Sargon of Akkad - Carl Benjamin - The Trans-Pacific Partnership - Full Text (Part 4⧸5)

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Nov. 19, 2015 - Sargon of Akkad - Carl Benjamin

05:55:55

The Trans-Pacific Partnership - Full Text (Part 4⧸5)

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	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-1.
	Chapter 17.
	State-owned Enterprises and Designated Monopolies.
	Article 17.1, Definitions.
	For the purposes of this chapter, arrangement means the arrangement on officially supported export credits.
	developed within the framework of the Organization for Economic Cooperation and Development.
	OECD, or a successor undertaking, whether developed within or outside of the OECD framework that has been adopted by at least 12 original WTO members that were participants to the arrangement as of January 1,
	1979, commercial activities means activities which an enterprise undertakes with an orientation toward profit-making one and which result in the production of a good or supply of a service that will be sold to a consumer in the relevant market in quantities and that price is determined by the enterprise.
	2.
	Commercial considerations means price, quality, availability, marketability, transportation, on other terms and conditions of purchase or sale, or other factors that would normally be taken into account in the commercial decisions of a privately owned enterprise in the relevant business or industry.
	Designate means to establish, designate or authorize a monopoly, or to expand the scope of a monopoly to cover an additional good or service.
	Designated monopoly means a privately owned monopoly that is designated after the date of entry into force of this agreement and any government monopoly that a party designates or has designated.
	Government monopoly means a monopoly that is owned or controlled through ownership interests by a party or by another government monopoly.
	Independent pension fund means an enterprise that is owned or controlled through ownership interests by a party that is engaged exclusively in the following activities.
	1.
	For greater certainty, activities undertaken by an enterprise which operates on a not-for-profit basis or on a cost recovery basis are not activities undertaken with an orientation toward profit making.
	2.
	For greater certainty, measures of general application to the relevant market shall not be construed as the determination by a party of pricing, production, or supply decisions of an enterprise.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-2.
	I, administering or providing a plan for pension, retirement, social security, disability, death or employee benefits, or any combination thereof.
	Solely for the benefit of natural persons who are contributors to such a plan.
	And their beneficiaries, or 2.
	Investing the assets of these plans.
	B. has a fiduciary duty to the natural persons referenced in sub-paragraph A, and C. Is free from investment direction from the government of the party.
	3.
	Market means the geographical and commercial market for a good or service.
	Monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of the grant.
	Non-commercial assistance 4 means assistance to a state-owned enterprise by virtue of that state-owned enterprise S government ownership or control where A assistance means I, direct transfers of funds or potential direct transfers of funds or liabilities, such as A grants or debt forgiveness, B.
	Loans, loan guarantees or other types of financing on terms more favorable than those commercially available to that enterprise or 3.
	Investment direction from the government of a party does not include general guidance with respect to risk management and asset allocation.
	That is not inconsistent with usual investment practices.
	And B is not demonstrated alone by the presence of government officials on the enterprise's board of directors or investment panel.
	4 For greater certainty, non-commercial assistance does not include intra-group transactions within a corporate group, including state-owned enterprises, for example, between the parent and subsidiaries of the group or among the group's subsidiaries, when normal business practices require reporting the financial position of the group, excluding these intra-group transactions.
	B other transactions between state-owned enterprises that are consistent with the usual practices of privately owned enterprises in RMS length transactions or.
	C a parties transfer of funds collected from contributors to a plan for pension retirement, social security disability, death or employee benefits or any combination thereof, to an independent pension fund for investment on behalf of the contributors and their beneficiaries, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-3 C Equity capital inconsistent with the usual investment practice, including for the provision of risk capital of private investors.
	Or 2.
	Goods or services other than general infrastructure on terms more favorable than those commercially available to that enterprise.
	b by virtue of that state-owned enterprise's government ownership or controller means 5.
	I, the party or any of the party's state enterprises or state-owned enterprises explicitly limits access to the assistance to any of its state-owned enterprises.
	2. The party or any of the party S state enterprises or state-owned enterprises provides assistance which is predominantly used by the party S. State-owned enterprises.
	3. The party or any of the party S state enterprises or state-owned enterprises provides a disproportionately large amount of the assistance to the party S state-owned enterprises, or 4. The party or any of the party S state enterprises or state-owned enterprises otherwise favors the party S state-owned enterprises through the use of its discretion in the provision of assistance.
	A public service mandate means a government mandate pursuant to which a state-owned enterprise makes available a service, directly or indirectly, to the general public in its territory.
	6.
	Sovereign wealth fund means an enterprise owned, or controlled through ownership interests, by a party that serves solely as a special purpose investment fund or arrangement 7 for asset management, investment,
	and related activities, using financial assets of a party, and 5. In determining whether the assistance is provided by virtue of that enterprise's government ownership or control, account shall be taken of the extent of diversification of economic activities within the territory of the party, as well as of the length of time during which the non-commercial assistance program has been in operation.
	6. For greater certainty, a service to the general public includes the distribution of goods, and b the supply of general infrastructure services.
	7. For greater certainty, the parties understand that the word arrangements as an alternative to funds allows for a flexible interpretation of the legal arrangement through which the assets can be invested.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-4.
	B. is a member of the International Forum of Sovereign Wealth Funds or endorses the generally accepted principles and practices, Santiago principles, issued by the International Working Group of Sovereign Wealth Funds,
	October 2008, or such other principles and practices as may be agreed to by the parties, and includes any special purpose vehicles established solely for such activities described in the paragraph.
	A, wholly owned by the enterprise, or wholly owned by the party but managed by the enterprise, and state-owned enterprise means an enterprise, that is principally engaged in commercial activities, and b in which a party directly owns more than 50% of the share capital.
	2.
	Controls, through ownership interests, the exercise of more than 50% of the voting rights, or 3.
	Holds the power to appoint a majority of members of the board of directors or any other equivalent management body.
	Article 17.2, Scope 8.
	1.
	This chapter shall apply with respect to the activities of state-owned enterprises and designated monopolies of a party that affect trade or investment between parties within the freed trade area.
	9.
	2.
	Nothing in this chapter shall prevent a central bank or monetary authority of a party from performing regulatory or supervisory activities or conducting monetary and related credit policy and exchange rate policy.
	3.
	Nothing in this chapter shall prevent a financial regulatory body of a party, including a non-governmental body, such as a securities or futures exchange or market, clearing agency, or other organization or association, from exercising regulatory or supervisory authority over financial services suppliers.
	8.
	For the purposes of this chapter, the terms financial service supplier, financial institution and financial services have the same meaning as in Article 11.1, definitions.
	9.
	This chapter also applies with respect to the activities of state-owned enterprises of a party that cause adverse effects in the market of a non-party as provided in Article 17.7, adverse effects.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-5.
	4.
	Nothing in this chapter shall prevent a party, or one of its state enterprises or state-owned enterprises from undertaking activities for the purpose of the resolution of a failing or failed financial institution or any other failing or failed enterprise principally engaged in the supply of financial services.
	5.
	This chapter shall not apply with respect to a sovereign wealth fund of a party 10, except A, Article 17.6.1 and Article 17.6.3,
	non-commercial assistance shall apply with respect to a party S in direct provision of non-commercial assistance through a sovereign wealth fund and b Article 17.6.2 Non-commercial assistance shall apply with respect to a sovereign wealth fund s provision of non-commercial assistance 6.
	This chapter shall not apply with respect to A, an independent pension fund of party, or B, an enterprise owned or controlled by an independent pension fund of a party, except.
	I, Article 17.6.1 and Article 17.6.3, Non-commercial assistance shall apply with respect to a party S direct or indirect provision of non-commercial assistance to an enterprise owned or controlled by an independent pension fund, and 2.
	Article 17.6.1 and Article 17.6.3, Non-Commercial Assistance shall apply with respect to a party's indirect provision of non-commercial assistance through an enterprise owned or controlled by an independent pension fund.
	7.
	This chapter shall not apply to government procurement.
	8.
	Nothing in this chapter shall prevent a state-owned enterprise of a party from providing goods or services exclusively to that party for the purposes of carrying out that party's governmental functions.
	9.
	Nothing in this chapter shall be construed to prevent a party from establishing or maintaining a state enterprise or a state-owned enterprise or 10.
	Malaysia shall not be subject to dispute settlement under Chapter 28, dispute settlement, with respect to enterprises owned or controlled by Kazana National Bahadur for a period of two years following the entry into force of this agreement in light of ongoing development of state-owned enterprise reform legislation.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-6.
	B. Designating a monopoly.
	10.
	Article 17.4, Non-Discriminatory Treatment and Commercial Considerations, Article 17.6, Non-Commercial Assistance, and Article 17.10, Transparency, shall not.
	Apply to any service supplied in the exercise of governmental authority.
	11.
	11.
	Article 17.4.1, B, Article 17.4.1, C, Article 17.4.2, B, and Article 17.4.2, C. Non-discriminatory.
	Treatment and commercial considerations, shall not apply to the extent that a party's state-owned enterprise or designated monopoly makes purchases and sales of goods or services pursuant to any existing non-conforming measure that the party maintains,
	continues, renews or amends in accordance with Article 9.11.1, non-conforming measures, Article 10.7.1, non-conforming measures or Article 11.10.1,
	non-conforming measures as set out in its schedule to annex I or in Section A of its schedule to Annex III, or B, any non-conforming measure that the party adopts or maintains with respect to sectors,
	subsectors, or activities in accordance with Article 9.11.2, non-conforming measures, Article 10.7.2, non-conforming measures or Article 11.10.2, non-conforming measures as set out in its schedule to annex to or in Section B of its schedule to annex 3.
	Article 17.3, Delegated Authority.
	Each party shall ensure that when its state-owned enterprises, state enterprises, and designated monopolies exercise any regulatory, administrative, or other governmental authority that the party has directed or delegated to such entities to carry out, such entities.
	Act in a manner that is not inconsistent with that party's obligations under this agreement.
	12.
	Article 17.4, Non-Discriminatory Treatment and Commercial Considerations.
	1.
	Each party shall ensure that each of its state-owned enterprises, when engaging in commercial activities.
	11.
	For the purposes of this paragraph, a service supplied in the exercise of governmental authority has the same meaning as in the WTO General Agreement in Trade in Services, including the meaning in the financial services annex where applicable.
	Twelve examples of regulatory, administrative or other governmental authority include the power to expropriate, grant licenses, approve commercial transactions, or impose quotas, fees or other charges.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-7.
	AL, acts in accordance with commercial considerations in its purchase or sale of a good or service, except to fulfill any terms of its public service mandate that are not inconsistent with the paragraph C, 2.
	B, in its purchase of a good or service.
	I, accords to a good or service supplied by an enterprise of another party treatment, no less favorable than it accords to a like good or a like service supplied by enterprises of the party, of any other party, or of any non-party, and 2.
	Accords to a good or service supply by an enterprise that is a covered investment in the party S territory, treatment no less favorable than it accords to a like good or alike service supplied by enterprises in the relevant market in the party S territory.
	That uninvestments of investors of the party of any other party or of any non-party.
	And C. In its sale of a good or service, I accords to an enterprise of another party treatment no less favorable than it accords to enterprises of the party, of any other party or of any non-party and 2.
	Accords to an enterprise that is a covered investment in the party s territory treatment no less favorable than it accords to enterprises in the relevant market in the party s territory.
	That on investments of investors of the party, of any other party or of any non-party.
	Dot one three.
	Two, each party shall ensure that each of its designated monopolies acts in accordance with commercial considerations in its purchase or sale of the monopoly good or service in the relevant market, except to fulfill any terms of its designation that are not inconsistent with the paragraphs b, c or d and b.
	In its purchase of the monopoly good or service I accords to a good or service supplied by an enterprise of another party treatment no less favorable than it accords to a like good or alike service supplied by enterprises of the party of any other party or of non-party.
	And 13, article 17.4.1.
	Non-discriminatory treatment and commercial considerations shall not apply with respect to the purchase or sale of shares, stock or other forms of equity by a state-owned enterprise as a means of its equity participation in another enterprise.
	Subject to legal review in English, Spanish and French for accuracy, clarity and Consistency.
	Subject to authentication of English, Spanish and French versions.
	17-8.
	2. Accords to a good or service supply by an enterprise that is a covered investment in the party's territory treatment no less favorable than it accords to a like good or a like service sold by enterprises in the relevant market in the party's territory that run investments of investors of the party, of any other party, or of any non-party, and C. In its sale of the monopoly good or service.
	I. Accords to an enterprise of another party treatment no less favorable than it accords to enterprises of the party, of any other party, or of any non-party, and 2. Accords to an enterprise that is a covered investment in the party's territory treatment no less favorable than it accords to enterprises in the relevant market in the party's territory that run investments of investors of the party,
	of any other party, or of any non-party, and D. Does not use its monopoly position to engage in, either directly or indirectly, including through its dealings with its parent, subsidiaries, or other entities the party or the designated monopoly owns anti-competitive practices in a non-monopolized market in its territory that negatively affect trade or investment between the parties.14.
	3.
	Paragraph 1, B, and, C, and paragraph 2, B, and, C, do not preclude a state-owned enterprise or designated monopoly from a purchasing or selling goods or services on different terms or conditions,
	including those relating to price or B, refusing to purchase or sell goods or services, provided that such differential treatment or refusal is undertaken in accordance with commercial considerations.
	Article 17.5, Courts and Administrative Bodies.
	1. Each party shall provide its courts with jurisdiction over civil claims against an enterprise owned or controlled through ownership interests by a foreign country based on a 14 For greater certainty, a party may comply with the requirements of sub-paragraph D through the enforcement or implementation of its generally applicable national competition laws and regulations,
	its economic regulatory laws and regulations, or other appropriate measures.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-9.
	Commercial activity carried on in its territory.15 This shall not be construed to require a party to provide jurisdiction over such claims if it does not provide jurisdiction over similar claims against enterprises that are not owned or controlled through ownership interests by a foreign country.
	2.
	Each party shall ensure that any administrative body that the party establishes or maintains that regulates a state-owned enterprise exercises its regulatory discretion in an impartial manner with respect to enterprises that it regulates, including enterprises that are not state-owned enterprises.16.
	Article 17.6, Non-Commercial Assistance.
	1.
	No party shall cause 17 adverse effects to the interests of another party through the use of non-commercial assistance that it provides, either directly or indirectly 18 to any of its state-owned enterprises with respect to the production and sale of a good by the state-owned enterprise.
	b.
	The supply of a service by the state-owned enterprise from the territory of the party into the territory of another party.
	C.
	The supply of a service in the territory of another party through an enterprise.
	That is a covered investment in the territory of that other party or a third party.
	2.
	Each party shall ensure that its state enterprises and state-owned enterprises do not cause adverse effects to the interests of another party through the use of non-commercial assistance that the state enterprise or state-owned enterprise provides to any of its state-owned enterprises with respect to the production and sale of a good by the state-owned enterprise.
	B the supply of a service by the state-owned enterprise from the territory of the party into the territory of another party.
	15 article 17.5.1.
	Courts and administrative bodies shall not be construed to preclude a party from providing its courts with jurisdiction over claims against enterprises owned or controlled through ownership interests by a foreign country, other than those claims referred to in this paragraph.
	16, for greater certainty, the impartiality with which an administrative body exercises its regulatory discretion is to be assessed by reference to a pattern or practice of that administrative body.
	17, for the purposes of article 17.6, 1 and 2, non-commercial assistance.
	It must be demonstrated that the adverse effects claimed have been caused by the non-commercial assistance.
	Thus, the non-commercial assistance must be examined within the context of other possible causal factors to ensure an appropriate attribution of causality.
	18, for greater certainty, indirect provision includes the situation in which a party entrusts or directs an enterprise that is not a state-owned enterprise to provide non-commercial assistance, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-10 c, the Supply of a service in the territory of another party through an enterprise.
	That is a covered investment in the territory of that other party or a third party.
	3.
	No party shall cause injury to a domestic industry 19 of another party through the use of non-commercial assistance that it provides, either directly or indirectly, to any of its state-owned enterprises that is a covered investment in the territory of another party in.
	Circumstances where, a the non-commercial assistance is provided with respect to the production and sale of a good by the state-owned enterprise in the territory of the other party, and b a like good is produced and sold in the territory of the other party by the domestic industry of that other party.20.
	4.
	A service supplied by a state-owned enterprise of a party within that party's territory shall be deemed to not cause adverse effects.21.
	Article 17.7, adverse effects. 1. For the purposes of paragraphs 1 and 2 of article 17.6, non-commercial assistance, adverse effects arise where, a,
	The effect of the non-commercial assistance is that the production and sale of a good by a party s state-owned enterprise that has received the non-commercial assistance displaces or impedes from the party s market imports of the like good of another party or sales of a like good produced by an enterprise that is a covered investment in the territory of the party.
	B.
	The effect of the non-commercial assistance is that the production and sale of a good by a party s state-owned enterprise that has received the non-commercial assistance displaces or impedes 19.
	The term domestic industry refers to the domestic producers as a whole of the like good or to those domestic producers whose collective output of the products constitutes a major proportion of the total domestic production of the like good, excluding the state-owned enterprise that is a covered investment that has received the non-commercial assistance referred to in paragraph 3 20.
	In situations of material retardation of the establishment of a domestic industry, it is understood that a domestic industry may not yet produce and sell the like good.
	However, in such cases there must be evidence that a prospective domestic producer has made a substantial commitment to commence production and sales of the like good 21.
	For greater certainty, this paragraph shall not be construed to apply to a service that is itself a form of non-commercial assistance, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 17-11 I. From the market of another Party, sales of a like good produced by an enterprise that is a covered investment in the territory of that other party, or imports of the like good of another party, or.
	2.
	From the market of a non-party, imports of a like good of another party.
	C.
	The effect of the non-commercial assistance is a significant price.
	Undercutting by a good produced by a party s state-owned enterprise that has received the non-commercial assistance and sold by the enterprise.
	I. In the market of a party, as compared with the price in the same market of imports of the like good of another party or a like good that is produced by an enterprise that is a covered investment in the territory of the party, or significant price suppression,
	price depression or lost sales in the same market or 2. In the market of a non-party as compared with the price in the same market of imports of the like good of another party, or significant price suppression, Price depression or lost sales in the same market.
	D.
	The effect of the non-commercial assistance is that service is supplied by a party's state-owned enterprise that has received the non-commercial assistance.
	Displace or impede from the market of another party a like service supply by a service supplier of that other party or a third party.
	Or E.
	The effect of the non-commercial assistance is a significant price.
	Undercutting by a service supplied in the market of another party by a party estate owned enterprise that has received the non-commercial assistance, as compared with the price in the same market of a like service supplied by a service supplier of that other party or a third party, or significant price suppression,
	price depression or lost sales in the same market.22. 2. For the purposes of so paragraphs A, B, and, D, of paragraph 1,
	the displacing or impeding of a good or service includes any case in which it has been demonstrated that there has been a significant change in relative shares of the market to the disadvantage of the like good or like service. Significant change in relative shares of the market shall include any of the following situations. A,
	There is a significant increase in the market share of the good or service of the party S state-owned enterprise.
	22.
	The purchase or sale of shares, stock or other forms of equity by a state-owned enterprise that has received non-commercial assistance as a means of its equity participation in another enterprise shall not be construed to give rise to adverse effects as provided for in 17.7.1.
	Adverse effects.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of of English, Spanish and French versions.
	17-12.
	B.
	The market share of the good or service of the party s state-owned enterprise remains constant in circumstances in which, in the absence of the non-commercial assistance, it would have declined significantly or c.
	The market share of the good or service of the party s state-owned enterprise declines, but at a significantly slower rate than would have been the case in the absence of the non-commercial assistance.
	The change must manifest itself over an appropriately representative period sufficient to demonstrate clear trends in the development of the market for the good or service concerned, which in normal circumstances shall be at least one year.
	Three, for the purposes of sub paragraphs c and e of paragraph 1, price undercutting shall include any case in which such price undercutting has been demonstrated through our comparison of the prices of a good or service of the state-owned enterprise with the prices of the like good or service.
	4, comparisons of the prices in paragraph 3 shall be made at the same level of trade and at comparable times, and due account shall be taken for factors affecting price comparability.
	If a direct comparison of transactions is not possible, the existence of price undercutting may be demonstrated on some other reasonable basis, such as, in the case of goods, a comparison of unit values.
	5, non-commercial assistance that a party provides a before the signing of this agreement or.
	B within three years after the signing of this agreement, pursuant to a law that is enacted or contractual obligation undertaken prior to the signing of this agreement, shall be deemed to not cause adverse effects 6.
	For the purposes of 17.6.1 b and 17.6.2 b, adverse effects are deemed not to arise from the initial capitalization of a state-owned enterprise or the acquisition by a party of a controlling interest in an enterprise that is principally engaged in the supply of services within the territory of the party.
	Article 17.8 injury, 1.
	For the purposes of article 17.6.3 non-commercial assistance, the term injury shall be taken to mean material injury to a domestic industry.
	Threat of material injury to a domestic industry or material retardation of the establishment of such an industry.
	A determination of material injury shall be based on positive evidence and involve an subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to to authentication of English, Spanish and French versions. 17-13. Objective examination of the relevant factors, including the volume of production by the covered investment that has received non-commercial assistance,
	the effect of such production on prices for like goods is produced and sold by the domestic industry, and the effect of such production on the domestic industry producing like goods. 23. 2. With regard to the volume of production by the covered investment that has received non-commercial assistance,
	consideration shall be given as to whether there has been a significant increase in the volume of production, either in absolute terms or relative to production or consumption in the territory of the party in which injury is alleged to have occurred. With regard to the effect of the production by the covered investment on prices,
	consideration shall be given as to whether there has been a significant price undercutting by the goods produced and sold by the covered investment as compared with the price of like goods produced and sold by the domestic industry, or whether the effect of production by the covered investment is otherwise to depress prices to a significant degree or to prevent price increases,
	which otherwise would have occurred to a significant degree. No one or several of these factors can necessarily give decisive guidance. 3. The examination of the impact on the domestic industry of the goods produced and sold by the covered investment that received the non-commercial assistance shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry,
	such as actual and potential decline in output, sales, market share, profits, productivity, return on investments, or utilization of capacity, factors affecting domestic prices, actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments and, in the case of agriculture,
	whether there has been an increased burden on government support programs. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance. 4. It must be demonstrated that the goods produced and sold by the covered investment are through the effects 24 of the non-commercial assistance causing injury. Within the meaning of this article,
	the demonstration of a causal relationship between the above-mentioned goods and the injury to the domestic industry shall be based on an examination of all relevant evidence. Any known factors other than the goods produced by the covered investment which at the same time are injuring the domestic industry shall be examined,
	and the injuries caused by these other factors must not be attributed to the goods produced and sold by the covered investment that has received non-commercial assistance. Factors which may be relevant in this respect include,
	Inter alia, the volumes and prices of other like goods in the market in question, contraction in demand or changes in the patterns of consumption, and developments in technology and the export performance and productivity of the domestic industry.
	23, The periods for examination of the non-commercial assistance and injury shall be reasonably established and shall end as closely as practical to the date of initiation of the proceeding before the arbitral tribunal.
