(c) regarding the infrastructure and skilled workforce needed to support a resilient supply chain for the sector or good;

(d) to relieve logistical bottlenecks relevant to the sector or good, including those resulting from issues with transportation to, from, and between ports of entry;

(e) to enhance connectivity, such as by improving air and port connections;

(f) regarding joint financing of investment projects that could increase the efficiency, productivity, and sustainability of the supply chain relevant to the sector or good;

(g) to accelerate business matching, with a particular emphasis on MSMEs, for the relevant sector or good;

(h) to facilitate the private sector's ability to understand and respond to supply chain vulnerabilities;

(i) to facilitate joint research and development to support the resilience and competitiveness of the supply chain for the sector or good; or

(j) to facilitate trade in the sector or good including to minimize or remove impediments to that trade.

14. Each Action Plan team shall seek to consult with and consider input and recommendations from a diverse set of relevant stakeholders, such as government authorities, the private sector, academia, non-governmental organizations, and representative workers’ organizations, to aid in the development of its recommendations.

15. Each Action Plan team should take into account activities already under way by central, regional, or local governments of the Parties to build supply chain resilience.

Article 7. IPEF Supply Chain Crisis Response Network

1. The Parties hereby establish an IPEF Supply Chain Crisis Response Network composed of a relevant senior official from the central level of government of each Party.

2. The IPEF Supply Chain Crisis Response Network shall:

(a) serve as an emergency communications channel to rapidly disseminate relevant information among the Parties during a supply chain disruption;

(b) facilitate cooperation on responses to supply chain disruptions, including the actions described in Article 12;

(c) consider the use of table-tops, stress tests, or similar exercises simulating a range of possible supply chain disruptions to provide the Parties with an opportunity to prepare and test strategies for responding to supply chain disruptions, and may share any conclusions from those exercises with the IPEF Supply Chain Council; and

(d) assess past experiences and existing policies and procedures to facilitate preparedness for, and responses to, supply chain disruptions and to minimize any negative impact of supply chain disruptions on IPEF supply chains, and may share any conclusions from those assessments with the IPEF Supply Chain Council.

3. Each Party shall notify the other Parties of its designated IPEF Supply Chain Crisis Response Network member as soon as practicable but no later than 30 days after the date of entry into force of this Agreement for that Party, and thereafter shall notify the Network of any change in its designated member as soon as practicable.

4. As soon as practicable but no later than 60 days after the date of entry into force of this Agreement, the IPEF Supply Chain Crisis Response Network shall, following approval by two- thirds of its members, elect a Chair to serve a two-year term. The Chair shall convene Network meetings and coordinate Network activities.

5. As soon as practicable but no later than 120 days after the date of entry into force of this Agreement, and following approval by consensus of the members of the IPEF Supply Chain Crisis Response Network, the Network shall establish terms of reference setting out procedures related to Network operations, including specifying under what circumstances a Party may request an emergency meeting at the Ministers or Leaders level and providing for review of the terms of reference.

6. The IPEF Supply Chain Crisis Response Network may periodically publish a non- confidential summary of its activities.

Article 8. IPEF Labor Rights Advisory Board

1. Recognizing the critical role that labor rights play in increasing the resilience, efficiency, productivity, sustainability, transparency, diversification, security, fairness, and inclusivity of IPEF supply chains, the Parties intend to:

(a) respect, promote, and realize, in good faith, labor rights in IPEF supply chains;

(b) create an environment that facilitates more opportunities for investment in enterprises that advance high standards for labor rights;

(c) identify opportunities for technical assistance and capacity building to assist with the promotion of labor rights in IPEF supply chains; and

(d) highlight practices that are improving conditions for workers in the economies of the Parties.

2. The Parties hereby establish an IPEF Labor Rights Advisory Board composed of three representatives for each Party: (a) a senior official from the central level of government who is responsible for labor matters; (b) a worker representative; and (c) an employer representative. Each Party shall invite, consistent with its domestic laws and regulations, worker and employer organizations in its territory credentialed at the most recent ILO International Labour Conference to select the Party's worker and employer representatives, respectively, for the Board. Such worker and employer representatives may participate in the Board only if they are subject to appropriate confidentiality requirements consistent with the requirements set out in Article 13.

