Article Article 14.10
Technology Development, Sharing and Transfer
The Parties acknowledge that agreed cooperation and technical assistance activities under this Chapter may involve the transfer, sharing or use of existing technologies or the development of new technologies.
With respect to areas covered within Annex 14A (Agriculture Cooperation and Technical Assistance Thematic Areas) and Annex 14B (Non-Agricultural and Technical Assistance Thematic Areas), the Parties may identify and agree to share, transfer or jointly develop technologies for mutual benefit.
Where any activity agreed under this Chapter involves the assignment, licence or any other transfer of intellectual property or the development of any new intellectual property, the participants in that activity may enter suitable agreements for that assignment, licence or transfer or to address the rights and responsibilities in relation to any new intellectual property.
The Parties shall undertake appropriate efforts towards the facilitation of such sharing, transfer or development of technology, subject to the mutual agreement of the Parties.
Priorities for cooperation and technical assistance activities shall be decided by the Parties based on their interests, available resources, benefits resulting from those activities, and in accordance with the laws and regulations of the Parties. This is without prejudice to the support
and assistance agreed to be provided by New Zealand, in respect of the cooperation activities agreed under paragraphs 4 and 5 of Article 14A.2 (Forestry Cooperation), and Article 14A.3 (Horticulture Cooperation) of Annex 14A (Agriculture Cooperation and Technical Assistance Thematic Areas), Annex 2B (Implementation and Review of Economic Cooperation Action Plans and Related Tariff Rate Quotas) and the action plans referred to therein. Such support and assistance by New Zealand is excluded from investment by New Zealand in accordance with the Chapter 9 (Investment Promotion and Cooperation).
The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support their cooperation activities.
Each Party shall, within 60 days of the date of entry into force of this Agreement, designate an official contact point to address matters related to this Chapter. Each Party shall promptly notify the other Party of any change to its contact point.
The contact points shall endeavour to facilitate regular communication and coordination between the Parties and work together to develop and implement cooperative and technical assistance activities as mutually agreed.
Non-application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 19
(Dispute Settlement) for any matter arising under this Chapter.
Chapter 15. SMALL AND MEDIUM-SIZED ENTERPRISES
Article Article 15.1 General Principles
The Parties, recognising the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness of their respective economies and their contribution to economic growth, sustainable development, and innovation, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
The Parties recognise the integral role of the private sector in the SME cooperation to be implemented under this Chapter.
Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to facilitating more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities. In particular, each Party may:
promote cooperation between the Parties’ small business support infrastructure including dedicated SME centres, incubators and accelerators, export assistance centres, and other centres, as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as creating business growth in local markets;
strengthen its collaboration with the other Party on activities to promote SMEs owned by women and youth, start-ups, and partnership among these SMEs and their participation in international trade;
enhance cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, SME participation in government procurement opportunities, and helping SMEs adapt to changing market conditions;
encourage participation in purpose-built mobile or web-based platforms, for entrepreneurs to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners;
promote the participation in international trade of SMEs owned by underrepresented groups, such as women, youth, and minority groups; and
support SMEs to participate in digital trade and e-commerce to take advantage of opportunities resulting from this Agreement.
Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
the text of this Agreement;
a summary of this Agreement; and
information designed for SMEs that contains:
a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
Each Party shall include in its website, referred to in paragraph 1, links to:
the equivalent website of the other Party; and
to the extent feasible, the websites of its own government agencies and other relevant entities that provide information which the Party considers useful to any person interested in trading, investing, or doing business in that Party’s territory.
Subject to each Party’s laws and regulations, the information described in subparagraph 2(b) may include:
customs regulations, procedures, or enquiry points;
regulations or procedures concerning intellectual property rights;
technical regulations, standards, quality or conformity assessment procedures;
relevant sanitary or phytosanitary measures relating to importation or exportation;
foreign investment regulations;
business registration procedures;
trade promotion programmes;
competitiveness programmes;
SME investment and financing programmes;
taxation information, such as regulations and reporting procedures, or enquiry points etc.;
government procurement opportunities;
employment regulations; and
other information which the Party considers to be useful for SMEs.
Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up to date and accurate.
To the extent possible, each Party shall make the information referred to in paragraphs 1 through 3 available in English.