	24, as set forth in paragraph 2 and 3.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 17-14. 5. A determination of a threat of material injury shall be based on facts and not merely on allegation,
	conjecture or remote possibility. A determination of a threat of material injury shall be considered with special care. The change in circumstances which would create a situation in which non-commercial assistance to the covered investment would cause injury must be clearly foreseen and imminent. In making a determination regarding the existence of a threat of material injury,
	there should be consideration of relevant factors 25 and of whether the totality of the factors considered led to the conclusion that further availability of goods produced by the covered investment is imminent and that, unless protected action is taken, material injury would occur. Article 17.9, party-specific annexes. 1. Article 17.4,
	non-discriminatory treatment and commercial considerations, and. Article 17.6, non-commercial assistance, shall not apply with respect to the non-conforming activities of state-owned enterprises or designated monopolies that a party lists. In its schedule to annex IV in accordance with the terms of the party S schedule. 2. Article 17.4,
	Non-Discriminatory Treatment and Commercial Considerations, Article 17.5, Courts and Administrative Bodies, Article 17.6, Non-Commercial Assistance, and 17.10, Transparency, shall not apply with respect to a party S state-owned enterprises. Or designated monopolies as set out in Annex 17t. 3. A. In the case of Singapore,
	Annex 17E shall apply. b in the case of Malaysia, Annex 17F shall apply. Article 17.10, Transparency 2627. 25 In making a determination regarding the existence of a threat of material injury, an arbitral tribunal. Established pursuant to Chapter 28, Dispute Settlement,
	should consider, inter alia, such factors as. I. The nature of the non-commercial assistance in question and the trade effects likely to arise therefrom. 2. A. Significant rate of increase in sales in the domestic market by the covered investment,
	indicating a likelihood of substantially increased sales. 3. Sufficient freely disposable or an imminent, substantial increase in capacity of the covered investment indicating the likelihood of substantially increased production of the good,
	taking into account the availability of export markets to absorb additional production. 4. Whether prices of goods sold by the covered investment will have a significant depressing or suppressing effect on the price of the like goods,
	and, v. Inventories of like good. 26 Article 17.10, Transparency, shall not apply to Brunei der Russell with respect to the entities listed in. Entry 4, beer, of Brunei der Russell Mes Annex IV that engage in the non-conforming activities described in that entry. 27 Article 17.10, Transparency,
	shall not apply to Vietnam with respect to the entities listed in. AL. Entry 8 of Vietnam S Annex IV that engage in the non-conforming activities described in that entry, until that entry ceases to have effect, and b entry 10 of Vietnam S Annex IV that engage in the non-conforming activities described in that entry. Subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 17-15. 1. Each party shall provide to the other parties or otherwise make publicly available. On an official website a list of its state-owned enterprises within six months after the date on which this agreement enters into force for the party,
	and thereafter shall update the list. Annually. 28, 29. 2. Each party shall promptly notify the other parties or otherwise make publicly. Available on an official website the designation of a monopoly or expansion of the scope of an existing monopoly and the terms of its designation. 30. 3. On the written request of another party,
	a party shall promptly provide the following information concerning a state-owned enterprise or a government monopoly, provided that the request includes an explanation of how the activities of the entity may be affecting trade or investment between the parties. A. The percentage of shares that the party,
	its state-owned enterprises, or designated monopolies cumulatively own, and percentage of votes that they cumulatively hold, in the entity. b. A description any special shares or special voting or other rights that the party, Its state-owned enterprises, or designated monopolies hold, to the extent the rights are different than the rights attached to the general common shares of such entity.
	C.
	The government titles of any government official serving as an officer or member of the entity S board of directors.
	D.
	The entertained annual revenue and total assets over the most recent three-year period for which information is available.
	28.
	For Brunei der Russell, Article 17.10.1, Transparency, shall not apply until five years from the date of entry into force of the agreement for Brunei.
	Separately, within a period of three years after entry into force. Of the agreement, Brunei der Russell shall provide to the other parties or otherwise make publicly available. On an official website a list of its state-owned enterprises that have an annual revenue derived from their commercial activities of more than SDR 500 million in one of the three preceding years,
	and shall thereafter update the list annually until the obligation in Article 17.10.1, transparency, applies and replaces this obligation. 29 For Vietnam and Malaysia,
	Article 17.10.1, Transparency, shall not apply until five years from the date of entry into force of the agreement for Vietnam and Malaysia, respectively. Separately,
	within six months after the date on which this agreement enters into force for Vietnam and Malaysia, respectively, each party shall provide to the other parties or otherwise make publicly available on an official website a list of its state-owned enterprises that have an annual revenue derived from their commercial activities of more than SDR 500 million in one of the three preceding years,
	and shall thereafter update the list annually until the obligation in Article 17.10.1 applies and replaces this obligation. 30 Article 17.10.2,
	Article 17.10.3 and Article 17.10.4, Transparency, shall not apply to Vietnam with respect to the entities listed in entry 9 of Vietnam S Annex IV that engage in the non-conforming activities. Described in that entry. Subject to legal review in English,
	Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 17-16. e. Any exemptions and immunities from which the entity benefits under the party S law,
	and F. Any additional information regarding the entity that is publicly available, including annual financial reports and third-party audits, and that is sought in the written request. 4. On the written request of another party, a party shall promptly provide in writing information regarding any policy or program it has adopted or maintains that provides for the provision of non-commercial assistance,
	provided that the request includes an explanation of how the policy or program affects or could affect trade or investment between the parties. 5. When a party provides a response pursuant to paragraph 4,
	the information it provides shall be sufficiently specific to enable the requesting party to understand the operation of and evaluate the policy or program and its effects or potential effects on trade or investment between the parties. The party responding to a request shall ensure that the information it provides contains the following information,
	a the form of the non-commercial assistance provided under the policy or program, that is, grant, loan. b the names of the government agencies, state-owned enterprises,
	or state enterprises providing the non-commercial assistance and the names of the state-owned enterprises that have received or are eligible to receive the non-commercial assistance. C. The legal basis and policy objective of the policy or program providing for the non-commercial assistance. D. With respect to goods,
	the amount per unit or, in cases where this is not possible, the total amount or the annual amount budgeted for the non-commercial assistance, indicating, if possible, the average amount per unit in the previous year. E. With respect to services, the total amount or the annual amount budgeted for the non-commercial assistance, indicating, if possible,
	the total amount in the previous year. F. With respect to policies or programs providing for non-commercial assistance in the form of loans or loan guarantees, the amount of the loan or amount of the loan guaranteed, interest rates and fees charged, subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 17-17. G. With respect to policies or programs providing for non-commercial assistance in the form of the provision of goods or services,
	the prices charged, if any, h. With respect to policies or programs providing for non-commercial assistance in the form of equity capital, the amount invested, the number and description of the shares received, and any assessments that were conducted with respect to the underlying investment decision. I. Duration of the policy or program or any other time limits attached to it,
	and J. Statistical data permitting an assessment of the effects of the non-commercial assistance on trade or investment between the parties. 6. Where our party considers that it has not adopted or does not maintain any policies or programs subject to the requirements of paragraph 4,
	it shall so inform the requesting party in writing. 7. If any relevant points in paragraph 5 have not been addressed in the written response, An explanation shall be provided in the written response itself.
	8.
	The parties recognize that the provision of information under paragraphs 5 and 7 does not prejudge the legal status of the assistance that was the subject of the request under paragraph 4 or the effects of that assistance under this agreement.
	9.
	When a party provides written information pursuant to a request under this article and informs the requesting party that it considers the information to be confidential, the requesting party shall not disclose the information without the prior consent of the party.
	Providing the information.
	Article 17.11.
	Technical Cooperation.
	The parties shall, where appropriate and subject to available resources, engage in mutually agreed technical cooperation activities, including Exchanging information regarding parties' experiences in improving the corporate governance and operation of their state-owned enterprises. B. Sharing best practices on policy approaches to ensure a level playing field between state-owned and privately owned enterprises,
	including policies related to competitive neutrality, and subject to legal review in English, Spanish and French for accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 17-18. C. Organizing international seminars, workshops or any other appropriate forum for sharing technical information and expertise related to the governance and operations of state-owned enterprises. Article 17.12,
	Committee on State-Owned Enterprises and Designated Monopolies 31. 1. The parties hereby establish a committee on state-owned enterprises and designated monopolies, comprised of representatives of each party. 2. The committee's functions shall include a reviewing and considering the operation and implementation of this chapter. b. At a party's request,
	consulting on any matter arising under this chapter. C. Developing cooperative efforts, as appropriate, to promote the principles underlying the disciplines contained in this chapter in the free trade area and contribute to the development of similar disciplines in other regional and multilateral institutions in which two or more parties participate,
	and D. Undertaking such other activities as the committee may agree. 3. The committee shall meet within one year after the date this agreement enters into force, and at least annually thereafter,
	unless the parties agree otherwise. The committee may meet in person, teleconference, video conference or by any other means as mutually determined by the parties. Article 17.13, exceptions. 1. Nothing in Article 17.4, non-discriminatory treatment and commercial considerations, or Article 17.6,
	Non-commercial assistance shall be construed to prevent the adoption or enforcement by any party of measures to respond temporarily to a national or global economic emergency or 31.
	Article 17.12.
	Committee ON State-owned Enterprises AND Designated Monopolies shall not apply to the yet name with respect to the entities listed in, A. Entry 8 of the Etnaim S Annex IV, that engage in the non-conforming activities described in Act Entry until that entry ceases to have effect and b.
	Entry 10 of the Et Name S Annex IV, that engage in the non-conforming activities described in that entry.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 17-19 b.
	Apply to a state-owned enterprise with respect to which a party has adopted or enforced measures on a temporary basis in response to a national or global economic emergency for the duration of that emergency 2.
	Article 17.4.1.
	Non-discriminatory treatment and commercial considerations shall not apply with respect to the supply of financial services by a state-owned enterprise pursuant to a government mandate if that supply of financial services, a supports exports or imports, provided that these services I are not intended to displace commercial financing or.
	2 are offered on terms no more favorable than those that could be obtained for comparable financial services in the commercial market 32, 2, or B, supports private investment outside the territory of the party, provided that these services, I, are not intended to displace commercial financing, or 2,
	are offered on terms no more favorable than those that could be obtained for comparable financial services in the commercial market, or C, is offered on terms consistent with the arrangement,
	provided it falls within the scope of the arrangement. 3. The supply of financial services by a state-owned enterprise pursuant to a government mandate shall be deemed to not give rise to adverse effects under Article 17.6.1,
	B, or Article 17.6.2, B. Non-commercial assistance, or under Article 17.6.1, C, or. Article 17.6.2, C. Non-commercial assistance, where the party in which the financial service is supplied requires a local presence in order to supply those services, if that supply of financial services, 33. A,
	supports exports and imports, provided that these services I, are not intended to displace commercial financing, or. 32 In circumstances where no comparable financial services are offered in the commercial market. 1. For the purposes of paragraphs 2,
	A, 2, 2, B, 2, 3, A, 2, and 3, B, 2, the enterprise may rely as necessary on available evidence to establish a benchmark of the terms on which such services would be offered in the commercial market, and, 2, for the purposes of so paragraphs 2, a, i, 2, b, i, 3, a, i, and 3, b, i,
	the supply of the financial services shall be deemed not to be intended to displace commercial financing. 33 for the purposes of article 17.13.3, exceptions, in cases where the country in which the financial service is supplied requires a local presence in order to supply those services, the supply of the financial services identified in article 17.13.3, exceptions,
	through an enterprise that is a covered investment shall be deemed to not give rise to adverse effects. Subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 17-20. 2. Are offered on terms no more favorable than those that could be obtained for comparable financial services in the commercial market. Or B supports private investment outside the territory of the party,
	provided that these services. I, are not intended to displace commercial financing, or 2, are offered on terms no more favorable than those that could be obtained for comparable financial services in the commercial market,
	or C, is offered on terms consistent with the arrangement, provided it falls within the scope of the arrangement. 4. Article 17.6, Non-Commercial Assistance,
	Shall not apply with respect to an enterprise located outside the territory of a party over which a state-owned enterprise of that party has assumed temporary ownership as a consequence of foreclosure or a similar action in connection with defaulted debt or payment of an insurance claim by the state-owned enterprise associated with the supply of the financial services referred to in paragraphs two and three, provided that any support the party.
	a state enterprise or state-owned enterprise of the party provides to the enterprise during the period of temporary ownership is provided in order to recoup the state-owned enterprise's investment in accordance with a restructuring or liquidation plan that will result in the ultimate divestiture from the enterprise.
	5, article 17.4 non-discriminatory treatment and commercial considerations, article 17.6 non-commercial assistance, article 17.10 transparency and article 17.12 committee on state-owned enterprises and designated monopolies shall not apply with respect to a state-owned enterprise or designated monopoly if,
	in any one of the three previous consecutive fiscal years, the annual revenue derived from the commercial activities of the enterprise was less than a threshold amount, which shall be calculated in accordance with annex 17 r, 34 comma 3 5, 34.
	when a party invokes this exception during consultations conducted pursuant to Article 28.5. Consultations the consulting parties should exchange and discuss available evidence concerning the state-owned enterprise's annual revenue derived from the commercial activities during the three previous consecutive fiscal years in an effort to resolve any disagreement regarding the application of this exception.
	During the consultations period.
	35, notwithstanding article 17.13.5.
	Exceptions for a period of five years after entry into force of this agreement.
	Article 17.4 non-discriminatory treatment and commercial considerations.
	And article 17.6 non-commercial assistance shall not apply with respect to a state-owned enterprise or designated monopoly of Brune Der Russalaim, Malaysia or Vietnam if in any one of the three previous consecutive fiscal years, the annual revenue derived from the commercial activities of the enterprise was less than Sdr 500 million.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	17-21.
	Article 17.14 further negotiations.
	Within five years after entry into force of this agreement, the parties shall conduct further negotiations on extending the application of the disciplines in this chapter in accordance with annex 17c, Article 17.15, Process for Developing Information. Annex 17B shall apply in any dispute under Chapter 28, Dispute Settlement, regarding a party's conformity with Article 17.4,
	Non-Discriminatory Treatment and Commercial Considerations, or Article 17.6, Non-Commercial Assistance. Subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 17-22. Annex 17R. Threshold Calculation. 1. At the time of entry into force of this agreement, the threshold referenced in Article 17.13, 5. Exceptions shall be 200 million special drawing rights,
	SDRS. 2. The amount of the threshold shall be adjusted at three-year intervals with each adjustment taking effect in January, beginning 1 January 201x, in accordance with the formula set out in this annex. 3. The threshold shall be adjusted for changes in general price levels using a composite SDR inflation rate,
	calculated as a weighted sum of cumulative percent changes. In the gross domestic product, GDP, deflators of SDR component currencies over the three-year period ending 30 June of the year prior to the adjustment taking effect, and using the following formula. Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English,
	Spanish and French versions. 181. Chapter 18. Intellectual Property. Section, General Provisions. Article 18.1, Definitions. 1. For the purposes of this chapter, Berne Convention means the Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris, July 24, 1971,
	Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, 1977, as amended. On September 26, 1980,
	Declaration on Trips and Public Health means the Declaration on the Trips Agreement and Public Health, weight slash mean, 01, slash deck slash 2, adopted on November 14, 2001, geographical indication means an indication that identifies a good as originating in the territory of a party, or a region or locality in that territory, where a given quality,
	reputation or other characteristic of the good is essentially attributable to its geographic origin. Intellectual property refers to all categories of intellectual property that are the subject of sections 1 through 7 of Part 2 of the TRIPS Agreement, Madrid Protocol means the Protocol relating to the Madrid Agreement concerning the international registration of marks done at Madrid, June 27, 1989,
	Paris Convention means the Paris Convention for the Protection of Industrial Property, as revised at Stockholm, July 14, 1967,
	performance means a performance fixed in a phonogram unless otherwise specified. With respect to copyright and related rights, the term right to authorize or prohibit refers to exclusive rights. Singapore Treaty means the Singapore Treaty on the Law of Trademarks done at Singapore,
	March 27, 2006, APOV 1991 means the International Convention for the Protection of New Varieties of Plants as revised at Geneva, March 19, 1991, WCT means the WIPO Copyright Treaty, done at Geneva, December 20, 1996, subject to legal review in English, Spanish and French for accuracy, clarity,
	and consistency. Subject to authentication of English, Spanish and French versions. 182. WIPO means the World Intellectual Property Organization, for greater certainty, work includes a cinematographic work, photographic work and computer program, and WPPT means the WIPO Performances and Phonograms Treaty, done at Geneva, December 20,
	1996. 2. For the purposes of Article 18.8, National Treatment, Article 18.31, A. Administrative Procedures for the Protection or Recognition of Geographical Indications,
	and Article 18.62.1, Related Rights, a national means, in respect of the relevant right, a person of a party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 18.7,
	International Agreements, or the TRIPS Agreement. Article 18.2, Objectives. The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology,
	to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare and to a balance of rights and obligations. Article 18.3, Principles. 1. A party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition,
	and to promote the public interests in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this chapter. 2. Appropriate measures,
	provided that they are consistent with the provisions of this chapter, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology. Article 18.4,
	understandings in respect of this chapter. Having regard to the underlying public policy objectives of national systems, the parties recognize the need to promote innovation and creativity, subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 18.3. b facilitate the diffusion of information, knowledge, technology, culture, and the arts, and c. Foster competition and open and efficient markets through their respective intellectual property systems,
	while respecting the principles of transparency and due process, and taking into account the interests of relevant stakeholders including right holders, service providers, users and the public. Article 18.5, Nature and Scope of Obligations. Each party shall give effect to the provisions of this chapter. A party may, but shall not be obliged to,
	provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this chapter, provided that such protection or enforcement does not contravene the provisions of this chapter. Each party shall be free to determine the appropriate method of implementing the provisions of this chapter within its own legal system and practice. Article 18.6,
	understandings regarding certain public health measures. 1. The parties affirm their commitment to the Declaration on TRIPS and Public Health. In particular, the parties have reached the following understandings regarding this chapter. The obligations of this chapter do not and should not prevent a party from taking measures to protect public health. Accordingly,
	while reiterating their commitment to this chapter, the parties affirmed that this chapter can and should be interpreted and implemented in a manner supportive of each party's right to protect public health and, in particular, to promote access to medicines for all. Each party has the right to determine what constitutes a national emergency or other circumstances of extreme urgency,
	it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency. b in recognition of the commitment to access to medicines that are supplied in accordance with the decision of the general council of August 30,
	2003 on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health Wait slash L slash 540 and the WTO General Council Chairman S statement accompanying The decision, Job, 03, slash 177, Wait slash GC slash M slash 82, as well as the decision of the WTO General Council of December 6,
	2005 on the amendment of the TRIPS agreement, WAIT slash L slash 641, and the WTO General Council. Chairperson S statement accompanying the decision, Job, 05,
	319 and CAR. 1, Wait slash GC slash M slash 100. Collectively, the TRIPS slash health solution. Subject to legal review in English, Spanish and French for accuracy,
	clarity, and consistency. Subject to authentication of English, Spanish and French versions. 184. This chapter does not and should not prevent the effective utilization of the TRIPS slash health solution. C. With respect to the aforementioned matters,
	if any waiver of any provision of the TRIPS agreement, or any amendment of the TRIPS agreement enters into force with respect to the parties, and the party's application of a measure in conformity with that waiver or amendment is contrary to the obligations of this chapter,
	the parties shall immediately consult in order to adapt this chapter as appropriate in the light of the waiver or amendment. 2. Each party shall notify, if it has not already done so, the WTO of its acceptance of the protocol amending the TRIPS agreement, done at Geneva on December 6, 2005. Article 18.7,
	International Agreements. 1. Each party affirms that it has ratified or acceded to the following agreements. A. Patent Cooperation Treaty, as amended September 28, 1979. B. Paris Convention, and C. Bern Convention. 2. Each party shall ratify or accede to each of the following agreements,
	if it is. Not already a party to that agreement by the date of entry into force of this agreement. For that party. A. Madrid Protocol. B. Budapest Treaty. C. Singapore Treaty,
	1. D. APOV 1991, 2. E, WCT, and F, WPPT. 1. A party may satisfy the obligations in paragraph 2,
	A, and 2, C, by ratifying or acceding to either the Madrid Protocol or the Singapore Treaty. 2 Annex 18 applies to this a paragraph. Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 18.5. Article 18.8, National Treatment.
	1.
	In respect of all categories of intellectual property covered in this chapter, 3.
	Each party shall accord to nationals of another party treatment no less favorable than it accords to its own nationals with regard to the protection for of intellectual property rights.
	2.
	With respect to secondary uses of phonograms by means of analog communications and free over-the-air broadcasting and other non-interactive communications to the public.
	However, a party may limit the rights of the performers and producers of another party to the rights its persons are recorded within the jurisdiction of that other party.
	3.
	A party may derogate from paragraph 1 in relation to its judicial and administrative procedures, including requiring a national of another party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is necessary to secure compliance with laws or regulations that are not inconsistent with this chapter,
	and b not applied in a manner that would constitute a disguised restriction on trade. 4. Paragraph 1 does not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights. Article 18.9,
	Transparency. 1. Further to Article 26.2, Publication, and Article 18.73.1, Enforcement. Practices with respect to intellectual property rights. Each party shall endeavor to make available on the Internet its laws,
	regulations, procedures and administrative. 3. For greater certainty, with respect to copyrights and related rights that are not covered under Section H, Copyright and Related Rights, nothing in this agreement limits a party from taking an otherwise permissible derogation from national treatment with respect to those rights. 4. For the purposes of this paragraph, protection shall include matters affecting the availability,
	acquisition, scope, maintenance and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically covered by this chapter. Further, for the purposes of this paragraph, protection also includes the prohibition on the circumvention of effective technological measures set out in Article 18.68, TPMS,
	and the provisions concerning rights. Management information set out in Article 18.69, me. For greater certainty, matters affecting the use of intellectual property rights specifically covered by this chapter in respect of works,
	performances and phonograms, include any form of payment, such as licensing fees, royalties, equitable remuneration, or levies, in respect of uses that fall under the copyright and related rights in this chapter. The preceding sentence is without prejudice to a party's interpretation of matters affecting the use of intellectual property rights in footnote 3 of the TRIPS Agreement. Subject to legal review in English,
	Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 186. Rulings of general application concerning the protection and enforcement of intellectual property rights. 2. Each party shall,
	subject to its law, endeavor to make available on the internet information that makes public concerning applications for trademarks, geographical indications, designs, patents and plant variety rights. 5.6. 3. Each party shall, subject to its law, make available on the internet information that it makes public concerning registered or granted trademarks,
	geographical indications, designs, patents and plant variety rights, sufficient to enable the public to become acquainted with those registered or granted rights.7. Article 18.10,
	Application of Chapter to Existing Subject Matter and Prior Acts. 1. Unless otherwise provided in this chapter, including in Article 18.64. Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement,
	this chapter gives rise to obligations in respect of all subject matter. Existing at the date of entry into force of this agreement for a party and that is protected on that date in the territory of a party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this chapter. 2. Unless provided in Article 18.64,
	Application of Article 18 of the Brawn Convention and Article 14.6 of the TRIPS Agreement, a party shall not be required to restore protection to subject matter that, on the date of entry into force of this agreement for that party, has fallen into the public domain in its territory.
	3.
	This chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this agreement for a party.
	Article 18.11, Exhaustion of intellectual property rights.
	Nothing in this agreement prevents a party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.8.
	5.
	For greater certainty, paragraphs 2 and 3 are without prejudice to a party's obligations under Article 18.24, Electronic Trademarks System. 6 For greater certainty, paragraph 2 does not require a party to make available on the internet the entire dossier for the relevant application. 7. For greater certainty,
	paragraph 3 does not require a party to make available on the internet the entire dossier for the relevant registered or granted intellectual property right. 8 For greater certainty, this article is without prejudice to any provisions addressing the exhaustion of intellectual property rights in international agreements to which a party is a party. Subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 18.7. Section B, Cooperation. Article 18.12, Contact Points for Cooperation. Further to Article 21.3, Contact Points for Cooperation and Capacity. Building, Each party may designate and notify under Article 27.5.2,
	Contact Points, 1 or more Contact Points for the Purpose of Cooperation under this section. Article 18.13, Cooperation Activities and Initiatives. The parties shall endeavor to cooperate on the subject matter covered by this chapter, such as through appropriate coordination, training and exchange of information between the respective intellectual property offices of the parties, or other institutions,
	as determined by each party. Cooperation may cover areas such as a developments in domestic and international intellectual property policy. B. Intellectual property administration and registration systems C. Education and awareness relating to intellectual property. D. Intellectual property issues relevant to I. Small and medium-sized enterprises. 2. Science,
	technology and innovation activities, and 3. The generation, transfer and dissemination of technology. E. Policies involving the use of intellectual property for research, innovation and economic growth. F. Implementation of multilateral intellectual property agreements, such as those concluded or administered under the auspices of WIPO, And G.
	Technical assistance for developing countries.
	Article 18.14, Patent Cooperation and Work Sharing.
	1.