3. Each Party shall notify the other Parties of its IPEF Labor Rights Advisory Board representatives no later than 30 days after the date of entry into force of this Agreement for that Party. A Party may replace a representative in accordance with paragraph 2 and shall notify the Board of the new representative as soon as practicable.

4. The Parties hereby establish a Subcommittee of the IPEF Labor Rights Advisory Board consisting of the government representatives on the Board.

5. No later than 60 days after the date of entry into force of this Agreement, the Subcommittee shall, following approval by two-thirds of its members, elect a Chair of the IPEF Labor Rights Advisory Board from among the members of the Subcommittee. The Chair shall serve a two-year term and may be re-elected for a second term. In no event shall a representative of a Party be elected as Chair if a representative of the same Party has served consecutive terms as Chair in any part of the preceding six-year period. The Chair shall coordinate Board activities and convene Board meetings, including at least one meeting annually.

6. No later than 120 days after the date of entry into force of this Agreement, the IPEF Labor Rights Advisory Board shall draft terms of reference setting out procedures related to its and the Subcommittee's operations, including procedures for decision-making, addressing conflicts of interest, forming working groups, and reviewing the terms of reference. The terms of reference shall be established following approval by consensus of the members of the Subcommittee.

7. The IPEF Labor Rights Advisory Board shall pursue its work with a view toward promoting sustainable trade and investment among the Parties, providing resources to businesses and other stakeholders to help identify opportunities and minimize risks, and strengthening the resilience of IPEF supply chains through the promotion of labor rights. Accordingly, the Board shall identify on an ongoing basis any labor rights concerns that it considers pose a significant risk to the resilience, efficiency, productivity, sustainability, transparency, diversification, security, fairness, or inclusivity of IPEF supply chains and shall develop recommendations to address such risks. The Board shall inform the IPEF Supply Chain Council of any identified concerns; recommendations to address the risks, including identifying opportunities for technical assistance and capacity building; and periodic updates to such recommendations.

8. The IPEF Labor Rights Advisory Board shall develop, in consultation with the ILO, up to two sector-specific technical reports annually on labor rights in IPEF supply chains. Each technical report must focus on a sector chosen by the Subcommittee and must include any relevant information specific to an economy as appropriate, a study of labor laws and labor practices in the economies of the Parties, an analysis of business practices that affect labor rights in the sector, and, where appropriate, a description of the practices of Parties or enterprises in the economies of the Parties that are improving conditions for workers in the sector. The Board shall provide a copy of each such report to the IPEF Supply Chain Council. Notwithstanding Article 13.3, the Board shall, following approval by two-thirds of the representatives, publish such reports, except for any information designated as confidential in accordance with Article 13.1.

9. To aid in the Parties' efforts to respect, promote, and realize, in good faith, labor rights, the IPEF Labor Rights Advisory Board may, following approval by two-thirds of the representatives, publish:

(a) business advisories on sectors with identified labor rights concerns that may significantly affect IPEF supply chains;

(b) best practice guides to help enterprises operating in IPEF supply chains implement due diligence guidance; (9)

(c) information to increase awareness of the importance of labor rights in IPEF supply chains and the tools and resources to help enterprises and Parties promote and protect labor rights; or

(d) periodic summaries of its activities.

10. The IPEF Labor Rights Advisory Board shall periodically review and, when appropriate, publish updates to business advisories and best practice guides published in accordance with paragraph 9.

Article 9. Addressing Facility-Specific Labor Rights Inconsistencies

1. For the purposes of this Article, subject facility means a facility that is located in the territory of a Party and operated by an enterprise that is not a microenterprise. (10)

2. The Parties recognize that labor rights inconsistencies in the economy of one Party can affect supply chains in the economy of another Party and recognize the critical role business practices play in protecting labor rights across IPEF supply chains.

3. Each Party intends to establish or maintain, consistent with its domestic law, a reporting mechanism to receive, including through electronic means, allegations of labor rights inconsistencies at subject facilities located in the territory of another Party, in accordance with this Article.

4. No later than 180 days after the date of entry into force of this Agreement, the Subcommittee shall develop guidelines for the operation of reporting mechanisms under paragraph 3. (11) The guidelines must include a common format for submitting to a Party's reporting mechanism an allegation of a labor rights inconsistency at a subject facility located in the territory of another Party, criteria to consider in assessing whether an allegation is adequately substantiated and likely to affect IPEF supply chains, procedures to manage parallel and duplicative proceedings, and procedures to avoid any abuse of process for the notifying and host Parties as specified in paragraph 7.

