@ information and communication technology; and
@ other matters, as agreed upon between the Parties.
3. Trade Promotion: the Parties shall cooperate in promoting trade and investment activities through government agencies or other bodies. Such cooperation may include, but is not limited to, organizing trade and investment promotion activities, such as trade and investment missions, regular business seminars and fora.
4. Agriculture, Forestry and Fisheries: the Parties, recognizing the existence of opportunities for collaboration and technical cooperation in agriculture, forestry and fisheries and aquaculture, agroindustry, food security, ecotourism and investment in farms and facilities, shall establish cooperation for mutual benefit of the Parties.
5, Electronic Commerce: the Parties, recognizing the fundamental role of electronic commerce in facilitating and expanding trade, shall cooperate to promote the development of electronic commerce with a view to obtaining the maximum benefit of the use of electronic commerce. Such cooperation may include, but is not limited to, assisting small and medium enterprises development in electronic commerce sector, enhancing electronic commerce development policy and regulations and addressing challenges related to the development and use of electronic commerce.
6. Technical Regulations, Standards and Conformity Assessment Procedures: the Parties, recognizing the important role of technical regulations, standards and conformity assessment procedures in facilitating trade in goods, shall, on the basis of mutual benefit, strengthen their cooperation thereon. Such cooperation may include, but is not limited to, the development of testing laboratories and an accreditation network as well as testing programs, and the development of technical regulations, standards and conformity assessment procedures in areas of mutual interest.
7. Sanitary and Phytosanitary Measures: the Parties, recognizing the importance of sanitary and phytosanitary (hereinafter referred to as âSPSâ) measures in minimizing their negative impact on trade, while protecting human, animal or plant life or health, shall establish cooperation for mutual benefit of the Parties.
8. Trade and Investment-Related Legal Framework: the Parties, recognizing the important role of trade and investment-related legal framework in facilitating trade and investment opportunities, with the financial and technical assistance mobilized and funded by the Parties, shall cooperate to develop and improve commercial legal frameworks. Such cooperation may include, but is not limited to, assisting the development of the legal system such as contract law, commercial law, food law, and other laws agreed upon by the Parties.
9. Infrastructure Development: the Parties shall explore opportunities to cooperate in areas including infrastructural construction development, construction technology and infrastructural construction design.
10. Industrial Development: the Parties shall promote customized industrial cooperation for mutual prosperity in areas including diversifying and upgrading their industrial structures, building energy infrastructure for industrial development and the industrial materials and construction facilities market to meet demand and supply.
11. Information and Communication Technology: the Parties, recognizing the rapid development, led by the private sector, of information and communication technology (hereinafter referred to as âICTâ) and of business practices concerning ICT-related services both in domestic and international contexts, shall cooperate to promote the development of ICT and ICT-related services with a view to obtaining the maximum benefit of the use of ICT. Such cooperation may include, but is not limited to, improving ICT policies, the creation of ICT-related services, the provision of e-government services, content development, network security and the protection of privacy, network infrastructure, creative and multimedia industries and ICT infrastructure development.
12. Cooperation to alleviate the economic impact of the pandemic is specified in Annex 6-A. Article 6.3: Capacity Building and Technical Assistance
The Parties, recognizing the development and capacity gaps between the Parties and the importance of capacity building for expanding trade and investment, shall develop capacity building and technical assistance activities,
as agreed upon by the Parties, to support the implementation of this Agreement and other areas as mutually agreed.
Article 6.4. Committee on Economic Cooperation6-3
1. For purposes of the effective implementation of this Chapter, a Committee on Economic Cooperation composed of government representatives of each Party shall be established.
2. The functions of the Committee shall include, but are not limited to, the following:
(a) developing and coordinating a Work Programme and its implementing mechanism;
(b) working with other Committees to establish and maintaining effective communication and coordination on economic cooperation activities and relevant issues; and
(c) monitoring and evaluating the implementation of the Work Programme to assess the progress of Work Programme, as well as providing recommendations to the Parties, where necessary, for improving the implementation.
Article 6.5. Work Programme
1. For purposes of this Chapter, the Work Programme means the list of economic and technical cooperation activities mutually determined by the Parties. The Work Programme shall be monitored by the Committee on Economic Cooperation for its effective implementation.
2. The Work Programme shall be developed by the Committee on Economic Cooperation in consultation with other established Committees in this Agreement, taking into consideration the priority areas of Economic Cooperation.