	The parties recognize the importance of improving the quality and efficiency of their respective patent registration systems, as well as simplifying and streamlining the procedures and processes of their respective patent offices, for the benefit of all users of the patent system and the public as a whole.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions. 188. 2. Further to paragraph 1, the parties shall endeavor to cooperate among their respective patent offices to facilitate the sharing and use of search and examination work of other parties. This may include a. Making search and examination results available to the patent offices of other parties,
	9 and b exchanging information on quality assurance systems and quality standards relating to patent examination. 3. In order to reduce the complexity and cost of obtaining the grant of a patent,
	the parties shall endeavor to cooperate to reduce differences in the procedures and processes of their respective patent offices. 4. The parties recognize the importance of giving due consideration to ratifying or acceding to the patent law treaty done at Geneva,
	June 1, 2000, or in the alternative, adopting or maintaining procedural standards consistent with the objective of the patent law treaty. Article 18.15, Public Domain. 1. The parties recognize the importance of a rich and accessible public domain. 2. The parties also acknowledge the importance of informational materials,
	such as publicly accessible databases of registered intellectual property rights that assist in the identification of subject matter that has fallen into the public domain. Article 18.16, Cooperation in the Area of Traditional Knowledge. 1. The parties recognize the relevance of intellectual property systems and traditional knowledge associated with genetic resources to each other,
	When that traditional knowledge is related to those intellectual property systems.
	2.
	The parties shall endeavor to cooperate through their respective agencies responsible for intellectual property or other relevant institutions, to enhance the understanding of issues connected with traditional knowledge associated with genetic resources and genetic resources.
	3.
	The parties shall endeavor to pursue quality patent examination, which may include, 9.
	The parties recognize the importance of multilateral efforts to promote the sharing and use of search and examination results, with a view to improving the quality of search and examination processes and to reducing the costs for both applicants and patent offices. Subject to legal review in English, Spanish and French for accuracy, clarity,
	and consistency. Subject to authentication of English, Spanish and French versions. 89. A. That in determining prior art, Relevant publicly available documented information related to traditional knowledge associated with genetic resources may be taken into account.
	B an opportunity for third parties to cite, in writing to the competent examining authority, prior art disclosures that may have a bearing on patentability, including prior art disclosures related to traditional knowledge associated with genetic resources.
	C if applicable and appropriate, the use of databases or digital libraries containing traditional knowledge associated with genetic resources and.
	D cooperation in the training of patent examiners in the examination of patent applications related to traditional knowledge associated with genetic resources.
	Article 18.17, cooperation on request.
	Cooperation activities and initiatives undertaken under this chapter shall be subject to the availability of resources and on request and on terms and conditions mutually agreed upon between the parties involved.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1810, section c trademarks.
	Article 18.18 types of signs registrable as trademarks.
	No party shall require as a condition of registration that a sign be visually perceptible.
	Nor shall a party deny registration of a trademark only on the ground that the sign of which it is composed is a sound.
	Additionally, each party shall make best efforts to register scent marks.
	A party may require a concise and accurate description or graphical representation, or both, as applicable, of the trademark.
	Article 18.19, collective and certification marks.
	Each party shall provide that trademarks include collective marks and certification marks.
	A party is not obligated to treat certification marks as a separate category in its law, provided that those marks are protected.
	Each party shall also provide that signs that may serve as geographical indications are capable of protection under its trademark system.10.
	Article 18.20, use of identical or similar signs.
	Each party shall provide that the owner of a registered trademark has the exclusive right to prevent third parties that do not have the owner's consent from using, in the course of trade, identical or similar signs, including subsequent geographical indications.
	11, comma 1, 2 for goods or services that are related to those goods or services in respect of which the owner's trademark is registered, where such use would result in a likelihood of confusion.
	In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.
	Article 18.21 exceptions, a party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that those exceptions take account of the legitimate interest of the owner of the trademark and of third parties.
	10, consistent with the definition of a geographical indication in article 18.1.
	Definitions, any sign or combination of signs shall be eligible for protection under one or more of the legal means for protecting geographical indications or a combination of such means.
	11 for greater certainty, the exclusive right in this article applies to cases of unauthorized use of geographical indications with goods for which the trademark is registered, in cases in which the use of the geographical indication in the course of trade would result in a likelihood of confusion as to the source of the goods.
	12 for greater certainty, the parties understand that this article should not be interpreted to affect their rights and obligations under article 22 and article 23 of the trips agreement.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1811, article 18.22.
	Well-known trademarks 1.
	No party shall require as a condition for determining that a trademark is well known that the trademark has been registered in the party or in another jurisdiction, included on a list of Well-known trademarks or given prior recognition as a well-known trademark 2.
	Article 6 biz of the Paris Convention shall apply mutatus mutandies to goods or services that are not identical or similar to those identified by a well-known trademark.
	13, whether registered or not, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use 3.
	Each party recognizes the importance of the joint recommendation concerning provisions on the protection of well-known marks as adopted by the Assembly of the Paris Union FOR THE Protection OF Industrial Property and the General Assembly of Whipo at the 34th series of meetings of the assemblies of the member states of Whipo, september 20 to 29 1999 4.
	Each party shall provide for appropriate measures to refuse the application or cancel the registration and prohibit the use of a trademark that is identical or similar to a well-known trademark.
	14 for identical or similar goods or services.
	If the use of that trademark is likely to cause confusion with the prior well-known trademark, a party may also provide such measures, including in cases in which the subsequent trademark is likely to deceive article 18.23.
	Procedural aspects of examination, opposition and cancellation.
	Each party shall provide a system for the examination and registration of trademarks which includes, among other things, a communicating to the applicant in writing, which may be by electronic means.
	The reasons for any refusal to register a trademark.
	B providing the applicant with an opportunity to respond the communications from the competent authorities, to contest any initial refusal and to make a judicial appeal of any final refusal to register a trademark 13.
	In determining whether a trademark is well known in a party, that party need not require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services.
	14 the parties understand that a well-known trademark is one that was already well known before.
	As determined by a party.
	The application for registration of or use of the first mentioned trademark, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1812 c.
	Providing an opportunity to oppose the registration of a trademark order.
	Seek cancellation 15 of a trademark and d.
	Requiring administrative decisions in opposition and cancellation proceedings to be reasoned and in writing, which may be provided by electronic means.
	Article 18.24.
	Electronic trademarks system.
	Each party shall provide, a a system for the electronic application for and maintenance of trademarks and.
	B A publicly available electronic information system,
	including an online database, of trademark applications and of registered trademarks. Article 18.25, classification of goods and services. Each party shall adopt or maintain a trademark classification system that is consistent with the NICE agreement concerning the international classification of goods and services for the purposes of the registration of marks done at NICE,
	June 15, 1957, as revised and amended. NICE classification. Each party shall provide that registrations and the publications of applications indicate the goods and services by their names,
	grouped according to the classes established by the NICE classification, 16 and B, goods or services may not be considered as being similar to each other. On the ground that,
	in any registration or publication, they are classified in the same class of the NICE classification. Conversely, each party shall provide that goods or services may not be considered as being dissimilar from each other on the ground that, In any registration or publication, they are classified in different classes of the NICE classification.
	15, For greater certainty, cancellation for purposes of this section may be implemented through nullification or revocation proceedings.
	16, A party that relies on translations of the NICE classification shall follow updated versions of the NICE classification to the extent that official translations have been issued and published.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions. 1813. Article 18.26, Term of Protection for Trademarks. Each party shall provide that initial registration and each renewal of registration of a trademark is for a term of no less than 10 years. Article 18.27,
	non-recording of a license. No party shall require recordal of trademark licenses, to establish the validity of the license, or b as a condition for use of a trademark by a licensee to be deemed to constitute use by the holder in a proceeding that relates to the acquisition,
	maintenance or enforcement of trademarks. Article 18.28, domain names. 1. In connection with each party's system for the management of its country code. Top level domain, CCTLD, domain names, the following shall be available. A. An appropriate procedure for the settlement of disputes, based on, or modeled along the same lines as,
	the principles established in the Uniform Domain Name Dispute Resolution Policy, as approved by the Internet Corporation for Assigned Names and Mumbers, ECAN, or that. I. is designed to resolve disputes expeditiously and at low cost. 2. Is fair and equitable. 3. Is not overly burdensome and 4. Does not preclude resort to judicial proceedings,
	and b online public access to a reliable and accurate database of contact. Information concerning domain name registrants in accordance with each party's law and, if applicable, relevant administrator policies. Regarding protection of privacy and personal data. 2. In connection with each party's system for the management of CCTLD domain. Names,
	appropriate remedies 17 shall be available at least in cases in which a person. 17. The parties understand that such remedies may, but need not, include, among other things, revocation, cancellation, transfer, damages or injunctive relief. Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English,
	Spanish and French versions. 1814. Registers or holds, with a bad faith intent to profit, a domain name that is identical or confusingly similar to a trademark. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1815. Section D, Country Names. Article 18.29,
	Country Names. Each party shall provide the legal means for interested persons to prevent commercial use of the country name of a party in relation to a good in a manner that misleads consumers as to the origin of that good. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1816. Section E, Geographical Indications. Article 18.30,
	Recognition of Geographical Indications. The parties recognize that geographical indications may be protected through our trademark or sui generis system or other legal means. Article 18.31, administrative procedures for the protection or recognition of geographical indications. If a party provides administrative procedures for the protection or recognition of geographical indications,
	whether through a trademark or a sui generis system, that party shall with respect to applications for that protection or petitions for that recognition. A, Accept those applications or petitions without requiring intercession by a party on behalf of its nationals.
	18.
	B. Process those applications or petitions without imposition of overly burdensome formalities c.
	Ensure that its laws and regulations governing the filing of those applications or petitions are readily available to the public and clearly set out the procedures for these actions d.
	Make available information sufficient to allow the general public to obtain guidance concerning the procedures for filing applications or petitions and the processing of those applications or petitions in general, and allow an applicant, a petitioner or their representative to ascertain the status of specific applications and petitions e.
	Ensure that those applications or petitions are published for opposition and provide procedures for opposing geographical indications that are the subject of applications or petitions and f.
	Provide for cancellation.
	19 of the protection or recognition afforded to a geographical indication 18.
	This a paragraph also applies to judicial procedures that protect or recognize a geographical indication.
	19 for greater certainty.
	For the purposes of this section, cancellation may be implemented through nullification or revocation proceedings, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1817.
	Article 18.32.
	Grounds of opposition and cancellation, 20.
	1. If a party protects or recognizes a geographical indication through the procedures referred to in Article 18.31, administrative procedures for the protection or recognition of geographical indications, that party shall provide procedures that allow interested persons to object to the protection or recognition of a geographical indication and that allow for any such protection or recognition to be refused or acceptable.
	otherwise not afforded, at least on the following grounds, a the geographical indication is likely to cause confusion with a trademark that is the subject of a pre-existing good faith pending application or registration in the territory of the party.
	B the geographical indication is likely to cause confusion with the pre-existing trademark the rights to which have been acquired in accordance with the party's law and c.
	The geographical indication is a term customary in common language as the common name.
	21 for the relevant good in the territory of the party 2.
	If a party has protected or recognized a geographical indication through the procedures referred to in Article 18.31, administrative procedures for the protection or recognition of geographical indications,
	that party shall provide procedures that allow for interested persons to seek the cancellation of a geographical indication, and that allow for the protection or recognition to be cancelled, at least, on the grounds .
	in paragraph 1.
	A party may provide that the grounds listed in paragraph 1 shall apply as of the time of filing the request for protection or recognition of a geographical indication in the territory of the party.
	Dot 22 3, 3.
	No party shall preclude the possibility that the protection or recognition of the geographical indication may be cancelled, or otherwise cease, on the basis that the protected or recognized term has ceased meeting the conditions upon which the protection or recognition was originally granted in that party.
	20, A party is not required to apply this article to geographical indications for wines and spirits or the applications or petitions for those geographical indications.
	21, For greater certainty, if a party provides for the procedures in Article 18.31, administrative procedures for the protection or recognition of geographical indications and this article to be applied to geographical indications for wines and spirits or applications or petitions for those geographical indications,
	the parties understand nothing shall require a party to protect or recognize a geographical indication of any other party with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in the territory of that party. 22 for greater certainty,
	if the grounds listed in paragraph 1 did not exist in a party S law as of the time of filing of the request for protection or recognition of a geographical indication under Article 18.31 Administrative procedures for the protection or recognition of geographical indications,
	that party is not required to apply those grounds for the purposes of paragraphs 2 or 4, grounds of opposition and cancellation, in relation to that geographical indication. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1818. 4. If a party has in place a sui generis system for protecting unregistered geographical indications by means of judicial procedures,
	That party shall provide that its judicial authorities have the authority to deny the protection or recognition of the geographical indication if any of the circumstances identified in paragraph 1 has been established.
	23.
	That party shall also provide a process that allows interested persons to commence a proceeding on the grounds identified in paragraph 1.
	5.
	If a party provides protection or recognition of a geographical indication through the procedures referred to in Article 18.31, administrative procedures for the protection or recognition of geographical indications to the translation or transliteration of that geographical indication,
	that party shall make available procedures that are equivalent to, and grounds that are the same as, those referred to, In paragraphs 1 and 2 with respect to the translation or transliteration. Article 18.33,
	guidelines for determining whether a term is the term customary in the common language. With respect to the procedures in Article 18.31, administrative procedures for the protection or recognition of geographical indications,
	and Article 18.32. Grounds of opposition and cancellation, in determining whether a term is the term customary in common language as the common name for the relevant good in the territory of a party,
	that party S authorities shall have the authority to take into account how consumers understand the term in the territory of that party. Factors relevant to such consumer understanding may include a whether the term is used to refer to the type of good in question,
	as indicated by competent sources such as dictionaries, newspapers and relevant websites, and b how the good referenced by the term is marketed and used in trading the territory of that party.24 Article 18.34,
	multi-component terms. With respect to the procedures in Article 18.31, administrative procedures for the protection or recognition of geographical indications on Article 18.32 Grounds of opposition and cancellation, an individual component of a multi-component term that is protected as a geographical indication in the territory of 23 As an alternative to this paragraph,
	if a party has in place a sui generis system of the type referred to. In this paragraph as of the applicable date under Article 18.36.6, international agreements,
	that party shall at least provide that its judicial authorities have the authority to deny the protection or recognition of a geographical indication if the circumstances identified in paragraph 1 have been established. 24 For the purposes of this paragraph,
	a party S authorities may take into account, as appropriate, whether the term is used in relevant international standards recognized by the parties to refer to a type or class of good in the territory of the party. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1819. Party shall not be protected in that party if that individual component is a term. Customary in the common language as the common name for the associated good. Article 18.35,
	Date of Protection of a Geographical Indication. If a party grants protection or recognition to a geographical indication through the procedures referred to in Article 18.31, Administrative procedures for the protection or recognition of geographical indications, that protection or recognition shall commence no earlier than the filing date.
	25 in the party or the registration date in the party as applicable.
	Article 18.36 international agreements one.
	If a party protects or recognizes a geographical indication pursuant to an international agreement as of the applicable date under paragraph 6, involving a party or a non-party, and that geographical indication is not protected through the procedures referred to in article 18.31 administrative procedures for the protection or recognition of geographical indications.
	26 or article 18.32.4 grounds of opposition and cancellation, that party shall apply at least procedures and grounds that are equivalent to those in article 18.31 e administrative procedures for the protection or recognition of geographical indications and article 18.32.1 grounds of opposition and cancellation,
	as well as make available information sufficient to allow the general public to obtain guidance concerning the procedures for protecting or recognizing the geographical indication and allow interested persons to ascertain the status of requests for protection or recognition b.
	Make available to the public on the internet details regarding the terms that the party is considering protecting or recognizing through an international agreement involving a party or a non-party, including specifying whether the protection or recognition is being considered for any translations or transliterations of those terms and with respect to multi-component terms, specifying the components, if any,
	for which protection or recognition is being considered or the components that are disclaimed c.
	In respect of opposition procedures, provide a reasonable period of time for interested persons to oppose the protection or recognition of the terms referred to in so paragraph b.
	That period shall provide a 25.
	For greater certainty, the filing date referred to in this paragraph includes, as applicable, the priority filing date under the Paris Convention.
	26, each party shall apply 18.33 guidelines for determining whether a term is the term customary in the common language and 18.34 multi-component terms in determining whether to grant protection or recognition of a geographical indication pursuant to this paragraph, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 1820.
	Meaningful opportunity for interested persons to participate in an opposition process and d.
	Inform the other parties of the opportunity to oppose no later than the commencement of the opposition period 2.
	In respect of international agreements covered by paragraph 6 that permit the protection or recognition of a new geographical indication, a party shall 27 comma 28, Apply.
	Paragraph 1, b. b. Provide an opportunity for interested persons to comment regarding the protection or recognition of the new geographical indication for a reasonable period of time before such a term is protected or recognized, and c. Inform the other parties of the opportunity to comment, no later than the commencement of the period for comment. 3. For the purposes of this article,
	a party shall not preclude the possibility that the protection or recognition of a geographical indication could cease. 4. For the purposes of this article, a party is not required to apply Article 18.32. Grounds of opposition and cancellation, or obligations equivalent to Article 18.32,
	to geographical indications for wines and spirits or applications for those geographical indications. 5. Protection or recognition provided pursuant to paragraph 1 shall commence no. Earlier than the date on which the agreement enters into force or,
	if that party grants that protection or recognition on a date after the entry into force of the agreement, on that later date. 6. No party shall be required to apply this article to geographical indications that have been specifically identified in,
	and that are protected or recognized pursuant to, an international agreement involving a party or a non-party, provided that the agreement was concluded or agreed in principle, 29 prior to the date of conclusion, or agreement in principle, of this agreement, 27 In respect of international agreements covered by paragraph 6 that have geographical indications that have been identified,
	but have not yet received protection or recognition in the territory of the party. That is a party to that agreement, that party may fulfill the obligations of paragraph 2 by complying with the obligations of paragraph 1. 28 A party may comply with this article by applying Article 18.31,
	Administrative Procedures for the Protection or Recognition of Geographical Indications, and Article 18.32, Grounds of Opposition and Cancellation. 29 For the purpose of this article,
	an agreement agreed in principle means an agreement involving another government, government entity or international organization in respect of which a political. Subject to legal review in English, Spanish and French for accuracy, clarity, And consistency.
	Subject to authentication of English, Spanish and French versions.
	1821.
	B. Was ratified by a party prior to the date of ratification of this agreement by that party, or c.
	Entered into force for a party prior to the date of entry into force of this agreement for that party.
	Understanding has been reached and the negotiated outcomes of the agreement have been publicly announced.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1822, section F, Patents and undisclosed test or other data.
	Subsection A, General Patents. Article 18.37, Patentable Subject Matter. 1. Subject to paragraphs 3 and 4, each party shall make patents available for any invention,
	whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step and is capable of industrial application. 30. 2. Subject to paragraphs 3 and 4 and consistent with paragraph 1,
	each party confirms that patents are available for inventions claimed as at least one of the following new uses of a known product, new methods of using a known product, or new processes of using a known product. A party may limit those new processes to those that do not claim the use of the product as such. 3. A party may exclude from patentability inventions,
	the prevention within their territory of the commercial exploitation of which is necessary to protect orderly public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to nature or the environment, provided that such exclusion is not made merely because the exploitation is prohibited by its law. A party may also exclude from patentability diagnostic,
	therapeutic and surgical methods for the treatment of humans or animals. B. Animals other than microorganisms and essentially biological processes for the production of plants or animals other than biological and micro-biological processes. 4. A party may also exclude from patentability plants other than microorganisms. However,
	consistent with paragraph 1 and subject to paragraph 3, each party confirms that patents are available at least for inventions that are derived from plants. Article 18.38, Grace Period. Each party shall disregard at least information contained in public disclosures. Used to determine if an invention is novel or has an inventive step if the public disclosure,
	31,32. 30 For the purposes of this section, a party may deem the terms inventive step and capable of industrial application to be synonymous with the terms non-obvious and useful,
	respectively. In determinations regarding inventive step or non-obviousness, each party shall consider whether the claimed invention would have been obvious to a person skilled or having ordinary skill in the art having regard to the prior art. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1823. A was made by the patent applicant or by a person that obtained the information directly or indirectly from the patent applicant,
	and b occurred within 12 months prior to the date of the filing of the application in the territory of the party. Article 18.39, Patent Revocation. 1. Each party shall provide that a patent may be cancelled, revoked or nullified. Only on grounds that would have justified a refusal to grant the patent. A party may also provide that fraud,
	misrepresentation or inequitable conduct may be the basis for cancelling, revoking or nullifying a patent or holding a patent unenforceable. 2. Notwithstanding paragraph 1, a party may provide that a patent may be revoked, provided it is done in a manner consistent with Article 5 of the Paris Convention and the TRIPS Agreement. Article 18.40,
	Exceptions. A party may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner,
	taking account of the legitimate interests of third parties. Article 18.41, other use without authorization of the right holder. The parties understand that nothing in this chapter limits a party's rights and obligations under Article 31 of the TRIPS Agreement,
	any waiver or any amendment to that article that the parties accept. 31. No party shall be required to disregard information contained in applications for, or registrations of, intellectual property rights made available to the public or published by a patent office, unless erroneously published or unless the application was filed without the consent of the inventor or their successor in title,
	by a third person who obtained the information directly or indirectly from the inventor. 32 For greater certainty, a party may limit the application of this article to disclosures made by, or obtained directly or indirectly from, the inventor or joint inventor. For greater certainty, a party may provide that, for the purposes of this article,
	information obtained directly or indirectly from the patent applicant may be information contained in the public disclosure that was authorized by, or derived from, the patent applicant. Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English,
	Spanish and French versions. 1824. Article 18.42, Patent Filing. Each party shall provide that if an invention is made independently by more than one inventor and separate applications claiming that invention filed with or for the relevant authority of the party,
	that party shall grant the patent on the application that is patentable and that has the earliest filing date or, if applicable, priority date, 33 unless that application has, prior to publication,
	34 been withdrawn, abandoned or refused. Article 18.43, Amendments, Corrections and Observations. Each party shall provide a patent applicant with at least one opportunity to make amendments,
	corrections and observations in connection with its application. 35. Article 18.44, Publication of Patent Applications. 1. Recognizing the benefits of transparency in the patent system, each party shall. Endeavor to publish unpublished pending patent applications promptly after the expiration of 18 months from the filing date or, if priority is claimed,
	From the earliest priority date.
	2.
	If a pending application is not published promptly in accordance with paragraph 1, a party shall publish that application or the corresponding patent as soon as practicable.
	3.
	Each party shall provide that an applicant may request the early publication of an application prior to the expiration of the period referred to in paragraph 1.
	Article 18.45, information relating to published patent applications and granted patents.
