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Agreement between the Government of Canada and the Government of the Argentine Republic on Economic, Commercial and Industrial Co-operation [1984] CATSer 33 (12 November 1984)

E101130 - CTS 1984 No. 29

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC ON ECONOMIC, COMMERCIAL AND INDUSTRIAL CO-OPERATION

The Government of Canada and the Government of the Argentine Republic,

Inspired by the traditional links of friendship between Canada and Argentina as well as their common desire to strengthen and diversify their economic, commer­cial and industrial relations by means of broader and mutually beneficial co-operation, and to contribute to the growth and prosperity of their respective economies, the creation of employment opportunities and the enhancement of standards of living;

Considering that the two Governments have concluded a Trade Agreement sign­ed at Buenos Aires on October 2, 1941, and are Contracting Parties to the GATT;

Resolving further to consolidate, develop and diversify their economic, com­mercial and industrial relations by means of broader co-operation for their mutual benefit on the basis of fair and equitable treatment;

Recognizing that closer, broader and diversified intercorporate links between their respective private sectors are of mutual benefit to the two countries;

Have agreed as follows:

ARTICLE I

Economic, Commercial and Industrial Co-operation

1. The Parties shall promote economic, commercial and industrial co-operation to the highest possible level in accordance with their respective economic and social development policies and priorities, consistent with their international obligations and subject to their respective domestic laws, regulations and practices. To this end, they shall encourage and facilitate greater participation by their respective companies, government agencies and other entities in the economic, commercial and industrial development of each country on mutually advantageous terms by the means of, among other things, joint ventures as well as other forms of co-operation including transfers of technology and, where feasible and appropriate, joint co-operative activities in third countries as well as in any other sectors or areas which may be agreed by the two Governments.

2. The Parties shall intensify co-operation under this Agreement by facilitating the use of industrial and financial capabilities and they shall identify potential part­ners from the public and private sectors in both countries and encourage their par­ticipation in joint ventures.

3. The Parties shall facilitate investment opportunities, including technological transfers, for companies, government agencies and other entities of the other coun­try by establishing procedures for the exchange of information on the laws and regula­tions governing foreign investment and technological transfers and of information to permit the assessment of economic development needs and priorities of each coun­try. Such information shall include indications of specific opportunities, industrial projects and sectors of interest which may favour the prospects for co-operation. In this regard, each Government shall keep its business community advised of in­vestment and business opportunities in the other country. Technological transfers shall permit the application and improvement of existing technology and the develop­ment of new processes.

4. The Parties, having regard to their respective immigration and customs laws, regulations and practices shall facilitate the entry and exit of experts, technicians, technical personnel for managerial training, specialists, investors and businessmen, as well as material and equipment necessary for the fulfillment of activities falling within the scope of this Agreement.

5. The Parties, having regard to their respective immigration and customs laws, regulations and practices, shall sponsor and grant each other the widest facilities for the mounting of industrial fairs, exhibits, missions and other promotional activities in the two countries.

ARTICLE II

Areas of Co-operation

The Parties agree that the principal areas of co-operation, where economic, com­mercial and industrial development requirements can be related to technological, manufacturing or engineering capabilities, including services, to the mutual benefit to the two countries, are the following:

- chemicals and petrochemicals
- mining and processing
- wood products and by-products
- transportation equipment
- food and agriculture
- grain storage
- equipment related to petroleum and gas development
- communications and telecommunications equipment
- electrical power generation and transmission equipment
- machine tools, engines and general machinery
- consulting services

and any other sectors which may be identified by the two Governments.

ARTICLE III

Institutions

The Parties shall establish a Joint Committee on Economic, Commercial and Industrial Co-operation. The Committee shall normally be chaired for Canada by the Minister of State for Trade, and for Argentina by the Secretary of State for Com­merce and International Economic Negotiations. The Committee shall also meet as necessary at the level of designated senior officials. The Committee shall normally meet annually or at the request of either Party alternately in Argentina and in Canada.

ARTICLE IV

In order to ensure the effective implementation of this Agreement, to stimulate and co-ordinate action contemplated within its terms and those of any subsidiary agreements, arrangements and contracts, to keep under review the various co-operative activities envisaged between the two countries and to further the objectives of this Agreement, the Committee shall:

(a) Monitor the execution of this Agreement and propose through the Chairmen to the respective Governments, the adoption of programs and measures to facilitate implementation of the Agreement and its objectives;

(b) Examine difficulties that might prevent the increase and diversification of economic, commercial and industrial relationships between both countries, and study and recommend solutions to obstacles to industrial and commer­cial exchanges within the framework of existing commitments by both Par­ties under international agreements and organizations;

(c) Investigate ways and means of stimulating closer and more diversified economic, commercial and industrial co-operation and, to this end, recom­mend implementation of suitable programs and measures;

(d) Identify infrastructure and other projects and initiatives of mutual interest to both countries and to work out specific ways and means of joint par­ticipation in such projects and initiatives;

(e) Exchange information on each other’s markets in order to facilitate the im­provement of bilateral trade;

(f) Establish sub-committees or working groups, when necessary, composed of representatives of government and, where appropriate, of the business com­munity in order to define and implement projects of mutual interest iden­tified pursuant to paragraph (d) above and to assist the Committee in the performance of its tasks. The conclusions and recommendations of the work­ing groups and sub-committees shall be submitted to the Committee for its information or approval;

(g) Stimulate joint ventures in a manner consistent with the laws of both countries;

(h) Study and recommend ways and means of fostering transfers of technology and formulate for this purpose recommendations on procedures and organizations;

(i) Exchange information on investments which have been approved by the respective governmental authorities; and

(j) Exchange views on other economic, commercial and industrial matters that may be included by mutual consent on the Committee’s agenda.

ARTICLE V

Subject to Laws and Regulations

Subject to its laws and regulations governing foreign investment, each Party shall accord fair and equitable treatment to the individuals, companies, government agen­cies and other entities of the other Party.

ARTICLE VI

Final Provisions

This Agreement shall be applied provisionally from the date of signature and shall enter into force definitively on the later of the dates on which each Party notifies the other, by means of an exchange of notes, of the completion of any procedures necessary for this purpose.

This Agreement shall be of indefinite duration, subject to the right of either Party to terminate it at any time on twelve months’ written notice to the other Party.

Termination of this Agreement shall not affect the validity of arrangements and contracts already concluded nor of guarantees already given under the Agreement nor of any other trade agreements or arrangements.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed the Agreement.

DONE in two copies at Ottawa this 6th day of October 1980 in the English, French and Spanish languages, each version being equally authentic.

Edward Lumley

FOR THE GOVERNMENT OF CANADA

Licenciado Alberto Grimoldi

FOR THE GOVERNMENT OF THE ARGENTINE REPUBLIC