Each Party shall, within 60 days of the entry into force of this Agreement, designate an SME contact point to address matters related to this Chapter. Each Party shall notify the other Party promptly in the event of any change to its contact point.
The contact points shall meet as necessary and shall carry out their work through communication channels such as email, virtual meetings or other means.
Where appropriate and to the extent practicable, the contact points shall:
exchange information to assist in monitoring the implementation of this Agreement as it relates to SMEs;
exchange information including sharing best practices in supporting and assisting SMEs with respect to, among other things, capacity building, training and skill development;
promote seminars, workshops, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement;
facilitate regular communication and coordination between the Parties; and
cooperate and coordinate, including with other appropriate agencies of their governments and any relevant committee or subsidiary body established under this Agreement, to develop and implement joint cooperation initiatives that enhance the ability of SMEs to benefit from opportunities arising under this Agreement.
The contact points may:
facilitate provision of recommendations, as necessary, to any relevant committee or the Joint Commission established under this Agreement;
facilitate the development of programmes to assist SMEs to participate and integrate effectively into the Parties’ regional and global supply chains;
consider any other matter pertaining to SMEs, including any issues raised by SMEs regarding their ability to benefit from this Agreement; and
seek to cooperate with experts and relevant organisations, as appropriate, in carrying out their activities.
The Parties recognise the importance of cooperation and consultation, based on the principle of mutual respect, and shall endeavour to resolve any matter arising under this Chapter.
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 19 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 16. TRANSPARENCY
Article 16.1. Definitions
For the 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 the ambit of that administrative ruling or interpretation, that establishes a norm of conduct, and is relevant to the implementation of this Agreement, but does not include:
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
a ruling that adjudicates with respect to a particular act or practice.
Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published, and made available in the public domain, including on an official website in such a manner as to enable interested persons and the other Party to become acquainted with them.
With a view to administering its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement in a consistent, impartial, objective, and reasonable manner, each Party shall ensure in its administrative proceedings applying such measures to a particular person, good, or service of the other Party in specific cases that:
wherever possible, persons of the other Party that are directly affected by an administrative proceeding are provided with reasonable notice, 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;
such persons 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
it follows its procedures in accordance with its domestic law.
Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals, or procedures, as applicable, for the purpose of the prompt review and, where warranted, correction of final administrative actions regarding matters 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.
Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceedings are provided with the right to:
reasonable opportunity to support or defend their respective positions; and
a decision based on the evidence and submissions of record.
Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Notification and Provision of Information
To the extent possible, each Party shall notify the other Party of any measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party’s interests under this Agreement.
On request of the other Party, a Party shall within a reasonable period of time provide information and respond to questions pertaining to any measure, whether or not that other Party has been previously notified of that measure.
Any notification, information, document or communication provided under this Article between the Parties shall be in the English language.
Any notification, information, document, or communication under this Article shall be conveyed to the other Party through its relevant contact point pursuant to Article 17.8 (Contact Points and Communications).
Any notification, information, document, or communication under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.
Chapter 17. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 17.1. Establishment of the Joint Commission
The Parties hereby establish a Joint Commission, which shall be composed of government representatives of the Parties at the level of senior officials or, when agreed by the Parties, at the level of Ministers.
Functions of the Joint Commission
The Joint Commission shall:
assess, review and monitor the implementation and operation of this Agreement;
consider any matter relating to the implementation or operation of this Agreement;
consider ways to further trade and investment between the Parties, including improving market access;
consider any proposal to amend or modify this Agreement, and if appropriate, make recommendations to the Parties;
supervise and coordinate the work of committees, subsidiary bodies and working groups established under this Agreement;
conduct a general review, in accordance with Article 20.4 (General Review); and
consider any other matter that may affect the operation of this Agreement.