	For published patent applications and granted patents, and in accordance with the party's requirements for prosecution of such applications and patents, each party shall make available to the public at least the following information,
	to the extent that such information is in the possession of the competent authorities and is generated on or after the date of the entry into force of this agreement for that party. 33. A party shall not be required to apply this article in cases involving derivation or in situations involving any application that has or had,
	at any time, at least one claim having an effective filing date. Before the date of entry into force of this agreement for that party or any application that has or hid, at any time, a priority claim to an application that contains or contains such a claim. 34. For greater certainty, a party may grant the patent to the subsequent application that is patentable,
	if an earlier application has been withdrawn, abandoned, or refused, or is not prior out against the subsequent application. 35 A party may provide that such amendments do not go beyond the scope of the disclosure of the invention as of the filing date. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1825. A. Search and examination results, including details of or information related to relevant prior art such as B. As appropriate, non-confidential communications from applicants,
	and C. Patent and non-patent-related literature citations submitted by applicants and relevant third parties. Article 18.46, Patent Term Adjustment for Patent Office Delays. 1. Each party shall make best efforts to process patent applications in an efficient and timely manner,
	with a view to avoiding unreasonable or unnecessary delays. 2. A party may provide procedures for a patent applicant to request to expedite the examination of its patent application. 3. If there are unreasonable delays in a party's issuance of patents,
	that party shall provide the means to, and at the request of the patent owner shall, adjust the term of the patent to compensate for such delays.36. 4. For the purposes of this article, an unreasonable delay at least shall include a delay in the issuance of a patent of more than five years from the date of filing of the application in the territory of the party,
	or three years after a request for examination of the application has been made, whichever is later. A party may exclude, from the determination of such delays, periods of time that do not occur during the processing 37 of or the examination of the patent application by the granting authority, periods of time that are not directly attributable 38 to the granting authority,
	as well as periods of time that are attributable to the patent applicant.39. 36 Annex 18D applies to this paragraph. 37 For the purposes of this paragraph,
	a party may interpret processing to mean initial administrative processing and administrative processing at the time of grant. 38 A party may treat delays that are not directly attributable to the granting authority as delays that are outside the direction or control of the granting authority. 39 Notwithstanding Article 18.10,
	Application of Chapter 2 Existing Subject Matter and Prior Acts, this article shall apply to all patent applications filed after the date of entry into force of this agreement for that party, or the date two years after the signing of this agreement, whichever is later for that party. Subject to legal review in English, Spanish and French for accuracy, clarity,
	and consistency. Subject to authentication of English, Spanish and French versions. 1826. Subsection B, Measures relating to agricultural chemical products. Article 18.47,
	Protection of Undisclosed Test or Other Data for Agricultural Chemical Products. 1. If a party requires, as a condition for granting marketing approval 40 for a new agricultural chemical product,
	the submission of undisclosed test or other data. Concerning the safety and efficacy of the product, 41. That party shall not permit third persons, without the consent of the person that previously submitted such information,
	to market the same or a similar 42 product on the basis of that information or the marketing approval granted to the person that submitted such test or other data for at least 10 years 43 from the date of marketing approval of the new agricultural chemical product in the territory of the party. 2. If a party permits,
	as a condition of granting marketing approval for a new agricultural chemical product, the submission of evidence of a prior marketing approval of the product in another territory, that party shall not permit third persons, without the consent of the person that previously submitted undisclosed test or other data concerning the safety and efficacy of the product in support of that prior marketing approval,
	to market the same or a similar product based on that undisclosed test or other data, or other evidence of the prior marketing approval in the other territory, for at least 10 years from the date of marketing approval of the new agricultural chemical product in the territory of the party. 3. For the purposes of this article,
	a new agricultural chemical product is 1. That contains 44 a chemical entity that has not been previously approved in the territory of the party for use in an agricultural chemical product. 40 For the purposes of this chapter,
	the term marketing approval is synonymous with sanitary approval under a party's law. 41 Each party confirms that the obligations of this article apply to cases in which the party requires the submission of undisclosed test or other data concerning only the safety of the product. B,
	only the efficacy of the product or C, both. 42 For greater certainty, for the purposes of this section, an agricultural chemical product is similar to a previously approved agricultural chemical product if the marketing approval,
	or, in the alternative, the applicant's request for such approval, of that similar agricultural chemical product is based upon the undisclosed test or other data concerning the safety and efficacy of the previously approved agricultural chemical product or the prior approval of the previously approved product. 43 For greater certainty,
	a party may limit the period of protection under this article to 10 years. 44 For the purposes of this article, a party may treat containers meaning utilize. For greater certainty, for the purposes of this article, a party may treat utilizers requiring the new chemical entity to be primarily responsible for the product as intended effect. Subject to legal review in English, Spanish and French for accuracy, clarity,
	and consistency. Subject to authentication of English, Spanish and French versions. 1827. Subsection C, Measures relating to pharmaceutical products. Article 18.48, Patent Term Adjustment for Unreasonable Curtailment. 1. Each party shall make best efforts to process applications for marketing. Approval of pharmaceutical products in an efficient and timely manner,
	with a view to avoiding unreasonable or unnecessary delays. 2. With respect to a pharmaceutical product 45 that is subject to a patent each party shall make available an adjustment 46 of the patent term to compensate the patent owner for unreasonable curtailment of the effective patent term as a result of the marketing approval process.47 48. 3. For greater certainty,
	in implementing the obligations of this article, each party may provide for conditions and limitations, provided that the party continues to give effect to this article. 4. With the objective of avoiding unreasonable curtailment of the effective patent term,
	a party may adopt or maintain procedures that expedite the processing of marketing approval applications. Article 18.49, regulatory review exception. Without prejudice to the scope of,
	and consistent with, Article 18.40. Exceptions, each party shall adopt or maintain a regulatory review exception 49 for pharmaceutical products. Article 18.50, protection of undisclosed test or other data 50. 1. A. If a party requires, as a condition for granting marketing approval for a new pharmaceutical product,
	the submission of undisclosed test or 45 a party may comply with the obligations of this paragraph with respect to a pharmaceutical product. Or, alternatively,
	with respect to a pharmaceutical substance. 46. For greater certainty, a party may alternatively make available a period of additional sui generis protection to compensate for unreasonable curtailment of the effective patent term as a result of the marketing approval process. The sui generis protection shall confer the rights conferred by the patent,
	subject to any conditions and limitations pursuant to paragraph 3. 47 notwithstanding article 18.10, application of chapter 2 existing subject matter and prior acts, this article shall apply to all applications for marketing approval filed after the date of entry into force of this article for that party. 48 Annex 18D applies to this paragraph. 49 For greater certainty,
	consistent with Article 18.40, exceptions, nothing prevents a party from providing that regulatory review exceptions apply for purposes of regulatory reviews in that party, in another country or both. 50 Annex 18B and Annex 18C apply to paragraphs 1 and 2 of this article. Subject to legal review in English, Spanish and French for accuracy, clarity, And consistency.
	Subject to authentication of English, Spanish and French versions.
	1828.
	Other data concerning the safety and efficacy of the product.
	51.
	That party shall not permit third persons, without the consent of the person that previously submitted such information, to market the same or a similar.
	52 product on the basis of I that information or 2.
	The marketing approval granted to the person that submitted such information for at least 5 years.
	53 from the date of marketing approval of the new pharmaceutical product in the territory of the party b.
	If a party permits, as a condition of granting marketing approval for a new pharmaceutical product, the submission of evidence of prior marketing approval of the product in another territory, that party shall not permit third persons,
	without the consent of a person that previously submitted such information concerning the safety and efficacy of the product, to market a same or a similar product based on evidence relating to prior marketing approval in the other territory, for at least five years from the date of marketing approval of the new pharmaceutical product in the territory of that party.54.
	2.
	Each party shall, 55. Al apply paragraph 1, mutatus mutan dies, for a period of at least 3 years. With respect to new clinical information submitted as required in support of a marketing approval of a previously approved pharmaceutical product covering a new indication,
	new formulation or new method of administration, or, alternatively. B. Apply paragraph 1, mutatus mutan dies, for a period of at least 5 years. To new pharmaceutical products that contain a chemical entity that has not been previously approved in that party.56. 51 Each party confirms that the obligations of this article,
	and Article 18.52, Biologics, apply to cases in which the party requires the submission of undisclosed test or other data concerning only the safety of the product. B. only the efficacy of the product or C,
	both. 52 For greater certainty, for the purposes of this section, a pharmaceutical product is similar to a previously approved pharmaceutical product if the marketing approval, or, in the alternative,
	the applicant's request for such approval, of that similar pharmaceutical product is based upon the undisclosed test or other data concerning the safety and efficacy of the previously approved pharmaceutical product,
	or the prior approval of the previously approved product. 53 For greater certainty, a party may limit the period of protection under paragraph 1 to 5 years, and the period of protection under article 18.52.1,
	a biologics, to 8 years. 54 Annex 18D applies to this a paragraph. 55 A party that provides a period of at least 8 years of protection pursuant to paragraph 1 is not required to apply paragraph 2. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1829. 3. Notwithstanding paragraphs 1 and 2 and Article 18.52, Biologics, a party.
	May take measures to protect public health in accordance with the Declaration On Trips And Public Health.
	B. Any waiver of any provision of the TRIPS agreement granted by WTO members in accordance with the WTO agreement to implement the Declaration On Trips And Public Health and that is in force between the parties or.
	C. Any amendment of the TRIPS agreement to implement the Declaration On Trips And Public Health that enters into force with respect to the parties.
	Article 18.51, Measures relating to the marketing of certain pharmaceutical.
	P. Subject to legal review.
	In English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 19-1. Chapter 19. Labor. Article 19.1,
	Definitions. For the purposes of this chapter, ILO Declaration means the International Labor Organization, ILO, Declaration on. Fundamental Principles and Rights at Work and its Follow-Up. 1998,
	Labor Laws means statutes and regulations, or provisions of statutes and regulations, of a party that are directly related to the following internationally recognized labor rights. A. Freedom of association and the effective recognition of the right to collective bargaining. B. The elimination of all forms of forced or compulsory labor. C. The effective abolition of child labor,
	a prohibition on the worst forms of child labor and other labor protections for children and minors. D. The elimination of discrimination in respect of employment and occupation, and E. Acceptable conditions of work with respect to minimum wages 1. Hours of work, and occupational safety and health statutes and regulations and statutes or regulations means 2. A. For Australia,
	Acts of the Commonwealth Parliament, or regulations made by the Governor General in Council under delegated authority under an Act of the Commonwealth Parliament. b for Malaysia, the federal constitution,
	acts of parliament and subsidiary legislation or regulations made under Acts of Parliament. 1 For Singapore, minimum wages may include wage payments and adjustments gazetted under the Employment Act and wage supplement schemes under the Central Provident Fund Act. 2. For greater certainty,
	for each party setting out a definition, which is a federal form of government. Its definition provides coverage for substantially all workers. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 19-2. C. For Mexico, acts of Congress or regulations and provisions promulgated. Pursuant to acts of Congress and,
	for the purposes of this chapter, includes. The Constitution of the United Mexican States. D. For the United States, Acts of Congress or Regulations Promulgated Pursuanta. Acts of Congress and,
	for the purposes of this chapter, includes the Constitution of the United States. Article 19.2, Statement of Shared Commitment. 1. The parties affirm their obligations as members of the ILO,
	including those stated in the ILO Declaration, regarding labor rights within their territories. 2. The parties recognize that, as stated in paragraph 5 of the ILO Declaration, labor standards should not be used for protectionist trade purposes. Article 19.3, Labor Rights. 1. Each party shall adopt and maintain in its statutes and regulations,
	And practices.
	They render the following rights as stated in the ILO Declaration, 34.
	A. Freedom of association and the effective recognition of the right to collective bargaining.
	B.
	The elimination of all forms of forced or compulsory labor c.
	The effective abolition of child labor and, for the purposes of this agreement, a prohibition on the worst forms of child labor and d.
	The elimination of discrimination in respect of employment and occupation.
	Two, each party shall adopt and maintain statutes and regulations, and practices thereunder, governing acceptable conditions of work with respect to minimum wages, hours of work and occupational safety and health.
	Dot 5, 3.
	The obligations set out in Article 19.3, as they relate to the ILO, refer only to the ILO Declaration.
	For to establish a violation of an obligation under Article 19.3.1 or Article 19.3.2, a party must demonstrate that.
	The other party has failed to adopt or maintain a statute, regulation or practice in a manner affecting trade or investment between the parties.
	Five, For greater certainty, this obligation relates to the establishment by a party in its statutes, regulations and practices thereunder of acceptable conditions of work as determined by that party. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 19-3. Article 19.4, non-derogation. The parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in each party's labor laws. Accordingly,
	no party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, its statutes or regulations. A. Implementing Article 19.3.1, labor rights, if the waiver or derogation would be inconsistent with the rights set out in that paragraph, or b implementing article 19.3.1, labor rights, or article 19.3.2,
	labor rights, if the waiver or derogation would weaken or reduce adherence to a right set out in article 19.3.1, or to a condition of work referred to in article 19.3.2,
	labor rights, in a special trade or customs area, such as an export, processing zone or foreign trade zone, in the party's territory, in a manner affecting trade or investment between the parties. Article 19.5,
	Enforcement of Labor Laws. 1. No party shall fail to effectively enforce its labor laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the parties after the date of entry into force of this agreement. 2. If a party fails to comply with an obligation under this chapter,
	a decision made by that party on the provision of enforcement resources shall not excuse that failure. Each party retains the right to exercise reasonable enforcement discretion and to make bona fide decisions with regard to the allocation of enforcement resources between labor enforcement activities among the fundamental labor rights and acceptable conditions of work enumerated in Article 19.3.1,
	labor rights, and article 19.3.2, labor rights, provided that the exercise of that discretion, on those decisions, are not inconsistent with its obligations under this chapter. 3. Nothing in this chapter shall be construed to empower a party's authorities to undertake labor law enforcement activities in the territory of another party. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and Consistency. Subject to authentication of English, Spanish and French versions. 19-4. Article 19.6,
	Forced or Compulsory Labor. Each party recognizes the goal of eliminating all forms of forced or compulsory labor, including forced or compulsory child labor. Taking into consideration that the parties have assumed obligations in this regard under Article 19.3,
	Labor Rights, Each Party shall also discourage, through initiatives it considers appropriate, the importation of goods from other sources produced in whole or in part by forced or compulsory labor,
	including forced or compulsory child labor.6. Article 19.7, Corporate Social Responsibility. Each party shall endeavor to encourage enterprises to voluntarily adopt corporate social responsibility initiatives on labor issues that have been endorsed or are supported by third party. Article 19.8, Public Awareness and Procedural Guarantees.
	1.
	Each party shall promote public awareness of its labor laws, including by ensuring that information related to its labor laws and enforcement and compliance procedures is publicly available.
	2.
	Each party shall ensure that persons with a recognized interest under its law in a particular matter have appropriate access to impartial and independent tribunals for the enforcement of the party's labor laws.
	These tribunals may include administrative tribunals, quasi-judicial tribunals, judicial tribunals or labor tribunals, as provided for in each party's law. 3. Each party shall ensure that proceedings before these tribunals for the enforcement of its labor laws are fair, equitable and transparent,
	comply with due process of law, and do not entail unreasonable fees or time limits or unwarranted delays. Any hearings in these proceedings shall be open to the public,
	except when the administration of justice otherwise requires, and in accordance with its applicable laws. 4. Each party shall ensure that the parties to these proceedings are entitled to support or defend their respective positions,
	including by presenting information or evidence, and b final decisions on the merits of the case. I. Are based on information or evidence in respect of which the parties were offered the opportunity to be heard. 6. For greater certainty,
	nothing in this article authorizes a party to take initiatives that would be inconsistent with its obligations under other provisions of this agreement, the WTO agreement or other international trade agreements. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	19-5.
	2.
	State the reasons on which they are based and.
	3.
	Are available in writing without undue delay to the parties to the proceedings and, consistent with its law, to the public.
	5.
	Each party shall provide that parties to these proceedings have the right to seek review or appeal as appropriate under its law.
	6.
	Each party shall ensure that the parties to these proceedings have access to remedies.
	Under its law, for the effective enforcement of their rights under the party's labor laws, and that these remedies are executed in a timely manner.
	7.
	Each party shall provide procedures to effectively enforce the final decisions of its tribunals in these proceedings.
	8.
	For greater certainty, and without prejudice to whether a tribunal's decision is inconsistent with the party's obligations under this chapter, nothing in this chapter shall be construed to require a tribunal of a party to reopen a decision that it has made in a particular matter. Article 19.9,
	Public Submissions. 1. Each party, through its contact point designated under Article 19.13, contact points, shall provide for the receipt and consideration of written submissions from persons of a party. On matters related to this chapter in accordance with its domestic procedures. Each party shall make readily accessible and publicly available its procedures,
	including timelines, for the receipt and consideration of written submissions. 2. A party may provide in its procedures that, to be eligible for consideration, a submission should, at a minimum, Raise an issue directly relevant to this chapter.
	B. Clearly identify the person or organization making the submission and c.
	Explain, to the degree possible, how and to what extent the issue raised affects trade or investment between the parties 3.
	Each party shall consider matters raised by the submission and provide a timely response to the submitter, including in writing, as appropriate and b.
	Make the submission and the results of its consideration available to the other parties and the public, as appropriate, in a timely manner.
	For a party may request from the person or organization that made the submission additional information that is necessary to consider the substance of the submission.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	19-6 article 19.10 cooperation one.
	The parties recognize the importance of cooperation as a mechanism for effective implementation of this chapter, to enhance opportunities to improve labor standards and to further advance common commitments regarding labor matters, including workers well-being and quality of life, and the principles and rights stated in the Ilo declaration.
	Two, in undertaking cooperative activities, the parties shall be guided by the following principles, a.
	Consideration of each party's priorities, level of development and available resources.
	B broad involvement of a mutual benefit to the parties.
	C relevance of capacity and capability building activities, including technical assistance between the parties to address labor protection issues, and activities to promote innovative workplace practices.
	D generation of measurable positive and meaningful labor outcomes.
	E resource efficiency, including through the use of technology as appropriate to optimize resources used in cooperative activities.
	F complementarity with existing regional and multilateral initiatives to address labor issues and g.
	Transparency and public participation.
	Three, each party shall invite the views and, as appropriate, participation of its stakeholders, including worker and employee representatives, in identifying potential areas for cooperation and undertaking cooperative activities.
	Subject to the agreement of the parties involved, cooperative activities may occur through bilateral or plurilateral engagement and may involve relevant regional or international organizations such as the ILO and non-parties 4.
	The funding of cooperative activities undertaken within the framework of this chapter shall be decided by the parties involved on a case-by-case basis 5.
	In addition to the cooperative activities outlined in this article, the parties shall, as appropriate, caucus and leverage their respective membership in regional and multilateral fora to further their common interests in addressing labor issues 6.
	Areas of cooperation may include, a job creation and the promotion of productive, quality employment, including policies to generate job rich growth and promote sustainable enterprises and entrepreneurship.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 19-7 b.
	Creation of productive, quality employment linked to sustainable growth and skills development for jobs in emerging industries, including environmental industries c.
	Innovative workplace practices to enhance workers well-being and business and economic competitiveness d.
	Human capital development and the enhancement of employability, including through lifelong learning, continuous education, training and the development and upgrading of skills e.
	Work-life balance f.
	Promotion of improvements in business and labor productivity, particularly in respective smes g.
	Remuneration systems h.
	Promotion of the, The awareness of and respect for the principles and rights as stated in the ILO Declaration and for the concept of decent work as defined by the ILO.
	I. Labor laws and practices, including the effective implementation of the principles and rights as stated in the ILO Declaration.
	J. Occupational Safety and Health.
	K. Labor Administration and Adjudication, for example, strengthening capacity, efficiency and effectiveness. L. Collection and use of labor statistics. M. Labor inspection, for example, improving compliance and enforcement. Mechanisms. N. Addressing the challenges and opportunities of a diverse, multi-generational, workforce,
	including. I. Promotion of equality and elimination of discrimination in respect of employment and occupation for migrant workers, or in the areas of age, disability and other characteristics not related to merit or the requirements of employment. 2. Promotion of equality of, elimination of discrimination against, and the employment interests of women,
	and 3. Protection of vulnerable workers, including migrant workers, and low-waged, casual or contingent workers, subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 19-8. O. Addressing the labor and employment challenges of economic crises,
	such as through areas of common interest in the ILO Global Jobs Pact. P. Social protection issues, including workers' compensation in case of occupational injury or illness,
	pension systems and employment assistance schemes. Q, best practice for labor relations, for example, improved labor relations, including promotion of best practice in alternative dispute resolution. R. Social dialogue,
	including tripartite consultation and partnership. S. With respect to labor relations in multinational enterprises, promoting information sharing and dialogue related to conditions of employment by enterprises operating in two or more parties with representative worker organizations in each party. T. Corporate social responsibility,
	and U. Other areas as the parties may decide. 7. Parties may undertake activities in the areas of cooperation in paragraph 6 through. A. Workshops, seminars, Dialogues and other fora to share knowledge, experiences and best practices, including online fora and other knowledge sharing platforms.
	B study trips, visits and research studies to document and study policies and practices.
	C. Collaborative research and development related to best practices in subjects of mutual interest.
	D. Specific exchanges of technical expertise and assistance,
	as appropriate, and E. Other forms as the parties may decide. Article 19.11, Cooperative Labor Dialogue. 1. A party may request dialogue with another party on any matter arising under this chapter at any time by delivering a written request to the contact point that the other party has designated under Article 19.13,
	Contact Points. 2. The requesting party shall include information that is specific and sufficient to enable the receiving party to respond, including identification of the matter at issue, an indication of subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 19-9. The basis of the request under this chapter and, when relevant, how trade or investment between the parties is affected. 3. Unless the requesting and receiving parties,
	the deloguing parties, decide otherwise, dialogue shall commence within 30 days of a party's receipt of a request for dialogue. The deloguing parties shall engage in dialogue in good faith. As part of the dialogue,
	the deloguing parties shall provide a means for receiving and considering the views of interested persons on the matter. 4. Dialogue may be held in person or by any technological means available to the deloguing parties. 5. The dealoguing parties shall address all the issues raised in the request. If the dealoguing parties resolve the matter,
	they shall document any outcome, including, if appropriate, specific steps and timelines that they have agreed. The dealoguing parties shall make the outcome available to the public unless they decide otherwise. 6. In developing an outcome pursuant to paragraph 5,
	the dealoguing parties should consider all available options and may jointly decide on any course of action they consider appropriate, including the development and implementation of an action plan in any form that they find satisfactory,
	which may include specific and verifiable steps, such as on labor inspection, investigation or compliance action, and appropriate timer frames. B. The independent verification of compliance or implementation by individuals or entities, such as the ILO, chosen by the dealoguing parties, and C. Appropriate incentives, such as cooperative programs and capacity building,
	to encourage or assist the dealoguing parties to identify and address labor matters. Article 19.12, Labor Council. 1. The parties hereby establish a Labor Council, Council,
	composed of senior governmental representatives at the ministerial or other level, as designated by each party. 2. The Council shall meet within one year of the date of entry into force of this agreement. Thereafter,
	the Council shall meet every two years, unless the parties decide. Otherwise. 3. The Council shall consider matters related to this chapter. B. Establish and review priorities to guide decisions by the parties about labor. Cooperation and capacity building activities undertaken pursuant to this chapter,
	taking into account the principles in Article 19.10.2, Cooperation, subject to legal review in English, Spanish and French. For accuracy, Clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	19-10.
	C. Agree on a general work program in accordance with the priorities.
	Established under Sa Paragraph B. D. Oversee and evaluate the general work program.
	E. Review reports from the contact points designated under Article 19.13.
	Contact.
	Points.
	F. Discuss matters of mutual interest. G. Facilitate public participation and awareness of the implementation of this chapter, and H. Perform any other functions as the parties may decide. 4. During the fifth year after the date of entry into force of this agreement, or as otherwise decided by the parties, The Council shall review the implementation of this chapter.
	With a view to ensuring its effective operation and report the findings and any recommendations to the Commission.
	5.
	The Council may undertake subsequent reviews as agreed by the parties.
	6.
	The Council shall be chaired by each party on a rotational basis.
	7.
	All Council decisions and reports shall be made by consensus and be the made publicly.
	Available, unless the Council decides otherwise.
	8.
	The Council shall agree on a joint summary report on its work at the end of each Council meeting.
	9.
	The parties shall, as appropriate, liaise with relevant regional and international organizations, such as the ILO and APEC, on matters related to this chapter. The Council may seek to develop joint proposals or collaborate with those organizations or with non-parties. Article 19.13, Contact Points.
	1.
	Each party shall designate an office or official within its labor ministry or equivalent entity as a contact point to address matters related to this chapter within 90 days of the date of entry into force of this agreement for that party.
	Each party shall notify the other parties promptly in the event of any change to its contact point.
	2.
	The contact points shall facilitate regular communication and coordination between the parties.
	B. Assist the Council.
	C. Report to the Council, as appropriate, subject to legal review, in English, Spanish and French.
	For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 19-11. D. Act as a channel for communication with the public in their respective territories, and E. Work together, including with other appropriate agencies of their governments, to develop and implement cooperative activities, guided by the priorities of the Council,
	Areas of cooperation identified in Article 19.10.6, Cooperation, and the needs of the parties.
	3.
	Contact points may develop and implement specific cooperative activities bilaterally.
	Or plurilaterally.
	4.
	Contact points may communicate and coordinate activities in person or through electronic or other means of communication.
	Article 19.14, Public Engagement. 1. In conducting its activities, including meetings, the Council shall provide a means for receiving and considering the views of interested persons on matters related to this chapter. 2. Each party shall establish or maintain,
	and consult, a national labor consultative or advisory body or similar mechanism, for members of its public, including representatives of its labor and business organizations,
	to provide views on matters regarding this chapter. Article 19.15, Labor Consultations. 1. The parties shall make every effort through cooperation and consultation based on the principle of mutual respect to resolve any matter arising under this chapter. 2. A party,
	requesting party, may, at any time, request labor consultations with another party, responding party, regarding any matter arising under this chapter by delivering a written request to the responding party's contact point. The requesting party shall include information that is specific and sufficient to enable the responding party to respond,
	including identification of the matter at issue and an indication of the legal basis of the request under this chapter. The requesting party shall circulate the request to the other parties through their respective contact points. 3. The responding party shall,
	unless agreed otherwise with the requesting party, reply to the request in writing no later than 7 days after the date of its receipt. The responding party shall circulate the reply to the other parties and enter into labor consultations in good faith. 4. A party other than the requesting party or the responding party,
	the consulting parties, that considers that it has a substantial interest in the matter may participate in the labor consultations by delivering a written notice to the other parties within seven days of the date of circulation by the requesting party of the request for labor consultations. The party shall include in its notice an explanation of its substantial interest in the matter. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 19-12. 5. The parties shall begin labor consultations no later than 30 days after the date of receipt by the responding party of the request. 6. In the labor consultations,
	Each consulting party shall provide sufficient information to enable a full examination of the matter, and b.