3. To encourage effective implementation and utilization of this Agreement, in the Work Programme the Parties will give priority to the forms of cooperation as below, to the extent possible:
(a) supporting human resources development, capacity building, technical assistance, exchanges of views and information, and financial support from available resources;
(b) raising public awareness of areas of mutual interest;
(c) enhancing access to information and opportunities for businesses;
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(d) conducting joint research and development as well as exchanges of experts;
(e) sharing experience, best practices and the best modality for development of sectors of mutual interest;
ff) formulating development policy and strategy; (g) transferring technology;
(h) conducting professional training programs and joint seminars to disseminate knowledge and experiences in legal practices, and formulating projects to improve trade and investment- related laws;
@ strengthening cooperation at relevant international and regional fora; and
@ other forms of cooperation as agreed upon by the Parties.
4. The Work Programme shall be modified by the Committee as and when necessary, subject to the consent of the Parties.
5. Each Party shall designate relevant officials as contact points for coordinating the implementation of the Work Programme after the entry into force of this Agreement. Each Party shall provide the contact details of their respective contact points, and notify promptly of any change in its contact points or any amendment to the details of its contact points.
6. The Parties shall explore opportunities to include priority investment projects in areas of mutual interest in the Work Programme as agreed upon by the Parties.
Article 6.6. Resources
1. The Parties shall provide resources for economic cooperation under this Chapter according to their mutual agreement.
2. The Parties shall utilize the existing financial channels, or other resources for the economic cooperation Work Programme under this Agreement in accordance with their respective domestic laws and regulations.
3. The Parties, on the basis of mutual benefit, may consider cooperation with, and contribution from:
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(a) â_ non-Parties, development partners; or
(b) sub-regional, regional, or international organizations or institutions,
that are interested in developing mutually beneficial cooperation and partnerships, to support the implementation of the Work Programme.
Article 6.7. Non-Application of Dispute Settlement
Dispute settlement mechanisms in this Agreement shall not apply to any matter arising under this Chapter.
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Annex 6-A Cooperation to Alleviate the Economic Impact of the Pandemicâ
General Provisions
1. The Parties acknowledge that the coronavirus (COVID-19) presents an unprecedented and severe global challenge to the health and well-being, livelihood and safety of people that requires a coordinated response to ensure the continued flow of goods, services and personnel in global supply chains.
2. The Parties recognize the potential for developing appropriate activities that reinforce efforts to alleviate the socioeconomic impact of the pandemic reserving policy space in line with their development objectives.
Working to Ensure the Flow of Goods in Global Supply Chains
3. The Parties acknowledge the importance of facilitating timely to the extent possible the transportation and customs clearances of essential goods, such as food, critical medical supplies and personal protection equipment in accordance with the Agreement on Trade Facilitation in Annex 1A to the WTO Agreement and domestic laws and regulations.
4. The Parties shall endeavor to refrain from the introduction of export prohibitions or restrictions, non-tariff barriers on essential goods, including food, pharmaceuticals, and critical medical supplies, ensuring that such measures are targeted, proportionate, transparent, temporary and consistent with the WTO rules.
Facilitating the Essential Movement of People
5. The Parties acknowledge the importance of facilitating the essential movement of people to the extent possible, including cross-border business travels, while safeguarding public health in line with their efforts to combat
the pandemic as well as minimize socioeconomic impacts of the pandemic.
6. The Parties also acknowledge the benefit of establishing guidelines to
âThe pandemicâ refers to a disease which the World Health Organisation (WHO) has declared a pandemic, such as COVID-19 on 11 March 2020.
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provide support and assistance to each other and to facilitate the movement of people, including essential cross-border travel to ensure business continuity in accordance with their domestic laws and regulations, and without undermining the efforts to prevent the spread of the virus.
7. The Parties shall endeavor to enhance cooperation to provide appropriate support and assistance to nationals of each other, especially the most vulnerable, who live, work, and study in the otherâs country, working towards the dignity, health and well-being, safety and fair and effective treatments of those affected by the pandemic as well as facilitating the movement of people as appropriate.
Strengthening Solidarity to Control the Spread of the Pandemic
8. The Parties recognize that the pandemic response requires worldwide solidarity and global effort, and reaffirm shared commitment to strengthen solidarity and mutual support to control the spread of the pandemic, by addressing its adverse impact on the societies and economies of both Parties.
