the responding Party is inconsistent with its obligations under this Agreement or whether the responding Party has otherwise failed to carry out its obligations under this Agreement, as appropriate.
2. The panel shall make the findings, determinations and recommendations as are called for in its Terms of Reference and necessary for the resolution of the dispute.
3. A panel shall take its decisions by consensus, except that, if a panel is unable to reach consensus, it may take its decisions by majority vote.
4. A panel established under this Chapter shall interpret this Agreement in accordance with the customary rules of treaty interpretation of public international law. With respect to any provision of the WTO Agreement that has been incorporated into this Agreement, the panel may also consider relevant interpretations in reports of WTO panels and the Appellate Body adopted by the WTO Dispute Settlement Body.
5. The findings, determinations and, if applicable, any recommendations of the panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.
6. Unless the Parties agree otherwise, the panel shall perform its functions and conduct its proceedings in a manner consistent with this Chapter and the Rules of Procedure referred to in Article 18.11.9.
Article 18.11. Proceedings of Panels
1. The panels shall meet in closed session. The meetings of the panels with the Parties shall be closed to the public. The panels shall hold their hearings in closed session.
2. All notifications, requests and replies made pursuant to this Chapter shall be in writing.
3. The panels established under this Chapter shall, after consulting the Parties, set out their respective timeframes, including precise deadlines for submissions by the Parties, in accordance with the Rules of Procedure referred to in paragraph 9.
4. The Parties shall have the opportunity to provide at least one written submission to set out the facts, arguments and counter-arguments, and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the panels, including any comments on the interim report and responses to questions put by the panels, shall be made available to the other Party.
5. After notifying the Parties, and subject to such terms and conditions as the Parties may agree, if any, within 10 days, the panels may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter. The panels shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
6. The deliberations of the panels and the documents submitted to them shall be kept confidential. The Parties shall be present only when invited by the panels to appear before them. There shall be no ex parte communications with the panels concerning matters under consideration by them.
7. Notwithstanding paragraph 6, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential, the information and written submissions submitted by the other Party to the panel which that other Party has designated as confidential. If a Party has provided information or written submissions designated to be confidential, that Party shall, within 28 days of a request of the other Party, provide a non- confidential summary of the information or written submissions.
8. Before the panel presents its final report, if the Parties agree, the panel may at any stage of the proceedings propose the Parties that the dispute be settled amicably.
9. The Joint Committee shall adopt the Rules of Procedure which provide for the details of the rules and procedures of the panels established under this Chapter, upon the entry into force of this Agreement. Unless the Parties agree otherwise, the panel shall follow the Rules of Procedure adopted by the Joint Committee and may, after consulting the Parties, adopt additional rules of procedure not inconsistent with the Rules of Procedure adopted by the Joint Committee.