	Any party participating in the consultations shall treat any confidential information exchanged in the course of the consultations on the same basis as the party providing the information.
	7.
	Labor consultations may be held in person or by any technological means available to the consulting parties.
	If labor consultations are held in person, they shall be held in the capital and the responding party, unless the consulting parties agree otherwise.
	8.
	The consulting parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter through labor consultations under this article, taking into account opportunities for cooperation related to the matter. The consulting parties may request advice from an independent expert or experts chosen by the consulting parties to assist them. The consulting parties may have recourse to such procedures as good offices,
	conciliation or mediation. 9. In labor consultations under this article, a consulting party may request another consulting party to make available personnel of its government agencies or other regulatory bodies with expertise in the matter that is the subject of the labor consultations. 10. If the consulting parties are unable to resolve the matter,
	any consulting party may request that the council representatives of the consulting parties convene to consider the matter by delivering a written request to the other consulting party through its contact point. The party making that request shall inform the other parties through their contact points. The council representatives of the consulting parties shall convene no later than 30 days after the date of receipt of the request,
	unless the consulting parties agree otherwise and shall seek the resolve the matter, including, if appropriate, by consulting independent experts and having recourse to such procedures as good offices, conciliation or mediation. 11. If the consulting parties are able to resolve the matter, they shall document any outcome including, if appropriate,
	specific steps and timelines agreed upon. The consulting parties shall make the outcome available to the other parties and to the public, unless they agree otherwise. 12. If the consulting parties have failed to resolve the matter no later than 60 days after the date of receipt of a request under paragraph 2,
	the requesting party may request the establishment of a panel under Article 28.7, establishment of a panel, and, as provided in Chapter 28, dispute settlement thereafter have recourse to the other provisions of that chapter. 13. No party shall have recourse to dispute settlement under Chapter 28, Dispute Settlement,
	for a matter arising under this chapter without first seeking to resolve the matter. In accordance with this article, subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish, and French versions. 19-13. 14. A party may have recourse to labor consultations under this article without prejudice to the commencement or continuation of cooperative labor dialogue under Article 19.11,
	Cooperative Labor Dialogue. 15. Labor consultations shall be confidential and without prejudice to the rights of any party in any other proceedings. Subject to legal review for accuracy,
	clarity and consistency. November, 2015. The Honorable Behind Datolim Jokseng. Minister at the Prime Minister's Office and Second Minister of Foreign Affairs and Trade. Brunei der Russell. Dear Minister Behind Datolim Jochseng,
	I have the honor to confirm that the United States of America and Brunei der Russell have reached agreement with respect to the Brunei United States Labor Consistency Plan,
	a bilateral instrument in accordance with Chapter 19 of the TPP agreement attached to this letter. I have the honor to propose that this letter and your letter in reply confirming that your government shares this understanding shall constitute an agreement between our two governments. This agreement shall enter into force on the date of entry into force of the TPP agreement between our two governments. Sincerely,
	Ambassador Michael B. G. Frohman. Subject to legal review for accuracy, clarity and consistency. Dash, November 2015. The Honorable Michael Frohman. United States Trade Representative. 617th Street, N.W. Washington, D.C. 20508. Dear Ambassador Frohman, I am pleased to receive your letter of insert date,
	which reads as follows. I have the honor to confirm that the United States of America and Brunei dare Russellim have reached agreement with respect to the Brunei United States Labor Consistency Plan, A bilateral instrument in accordance with Chapter 19 of the TPP agreement attached to this letter.
	I have the honor to propose that this letter and your letter in reply confirming that your government shares this understanding shall constitute an agreement between our two governments.
	This agreement shall enter into force on the date of entry into force of the TPP agreement between our two governments.
	I have the honor to confirm that the understanding referred to in your letter is shared by my government, and that your letter and this letter in reply shall constitute an agreement between our two governments.
	Sincerely, behind Datolim Jokseng. Minister at the Prime Minister's office and second minister of foreign affairs and trade. Subject to legal review for accuracy,
	clarity and consistency. 1. Brunei United States Labor Consistency Plan. This plan creates rights and obligations only as between Brunei der Russell and the United States. I preamble. The governments of Brunei and the United States,
	acknowledging that each party commits under Chapter 19, Labor, to obligations. Concerning its labor law and practice, including with regard to its statutes and regulations and the labor rights as stated in the ILO Declaration,
	undertake through this plan the following commitments consistent with those obligations. 2. Legal reforms. Brunei shall undertake the following legal reforms. In addition, Brunei shall undertake other changes,
	including the issuance of new or revised measures, that are required to fully implement the following legal reforms and any related changes required to ensure consistency across the legal framework. A. Freedom of association and collective bargaining. Prior authorization of union registration. 1. Brunei shall amend the implementing regulations to the CHU,
	Section 10, 1, B, to clarify. That unlawful refers only to serious breaches of law, and shall amend the implementing. Regulations to the CHU, Section 11, 1, B, to clarify that willfully violated requires intent to violate the law. International affiliation. 2. Brunei shall amend relevant sections of the CHU, including Section 17,
	related to prior. Consent for international affiliation by a union or union confederation, consistent with the labor rights as stated in the ILO Declaration. Interference in union activity, autonomy and administration. 3. Brunei shall amend relevant sections of the CHU to ensure that workers' organizations have adequate protection from acts of interference by employers and public authorities,
	including subject to legal review for accuracy, clarity and consistency. 2. By prohibiting such interference and applying effective procedures to expeditiously investigate allegations of interference, sanction violations, and provide for appropriate remedies. Protection against anti-union discrimination. 4. Brunei shall amend the CHU and the Employment Order, IO,
	to ensure that workers enjoy adequate remedies for all acts of anti-union discrimination in respect of their employment. Limits on selection of union officers. 5. Brunei shall amend CHU,
	Section 16 to ensure workers' right to elect their own representatives in full freedom without undue restrictions and ensure that only appropriate minimum standards are set that do not otherwise limit the workers' ability to select their representatives. Procedures for collective bargaining and strikes. 6. Brunei shall amend relevant sections of the CHU to ensure workers' right to bargain. Collectively,
	including by adopting measures that provide procedures for voluntary negotiation between employers or employers' organizations and workers' organizations. 7. Brunei shall amend relevant sections of the Trade Disputes Act,
	the Section 9, to ensure workers' right to strike except in the limited circumstances noted in Section 7 and Section 8. Review and appeal. 8. Brunei shall provide impartial and independent bodies or tribunals with jurisdiction to review any administrative decisions made under its labor laws,
	and ensure parties to those administrative decisions have access to those bodies or tribunals to review or appeal the decisions. Brunei shall amend relevant sections of its labor laws to clarify that administrative decisions are subject to review by such bodies or tribunals. Application of other laws. 9. Brunei shall ensure that laws or legal instruments,
	or provisions therein, are not applied or amended in a manner to undermine peaceful trade union-related activity protected by the CHU, Ado Oreo. B. Forced labor. Brunei shall ensure effective enforcement in implementing the Passport Act,
	Section 12, G, which prohibits withholding of another person's passport without lawful authority. Implementation shall include measures that make clear that retention of a worker's passport by an employer is illegal,
	employers and foreign workers must be fully informed of foreign workers. Right to retain their own passports, and foreign workers retain the right to access their passports at subject to legal review for accuracy, Clarity and consistency.
	3.
	Any time, without delay or approval of any other individual, and without consequence to their status and relationship with their employer or recruitment agency.
	C. Child Labor.
	Brunei shall amend relevant sections of the employment order to include a list of hazardous occupations prohibited for persons under 18 years of age.
	D. Employment discrimination.
	Brunei shall amend relevant sections of the employment order to prohibit discrimination in respect of employment and occupation, including on the basis of race, sex, color, religion,
	political opinion and national extraction. E. Acceptable conditions of work. Brunei shall enact laws and regulations that provide for a minimum wage for private sector workers. 3. Institutional reforms and capacity building. Brunei shall undertake necessary institutional changes and capacity building to implement the legal reforms required by this plan,
	including, establish new administrative functions, procedures and mechanisms, expand and adequately train the labor inspectorate and relevant criminal system authorities, and provide the necessary resources to implement these changes. Labor Inspectorate. 1. Brunei shall revise internal inspection and other enforcement procedures for the labor inspectorate of its Department of Labor,
	to ensure effective enforcement of the new legal provisions, and train all relevant personnel on the reformed procedures and new provisions. 2. Brunei shall ensure its complaint mechanisms are effective,
	allow workers to confidentially and anonymously report violations of the labor laws, and include procedures for referring complaints to labor inspectors for follow-up and for documenting and tracking the follow-up inspections and investigations conducted,
	including the status of an inspection or investigation, any violation identified, the existence or amount of any fine or sanctions imposed, and any remedies ordered. Subject to legal review for accuracy,
	clarity and consistency. 4. IV. Transparency and sharing of information. A public comment. 1. Brunei shall provide for public comment, including using any existing procedures, of the draft laws and other measures that result from the commitments in this plan. 2. Brunei shall, consistent with its existing procedures,
	publicly post on the applicable agency. Website the final legal instruments that result from the commitments in this plan after their issuance. B. Collaboration. Brunei and the United States shall collaborate on the development of the relevant legal reforms and other measures related to the implementation of this plan. C. Outreach and Education. Brunei shall ensure an outreach program to inform and educate stakeholders,
	including employers and workers, on their rights under the revised laws and regulations, on the new administrative processes for the implementation of the revised laws and regulations, and on related remedies and courses of action available to stakeholders to enforce those rights. The review. 1. The United States and Brunei shall regularly assess progress in implementing this plan,
	including follow-up enforcement and application of the amended laws and regulations and institutional reforms. 2. The United States and Brunei shall establish a committee comprising senior officials from the Office of the U.S. Trade Representative and the Department of Labor for the United States and from the Ministry of Foreign Affairs and Trade and the Department of Labor,
	Ministry OF HOME Affairs FOR Brunei to monitor, assess and facilitate rapid response to any concerns about compliance with, and implementation of the legal and institutional reforms under this plan.
	3.
	The United States and Brunei shall designate the responsible senior officials prior to the date of entry into force of this agreement between the United States and Brunei and promptly inform the other party of any subsequent changes.
	4.
	The committee shall meet, in person or by any technological means available, annually for seven years after the date of entry into force of this agreement between the United States and subject to legal review for accuracy,
	clarity and consistency. 5. Brunei. At the request of either Brunei or the United States, the committee shall continue to meet. Annually thereafter or as otherwise agreed. 5. Unless otherwise agreed,
	the committee shall convene within 30 days after a request by Brunei or United States to determine actions necessary to address any concerns with regard to compliance with or implementation of the legal and institutional reforms under this plan. 6. Technical assistance. 1. Brunei may request cooperation,
	Advice and technical assistance from the United States or other parties to the agreement or any relevant international organization for the purpose of implementing this plan.
	2.
	Brunei and the United States shall endeavor to share expertise and to exchange information and best practices for the purpose of implementing this plan.
	7.
	Implementation.
	1.
	Brunei shall enact the legal and institutional reforms in part 2 and part 3 of this plan prior to the date of entry into force of the TPP agreement between the United States and Brunei.
	2.
	This plan shall be subject to consultations under Article 19.5, Labor Consultations, of the Labor Chapter, except that with respect to paragraphs 2 and 3, the requirement to circulate the request and reply, respectively, to the other TPP parties,
	shall not apply, and paragraph 4 shall not apply. 3. This plan shall be subject to dispute settlement under Chapter 28, Dispute Settlement, of the TPP Agreement, except for Article 28.13, Third Party Participation, which shall not apply. Subject to legal review for accuracy, clarity and consistency. November, Dash,
	2015. The Hon. Master Palmer Haymed. Minister of Trade and Industry. Ministry of Trade and Industry. Kuala Lumpur, Malaysia. Dear Minister Master Palmer Haymad, I have the honor to confirm that the United States of America and Malaysia have reached agreement with respect to the Malaysia-United States Labor Consistency Plan,
	a bilateral instrument in accordance with Chapter 19 of the TPP Agreement attached to this letter. I have the honor to propose that this letter and your letter in reply confirming that your government shares this understanding shall constitute an agreement between our two governments. This agreement shall enter into force on the date of entry into force of the TPP agreement between our two governments. Sincerely,
	Ambassador Michael B. G. Frohman. Subject to legal review for accuracy, clarity and consistency. Dash, November 2015. The Hon. Michael Frohman. United States Trade Representative. 617th Street,
	N.W. Washington, D.C. 20508. Dear Ambassador Frohman, I am pleased to receive your letter of insert date, which reads as follows, I have the honor to confirm that the United States of America and Malaysia have reached agreement with respect to the Malaysia-United States Labor Consistency Plan,
	A bilateral instrument in accordance with Chapter 19 of the TPP Agreement attached to this letter.
	I have the honor to propose that this letter and your letter in reply confirming that your government shares this understanding shall constitute an agreement between our two governments.
	This agreement shall enter into force on the date of entry into force of the TPP agreement between our two governments.
	I have the honor to confirm that the understanding referred to in your letter is shared by my government, and that your letter and this letter in reply shall constitute an agreement between our two governments.
	Sincerely, Master Palmer Haymed. Minister of Trade and Industry. Subject to legal review for accuracy, clarity and consistency. 1. Malaysia-United States Labor Consistency Plan. This plan shall create rights and obligations only as between the governments of Malaysia and the United States. I preamble. The governments of Malaysia and the United States,
	acknowledging that each party commits under Chapter 19, Labor, to obligations. Concerning its labor law and practice, including with regard to its statutes and regulations and the labor rights as stated in the ILO Declaration,
	endeavoring to cooperate with each other and, recognizing as members of the ILO the governments may utilize the technical resources of the ILO in fulfilling the commitments of this plan undertake through this plan the following specific commitments consistent with those obligations. 2. Legal reforms. Consistent with its obligations under Chapter 19,
	Labor, Malaysia shall enact the following legal reforms and other changes that may be required to ensure consistency across its acts, regulations and other measures. A union organization and collective bargaining. Judicial review. 1. Malaysia shall ensure that trade unions have a right to judicial review of administrative decisions. Regarding trade union registration,
	suspension, withdrawal or cancellation of trade. Union registration, and determinations of strike illegality. B. Amend the relevant sections of the Trade Union Act 1959, Act 262, to provide that where a trade union seeks judicial review of an administrative determination to suspend, withdraw or cancel trade union registration, the decision will be automatically stayed,
	pending that judicial review, and subject to legal review for accuracy, clarity and consistency. 2. C. Amend relevant sections of Act 262 to clarify that decisions of the minister are. Subject to judicial review,
	relevant sections of current law include sections 18, 7, and 71a, 4. Government discretion in registering trade unions. 2. Malaysia shall. A, amend relevant sections of Act 262 to remove discretion of the Director General of Trade Unions, 2. To refuse to register a trade union when another exists,
	and. To remove the discretion of the 2 to refuse registration because the trade union is likely to be used for unlawful purposes contrary or inconsistent with its objects. And rules,
	relevant sections of current law include section 12, 2, and section. 12, 3, A. B. Amend the implementing regulations to Act 262 to limit the discretion of them to. And to clarify that unlawful refers only to serious breaches of law,
	relevant. Sections of current law include Section 12, 3, B, Section 12, 3, C, Section 12, 3, D, and Section 12, 3, E,
	I. And. C. Amend relevant sections of Act 262 to limit the TOS discretion to deny. Registration of a union due to the proposed union S name to only exceptional circumstances, such as creating a threat to public order or inflaming sensitivities. Related to race or religion, relevant sections of current law include Section 12, 3, E,
	2. Government discretion to cancel trade union registration. 3. Malaysia shall. A, amend relevant sections of Act 262 and its implementing regulations to remove the discretion of the TU to cancel a trade union S registration and to clarify that. Unlawful refers only to serious breaches of law,
	relevant sections of current law. Include sections 15, 1, B, 2, and Section 15, 1, B, 3. B. Amend relevant sections of Act 262 to limit the discretion of the TU to cancel. Union S registration,
	relevant sections of current law include Section 15, 1, B, 4. And C. Amend the implementing regulations to Act 262 to limit cancellation of a trade. Union S registration only to serious breaches of law. Relevant sections of current law include Section 15,
	1, B, V. Subject to legal review for accuracy, clarity and consistency. 3. Cancellation of registration when two or more unions exist. 4. Malaysia shall amend relevant sections of Act 262 to remove the discretion of them to. To cancel a union S registration when two or more unions exist,
	and replace it with a process for determining representation of workers for the purposes of collective bargaining in a particular establishment to trade, occupation, or industry,
	relevant sections of current law include section 15, 2 Discretion to suspend a union. 5. Malaysia shall amend the implementing regulations to Act 262 to clarify that purposes. Prejudicial touring compatible with public order shall not include the exercise of protected trade. Union activity. Relevant sections of current law include section 18,
	1. Restrictions on formation of unions in similar trades, occupations or industries. 6. Malaysia shall amend relevant sections of Act 262, to remove the limitation on forming a union in only a similar trade, occupation or industry. Relevant sections of current law include. Section 2,
	Section 32 and Section 33. Restrictions on formation of and affiliation with union federations or confederations in similar trades, occupations or industries. 7. Malaysia shall amend relevant sections of Act 262 to remove the limitation on forming or affiliating with a union federation or confederation in only a similar trade,
	occupation or industry. Relevant sections of current law include section 72 and section 74. Affiliation with international unions. 8. Malaysia shall amend relevant sections of Act 262 to remove the DOS discretion in allowing trade unions to affiliate with an international union,
	and may provide that a union establish member consent through secret ballot vote of its members with a quorum, as established by the UNS Constitution or by laws, in order to affiliate with an international union. Relevant. Sections of current law include Section 76A, Section 76B and Section 76C. Restrictions on trade union membership and leadership,
	dismissed, suspended or retired workers. 9. Malaysia shall amend relevant sections of Act 262 to remove the prohibitions on dismissed, suspended and retired workers remaining as union members. Relevant sections of current law. Include Section 26, 1A, and Section 26, 1, A. Trade Union Leadership. 10. Malaysia shall, subject to legal review for accuracy,
	clarity and consistency. 4. A. Amend relevant sections of Act 262 to allow non-citizens to run for an election to union. Office if they have been legally working in Malaysia for at least three years. Relevant. Sections of current law include Section 28,
	1, A. B. Amend relevant sections of Act 262 by deleting the term employee of a political party to remove that restriction on membership of the executive of trade union. Relevant sections of current law include Section 28,
	1, C1. C. Issue implementing regulations to Act 262 to establish That the meaning of of any offence is limited only to offences directly relevant to the integrity required to exercise trade union office, such as a breach of fiduciary duty, relevant sections of current law include section 28, 1, D, and D,
	amend relevant sections of Act 262 consistent with the above changes, relevant sections of current law include Section 30. Collective bargaining. 11. Malaysia shall amend relevant sections of the Industrial Relations Act 1967,
	Act 177, to remove broad restrictions on the scope of collective bargaining, including the restrictions on terms and conditions of employment. Relevant sections of current law include section 13,
	3. Strikes. 12. Malaysia shall amend relevant sections of Act 262 to provide for a quorum requirement in an enterprise union strike vote as two-thirds of the members and the consent of 50% plus 1. Of the member votes cast, Relevant sections of current law include section 25a, 1, a.
	13.
	Malaysia may establish, after consulting with domestic stakeholders, a reasonable quorum requirement for a strike vote for non-enterprise unions and federations that would not hinder industrial level action.
	And 14.
	Malaysia shall amend the implementing regulations of Act 262 to limit the discretion of the to in determining whether a strike would contravene provisions of law, relevant sections of current law include section 40, 6, limitations on strike issues.
	15.
	Malaysia shall amend relevant sections of Act 177 to remove limitations on strikes on any matters covered by Act 177,
	Section 13, 3. Relevant sections of current law include Section 44, E. Penal sanctions for peaceful strikes. 16. Malaysia shall amend relevant sections of Act 177 to remove penal sanctions for peaceful strikes,
	regardless of whether such strikes are inconsistent with IRA provisions. Relevant sections of current law include section 46, section 47 and section 48. Subject to legal review for accuracy, clarity and consistency. 5. Administrative discretion in dispute resolution. 17. Malaysia shall amend relevant sections of Act 177,
	including by deleting of his own motion or to remove administrative discretion to intervene in a trade dispute without the request of the parties. Relevant sections of current law include section 19, 2, and section 26, 2. Representation in administrative or judicial hearings. 18. Malaysia shall amend relevant sections of Act 177 to allow employers,
	trade unions and trade unionists to choose their representatives in administrative hearings, including in proceedings regarding dismissals. Relevant sections of current law include sections 19b, 2,
	section 20, 6, and section 20, 7. B. Amend relevant sections of Act 177 to remove restrictions on representations in proceedings involving trade disputes. Relevant sections of current law include Section 19B,
	1, B, and C. Amend relevant sections of Act 177 to require only that representatives meet minimum qualifications essential to their responsibilities. Relevant sections of current law include Section 27,
	1. Essential Services. 19. Malaysia shall amend relevant sections of Act 177, including the first Schedule Essential Services, To limit the range of industries in which strikes are prohibited on the basis that the industries are essential services, consistent with the rights as stated in the ILO Declaration.
	Subcontracting and outsourcing.
	20.
	Malaysia shall ensure that the use of subcontracting or outsourcing is not used to circumvent the rights of association or collective bargaining.
	B. Amend the implementing regulations to the Employment Act 1955, Act 265, Section 2, Suba Labor Ordinance, CAP.
	67, Section 2, and Sarawak Labor Ordinance, CAP.
	76, Section 2, to provide guidance for the identification of the appropriate employer, S. For purposes of ensuring meaningful associational and other rights for workers who are provided to a principal either by a labor outsourcing company or a contractor for labor,
	and C. Require that subcontracting and outsourcing arrangements be made in writing, and be subject to verification by the Ministry of Human Resources. Subject to legal review for accuracy,
	clarity and consistency. 6. B. Forced labor. Protections against the withholding of passports. 1. Malaysia shall. A. Amend the implementing regulations to the Passport Act 1966,
	Act 150, to reinforce. That retaining a worker's passport by his or her employer is illegal. Such regulations. Shall include requiring that foreign workers are fully informed of their right to retain their own passports and informing workers that they retain the right to access their passports at any time,
	without delay or approval of any other individual and without consequence to their status and relationship with their employer or recruitment agency. B. Amend the implementing regulations to Act 150 to require that private employers that utilize foreign workers in their operations,
	Either through our direct employment relationship or through an employment agency, Provide to each foreign worker a notice informing workers of their right to retain their passport and information on how to report violations of this right.
	Private employers with more than 10 foreign workers and recruitment agencies also shall post a notice to this effect.
	C. Amend the Workers' Minimum Standards Of Housing And Amenities Act 1990, Act 446, so that it covers all sectors, beyond only plantations, and to require that private employers or recruitment agencies that provide housing to foreign workers provide secure facilities,
	for example, personal lockers, for the storage and safekeeping of workers' passports and other valuables. These facilities must allow workers to access their passports at any time and without prior authorization,
	and D. Effectively enforce relevant laws and regulations to investigate and prosecute employers and recruitment agencies that retain employee passports. Foreign worker recruitment practices, contracts and fees. 2. Malaysia shall ensure that all entities that recruit foreign workers, whether a recruitment agency or a direct employer,
	are covered by the sections of the Private Employment Aid Agencies Act of 1981, Act 246, including provisions regarding limitations on the recruitment fees charged to a foreign worker. B. Amend relevant laws and regulations to provide that any government levies charged for employment of foreign workers are the obligation of the employer,
	rather than the foreign worker, subject to legal review for accuracy, clarity and consistency. 7. C. Amend its laws and regulations to provide that large-scale, Repeated or egregious violations of labor law are punishable by a denial of future quota requests of the offending employer or by a revocation of the license of offending recruitment agency.