9. The Parties recognize the importance of sharing information and experience in order to prevent and control the spread of the pandemic.
Minimizing the Negative Impacts on Trade and Investment Arising from the Pandemic to Facilitate an Inclusive, Sustainable and Resilient Economic Recovery
10. The Parties shall endeavor to develop and implement cooperation activities to minimize the negative impacts of the pandemic on trade and investment as mutually agreed by the Parties.
11. The Parties shall endeavor to provide relevant information and best ptactices in a timely manner to the extent possible when adopting a measure with a foreseeable impact on international trade and investment.
12. The Parties shall endeavor to implement joint initiatives with relevant
stakeholders that contribute to facilitating an inclusive, sustainable and resilient economic recovery of both Parties.
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Chapter CHAPTER SEVEN TRANSPARENCY
Article 7.1. Definitions for Purposes of this Chapter: Administrative Ruling of General Application Means an Administrative Ruling or Interpretation That Applies to All Persons and Fact Situations That Fall Generally Within Its Ambit and That Establishes a Norm of Conduct but Does Not Include:(a) a Determination or Ruling Made In an Administrative or Quasi-
judicial proceeding that applies to a particular person, good, or
service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or
practice. Article 7.2: Publication 1. Each Party shall ensure that its laws, regulations, procedures, and
administrative rulings of general application relating to any matter covered by this Agreement are promptly published or otherwise made publicly available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent possible and practicable, each Party, in accordance with its domestic laws and regulations, shall:
(a) publish in advance measures referred to in paragraph 1 that it proposes to adopt; and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on such proposed measures.
Article 7.3. Provision of Information
Upon request of a Party, the other Party shall, to the extent possible and ptacticable, promptly provide information and respond to questions pertaining to any actual or proposed measures referred to in Article 7.2 that the requesting Party considers might affect the operation of this Agreement, regardless of whether the requesting Party has been previously notified of that
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measure.
Article 7.4. Administrative Proceedings
With a view to administering in a consistent, impartial, and reasonable manner its laws, regulations, procedures, and administrative rulings of general application relating to any matter covered by this Agreement, each Party shall ensure, in its administrative proceedings, applying measures referred to in Article 7.2 to particular persons, goods, or services of the other Party in specific cases, that:
(a) wherever possible, in accordance with its domestic laws and regulations, persons of the other Party that are directly affected by a proceeding are provided reasonable notice 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 controversy;
(b) persons of the other Party that are directly affected by a proceeding are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with its domestic laws and regulations.
Article 7.5. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of administrative actions relating to any matter covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
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(b) a decision based on the evidence and submissions of record or, where required by its domestic laws and regulations the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided for in its domestic laws and regulations, that any decision referred to in subparagraph 2(b) shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Article 7.6. Cooperation on Promoting Increased Transparency and Combating Corruption
1. The Parties agree to cooperate in bilateral ways to promote transparency in respect of international trade and investment
2. The Parties affirm their resolve to combat bribery and corruption in international trade and investment in accordance with its applicable laws and regulations.
3. The Parties, subscribing to the principles of good administrative behavior, agree to cooperate in promoting regulatory quality and performance, including through exchange of information and best practices on their respective policies and regulations.
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Chapter CHAPTER EIGHT DISPUTE SETTLEMENT Article 8.1: Definitions for Purposes of this Chapter: Arbitration Panel Means a Panel Established Under Article 8.7;
arbitrator means a member of an arbitration panel established under Article 8.7;
candidate means an individual who is under consideration for appointment as the third arbitrator under Article 8.9;
complaining Party means a Party that requests the establishment of an arbitration panel under Article 8.7; and
Party complained against means the Party that is alleged to be in violation of this Agreement, as referred to in Article 8.3.
Article 8.2. Objective
1. The objective of this Chapter is to provide an effective, efficient, and transparent process for the avoidance and settlement of disputes arising under this Agreement.
2. The Parties shall at all times endeavor 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 raised in accordance with this Chapter.
Article 8.3. Scope
1. Except as otherwise provided in this Agreement, this Chapter shall apply with respect to the avoidance or settlement of disputes between the Parties regarding the interpretation or application of this Agreement wherever
a Party considers that:
(a) a measure adopted by the other Party is inconsistent with its obligations under this Agreement; or
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(b) the other Party has otherwise failed to carry out its obligations under this Agreement.