5. Consistent with its domestic laws and regulations and taking into account the guidelines developed pursuant to paragraph 4, each Party shall develop procedures for the receipt and consideration of allegations received through the reporting mechanism under paragraph 3, including the processes by which the Party shall ensure confidentiality in accordance with paragraphs 6 through 8; assess whether an allegation is adequately substantiated and likely to affect IPEF supply chains; manage parallel and duplicative proceedings; and avoid any abuse of process.

6. A Party receiving an allegation through its reporting mechanism under paragraph 3 shall maintain the confidentiality of the allegation and any supporting information, including any confidential business information, the name of the enterprise, any information that would identify a person providing information used in support of the allegation, and any information included in the allegation that would identify individual workers, except to the extent required by the Party's law.

7. A Party (the notifying Party) that receives through its reporting mechanism under paragraph 3 an allegation of a labor rights inconsistency that:

(a) was made by a person of a Party;

(b) occurred at a subject facility located in the territory of another Party;

(c) the notifying Party in good faith determines is adequately substantiated; and (

d) the notifying Party determines is likely to affect IPEF supply chains

is committed to providing, no later than 30 days after the date of receipt of the allegation, written notification of the allegation to the Party in whose territory the subject facility is located (the host Party). The notification must include the allegation but must not include any information that would identify a person who submitted the allegation or a person providing information used in support of the allegation, or any information that would identify individual workers. The host Party is committed to providing a written response to the notifying Party acknowledging receipt of the notification no later than 15 days after the date of receipt of the notification.

8. Following its receipt of a notification pursuant to paragraph 7, the host Party shall, consistent with its relevant domestic laws and regulations, review the allegation through efforts such as:

(a) engaging with the subject facility and its workers with regard to the facts in the allegation;

(b) obtaining other relevant information; and

(c) exploring options available to the subject facility to address the situation and engaging with the subject facility on such options.

Neither the notifying Party nor the host Party shall publicly disclose the allegation or their efforts to reach a resolution, except to the extent required by each Party's law.

9. No later than 60 days after the date it receives the notification pursuant to paragraph 7, the host Party is committed to providing a written update to the notifying Party on the host Party's review of the allegation, including any efforts by the host Party to address the allegation.

10. The host Party and the notifying Party are committed to engaging in dialogue in good faith to reach a resolution of the said allegation no later than 60 days after the date of transmission of the update under paragraph 9. Any such resolution of the allegation must be consistent with the host Party's domestic laws and regulations.

11. If, after 60 days from the date of transmission of the update under paragraph 9, taking into account any results of the review under paragraph 8, the host Party and the notifying Party have not reached a resolution of the said allegation in accordance with paragraph 10, the host Party and the notifying Party are committed to either:

(a) informing the Subcommittee of the allegation and the status thereof; or

(b) by mutual decision, continuing to work together in good faith with a view to reaching a resolution, in which case either Party may at any time elect to cease such work and inform the Subcommittee of the allegation and the status thereof.

12. After reviewing any information provided pursuant to paragraph 11, the Subcommittee may, following approval by two-thirds of its members:

(a) encourage the host and notifying Parties to continue to pursue efforts toward resolution of the allegation;

(b) in consultation with the IPEF Supply Chain Council, develop proposals to address any negative effects on IPEF supply chains resulting from the alleged labor rights inconsistency;

(c) engage on the matter with the International Labour Office and where appropriate the ILO country office; or

(d) identify opportunities for technical assistance and capacity building to address labor rights inconsistencies similar to those identified in the allegation.

13. The Subcommittee shall maintain a public list of all unresolved allegations of which it is notified pursuant to paragraph 11. For each such allegation, the list must identify:

(a) the notifying Party;

(b) the host Party;

(c) the sector in which the specific subject facility is operating; (d) the specific labor right that is the subject of the allegation; and (e) the date on which the allegation was added to the list.

The Subcommittee shall not identify the sector in which the subject facility is operating if listing the sector would by itself identify the subject facility.

14. An allegation shall be removed from the list under paragraph 13 if:

(a) a resolution has been reached; or

(b) the allegation has been on the list for at least four years and the Subcommittee, following approval by two-thirds of its members, decides to remove the allegation from the list.