	D. Ensure that any memorandum of understanding regarding the recruitment of foreign workers between Malaysia and the government of the country that provides such workers will require that recruitment agencies and employers provide foreign workers a valid written contract in their own language, including their terms of work, prior to their entrance into Malaysia, and.
	E. Amend relevant sections of Act 265 to prohibit contract substitution.
	Trafficking and forced labor.
	Victim protection services.
	3.
	Malaysia shall issue necessary regulations to the anti-trafficking in persons and anti-smuggling of migrants act 2007, Act 670, to allow victims of trafficking to move freely to and from shelters, provide victims of trafficking access to legal counsel of their choice,
	allow victims of trafficking to work and find new employment under clearly established procedures, enable non-governmental organizations to own and operate shelters for trafficking victims, and B. Waive any fees associated with the required pass provided through the labor department for foreign workers who are involved in an investigation of violations of labor law, other than forced labor,
	Covered above, to remain in Malaysia and seek alternative employment.
	Foreign worker housing and freedom of movement.
	4.
	Malaysia shall amend the implementing regulations to Act 446 to require that private employers or recruitment agencies that provide housing for foreign workers provide notice informing workers, in a language that they understand, of their right to freedom of movement under Malaysian law and information on how to report violations of this right.
	Private employers with more than 10 foreign workers and recruitment agencies shall also be required to post the notice on their premises visible to workers and.
	B amend the implementing regulations to act 446 to require that private employers or recruitment agencies which provide housing for foreign workers provide a notice in a language the workers understand, informing those workers of their right to acceptable housing conditions under this act and information on how to report violations of their right to acceptable housing conditions.
	Private employers with subject to legal review for accuracy, clarity and consistency 8 more than 10 foreign workers and recruitment agencies shall also be required to post the notice on their premises visible to workers, see child labor.
	Malaysia shall issue a list of hazardous types of work prohibited for persons under 18 years of age.
	B amend the implementing regulations to the children and young persons employment act 1966 Act 350, summer labor ordinance cap 67, and Sarawak labor ordinance cap 76 to ensure that a minimum age of at least 13 is established for admission to light work.
	de-employment discrimination.
	Malaysia shall amend relevant sections of the Act 265, Cap. 67 and Cap. 76 to prohibit discrimination in respect of employment and occupation, including by amending Act 265, Section. 34, 35 and 36, and relevant sections in Cap. 67 and Cap. 76 to remove.
	the prohibitions on employment of women in certain occupations.
	3. Institutional Reforms and Capacity Building.
	Malaysia shall undertake necessary institutional changes in capacity building to implement the amended statutes and regulations, including establishing new administrative functions, procedures and mechanisms, expanding and adequately training labor inspectors and relevant criminal system authorities to effectively enforce the amended statutes and regulations.
	and providing the necessary resources to implement these changes.
	A. Enforcement of labor laws and protections.
	1.
	Malaysia shall allocate resources necessary for the effective enforcement of its labor laws, including additional labor officer and dedicated inspector positions needed to enforce the new laws and practices resulting from this plan. B. Revise internal inspection and other enforcement procedures for the labor inspectorate to ensure effective enforcement of the new and existing legal provisions,
	including the prohibition on employers retaining passports of employees and trade or relevant personnel on the reformed procedures and new provisions, subject to legal review for accuracy,
	clarity and consistency. 9. C. Develop, in coordination with the ILO, a training program for labor inspectors and plan for increased labor inspections targeted at addressing forced labor and practices that increase workers' vulnerability to forced labor,
	including violations of laws governing recruitment fees, recruitment practices, withholding of passports or other identity documents, contract substitution, wage payments below the legally required amount and unlawful deductions, withholding of workers' wages in escrow, and living conditions of foreign workers, including restrictions on movement,
	and D. Require the Enforcement Agency's Integrity Commission, AIC, to report bannually statistics on the number of complaints received,
	investigations conducted and final disposition or remediation of those investigations that involve foreign workers, broken down by government agency and type of violation. IV. Transparency and sharing of information. A. Public comment. Consistent with its existing procedures,
	Malaysia shall provide for public comment the draft legal instruments that result from this plan and publicly post final legal instruments on the applicable agency website. B Collaboration. Malaysia and the United States intend to collaborate on the development of the relevant reforms and instruments that result from this plan. C. Outreach and education. To inform and educate stakeholders,
	including employers and workers, of their rights and responsibilities under Malaysian law, Malaysia shall launch an outreach program on the legal and institutional changes that result from this plan, as well as related remedies and courses of action available to enforce those rights. The government-to-government mechanism. 1. The United States and Malaysia shall regularly assess progress in implementing this plan,
	including follow-up enforcement and application of the amended laws and regulations and institutional reforms, and, to this end, agree to establish a standing bilateral senior officials committee, SOC,
	comprising senior officials from the Office of the U.S. Trade Representative. Subject to legal review for accuracy, clarity and consistency. 10. And the Department of Labor for the United States and from the Ministry of International Trade and Industry and the Ministry of Human Resources for Malaysia to monitor, Assess and facilitate.
	Rapid response to any concerns about compliance with and implementation of the legal and institutional reforms under this plan.
	2.
	The United States and Malaysia shall designate the responsible senior officials prior to entry into force of this agreement between the United States and Malaysia and promptly inform the other party of any subsequent changes.
	3.
	The SOC shall meet, in person or by any technological means available, annually for seven years after the date of entry into force of this agreement between the United States and Malaysia. SOC members shall be supported by technical level officials,
	who shall meet as necessary. At the request of either Malaysia or the United States, the SOC shall continue to meet annually thereafter. Or as Malaysia and the United States otherwise agree. 4. At the request of either Malaysia or the United States,
	the SOC shall convene within 30 days to address any concerns with regard to compliance with or implementation of this plan. Either. Malaysia or the United States may request an ILO review and report on any such concern,
	in order to inform the discussions of the SOC and determinations of any actions necessary to address concerns. 6. Technical assistance. Malaysia and the United States shall endeavor to secure funding for technical assistance. Programming to directly facilitate implementation of the legal and institutional reforms in this plan. Malaysia shall request the cooperation,
	advice and technical assistance of the ILO to help in such implementation and endeavor to conclude the negotiation of an agreement with the ILO for this purpose. 7. Implementation. 1. Malaysia shall enact the legal and institutional reforms in parts 2 and 3 of this plan prior. To the date of entry into force of the TPP agreement as between the United States and Malaysia,
	except as otherwise provided for in this plan. 2. This plan shall be subject to consultations under Article 19.5, Labor Consultations, of the Labour Chapter, except that with respect to paragraphs 2 and 3, the requirement to circulate the request and reply, respectively, to the other TPP parties, shall not apply,
	and paragraph 4 shall not apply. 3. This plan shall be subject to dispute settlement under Chapter 28, Dispute Settlement, of the TPP Agreement, except for Article 28.13, Third Party Participation, which shall not apply. Subject to legal review for accuracy, clarity and consistency. November, Dash,
	2015. The Hon. Vu Haui Hoang. Minister of Trade and Industry. Ministry of Trade and Industry. Hanoi, Vietnam. Dear Minister Vu Haui Hoang, I have the honor to confirm that the United States of America and Vietnam have reached agreement with respect to the United States Vietnam Plan for the Enhancement of Trade and Labor Relations,
	a bilateral instrument in accordance with Chapter 19 of the TPP Agreement. Attached to this letter. I have the honor to propose that this letter and your letter in reply confirming that your government shares this understanding shall constitute an agreement between our two governments. This agreement shall enter into force on the date of entry into force of the TPP agreement between our two governments. Sincerely,
	Ambassador Michael B. G. Froman. Subject to legal review for accuracy, clarity and consistency. Dash, November 2015. The Honorable Michael Frohman. United States Trade Representative. 617th Street, N.W. Washington, D.C. 20508. Dear Ambassador Frohman, I am pleased to receive your letter of insert date,
	which reads as follows. I have the honor to confirm that the United States of America and Vietnam have. Reached agreement with respect to the United States Vietnam Plan for the Enhancement of Trade and Labor Relations, A bilateral instrument, in accordance.
	With Chapter 19 of the TPP Agreement attached to this letter.
	I have the honor to propose that this letter and your letter in reply confirming that your government shares this understanding shall constitute an agreement between our two governments.
	This agreement shall enter into force on the date of entry into force of the TPP agreement between our two governments.
	I have the honor to confirm that the understanding referred to in your letter is shared by my government, and that your letter and this letter in reply shall constitute an agreement between our two governments.
	Sincerely, Vu Hui Huang. Minister of Trade and Industry. Subject to legal review for accuracy, clarity and consistency. 1. United States Vietnam Plan for the Enhancement of Trade and Labor Relations. This plan shall create rights and obligations only as between Vietnam and the United States. I preamble. The governments of the Socialist Republic of Vietnam and the United States,
	acknowledging that each party commits under Chapter 19, Labor, to obligations. Concerning its labor law 1. And practice, including with regard to its laws and regulations and the labor rights as stated in the ILO Declaration,
	recognizing the importance of enforcement of and compliance with their respective law, undertake through this plan the following commitments consistent with those obligations. 2. Legal reforms. 1. Vietnam shall enact the following legal reforms,
	either by amending existing laws, decrees, or regulations or by issuing new laws, decrees or regulations and shall enact any additional changes. Required to ensure consistency across the legal code. 2. Vietnam shall ensure that its laws and regulations permit workers,
	without distinction, employed by an enterprise the former grassroots labor union, and Vietnamese to Chuk Kien Gua Lao. Dong, of their own choosing without prior authorization. To operate,
	a grassroots labor union. Shall register with its choice of either the Vietnam General Confederation of Labor, VGCL or the competent government body. A grassroots labor union registered with the competent government body shall have the right autonomously to elect its representatives,
	adopt its constitution and rules, organize its administration, including managing its finances and assets, bargain collectively, and organize and lead strikes and other collective actions related to the occupational and socio-economic interests of the workers at its enterprise. For greater certainty,
	a grassroots labor union registered with the competent government body shall have no lesser rights in law and practice with regard to the labor rights as stated in the ILO Declaration than a grassroots labor union under the VGCL. 1. for purposes of this plan,
	labor law means all legally binding measures of a party related to labor, including labor laws as defined in Article 19.1. Subject to legal review for accuracy, Clarity and consistency.
	2.
	A. Ensure the right of workers to freely form and join a labor union of their choosing.
	1.
	Vietnamese shall provide in its law and practice that workers may choose to establish grassroots labor unions through the VGCL or the competent government body.
	Shall establish the necessary legal procedures and registration mechanisms, through decrees or other means for recognition of a grassroots labor union, either by joining the VGCL or by registration with the competent government body.
	Vietnam shall ensure that the procedures and mechanisms for registering grassroots labor unions are consistent with the labor rights as stated in the ILO Declaration, including with respect to transparency, the time periods for processing and membership requirements, and without prior authorization or discretion. 2. Vietnamese shall provide in its law and practice that grassroots labor unions may,
	if they so choose, form or join organizations of workers, including across enterprises and at the levels above the enterprise, including the sectoral and regional levels,
	consistent with the labor rights as stated in the ILO Declaration and domestic procedures not inconsistent with those labor rights. 3. Vietnam shall ensure in its law and practice that workers and labor unions registered with the competent government body may request and receive technical assistance and training from any Vietnamese or international worker organization legally operating in Vietnam,
	and B. On that request, such an organization or its representatives can provide the technical assistance and training for those workers and labor unions to understand Vietnamese labor law, meet the requirements and procedures for establishing a labor union, organize a labor union and undertake labor union activities once organized, including to bargain collectively, strike,
	And conduct labor-related collective activities under the ILO Declaration.
	B. Ensure labor unions are able to administer their affairs with autonomy.
	1.
	Vietnam shall ensure that its law does not mandate a labor union registered with the competent government body to operate according to the statutes of Vietnam General Confederation OF Labor, and that its law provides the authority to any labor union registered with the competent government body to adopt and operate according to that union's own statutes, and Vietnam shall ensure that its law provides the.
	A grassroots labor union registered with the competent government body is entitled to collect and manage its membership dues and to receive the grassroots union share of the 2% fee paid by the employer on a non-discriminatory basis.
	Relevant articles in current law include TUL Article 4, 8, Article 6, 2, Article 26 and Article 27.
	2.
	Vietnam shall ensure that its law does not provide for the exclusive privilege of a single labor union to engage and consult with the relevant authorities, and its law provides for such.
	Subject to legal review for accuracy, clarity and consistency. 3. engagement and consultation without reference to a particular labor union. Relevant articles in current law include trade union law, TAL, Article 10, Article 11, Article 12 and Article 13.
	3.
	Vietnamese shall ensure that its law provides that labor unions registered with the competent government body have the right to ownership and management of their assets and property.
	Relevant articles in current law include TAL, Article 28.
	4.
	Noting that the Constitution Of Vietnam recognizes only labor unions affiliated with the VGCL as socio-political organizations, Vietnamese will ensure that its law will not require labor unions registered with the competent government body to have mandatory political obligations and responsibilities that are inconsistent with the labor rights as stated in the ILO Declaration.
	5.
	Vietnamese shall ensure that its law does not require that an upper-level labor union assist a grassroots labor union in its functions and does specify that an upper-level labor union may do so only on the specific request of a grassroots labor union.
	Relevant articles in current law include labor code, LC, Article 188, 1, and Article 188, 2.
	See worker representation in non-unionized workplaces.
	Vietnam shall ensure that its law does not require that an upper-level labor union represent non-unionized workers and does provide that an upper-level labor union can represent non-unionized workers only upon the request of those non-unionized workers and only with respect to that worker or those workers who have specifically requested such assistance.
	Relevant articles in current law include LC Article 188, 3, and Article 210, 2. Deselection of union officials. Vietnamese will ensure that its law provides that, 1. All labor union officials on an executive board are elected by that labor union's membership, and,
	2, the executive body can employ persons to assist with labor union activities. Relevant articles in current law include TUL. Article 4, 4, and Article 4, 5. E-interference in organizational activity. 1. Vietnam shall ensure, for purposes of protecting the interests of the employees, including in collective bargaining, that,
	in its law and practice, it distinguishes between employees and those who have the interests of the employer, and prohibits employer interference with labor unions, consistent with the labor rights as stated in the ILO Declaration,
	while also respecting labor union rights of managerial and supervisory employees. 2. Vietnamese will revise Article 24 of Decree 95-2013-NDCP to expand protection against anti-union discrimination,
	including element of good faith bargaining and sanctions sufficient to deter violations. Subject to legal review for accuracy, clarity and consistency. 4. F consistency of other laws. Vietnam shall ensure that no laws or legal instruments,
	or provisions therein, such as the law on association, are applied or amended in a manner to undermine labor union-related activity, including organizing labor unions, collective bargaining and strikes,
	or assisting with those activities, as provided in the LC, TUL and other Vietnamese labor-related laws. G Scope of strikes. 1. Vietnam shall ensure that its law allows for rights-based strikes,
	consistent with ILO guidance. Relevant articles in current law include LC Article 215, 1. 2. Vietnamese shall ensure that its law provides for 50% plus 1 of the Executive Committee to be required to approve a strike. Relevant articles in current law include LC Article 212 and Article 213,
	1. 3. Acknowledging that collective bargaining at the central level and for more than one enterprise is recognized under the LC Vietnamese shore that strikes are permitted when organized for workers of different enterprises at the same levels at which collective bargaining is permitted under law,
	subject to compliance with domestic procedures that are not inconsistent with the labor rights as stated in the ILO Declaration. Relevant articles in current law include LC Article 215, 2.
	4.
	Vietnamese shall amend Decree 41-2013-NDCP to delete Article 2.1.
	B of the decree and the resultant list of affected entities to ensure that strikes are permitted in the exploration and exploitation of oil and gas, in supply and production of gas.
	5.
	Vietnamese shall amend Decree 46-2013-NDCP to delete Article 8.1.
	H. Forced Labor.
	1.
	Vietnam shall provide by decree that forced labor as referred to in LC, Article 3, 10, includes debt bondage. 2. Vietnamese shall amend relevant penal code, PC, articles to apply appropriate criminal sanctions for the use of forced labor. 3. Vietnam shall amend all relevant provisions,
	including the legal instruments. Implementing the law on drug control and law on administrative sanctions, to ensure that treatment in drug rehabilitation centers is medically appropriate and does not subject patients to conditions of forced or compulsory labor, consistent with international standards, and to require that drug abuser entry be voluntary or based on a court decision. Subject to legal review for accuracy,
	clarity and consistency. 5. I discrimination. 1. Vietnam shall issue clarifying policy guidance explaining the application of LC Article 8. To make clear that the law prohibits discrimination based on color, Race and national extraction.
	2.
	Vietnamese shall amend its law to prohibit discrimination in all aspects of employment.
	Relevant articles include LC Article 8.
	3.
	Vietnamese shall amend LC Article 160 to protect the occupational safety and health of women workers, while removing prohibitions on women engaging in specified occupations.
	3.
	Institutional reforms and capacity building.
	The ATNAIME shall undertake necessary institutional changes and capacity building to implement the amended laws and regulations, including, establish new administrative functions, procedures and mechanisms, expand and adequately training the labor inspectorate and relevant criminal system authorities to effectively enforce the amended laws and regulations, and provide the necessary resources,
	including hire additional staff as needed to implement these changes. ATPP National Contact Point. 1. The ATNAIME shall designate the appropriate office as its contact point under Article 19.10 contact point,
	and ensure its adequate staffing. 2. The ATNAIM shall establish and disseminate administrative procedures for the receipt and consideration of public submissions as provided for in Article 19.9, Public Submissions. B. Industrial Relations Activities. 1. Vietnamese will designate the competent government body and establish appropriate administrative processes within the competent government body,
	Ministry of Labor, Invalids and Social Affairs, Melissa, and Departments of Labor, Invalids and Social Affairs, De LISAs, as applicable, to apply legal reforms on and to ensure a registration of grassroots labor unions consistent with Section II.A of this plan. B. Workers' Right to Strike,
	and C. Effective Recognition and Protection of the Right to Bargain Collectively. Subject to legal review for accuracy, clarity and consistency. 6. 2. The ATNAIM shall establish industrial relations bodies and mechanisms,
	which shall provide mediation and conciliation services and develop and implement training programs for the resolution of disputes between workers and employers, consistent with LC Article 235, 4,
	Article 72, Articles 195 through 198 and Articles 203 through 205. 3. The ATNAIM shall designate and train an adequate number of personnel within Melissa and DeLices and other appropriate bodies, As applicable, to implement the processes and paragraphs.
	B.1 and 2.
	C Labor Inspection Capacity.
	1.
	Vietnaim shall revise internal inspection and other enforcement procedures for the labor inspectorate of Melissa AND DeLices to ensure effective enforcement of the new legal provisions and train all relevant Melissa AND DeLices personnel on the new provisions and procedures.
	2.
	The ATNAIM shall establish and implement an effective complaint mechanism in Melissa and DeLices for workers to inform those authorities confidentially and anonymously of violations of the new legal provisions that includes, at a minimum, procedures for referring complaints to labor inspectors for follow-up and for documenting and tracking the follow-up inspections and investigations conducted, including status, violations identified,
	fines and sanctions levied and remediation. 3. Vietnamese will allocate sufficient resources necessary for Melissa S and De Lisa's enforcement of labor law, including 750-800 permanent labor inspectors for Melissa by the end of 2016 and 1200 by the end of 2020,
	up from the existing 500. D. Implementation of procedures. Vietnam shall develop and implement procedures, as needed, and trained relevant local and national personnel responsible for criminal and civil law enforcement, both on the new legal reforms and procedures to ensure the exercise of labor union-related activity provided in the LC, TUL and other Vietnamese labor-related laws,
	as well as on the criminal prosecution of the use of forced labor. E-forced and child labor. 1. Recognizing that Vietnam publicly released the National Child Labor Survey,
	including the findings and methodology, Vietnamese develop and implement a strategy for targeting inspection and other enforcement activities to sectors where forced labor or child labor has been identified through subject to legal review for accuracy,
	clarity and consistency. 7. The National Child Labor Survey or otherwise, including at informal work sites and subcontractors in the garment industry. b allow independent experts legally operating in Vietnam to carry out research studies in sectors where forced labor or child labor has been identified and to publicly release their findings,
	source data and methodology. 2. Vietnamese will take action, through Melissa and other relevant ministries and departments, to ensure that treatment in drug rehabilitation centers is medically appropriate. Consistent with international standards,
	requires that drug abuser entry be voluntary or based on a court decision, and does not subject patients to conditions of forced or compulsory labor, including by establishing and implementing a mechanism for regular monitoring and public reporting by technical experts. IV. Transparency and sharing of information. A. Budget information. Vietnam shall publicly disclose the annual MELISA budget,
	including to the extent practicable disaggregated information on resource allocations and staffing related to the implementation of commitments made in this plan. B. Public comment. 1. Vietnam shall provide for public comment,
	consistent with its existing procedures, the draft laws and regulations that result from the commitments in this plan. 2. Vietnamese will, consistent with its existing procedures,
	publicly post on the Melissa or other applicable agency website the final legal instruments after their issuance. 3. Vietnamese will make publicly available every six months for 10 years after the date of entry into force of the Trans-Pacific Partnership,
	TPP, agreement between the United States and Vietnam, the following, a detailed information on the status and final outcomes of applications for labor. Union registration,
	including the time taken to process the applications and the basis for denial, if applicable, as well as detailed information on collective bargaining. Agreements concluded and strikes declared. B. Statistics on the number of inspections and investigations conducted by Melissa and devices,
	disaggregated by region, sector and internationally recognized. Labor right listed in Article 19.1, definitions, as well as statistics on the outcomes. Subject to legal review for accuracy, clarity and consistency. 8. Of the inspections and investigations including confirmed violations, fines and sanctions levied,
	and remediation. C. Collaboration. Vietnam and the United States intend to collaborate in good faith on the development of the relevant reforms and instruments prepared to implement this plan. D. Outreach and Education. Vietnam shall launch an outreach program to inform and educate workers,
	employers and other stakeholders on their rights and responsibilities under the labor law, including the new laws and regulations amended under this plan, and on the new administrative processes for their implementation, as well as related remedies and courses of action available to enforce those rights. The review. The United States and Vietnam shall regularly assess progress in implementing this plan,
	including follow-up enforcement and application of the amended laws, decrees and regulations. And institutional reforms, and, to this end, agree to the following actions, A Government to Government Mechanisms. Senior Officials Committee. 1. The United States and Vietnam hereby establish a standing bilateral senior officials. Committee, SOC,
	composed of senior officials from the Office of the U.S. Trade Representative. And the Department of Labor for the United States and from the Ministry of Industry and Trade. And the Ministry of Labor, Invalids, AND Social Affairs FOR Vietnam to monitor, assess, and facilitate rapid response to any concerns about compliance with, and implementation of, the legal and institutional reforms under this plan.
	The United States and Vietnam shall designate the responsible senior officials prior to entry into force of the TPP agreement for the United States and Vietnam and promptly inform the other party of any subsequent changes.
	The SOC shall meet, in person or by any technological means available, annually for 10 years after entry into force of the TPP agreement between the United States and Vietnam.
	SOC members shall be supported by technical level officials, who shall meet semi-annually for 10 years.
	At the request of either Vietnam or the United States, the SOC shall continue to meet annually thereafter or as Vietnam and the United States otherwise agree. The SOC shall discuss and consider any reports or recommendations by the Technical Assistance Program and the Labor Expert Committee. LEC,
	established below. At the request of either Vietnam or the United States, the SOC shall convene within 30 days to determine action necessary to address any concerns with regard to compliance with or implementation of the legal and institutional reforms under this plan. Viet. Subject to legal review for accuracy,
	clarity and consistency. 9. NAIM and the United States together may request an ILO review and report on any such concern, in order to inform the discussions of the SOC and determinations of any actions necessary to address those concerns. Bilateral review. 2. The United States and Vietnam at the ministerial level or their designee shall,
	in the third, fifth, and tenth year after entry into force of the TPP agreement between the United States and Vietnam, review and assess the implementation of this plan, including the implementation of the legal and institutional reforms they run there in light of the obligations contained in Chapter 19, Labor. In undertaking those reviews,
	the United States and Vietnam shall consider the input of the SOC. If at the end of the review the United States continues to have concerns about Vietnam's compliance, the United States and Vietnam shall consider taking appropriate action under the TPP agreement. B supporting mechanisms. 1. To support the governmental review mechanisms established above,
	the United States and Vietnam agree to the following actions. Technical Assistance Program. 2. Vietnam, with support from the United States, Shall seek the establishment of a technical assistance program, TAP, by the ILO and Vietnam to provide continuous and regular support to Vietnam to facilitate the implementation of the legal and institutional reforms described in this plan.