The Joint Commission may:
adopt decisions or make recommendations as envisaged by this Agreement;
seek to resolve differences or disputes that may arise under this Agreement without prejudice to the rights of the Parties under Chapter 19 (Dispute Settlement);
as appropriate, issue interpretations of this Agreement;1
establish, assign tasks to, delegate functions to, or consider matters raised by any committee, subsidiary body or working group;
restructure, reorganise or dissolve any committee, subsidiary body or working group established under this Agreement;
unless otherwise provided in this Agreement, determine the functions of the committees, subsidiary bodies or working groups established under this Agreement;
consider and adopt, subject to the completion of any necessary legal procedures by each Party, modifications to the following parts of the Agreement:
Annex 2A (Schedules of Tariff Commitments);
Annex 3A (Product Specific Rules of Origin);
Annex 19A (Rules of Procedure for Dispute Settlement); and
Annex 19B (Code of Conduct for Dispute Settlement); and
carry out any other such functions as may be agreed by the Parties.
Meetings of the Joint Commission
The Joint Commission shall meet within one year of entry into force of this Agreement. Thereafter, it shall meet every two years, unless the Parties agree otherwise, to consider any matter relating to this Agreement.
Meetings conducted pursuant to paragraph 1 shall be held alternately in the territories of the Parties, unless the Parties agree otherwise. The Party hosting a session of the Joint Commission shall provide any necessary administrative support for such session.
Upon request by a Party, the Joint Commission and any committee, subsidiary body or working group established under this Agreement
1 Interpretations issued by the Joint Commission are binding for panels established under Chapter 19 (Dispute Settlement).
may, if agreed by the Parties, hold special sessions at a mutually convenient date without undue delay.
Each Party shall be responsible for the composition of its delegation.
The Joint Commission shall establish its own rules of procedure at its first meeting. The Joint Commission if necessary, may also establish its own financial arrangements.
Unless otherwise provided in this Agreement, the Joint Commission and any committee, subsidiary body or working group established under this Agreement shall carry out its work through whatever means as appropriate, which may include through electronic means.
The Joint Commission and any committee, subsidiary body or working group established under this Agreement, shall be co-chaired by representatives from both the Parties.
The following committees are hereby established:
Committee on Trade in Goods;
Committee on Rules of Origin;
Committee on Trade Facilitation;
Committee on Sanitary and Phytosanitary Measures;
Committee on Technical Barriers to Trade;
Committee on Trade in Services;
Committee on Trade and Sustainable Development;
Joint Agriculture Productivity Council;
Committee on Economic Cooperation and Technical Assistance; and
Committee on Biosecurity, Food and Primary Products.
A Committee on Investment Promotion and Cooperation is also hereby established.
The following subsidiary bodies are hereby established:
Working Group on Health-Related Services and Traditional Medicine Services;
Working Group on Professional Services;
Working Group on the Temporary Movement of Natural Persons; and
Working Group on Wine, Whisky and Other Distilled Spirits.
The committees and subsidiary bodies referred to in this Article shall meet once a year, or as otherwise agreed. The meetings shall take place in India or in New Zealand alternately or by any other appropriate means of communication, as agreed by the representatives of the Parties. The committees and subsidiary bodies shall agree on their meeting schedule and set their agenda.
The committees and subsidiary bodies shall comprise representatives of each Party and they shall be co-chaired, at an appropriate level, by representatives of each Party.
Committee on Biosecurity, Food and Primary Products
The Committee on Biosecurity, Food and Primary Products, established under Article 17.5 (Committees and Subsidiary Bodies), may, as agreed by the Parties, consider any technical measure that is not being addressed by another Committee under this Agreement, that falls under the jurisdiction of the respective competent authorities responsible for regulation of agricultural, food, forestry and fisheries products (“Food and Primary Products”). Such consideration shall be complementary to and not be a substitute for the functions of committees established under the specific chapters of this Agreement.
The Committee shall comprise representatives of those competent authorities of the Parties that have regulatory authority for the matters under consideration, and shall meet as mutually determined by the Parties in accordance with the agreed agenda. All decisions of the Committee shall be made by consensus. Meetings of the Committee may be in person, or by any other means as mutually determined by the Parties.
The purpose of the Committee is to:
facilitate appropriate coordination on the resolution of technical measures related to the implementation of Chapter 2 (Trade in Goods), Chapter 6 (Sanitary and Phytosanitary Measures),
and Chapter 7 (Technical Barriers to Trade), where such matters may affect the trade in Food and Primary Products;
provide a forum for technical measures referred to in subparagraph (a), for improved communication, cooperation, and consultation between the Parties to facilitate trade between the Parties, including addressing unjustified barriers to trade; and