Article 10. Identifying Critical Sectors or Key Goods

1. The Parties intend to develop a shared understanding of global supply chain risks, and to support this, each Party shall identify its critical sectors or key goods. Each Party intends to consult with and consider input and recommendations from a diverse set of relevant stakeholders as appropriate, such as the private sector, government authorities, academia, non-governmental organizations, and representative workers' organizations, to identify critical sectors or key goods.

2. In identifying its critical sectors or key goods, each Party intends to consider factors such as:

(a) the impact of a potential shortage on its national security, public health and safety, or prevention of significant or widespread economic disruptions;

(b) the level of dependence on a single supplier or a single country, region, or geographic location;

(c) geographic factors including actual or potential transport constraints, especially for its island or remote regions;

(d) the availability and reliability of alternative suppliers or supply locations; (e) the extent of imports required to meet domestic demand;

(f) the availability of domestic production capacity; or

(g) the extent of interconnectedness with other critical sectors or key goods.

3. Each Party shall, no later than 120 days after the date of entry into force of this Agreement for that Party and, following identification in accordance with paragraphs 1 and 2, notify the other Parties through the IPEF Supply Chain Council of that Party's initial list of critical sectors or key goods for cooperation under this Agreement. (12)

4. A Party may add, remove, or make changes to its list of critical sectors or key goods at any time, upon written notification to the other Parties through the IPEF Supply Chain Council.

Article 11. Monitoring and Addressing Supply Chain Vulnerabilities

1. Each Party intends to employ an evidence-based and data-informed approach to consider its supply chain vulnerabilities and to monitor import dependencies, prices (where appropriate and feasible), and trade volumes of its critical sectors or key goods.

2. The Parties intend to explore technical assistance and capacity building to support the development of their supply chain identifying and monitoring capabilities.

3. The Parties intend to exchange information to the extent possible regarding enterprises supplying key goods or operating within critical sectors notified by a Party in accordance with Article 10, with those enterprises' consent, to encourage additional business-to-business relationships within the economies of the Parties and further the resilience of IPEF supply chains.

4. The Parties intend to collaborate, as appropriate, in responding to cybersecurity incidents impacting critical sectors notified by a Party in accordance with Article 10. Such collaboration may include Computer Emergency Readiness Team (CERT)-to-CERT communications; the development of standard procedures around the sharing of incident data relating to detected attacks targeting critical sectors and infrastructure; incident response, including collective response where possible; and sharing remediation strategies.

Article 12. Responding to Supply Chain Disruptions

1. In the event of a supply chain disruption, or in the event that a Party expects an imminent supply chain disruption, a Party may request an emergency in-person or virtual meeting of the IPEF Supply Chain Crisis Response Network, which should meet as soon as practicable but no later than 15 days after the date when the Party requests such a meeting.

2. Upon its request for an emergency meeting of the IPEF Supply Chain Crisis Response Network, the Party experiencing a supply chain disruption, or expecting an imminent supply chain disruption, shall share the following information about the supply chain disruption through the Network as soon as practicable, if available, appropriate, and non-proprietary:

(a) the impact or expected impact of the supply chain disruption on the Party’s national security, public health and safety, or economy;

(b) the cause of the supply chain disruption;

(c) the expected duration of the supply chain disruption;

(d) what sectors are likely to be affected by the supply chain disruption;

(e) what measures the Party has taken or expects to take in response to the supply chain disruption; and

(f) what assistance would be helpful from other Parties.

3. Each Party is committed to supporting another Party's response to a supply chain disruption or an imminent supply chain disruption to the extent possible, in accordance with its domestic law, respect for market principles, and the goal of minimizing market distortions, and with appropriate recognition given to actions being led or undertaken by the private sector. Such support may include:

(a) sharing best practices or experiences dealing with similar supply chain disruptions;

(b) facilitating business matching within the economies of the Parties to support supply chain recovery;

(c) encouraging the private sector to increase production and engage in the temporary repurposing and conversion of production to address shortages in affected goods;

(d) engaging in dialogue with its private sector to provide greater certainty in the flow of materials, articles, or commodities during supply chain disruptions;

(e) exploring and facilitating joint procurements and delivery of goods and related essential services, where applicable;

(f) facilitating and identifying alternative shipping or air routes, including multimodal transportation routes or transport modes, and access to shipping or air capacity where appropriate;

(g) facilitating the cross-border movement of air and maritime crew to enable the movement of affected goods, subject to applicable procedures related to travel documents and authorizations and taking into account crew treatment guidelines developed by the International Civil Aviation Organization and the International Maritime Organization, as adopted or maintained by each Party;

(h) facilitating hinterland transportation where possible and appropriate to support efficient movements in and out of ports, especially congested ports;

(i) engaging in efforts to prevent the selling of goods or services at excessive prices during a supply chain disruption;

(j) adopting or maintaining procedures to expeditiously process the export of goods in affected sectors; or

(k) discouraging hoarding within the affected sector or of the affected good.

