TITLE VII: SMALL AND MEDIUM-SIZED ENTERPRISES

Article SME.1: Objective

The objective of this Title is to enhance the ability of small and medium-sized enterprises to benefit from Heading one [Trade].

Article SME.2: Information sharing

1. Each Party shall establish or maintain its own publicly accessible website for small and medium-sized enterprises with information regarding Heading one [Trade], including:

(a) a summary of Heading one [Trade];

(b) a description of the provisions in Heading one [Trade] that each Party considers to be relevant to small and medium-sized enterprises of both Parties; and

(c) any additional information that each Party considers would be useful for small and medium- sized enterprises interested in benefitting from Heading one [Trade].

2. Each Party shall include an internet link in the website provided for in paragraph 1 to the:

(a) text of Heading one [Trade];

(b) equivalent website of the other Party; and

(c) websites of its own authorities that the Party considers would provide useful information to persons interested in trading and doing business in its territory.

3. Each Party shall include an internet link in the website provided for in paragraph 1 to websites of its own authorities with information related to the following:

(a) customs laws and regulations, procedures for importation, exportation and transit as well as relevant forms, documents and other information required;

(b) laws, regulations and procedures concerning intellectual property rights, including geographical indications;

(c) technical laws and regulations including, where necessary, obligatory conformity assessment procedures and links to lists of conformity assessment bodies, in cases where third party conformity assessment is obligatory, as provided for in Chapter 4 [Technical barriers to trade] of Title I [Trade in goods] of this Heading;

(d) laws and regulations on sanitary and phytosanitary measures relating to importation and exportation as provided for in Chapter 3 [Sanitary and phytosanitary issues] of Title I [Trade in goods] of this Heading;

(e) laws and regulations on public procurement, single point of access on the internet to public procurement notices as provided for in Title VI [Public procurement] of this Heading and other relevant provisions contained in that Title;

(f) company registration procedures; and

(g) other information which the Party considers may be of assistance to small and medium-sized enterprises.

4. Each Party shall include an internet link in the website provided for in paragraph 1 to a database that is electronically searchable by tariff nomenclature code and that includes the following information with respect to access to its market:

(a) in respect of tariff measures and tariff-related information:

(i) rates of customs duties and quotas, including most-favoured nation, rates concerning non most-favoured nation countries and preferential rates and tariff rate quotas;

(ii) excise duties;

(iii) taxes (value added tax/ sales tax);

(iv) customs or other fees, including other product specific fees;

(v) rules of origin as provided for in Chapter 2 [Rules of origin] of Title I [Trade in Goods] of this Heading;

(vi) duty drawback, deferral, or other types of relief that reduce, refund, or waive customs duties;

(vii) criteria used to determine the customs value of the good; and

(viii) other tariff measures;

(b) in respect of tariff nomenclature related non-tariff measures:

(i) information needed for import procedures; and

(ii) information related to non-tariff measures.

5. Each Party shall regularly, or if requested by the other Party, update the information and links referred to in paragraphs 1 to 4 that it maintains on its website to ensure such information and links are up-to-date and accurate.

6. Each Party shall ensure that the information and links referred to in paragraphs 1 to 4 is presented in an adequate manner to use for small and medium-sized enterprises. Each Party shall endeavour to make the information available in English.

7. No fee shall apply for access to the information provided pursuant to paragraphs 1 to 4 for any person of either Party.

Article SME.3: Small and medium-sized enterprises contact points

1. Upon the entry into force of this Agreement, each Party shall designate a contact point to carry out the functions listed in this Article and notify the other Party of its contact details. The Parties shall promptly notify each other of any change of those contact details.

2. The small and medium-sized enterprises contact points of the Parties shall:

(a) seek to ensure that the needs of small and medium-sized enterprises are taken into account in the implementation of Heading one [Trade] and that small and medium-sized enterprises of both Parties can take advantage of Heading one [Trade];

(b) consider ways for strengthening the cooperation on matters of relevance to small and medium- sized enterprises between the Parties in view of increasing trade and investment opportunities for small and medium-sized enterprises;

(c) ensure that the information referred to in Article SME.2 [Information sharing] is up-to-date, accurate and relevant for small and medium-sized enterprises. Either Party may, through the small and medium-sized enterprises contact point, suggest additional information that the other Party may include in its websites to be maintained in accordance with Article SME.2 [Information sharing];

(d) examine any matter relevant to small and medium-sized enterprises in connection with the implementation of Heading one [Trade], including:

(i) exchanging information to assist the Partnership Council in its task to monitor and implement the small and medium-sized enterprises-related aspects of Heading one [Trade];

(ii) assisting specialised committees, joint working groups and contact points established by this Agreement in considering matters of relevance to small and medium-sized enterprises;

(e) report periodically on their activities, jointly or individually, to the Partnership Council for its consideration; and

(f) consider any other matter arising under this Agreement pertaining to small and medium-sized enterprises as the Parties may agree.

3. The small and medium-sized enterprises contact points of the Parties shall carry out their work through the communication channels decided by the Parties, which may include electronic mail, videoconferencing or other means. They may also meet, as appropriate.

4. Small and medium-sized enterprises contact points may seek to cooperate with experts and external organisations, as appropriate, in carrying out their activities.

Article SME.4: Relation with Part Six

Title I [Dispute settlement] of Part Six [Dispute settlement and horizontal provisions] does not apply to this Title.