2. This Chapter shall not apply to Chapter Six (Economic Cooperation), Section B (Anti-Dumping and Countervailing Duties) in Chapter Five (Trade Remedies), Article 2.15 (Sanitary and Phytosanitary Measures) and Article 7.6 (Cooperation on Promoting Increased Transparency and Combating Corruption), and Annex 3-B (Treatment for Certain Goods).
Article 8.4. Choice of Forum
1. Where a dispute arises under this Agreement and under any other agreement to which both Parties are party, including the WTO agreement, the complaining Party may have recourse to dispute settlement procedures available under any of such agreements to settle the dispute.
2. Once the complaining Party has requested the establishment of, or referred a matter to, a dispute settlement panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of other fora.
Article 8.5. Consultations
1. Either Party may request consultations with the other Party with respect to any matter relating to the interpretation and application of this Agreement, pursuant to Article 8.3.1.
2. The Party requesting consultations shall make the request in writing and shall give the reasons for the request, including the identification of the specific measure at issue and an indication of the factual and legal basis for the complaint.
3. The Party complained against shall reply within 10 days from the date of the receipt of the request for consultations.
4. The Parties shall enter into consultations in good faith, with a view to reaching a mutually satisfactory solution, within 30 days or within 15 days in cases of urgency, including those concerning perishable goods, from the date of receipt of the request for consultations. Unless the Parties otherwise agree, consultations shall take place in the territory of the Party complained against.
5. During consultations, the Parties shall provide sufficient information to enable a full examination of how the measure at issue might affect the implementation and application of this Agreement. The Parties shall treat any confidential information exchanged in the course of consultations on the same
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basis as the Party providing the information.
6. Consultations under this Article shall be confidential and without prejudice to the rights of either Party in any further proceedings.
Article 8.6. Good Offices, Conciliation, or Mediation
1. Good offices, conciliation, and mediation are procedures that are undertaken voluntarily if the Parties so agree.
2. Good offices, conciliation, or mediation may be requested at any time by either Party. They may begin at any time by agreement of the Parties and be terminated at any time upon request of either Party.
3. If the Parties agree, good offices, conciliation, or mediation may continue while the proceedings of the arbitration panel provided for in this Chapter are in progress.
4. Proceedings involving good offices, conciliation, or mediation, and, in particular, positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
Article 8.7. Establishment of the Arbitration Panel
1. The complaining Party that made a request for consultations under Article 8.5 may request the establishment of an arbitration panel if:
(a) the Party complained against does not enter into consultations within 30 days, or within 15 days in cases of urgency including those concerning perishable goods, from the date of receipt of the request for such consultations; or
(b) the Parties fail to resolve the dispute through consultations within 60 days, or within 30 days in cases of urgency including those concerning perishable goods, from the date of receipt of the request for such consultations.
2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against. The complaining Party shall identify in its request, the specific measure at issue, and the factual and legal basis for the complaint sufficient to present the problem clearly.
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Article 8.8. Terms of Reference of the Arbitration Panel
Unless the Parties otherwise agree within 20 days from the date of receipt of the request for the establishment of an arbitration panel, the terms of reference of the arbitration panel shall be:
âTo examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.7, to make findings, determinations, and, if applicable, recommendations and to present written reports as provided in Articles 8.12 and 8.13.â
Article 8.9. Composition of the Arbitration Panel
1. Unless otherwise agreed by the Parties, an arbitration panel shall consist of three arbitrators.
2. The complaining Party and the Party complained against shall, within 30 days from the date of receipt of the request for the establishment of the arbitration panel, each appoint one arbitrator, who may be its national, and propose up to three candidates for appointment as the third arbitrator who shall be the chair of the arbitration panel. The candidates for the third arbitrator shall not be nationals of either Party, nor have their 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 endeavor to agree on and appoint the third arbitrator within 30 days of the appointment of the second arbitrator pursuant to paragraph 2, taking into account the candidates proposed. If the Parties fail to agree on and appoint the third arbitrator within this period, the Parties shall meet within the next seven days and select the chair by lot from the list of candidates proposed by both Parties.
4. The date of the establishment of an arbitration panel shall be the date on which the third arbitrator is appointed.
5. All arbitrators shall have expertise or experience in law, international trade, or other matters relating to this Agreement, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall be independent, serve in his or her individual capacities, and not be affiliated with, nor take instructions from, either Party or organization related to the dispute, and shall comply with Annex 8-B.