4. In the event of a supply chain disruption, the Parties intend to avoid unnecessary actions that would exacerbate shortages and significantly impact IPEF supply chains.

5. Each Party that has taken actions in response to a supply chain disruption may, as appropriate, promptly share through the IPEF Supply Chain Crisis Response Network information that it deems relevant about the actions, such as a brief summary, to enable other Parties to become acquainted with the actions.

Section C. Exceptions and General Provisions

Article 13. Confidentiality (13)

1. Unless this Agreement expressly provides otherwise, if a Party provides information in relation to this Agreement to another Party, including through an IPEF supply chain body or any subsidiary body, and designates the information as confidential, including because the information is confidential business information, any receiving Party shall maintain the confidentiality of the information. If the providing Party determines that information is a matter of public knowledge, the providing Party shall not designate that information as confidential.

2. Unless this Agreement expressly provides otherwise or the Parties decide otherwise, if a Party provides information in relation to this Agreement to another Party, including through an IPEF supply chain body or any subsidiary body, but does not designate that information as confidential, any receiving Party shall maintain the confidentiality of the information except to the extent disclosure or use of such information is required under that Party's law.

3. Unless this Agreement expressly provides otherwise or the Parties decide otherwise, recommendations, reports, and other materials produced by an IPEF supply chain body or any subsidiary body shall be designated as confidential and shall not be made public by any Party.

Article 14. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to disclose, furnish, or allow access to information the disclosure of which would be contrary to its law, impede law enforcement, reveal confidential business information, or otherwise be contrary to its public interest.

Article 15. Security Exceptions

Nothing Ii this Agreement shall be construed to:

(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security or for the protection of its own essential security interests.

Article 16. Implementation

This Agreement shall be implemented by each Party within its available resources.

Article 17. Tiritio Waitangi / Treaty of Waitangi

1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfillment of its obligations under te Tiriti o Waitangi / the Treaty of Waitangi.

2. The Parties agree that the interpretation of te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be the subject of consultations under Article 19.

Article 18. WTO Obligations

Nothing in this Agreement shall be construed to permit or require a Party to implement this Agreement in a manner that is inconsistent with its obligations under the WTO Agreement.

Article 19. Consultations

1. If at any time a Party has concerns with another Party's implementation of a provision of this Agreement, the concerned Party may request consultations through a written notification to the other Party's contact point, and shall set out the reasons for the request, and the other Party shall respond promptly in writing.

2. The concerned Party shall immediately provide a copy of the request to the other Parties’ contact points.

3. If the concerned Party's request and the other Party's response do not resolve the concerns that are the subject of the request, consultations shall commence on a mutually decided date no later than 60 days after the date of receipt of the response.

4. The consulting Parties shall attempt to arrive at a mutually satisfactory resolution as soon as practicable.

Section D. Final Provisions

Article 20. Contact Points

1. By or as soon as possible after the date of entry into force of this Agreement for a Party, that Party shall designate an overall contact point for any official communications related to this Agreement, except as otherwise provided in this Agreement, and shall notify the Depositary in writing of the overall contact point and the means to transmit communications to the contact point. Each Party shall notify the Depositary in writing of any change in its contact point or means of transmission as soon as practicable.

2. Any communication to the contact point designated pursuant to paragraph 1 shall be deemed effective upon transmittal to that contact point through the means notified to the Depositary.

Article 21. Entry Into Force

1. This Agreement shall be open for signature by Australia, Brunei Darussalam, the Republic of Fiji, the Republic of India, the Republic of Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the United States of America, and the Socialist Republic of Viet Nam.

2. This Agreement shall be subject to ratification, acceptance, or approval. Instruments of ratification, acceptance, or approval shall be deposited with the Depositary.