	The TAP shall produce a public report two years after entry into force of the TPP agreement between the United States and Vietnam and biannually thereafter for eight years, containing information and data relevant to assessing such implementation, including on industrial relations practices in Vietnam.
	The report may provide recommendations for improvement in implementation.
	Vietnam shall take into account the recommendations of the TAP.
	Labor Expert Committee.
	3.
	The United States and Vietnam hereby establish a Labor Expert Committee, LEC, comprising three members. The United States and Vietnam shall agree on the chair, who may be a representative of the ILO or other individual with expertise in international labor standards. Who shall be unbiased,
	objective and independent of either party, within 30 days after entry into force of the TPP agreement between the United States and Vietnam. The United States and Viet Name shall each appoint one member not affiliated with or taking instructions from either government,
	who shall have expertise in international labor standards, within 60 days after entry. Into force of the TPP agreement between the United States and Vietnam. The LEC shall produce a public report providing a factual review,
	including information and data on matters in sections 2, 3, and IV, including subsection B.3, of this plan relevant to Vietnamese application and implementation of the legal and institutional reforms under this plan,
	including any challenges or concerns. The reports shall be produced at 2 and 1 half years, 4 and 1 half years, 6. Subject to legal review for accuracy, clarity and consistency. 10. And one half years, and 8 and 1 half years after entry into force of the TPP agreement. Between the United States and Vietnam. In its reports,
	the LEC also shall provide. Recommendations that are relevant to any identified concerns related to Vietnam's implementation of the legal and institutional reforms under this plan. After such time, these reviews and reports shall continue at five-year intervals at the request of Vietnam or the United States. The LEC shall consider the TAP reports and recommendations,
	including whether Viet Name has implemented its recommendations in its reviews. The LEC may request information from Vietnam to ensure the timely development of its reports. Viet Name shall cooperate with the LEC and provide any requested information to the extent practicable. The LEC shall solicit and consider the views of interested persons in the United States and Vietnam,
	and consider information from any relevant public submissions made pursuant to Article 19.9, public submissions. 6. Technical assistance. Vietnam and the United States shall endeavor to secure funding for technical assistance. Programming to directly facilitate implementation of the legal and institutional reforms in this plan. Vietnam shall request the cooperation,
	advice, and technical assistance of the ILO to help in such implementation and endeavor to conclude the negotiation of an agreement with the ILO. For this purpose, Vietnam shall implement recommendations provided by the ILO as the result of this assistance.
	VietName and the United States shall endeavor to work with other interested TPP parties to support technical assistance programs relevant to implementation of the legal and institutional reforms of this plan.
	7.
	Implementation.
	1.
	Vietnamese shall enact the legal and institutional reforms in sections 2 and 3 of this plan.
	Prior to the date of entry into force of the TPP agreement between the United States and Viet Name, except as otherwise noted in this plan.
	2.
	Vietnam shall comply with paragraph II.A.2 of this plan no later than five years from the date of entry into force of the TPP agreement between the United States and Vietnam.
	3.
	This plan shall be subject to consultations under Article 19.15, Labor Consultations, of the Labour Chapter, except that, with respect to paragraphs 2 and 3, the requirement to circulate the request and reply, respectively,
	to the other TPP parties, shall not apply, and paragraph 4 shall not apply. 4. This plan shall be subject to dispute settlement under Chapter 28, Dispute Settlement, of the TPP Agreement, except for Article 28.13, Third Party Participation, which shall not apply. 5. Chapter 29,
	general exceptions also shall apply to this plan. Subject to legal review for accuracy, clarity and consistency. 11. 8. Review of implementation. 1. The United States shall review the operation of paragraph II.a.2 of this plan after the 5th anniversary of the date of entry into force of this agreement between the United States and Viet. Name. 2. If,
	following the review in paragraph 1 of this section and before the 7th anniversary of the date of entry into force of this agreement between the United States and Vietnam, the United States considers that Vietnam has failed to comply with paragraph II.A.2 of this plan, the United States shall notify Vietnam, in writing, of its determination. Vietnam may,
	within 30 days after the date of the delivery of the notice, request, in writing, a meeting to discuss the matter. 3. The United States shall agree to meet with Vietnam to discuss the matter within 30 days of the receipt of Vietnam's request. If Vietnam does not make a request under paragraph 2 of this section or,
	if the United States and Vietnam do not agree that Vietnam has complied with paragraph II.a.2 of this plan within 60 days after the date of the receipt of a request under paragraph 2 of this section,
	the United States may withhold or suspend any tariff reductions that are scheduled to come into effect thereafter. 4. If the United States withholds or suspends any tariff reductions under paragraph 3 of this section and Vietnam considers that it is in compliance with paragraph II.a.2 of this plan,
	Vietnam may have recourse to dispute settlement under Chapter 28, Dispute Settlement, except as otherwise specified in this plan. Further, for purposes of this paragraph,
	Vietnamese request for the establishment of a panel under Article 28.7 shall be limited to the matter of whether Vietnam has complied with paragraph II.a.2. 5. If in its final report the panel determines that Vietnam is in compliance with paragraph II.a.2 of this plan,
	the United States shall promptly apply the rate of duty set out in the U.S. schedule that would have applied had the United States not taken action under paragraph 3 of this section. 6. If the United States withholds or suspends any tariff reductions under paragraph 3 of this section and thereafter the United States and Vietnam agree that Vietnam has complied with paragraph II.a.2 of this plan,
	the United States shall promptly apply the rate of duty set out in the U.S. schedule that would have applied had the United States not taken action under paragraph 3 of this section. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-1. Chapter 20. Environment. Article 20.1,
	Definitions. For purposes of this chapter, environmental law means a statute to regulation of a party, or provision thereof, including any that implements the party's obligations under a multilateral environmental agreement, the primary purpose of which is the protection of the environment, or the prevention of danger to human life or health, through the prevention, abatement or control of, the release,
	Discharge or emission of pollutants or environmental contaminants.
	Contaminants.
	B.
	The control of environmentally hazardous or toxic chemicals substances, materials or wastes and the dissemination of information related thereto or c.
	The protection or conservation of wild flora or fauna, including endangered species, their habitat and specially protected natural areas one.
	Two, but does not include the statute or regulation or provision thereof directly related to worker safety or health, nor any statute or regulation or provision thereof the primary purpose of which is managing the subsistence or aboriginal harvesting of natural resources, and statute or regulation means one.
	For the purposes of this chapter, the term specially protected natural areas means those areas as defined by the party in its legislation to the parties recognize that such protection or conservation may include the protection or conservation of biological diversity.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	20-2 for Australia, an act of the Commonwealth parliament or a regulation made by the governor general in council under delegated authority under an act of the Commonwealth parliament that is enforceable at the central level of government.
	For Brunei Der Russalaim, an act, order or a regulation promulgated pursuant to the constitution of Brunei Der Russalaim, enforceable by the government of his majesty the sultan and Yang Diperchuan of Brunei, Der Russalaim.
	For Canada, an act of the parliament of Canada or regulation made under an act of the parliament of Canada that is enforceable by action of the central level of government.
	For Chile, a law of national congress or decree of the president of the republic enacted as indicated by the political constitution of the republic of Chile.
	For Japan, a law of the diet, a cabinet order or a ministerial ordinance and other orders established pursuant to a law of the diet that is enforceable by action of the central level of government.
	For Malaysia, an act of parliament or regulation promulgated pursuant to an act of parliament that is enforceable by action of the federal government.
	For Mexico, an act of congress or regulation promulgated pursuant to an act of congress that is enforceable by action of the federal level of government.
	For New Zealand, an act of the parliament of New Zealand or a regulation made under an act of the parliament of New Zealand by the governor general in council, which is enforceable by action of the central level of government.
	For Peru, a law of congress, decree or resolution promulgated by the central level of government to implement a law of congress that is enforceable by action of the central level of government, for Singapore, an act of the Parliament of Singapore, or a regulation promulgated pursuant to an act of the Parliament of Singapore, which is enforceable by action of the government of Singapore, for the United States,
	an act of Congress or regulation promulgated pursuant to an act of Congress that is enforceable by action of the central level of government, and for Vietnam, a law of the National Assembly,
	an ordinance of the standing committee of the National Assembly, or a regulation promulgated by the central level of government to implement a law of the National Assembly or an ordinance of the Standing Committee of the National Assembly that is enforceable by action of the central level of government. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-3. Article 20.2 Objectives. 1. The objectives of this chapter are to promote mutually supportive trade and environmental policies,
	promote high levels of environmental protection and effective enforcement of environmental laws, and enhance the capacities of the parties to address trade-related environmental issues,
	including through cooperation. 2. Taking account of their respective national priorities and circumstances, the parties recognize that enhanced cooperation to protect and conserve the environment and sustainably manage their natural resources brings benefits that can contribute to sustainable development,
	strengthen their environmental governance and complement the objectives of this agreement. 3. The parties further recognize that it is inappropriate to establish or use their environmental laws or other measures in a manner which would constitute a disguised restriction on trade or investment between the parties. Article 20.3,
	General Commitments. 1. The parties recognize the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in the furtherance of sustainable development. 2. The parties recognize the sovereign right of each party to establish its own levels of domestic environmental protection and its own environmental priorities,
	and to establish, adopt or modify its environmental laws and policies accordingly. 3. Each party shall strive to ensure that its environmental laws and policies provide for, and encourage,
	high levels of environmental protection and to continue to improve its respective levels of environmental protection. 4. No party shall fail to effectively enforce its environmental laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the parties,
	after the date of entry into force of this agreement for that party. 5. The parties recognize that each party retains the right to exercise discretion and to make decisions regarding investigatory,
	prosecutorial, regulatory and compliance matters, and b the allocation of environmental enforcement resources with respect to other environmental laws determined to have higher priorities. Accordingly,
	the parties understand that with respect to the enforcement of environmental laws a party is in compliance with paragraph 4 if a course of action or inaction reflects a reasonable exercise of that discretion. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-4. Or results from a bona fide decision regarding the allocation of those resources in accordance. With priorities for enforcement of its environmental laws. 6. Without prejudice to paragraph 2,
	the parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protection afforded in their respective environmental laws. Accordingly,
	A party shall not waive or otherwise derogate from or offer to waive or otherwise derogate from its environmental laws in a manner that weakens or reduces the protection afforded in those laws in order to encourage trade or investment between the parties.
	7.
	Nothing in this chapter shall be construed to empower a party's authorities to undertake environmental law enforcement activities in the territory of another party.
	Article 20.4, Multilateral Environmental Agreements.
	1.
	The parties recognize that multilateral environmental agreements to which they are party play an important role, globally and domestically, in protecting the environment and that their respective implementation of these agreements is critical to achieving the environmental objectives of these agreements. Accordingly,
	each party affirms its commitment to implement the multilateral environmental agreements to which it is a party. 2. The parties emphasize the need to enhance the mutual supportiveness between trade and environmental law and policies through dialogue between the parties on trade and environmental issues of mutual interest,
	particularly with respect to the negotiation and implementation of relevant multilateral environmental agreements and trade agreements. Article 20.5,
	Protection of the Ozone Layer. 1. The parties recognize that emissions of certain substances can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment. Accordingly,
	each party shall take measures to control the production and consumption of and trade in such substances.3, 4, 5. 3 For greater certainty, for each party, this provision pertains to substances controlled by the Montreal Protocol on substances that deplete the ozone layer, done at Montreal, 16 September 1987, Montreal Protocol,
	including any future amendments thereto, as applicable to it. 4 A party shall be deemed in compliance with this provision if it maintains the measure or measures listed in Annex 20 or implementing its obligations under the Montreal Protocol or any subsequent measure or measures that provide an equivalent or high level of environmental protection as the measure or measures listed. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-5. 2. The parties also recognize the importance of public participation and consultation,
	in accordance with their respective law or policy, in the development and implementation of measures concerning the protection of the ozone layer. Each party shall make publicly available appropriate information about its programs and activities,
	including cooperative programs, that are related to ozone layer protection. 3. Consistent with Article 20.12, Cooperation Frameworks,
	the parties shall cooperate to address matters of mutual interest related to ozone-depleting substances. Cooperation may include, but is not limited to exchanging information and experiences in areas related to environmentally friendly alternatives to ozone-depleting substances. B. Refrigerant management practices,
	policies and programs. C. Methodologies for stratospheric ozone measurements, and D. Combating illegal trade in ozone-depleting substances. Article 20.6, Protection of the Marine Environment from Ship Pollution. 1. The parties recognize the importance of protecting and preserving the marine environment. To that end,
	each party shall take measures to prevent the pollution of the marine environment from ships.6, 7, 8. 5. If compliance with this provision is not established pursuant to footnote 4, to establish a violation of this provision, a party must demonstrate that the other party has failed to take measures to control the production and consumption of, and trade in,
	certain substances that can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment, in a manner affecting trade or investment between the parties. 6. For greater certainty, for each party, this provision pertains to pollution regulated by the International Convention for the Prevention of Pollution from Ships done at London,
	2 November 1973, as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships done at London, 17 February 1978,
	and the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto, done at London, 26 September 1997, MAPOL, including any future amendments thereto, as applicable to it.
	7.
	A party shall be deemed in compliance with this provision if it maintains the measure or measures listed in Annex 20B, implementing its obligations under MAPOL, or any subsequent measure or measures that provide an equivalent or high level of environmental protection as the measure or measures listed.
	It.
	If compliance with this provision is not established pursuant to footnote 7, to establish a violation of this provision, a party must demonstrate that the other party has failed to take measures to prevent the pollution of the marine environment from ships in a manner affecting trade or investment between the parties.
	Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-6. 2. The parties also recognize the importance of public participation and consultation,
	in accordance with their respective law or policy, in the development and implementation of measures to prevent the pollution of the marine environment from ships. Each party shall make publicly available appropriate information about its programs and activities,
	including cooperative programs, that are related to the prevention of pollution of the marine environment from ships. 3. Consistent with Article 20.12, Cooperation Frameworks, the parties shall cooperate to address matters of mutual interest with respect to pollution of the marine environment from ships. Areas of cooperation may include a accidental pollution from ships,
	b pollution from routine operations of ships, c deliberate pollution from ships, d development of technologies to minimize ship-generated waste, e. Emissions from ships, F. Adequacy of port waste reception facilities, G. Increased protection in special geographic areas, and H. Enforcement measures including notifications to flag states and,
	as appropriate, by port states. Article 20.7, Procedural Matters. 1. Each party shall promote public awareness of its environmental laws and policies,
	including enforcement and compliance procedures, by ensuring that relevant information is available to the public. 2. Each party shall ensure that an interested person residing or established in its territory may request that the party's competent authorities investigate alleged violations of its environmental laws,
	and that the competent authorities give those requests due consideration in accordance with the party's law. 3. Each party shall ensure that judicial, quasi-judicial or administrative proceedings for the enforcement of its environmental laws are available under its law and that those proceedings are fair, equitable,
	transparent and comply with due process of law. Any hearings in these proceedings shall be open to the public, except when the administration of justice otherwise requires, and in accordance with its applicable laws. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions.
	20-7.
	4.
	Each party shall ensure that persons with a recognized interest under its law in a particular matter have appropriate access to proceedings referred to in paragraph 3.
	5.
	Each party shall provide appropriate sanctions or remedies for violations of its environmental laws for the effective enforcement of those laws.
	Those sanctions or remedies may include a right to bring an action directly against the violator, to seek damages or injunctive relief, or a right to seek governmental action.
	6.
	Each party shall ensure that it takes appropriate account of relevant factors in the establishment of the sanctions or remedies referred to in paragraph 5.
	Those factors may include the nature and gravity of the violation, damage to the environment and any economic benefit the violator derived from the violation. Article 20.8, Opportunities for Public Participation. 1. Each party shall seek to accommodate requests for information regarding the parties implementation of this chapter. 2. Each party shall make use of existing,
	or establish new, consultative mechanisms, for example national advisory committees, to seek views on matters related to the implementation of this chapter. These mechanisms may include persons with relevant experience, as appropriate, including experience in business, natural resource conservation, and management, or other environmental matters. Article 20.9,
	Public Submissions. 1. Each party shall provide for the receipt and consideration of written submissions from persons of that party regarding its implementation of this chapter.9. Each party shall respond in a timely manner to such submissions in writing and in accordance with domestic procedures,
	and make the submissions and its responses available to the public, for example, by posting on an appropriate public website. 2. Each party shall make its procedures for the receipt and consideration of written submissions readily accessible and publicly available,
	for example by posting on an appropriate public website. These procedures may provide that to be eligible for consideration the submission should, 9. If available and appropriate, a party may use an existing institutional body or mechanism for this purpose. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 20-8. A. Be in writing in one of the official languages of the party receiving the submission. b. Clearly identify the person making the submission. C. Provide sufficient information to allow for the review of the submission,
	including any documentary evidence on which the submission may be based. D. Explain how, and to what extent, the issue raised affects trade or investment between the parties. E. Not raise issues that are the subject of ongoing judicial or administrative proceedings, And F. Indicate whether the matter has been communicated in writing to the relevant authorities of the party and the party's response, if any.
	3.
	Each party shall notify the other parties of the entity or entities responsible for receiving and responding to any written submissions referred to in paragraph 1 within 180 days of the date of entry into force of this agreement for that party.
	4.
	If a submission asserts that a party is failing to effectively enforce its environmental laws, and following the written response to the submission by that party, any other party may request that the Committee ON Environment Committee discuss that submission and written response with a view to further understanding the matter raised in the submission and, As appropriate, to consider whether the matter could benefit from cooperative activities.
	5.
	At its first meeting, the committee shall establish procedures for discussing submissions and responses that are referred to it by a party.
	These procedures may provide for the use of experts or existing institutional bodies to develop a report for the committee comprised of information based on facts relevant to the matter.
	6.
	no later than three years after the date of entry into force of this agreement, and thereafter as decided by the parties, the committee shall prepare our written report for the Commission on the implementation of this article. For the purposes of preparing this report,
	each party shall provide a written summary regarding its implementation activities under this article. Article 20.10, Corporate Social Responsibility. Each party should encourage enterprises operating within its territory or jurisdiction, to adopt voluntarily, into their policies and practices, principles of corporate social. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-9. Responsibility that are related to the environment, consistent with internationally recognized standards and guidelines that have been endorsed or are supported by that party. Article 20.11,
	Voluntary Mechanisms to Enhance Environmental Performance. 1. The parties recognize that flexible, voluntary mechanisms, for example, voluntary auditing and reporting, market-based incentives,
	Voluntary sharing of information and expertise, and public-private partnerships, can contribute to the achievement and maintenance of high levels of environmental protection and complement domestic regulatory measures.
	The parties also recognize that those mechanisms should be designed in a manner that maximizes their environmental benefits and avoids the creation of unnecessary barriers to trade.
	2.
	Therefore, in accordance with its laws, regulations or policies and to the extent it considers appropriate each party shall encourage the use of flexible and voluntary mechanisms to protect natural resources and the environment in its territory,
	and b its relevant authorities, businesses and business organizations, non-governmental organizations and other interested persons involved in the development of criteria used to evaluate environmental performance with respect to these voluntary mechanisms,
	to continue to develop and improve such criteria. 3. Further, if private sector entities or non-governmental organizations develop voluntary mechanisms for the promotion of products based on their environmental qualities,
	each party should encourage those entities and organizations to develop voluntary mechanisms that, among other things, are truthful, are not misleading and take into account scientific and technical information. B. If applicable and available,
	are based on relevant international standards, recommendations or guidelines, and best practices. C. Promote competition and innovation, and D. Do not treat a product less favorably on the basis of origin. Article 20.12,
	Cooperation Frameworks. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-10. 1. The parties recognize the importance of cooperation as a mechanism to implement this chapter,
	to enhance its benefits and to strengthen the parties' joint and individual capacities to protect the environment and to promote sustainable development as they strengthen their trade and investment relations. 2. Taking account of their national priorities and circumstances and available resources,
	the parties shall cooperate to address matters of joint or common interest among the participating parties related to the implementation of this chapter, when there is mutual benefit from that cooperation. This cooperation may be carried out on a bilateral or plurilateral basis between parties and,
	Subject to consensus by the participating parties, may include non-governmental bodies or organizations and non-parties to this agreement.
	3.
	Each party shall designate the authority or authorities responsible for cooperation. Related to the implementation of this chapter to serve as its national contact point on matters. That relate to coordination of cooperation activities and shall notify the other parties in writing. Within 90 days of the date of entry into force of this agreement for that party of its contact.
	Point. On notifying the other parties of its contact point or at any time thereafter.
	Through the contact points, a party may share its priorities for cooperation with the other parties, including the objectives of that cooperation, and.
	B propose cooperation activities related to the implementation of this chapter to another party or parties.
	4, when possible and appropriate, the parties shall seek to complement and use their existing cooperation mechanisms and take into account relevant work of regional and international organizations.
	5, cooperation may be undertaken through various means, including dialogues workshops seminars conferences, collaborative programs and projects, technical assistance to promote and facilitate cooperation and training, the sharing of best practices on policies and procedures and the exchange of experts.
	6. In developing cooperative activities and programs, a party shall, if relevant, identify performance measures and indicators to assist in examining and evaluating the efficiency, effectiveness and progress of specific cooperative activities and programs and share those measures and indicators as well as the outcome of any evaluation during or following the completion of a cooperative activity or program with the other parties.
	Thank you.
	Seven, the parties, through their contact points for cooperation, shall periodically review the implementation and operation of this article and report their findings, which may include recommendations to the committee to inform its review under article 20.19.
	3c environment committee and contact points.
	The parties, through the committee may, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	20-11, Periodically evaluate the necessity of designating an entity to provide administrative and operational support for cooperative activities.
	If the parties decide to establish such an entity, the parties shall agree on the funding of the entity on a voluntary basis to support the enter DS operation.
	8.
	Each party shall promote public participation in the development and implementation of cooperative activities,
	as appropriate. This may include activities such as encouraging and facilitating direct contacts and cooperation among relevant entities and the conclusion of arrangements among them for the conduct of cooperative activities under this chapter. 9. Where a party has defined the environmental laws under Article 20.1 to include only laws at the central level of government,
	first party, and where another party, second party, considers that an environmental law at the sub-central level of government of the first party is not being effectively enforced by the relevant sub-central government through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the parties,
	the second party may request a dialogue with the first party. The request shall contain information that is specific and sufficient to enable the first party to evaluate the matter at issue and an indication of how the matter is negatively affecting trade or investment of the second party. 10. All cooperative activities under this chapter are subject to the availability of funds and of human and other resources,
	and to the applicable laws and regulations of the participating parties. The participating parties shall decide, on a case-by-case basis, the funding of cooperative activities. Article 20.13,
	Trade and Biodiversity. 1. The parties recognize the importance of conservation and sustainable use of biological diversity and their key role in achieving sustainable development. 2. Accordingly,
	each party shall promote and encourage the conservation and sustainable use of biological diversity in accordance with its law or policy. 3. The parties recognize the importance of respecting,
	preserving and maintaining knowledge and practices of indigenous and local communities embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity. 4. The parties recognize the importance of facilitating access to genetic resources within their respective national jurisdictions,
	consistent with each party's international obligations. The parties further recognize that some parties require, through national measures, prior informed consent to access such genetic resources in accordance with national measures and, where such access is granted, the establishment of mutually agreed terms, including with respect to sharing of benefits from the use of such genetic resources,
	between users and providers. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-12. 5. The parties also recognize the importance of public participation and consultation, in accordance with their respective law or policy,
	in the development and implementation of measures concerning the conservation and sustainable use of biological diversity. Each party shall make publicly available information about its programs and activities,
	including cooperative programs, related to the conservation and sustainable use of biological diversity. 6. Consistent with Article 20.12, Cooperation Frameworks,
	the parties shall cooperate. To address matters of mutual interest. Cooperation may include, but is not limited to, exchanging information and experiences in areas related to the conservation and sustainable use of biological diversity. B. The protection and maintenance of ecosystems and ecosystem services,
	and C. Access to genetic resources and the sharing of benefits arising from their utilization. Article 20.14, Invasive Alien Species. 1. The parties recognize that the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways can adversely affect the environment,
	economic activities and development, and human health. The parties also recognize that the prevention, detection, control and, when possible, eradication, of invasive alien species are critical strategies for managing those adverse impacts. 2. Accordingly, the committee shall coordinate with the Committee on Sanitary and Byto-Zanitary Measures established under Article 7.5,
	Committee on Sanitary and Byto-Zanitary Measures, to identify cooperative opportunities to share information and management experiences on the movement, prevention, detection, control and eradication of invasive alien species, with a view to enhancing efforts to assess and address the risks and adverse impacts of invasive alien species. Article 20.15,
	Transition to a Low Emissions and Resilient Economy. 1. The parties acknowledge that transition to a low emissions economy requires collective action. 2. The parties recognize that each party's actions to transition to a low emissions economy should reflect domestic circumstances and capabilities and,
	consistent with Article 20.12, Cooperative Frameworks, parties shall cooperate to address matters of joint or common interest. Areas of cooperation may include, but are not limited to, energy. Efficiency, development of cost-effective, low-emissions technologies and alternative, clean. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-13. And renewable energy sources, sustainable transport and sustainable urban infrastructure. Development,
	addressing deforestation and forest degradation, emissions monitoring, market. and non-market mechanisms, low emissions, resilient development and sharing of information and experiences in addressing this issue. Further, the parties shall, as appropriate, engage in cooperative and capacity building activities related to transitioning to a low emissions economy. Article 20.16,
	Marine Capture Fisheries 10. 1. The parties acknowledge their role as major consumers, producers and traders of fisheries products and the importance of the marine fisheries sector to their development and to the livelihoods of their fishing communities,
	including Artisanal or small-scale fisheries. The parties also acknowledge that the fate of marine capture fisheries is an urgent resource problem facing the international community. Accordingly, the parties recognize the importance of taking measures aimed at the conservation and the sustainable management of fisheries. 2. In this regard, the parties acknowledge that inadequate fisheries management,
	fisheries subsidies that contribute to overfishing and overcapacity, and illegal, unreported and unregulated fishing 11 can have significant negative impacts on trade, development and the environment can recognize the need for individual and collective action to address the problems of overfishing and unsustainable utilization of fisheries resources. 3. Accordingly,
	Each party shall seek to operate a fisheries management system that regulates marine wild capture fishing and that is designed to prevent overfishing and overcapacity.
	B. Reduce bikatch of non-target species and juveniles, including through the regulation of fishing gear that results in bikatch and the regulation of fishing in areas where bikatch is likely to occur and c.
	Promote the recovery of overfish stocks for all the marine fisheries in which that party s persons conduct fishing activities 10.
	For greater certainty, this article does not apply with respect to aquaculture 11.
	The term illegal, unreported and unregulated fishing is to be understood to have the same meaning as paragraph 3 of the international plan of action to prevent, deter and eliminate illegal, unreported and unregulated fishing 2001.
	The fishing plan of action of the UN FOOD AND Agricultural Organization FAO, adopted in Rome 2001.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 20-14.
	Such a management system shall be based on the best scientific evidence available and on internationally recognized best practices for fisheries management and conservation, as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species 12.
	4.
	Each party shall promote the long-term conservation of sharks, marine turtles, seabirds, and marine mammals, through the implementation and effective enforcement of conservation and management measures. Such measures should include, as appropriate, for sharks,
	the collection of species-specific data, fisheries bacatch mitigation measures, catch limits and finning prohibitions. B. For marine turtles, seabirds, and marine mammals,
	fisheries bikatch mitigation measures, conservation and relevant management measures, prohibitions, and other measures in accordance with relevant international agreements to which the party is party. 5. The parties recognize that the implementation of a fisheries management system that is designed to prevent overfishing and overcapacity and to promote the recovery of overfished stocks must include the control,
	Reduction and eventual elimination of all subsidies that contribute to overfishing and overcapacity.
	To that end, no party shall grant or maintain any of the following subsidies, 13 within the meaning of Article 1.1 of the SCM Agreement, that are specific within the meaning of Article 2 of the SCM Agreement.
	A. Subsidies for fishing.
	14 that negatively affect 15 fish stocks that are in an overfished 16 condition, and 12.
	These instruments include, among others, and as they may apply, UNCLO, the United Nations Agreement.
	For the implementation of the provisions of the United Nations Convention On The Law Of The Sea of December.
	1982, relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, done at New York for December 1995, UN Fish Stocks Agreement, the FAO Code of Conduct for Responsible Fisheries, the 1993 FAO Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas. Compliance agreement,
	done at Rome, 24 November 1993 and the 2001 EA Fishing Plan of Action. 13 For the purposes of this article, a subsidy shall be attributable to the party conferring it, regardless of the flag of the vessel involved or the application of rules of origin to the fish involved. 14 For the purposes of this paragraph, fishing means searching for, attracting, locating, catching,
	taking or harvesting fish or any activity which can reasonably be expected to result in the attracting, locating, catching, taking or harvesting of fish. 15 The negative effect of such subsidies shall be determined based on the best scientific evidence available. 16 For the purposes of this article,
	a fish stock is overfished if the stock is at such a low level that mortality from fishing needs to be restricted to allow the stock to rebuild to a level that produces maximum sustainable yield or subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	20-15.
	B. Subsidies provided to any fishing vessel.
	17, while listed by the flag state or a relevant regional fisheries management organization or arrangement for e-a fishing, in accordance with the rules and procedures of that organization or arrangement and in conformity with international law.
	6.
	Subsidy programs that are established by a party before the date of entry into force of this agreement for that party and which are inconsistent with paragraph 5, shall be brought into conformity with that paragraph as soon as possible and no later than 3.
	Years.
	18 of the date of entry into force of this agreement for that party.
	7.
	In relation to subsidies that are not prohibited by paragraph 5 or B, and taking into consideration a party's social and developmental priorities, including food security concerns, each party shall make best efforts to refrain from introducing new, or extending or enhancing existing, subsidies within the meaning of Article 1.1 of the SCM Agreement,
	to the extent they are specific within the meaning of Article 2 of the SCM Agreement, that contribute to overfishing or overcapacity. 8. With a view to achieving the objective of eliminating subsidies that contribute the overfishing and overcapacity,
	the parties shall review the disciplines in paragraph 5 at regular meetings of the committee. 9. Each party shall notify the other parties, within one year of the date of entry into force, of this agreement for it and every two years thereafter, of any subsidy within the meaning of Article 1.1 of the SCM Agreement that is specific within the meaning of Article 2 of the SCM Agreement,
	That the party grants or maintains to persons engaged in fishing or fishing relative activities.
	Alternative reference points based on the best scientific evidence available.
	Fish stocks that are recognized as overfished by the national jurisdiction where the fishing is taking place or by relevant regional fisheries management organization shall also be considered overfished for the purposes of this paragraph.
	17.
	The term fishing vessels refers to any vessel, ship or other type of boat used for, equipped to be used for, or intended to be used for, fishing or fishing relative activities.
	18.
	Notwithstanding this paragraph, and solely for the purpose of completing a stock assessment that it has already initiated, Vietnam may request an extension of two additional years to bring any subsidy programs into conformity with Article 20.16.5, By providing a written request to the committee no later than six months.
	Before the expiry of the three-year period provided for in this paragraph, Vietnamese request shall include the reason for the requested extension and the information about its subsidy programs, as provided for in Article 20.16.10.
	Vietnam may avail itself of this one-time extension upon providing a request in accordance with this paragraph, unless the committee decides otherwise within 60 days of receiving the request.
	No later than the date on which the additional two-year period expires, Vietnam shall provide to the committee in writing a report on the measures it has taken to fulfill its obligation under Article 20.16.5, a subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 20-16. 10. These notifications shall cover subsidies provided within the previous two-year period. And shall include the information required under Article 25.3 of the SCM Agreement and,
	to the extent possible, the following information, 19. A. Program name. B. Legal authority for the program. C. Catch data by species in the fishery for which the subsidy is provided. D. Status of the fish stocks in the fishery for which the subsidy is provided. For. Example,
	Overexploited, Depleted, Fully Exploited, Recovering or Underexploited. E. Freak capacity in the fishery for which the subsidy is provided. F. Conservation and management measures in place for the relevant fish stock,
	and G. Total imports and exports per species. 11. Each party shall also provide, to the extent possible, information in relation to other fisheries subsidies that the party grants or maintains that are not covered by paragraph 5, In particular fuel subsidies.
	12.
	A party may request additional information from a notifying party regarding the notifications under paragraphs 9 and 10.
	The notifying party shall respond to that request as quickly as possible and in a comprehensive manner.
	13.
	The parties recognize the importance of concerted international action to address ear fishing, as reflected in regional and international instruments 20, and shall endeavor to improve cooperation internationally in this regard, including with and through competent international organizations.
	19.
	Sharing information and data on existing fisheries subsidy programs does not prejudge their legal status, effects or nature under the GATT 1994 or the SCM agreement and is intended to complement WTO data. Reporting requirements. 20 Regional and international instruments include, among others,
	and as they may apply, the 2001 EA Fishing Plan of Action, the 2005 Rome Declaration on EA Fishing, done at Rome on 12 March 2005, the agreement. On port state measures to prevent, deter and eliminate illegal, unreported and unregulated fishing, done at Rome, 22 November 2009,
	as well as instruments establishing and adopted by regional fisheries management organizations, which are defined as intergovernmental fisheries organizations or arrangements, as appropriate, that have the competence to establish conservation and management measures. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 20-17. 14. In support of efforts to combat EA fishing practices and to help deter trade in products from species harvested from those practices, each party shall cooperate with other parties to identify needs and to build capacity to support the implementation of this article. B. Support monitoring, control, surveillance,
	compliance and enforcement systems, including by adopting, reviewing, or revising, as appropriate, measures to I. Deter vessels that are flying its flag and its nationals from engaging in E-offishing activities,
	and 2. Address the transshipment at sea of fish or fish products caught through E-o-fishing activities. C. Implement port state measures. D. Strive to act consistently with relevant conservation and management measures. Adopted by regional fisheries management organizations of which it is not a member so as not to undermine those measures,
	and E. Endeavor not to undermine catch or trade documentation schemes operated by regional fisheries management organizations or arrangements or an intergovernmental organization whose scope includes the management of shared fisheries resources,
	including straddling and highly migratory species, where that party is not a member of those organizations or arrangements. 15. Consistent with Article 26.2.2 publication, a party shall, to the extent possible, provide other parties the opportunity to comment on proposed measures that are designed to prevent trade in fisheries products that results from EA fishing. Article 20.17,
	Conservation and Trade. 1. The parties affirm the importance of combating the illegal take 21 of, and illegal trade, in, wild fauna and flora, and acknowledge that this trade undermines efforts to conserve and sustainably manage those natural resources, has social consequences, distorts legal trading. 21. The term take means captured,
	killed or collected and with respect to a plant, also means harvested, cut, logged or removed. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-18. Wild fauna and flora,
	and reduces the economic and environmental value of these natural resources. 2. Accordingly, each party shall adopt, maintain and implement laws, regulations and any other measures to fulfill its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora Sites. 22, 23,
	24. 3. The parties commit to promote conservation and to combat the illegal take of, and. Illegal trade in, wild fauna and flora.to that end,
	The parties shall exchange information and experiences on issues of mutual interest related to combating the illegal take of, and illegal trade in wild fauna and flora, including combating illegal logging and associated illegal trade and promoting the legal trade in associated products b.
	Undertake, as appropriate, joint activities on conservation issues of mutual interest, including through relevant regional and international fora and c.
	Endeavor to implement, as appropriate sites resolutions that aim to protect and conserve species whose survival is threatened by international trade for.
	Each party further commits to take appropriate measures to protect and conserve wild fauna and flora that it has identified to be at risk within its territory, including measures to conserve the ecological integrity of specially protected natural areas, for example wetlands b.
	Maintain or strengthen government capacity and institutional frameworks to promote sustainable forest management and wild fauna and flora conservation, and endeavor to enhance public participation and transparency in these institutional frameworks and 22.
	For the purposes of this article, a party's sites obligations include existing and future amendments to which it is a party and any existing and future reservations, exemptions and exceptions applicable to it 23.
	To establish a violation of this paragraph, a party must demonstrate that the other party has failed to adopt, maintain or implement laws, regulations or other measures to fulfill its obligations under sites in a manner affecting trade or investment between the parties 24.
	If a party considers that another party is failing to comply with its obligations under this paragraph, it shall endeavor in the first instance to address the matter through a consultative or other procedure under sites.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	20-19 c endeavor to develop and strengthen cooperation and consultation with interested non-governmental entities in order to enhance implementation of measures to combat the illegal take of and illegal trade in wild fauna and flora 5.
	In a further effort to address the illegal take of and illegal trade in wild fauna and flora, including parts and products thereof, each party shall take measures to combat and cooperate to prevent the trade of wild fauna and flora that, based on credible evidence.
	25, were taken or traded in violation of that party's law or another applicable law.
	26, the primary purpose of which is to conserve, protect or manage wild fauna or flora.
	Such measures shall include sanctions, penalties, or other effective measures, including administrative measures, that can act as a deterrent to such trade. In addition, each party shall endeavor to take measures to combat the trade of wild fauna and floratronship through its territory that,
	based on credible evidence were illegally taken or traded. 6. The parties recognize that each party retains the right to exercise administrative, investigatory and enforcement discretion in its implementation of paragraph 5, including by taking into account in relation to each situation the strength of the available evidence and the seriousness of the suspected violation. In addition,
	the parties recognize that in implementing paragraph 5, each party retains the right to make decisions regarding the allocation of administrative, investigatory and enforcement resources. 7. In order to promote the widest measure of law enforcement cooperation and information sharing between the parties to combat the illegal take of and illegal trade in wild fauna and flora,
	the parties shall endeavor to identify opportunities consistent with their respective law and in accordance with applicable international agreements to enhance law enforcement cooperation and information sharing,
	for example by creating and participating in law enforcement networks. Article 20.18, Environmental Goods and Services. 1. The parties recognize the importance of trade and investment in environmental goods and services as a means of improving environmental and economic performance and addressing global environmental challenges. 25. For greater certainty,
	for the purposes of this paragraph, each party retains the right to determine what constitutes credible evidence. 26. For greater certainty, another applicable law means a law of the jurisdiction where the take or trade occurred and is only relevant to the question of whether the wild fauna and flora has been taken or traded in violation of that law. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-20. 2. The parties further recognize the importance of this agreement to promoting trade and investment in environmental goods and services in the free trade area. 3. Accordingly,
	the committee shall consider issues identified by a party or parties related to trade in environmental goods and services, including issues identified as potential non-tariff barriers to that trade. The parties shall endeavor to address any potential barriers to trade in environmental goods and services that may be identified by a party,
	including by working through the committee and in conjunction with other relevant committees established under this agreement, as appropriate. 4. The parties may develop bilateral and plurilateral cooperative projects on environmental goods and services to address current and future global trade-related environmental challenges. Article 20.19,
	Environment Committee and Contact Points. 1. Each party shall designate a notify a contact point from its relevant authorities. Within 90 days of the date of entry into force of this agreement for it,
	in order to facilitate communication between the parties in the implementation of this chapter. Each party shall promptly notify the other parties in the event of any change to its contact point. 2. The parties establish an environment committee,
	Committee, composed of senior government representatives, or their designees, of the relevant trade and environment national authorities of each party responsible for the implementation of this chapter.
	3.
	The purpose of the committee is to oversee the implementation of this chapter, and its functions shall be, the.
	Provide a forum to discuss and review the implementation of this chapter.
	B. Provide periodic reports to the commission regarding the implementation of this chapter c.
	Provide a forum to discuss and review cooperative activities under this chapter d.
	Consider and endeavor to resolve matters referred to it under article 20.21.
	Senior representative consultations e.
	Coordinate with other committees established under this agreement as appropriate and f.
	Perform any other functions as the parties may decide, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 20-21 4.
	The committee shall meet within one year of the date of entry into force of this agreement.
	Thereafter, the committee shall meet every two years, unless the committee agrees otherwise.
	The chair of the committee and the venue of its meetings shall rotate among each of the parties in English alphabetical order, unless the committee agrees otherwise.
	Five, all the decisions and reports of the committee shall be made by consensus, unless the committee agrees otherwise or unless otherwise provided in this chapter.
	6, all the decisions and reports of the committee shall be made available to the public, unless the committee agrees otherwise.
	7, during the fifth year after the date of entry into force of this agreement, the committee shall review the implementation and operation of this chapter b.
	Report its findings, which may include recommendations, to the parties and the commission, and c.
	Undertake subsequent reviews at intervals to be decided by the parties.
	Eight, the committee shall provide for public input on matters relevant to the committee's work, as appropriate, and shall hold a public session at each meeting.
	Nine, the parties recognize the importance of resource efficiency in the implementation of this chapter and the desirability of using new technologies technologies to facilitate communication and interaction between the parties and with the public.
	Article 20.20, Environment Consultations 1.
	The parties shall at all times endeavor to agree on the interpretation and application of this chapter and shall make every effort, through dialogue consultation, exchange of information and, if appropriate cooperation, to address any matter that might affect the operation of this chapter.
	2, a party the requesting party may request consultations with any other party the responding party regarding any matter arising under this chapter, by delivering a written request to the responding party's contact point.
	The requesting party shall include information that is specific and sufficient to enable the responding party to respond, including identification of the matter at issue and an indication of the legal basis for the request.
	The requesting party shall circulate its request for consultations to the other parties through their respective contact points, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	20-22 3.
	A party other than the requesting or the responding party that considers it has a substantial interest in the matter.
	A participating party may participate in the consultations by delivering a written notice to the contact point of the requesting and responding parties no later than seven days after the date of circulation of the request for consultations.
	The participating party shall include in its notice an explanation of its substantial interest in the matter.
	For unless the requesting and the responding parties, the consulting parties, agree otherwise, the consulting parties shall enter into consultations promptly and no later than 30 days after the date of receipt by the responding party of the request.
	Five, the consulting parties shall make every effort to arrive at a mutually satisfactory resolution to the matter, which may include appropriate cooperative activities.
	The consulting parties may seek advice or assistance from any person or body they deem appropriate in order to examine the matter.
	Article 20.21 senior representative consultations.
	One, if the consulting parties have failed to resolve the matter under article 20.20 environment consultations, a consulting party may request that the committee representatives from the consulting parties convene to consider the matter by delivering a written request to the contact point of the other consulting party or parties At the same time,
	the consulting party making the request shall circulate the request to the contact points of other parties. 2. The committee representatives from the consulting parties shall promptly convene following the delivery of the request,
	and shall seek to resolve the matter including, if appropriate, by gathering relevant scientific and technical information from governmental or non-governmental experts. Committee representatives from any other party that considers it. Has a substantial interest in the matter may participate in the consultations. Article 20.22,
	Ministerial Consultations. 1. If the consulting parties have failed to resolve the matter under Article 20.21, Senior Representative Consultations, a consulting party may refer the matter to the relevant ministers of the consulting parties who shall seek to resolve the matter. 2. Consultations pursuant to Article 20.20, Environmental Consultations,
	Article 20.21. Senior representative consultations, and this article may be held in person or by any technological means available as agreed by the consulting parties. If in person, consultations. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 20-23. Shall be held in the capital and the responding party, unless the consulting parties agree. Otherwise. 3. Consultations shall be confidential and without prejudice to the rights of any party in any future proceedings. Article 20.23,
	Dispute Resolution. 1. If the consulting parties have failed to resolve the matter under Article 20.20. Environmental Consultations, Article 20.21, Senior Representative Consultations, and Article 20.22, Ministerial Consultations, within 60 days after the date of receipt of a request. Under Article 20.20,
	Environmental Consultations or any other period as the consulting parties may agree the requesting party may request consultations under Article 28.5 Consultations, or request the establishment of a panel under Article 28.7, Establishment of a Panel. 2. Notwithstanding Article 28.14, Role of Experts,
	in a dispute arising under Article 20.17.2, Conservation and Trade, a panel convened under Chapter 28, Dispute Settlement shall seek technical advice or assistance, if appropriate, from an entity authorized under sites to address the particular matter, and provide the consulting parties with an opportunity to comment on any such technical advice or assistance received,
	And b, provide due consideration to any interpretive guidance received pursuant on the matter, to the extent appropriate in light of its nature and status, in making its findings and determinations under Article 28.17.4.
	Initial report.
	3.
	Before a party initiates dispute settlement under this agreement for a matter arising.
	Under Article 20.3.4 or Article 20.3.6, general commitments, that party shall consider.
	Whether it maintains environmental laws that are substantially equivalent in scope to the environmental laws that would be the subject of the dispute.
	4.
	If a party requests consultations with another party under Article 20.20, Environment. Consultations, for a matter arising under Article 20.3.4 or Article 20.3.6, General Commitments,
	and the responding party considers that the requesting party does not maintain environmental laws that are substantially equivalent in scope to the environmental laws that would be the subject of the dispute, the parties shall discuss the issue during the consultations. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 20-24. Annex 20A. For Australia, the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. For Brunei der Russell AIM,
	the Customs, Prohibition and Restriction on Imports and Exports, Order. For Canada, the Ozone Depleting Substances Regulations, 1998 of the Canadian. Environmental Protection Act, 1999, SPA. For Chile, Supreme Decree N degrees 238, 1990, of the Ministry of Foreign Affairs and Law N degrees. 20.096. For Japan,
	the law concerning the protection of the ozone layer through the control of specified substances and other measures, Law No. 53, 1988. For Malaysia, the Environmental Quality Act 1974. For Mexico, the General Law on Ecological Equilibrium and Environmental Protection, Le. General dell'Equilibrio Ecologico y la Protectional Ambiente Jipa,
	under Title IV. Environmental Protection, Chapter I and II regarding federal enforcement of atmospheric provisions. For New Zealand, the Ozone Layer Protection Act 1996. For Peru,
	the Supreme Decree No. 033, 2000 I Tinsai. For Singapore, the Environmental Protection and Management Act, including regulations. Maybe they runda. For the United States, 42U.S. C paragraph paragraph 7671-7671Q, Stratospheric Ozone Protection. For Vietnam,
	the Law on Environmental Protection 2014, the Joint Circular No. 47-2011-TTLTBCTBTNMT dated 30 December 2011 of the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, regulating the management of import, export and temporary import for re-export of odds according to Montreal Protocol,
	the decision No. 15 slash 2006 slash Q. BTNMT dated 08 September 2006 of the Minister of the Ministry of Natural Resources and Environment, issuing list of refrigeration equipments using CFC prohibited for import. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 20-25. Annex 20B. For Australia, the Protection of the Sea, Prevention of Pollution from Ships, Act 1983 and the Navigation Act 2012. For Brunei der Russell, the Prevention of Pollution of the Sea Order 2005,
	the Prevention of Pollution of the Sea, Oil, Regulations 2008, and the Prevention of the Pollution of the Seas. Noxious Liquid Substances in Bulk, Regulations, 2008. For Canada, the Canada Shipping Act, 2001 and its related regulations. For Chile, the Decree No. 1. 689, 1995,
	of the Ministry of Foreign Affairs. For Japan, the law relating to the prevention of marine pollution and maritime disasters. Law No. 136, 1970. For Malaysia, the Act 515 Merchant Shipping, Oil Pollution, Act 1994, Merchant Shipping Ordinance 1952, amended in 2007 by Actor 1316,
	and the Environmental Quality Act 1974. For Mexico, the section 132 of the General Law on Ecological Equilibrium and Environmental Protection, La General dell'Equilibrio Ecologico y la Protection adambient. Lujipa. For New Zealand, the Maritime Transport Act 1994. For Peru, the Decree Law No. 22703,
	and the 1978 Protocol by Decree Lawno. 22954. March 26, 1980. For Singapore, the Prevention of Pollution of the Sea Act,
	including regulations made. They run a. For the United States, the Act to Prevent Pollution from Ships, 33U.S. C. Paragraph Paragraph 1901-1915. For Vietnam,
	the Law on Environmental Protection 2014, the Maritime Code 2005, the Circular 50-2012-TTBGTVT dated 19 December 2012 of the Ministry of Transport,
	regulating the management of receiving and processing oil containing liquid waste from sea vessels at Vietnam SC Ports, the National Technical Regulation on Marine Pollution. Prevention systems of ships QCVN26,

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