Chile - Ecuador Economic Complementation Agreement (2020)
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(i) Arbitrators shall be precluded from disclosing matters relating to actual or potential violations of this Code of Conduct unless the disclosure is with both Contact Units and serves the need to determine whether an arbitrator has violated or may violate this Code of Conduct.

6. Independence and impartiality of arbitrators

(a) Arbitrators must be independent and impartial. Arbitrators shall act fairly and shall not create the appearance of impropriety or bias.

(b) Arbitrators shall not be influenced by self-interest, outside pressure, political considerations, public pressure, loyalty to a Party or fear of criticism.

(c) Arbitrators may not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of their duties.

(d) Arbitrators shall not use their position on the arbitral tribunal to promote personal or private interests. Arbitrators shall avoid actions that may create the impression that others are in a special position to influence them. Arbitrators shall make every effort to prevent or discourage others from claiming to have such influence.

(e) Arbitrators shall not allow their past or present financial, business, professional, family or social relationships or responsibilities to influence their conduct or judgment.

(f) Arbitrators shall avoid establishing any relationship or acquiring any financial interest which is likely to influence their impartiality or which might reasonably create the appearance of impropriety or bias.

(g) If an arbitrator's interest, personal relationship or matter is incompatible with subparagraphs (a) through (f), the arbitrator may accept appointment to an arbitral tribunal or may continue to serve on an arbitral tribunal, as appropriate, if the Parties waive the violation or if, after the arbitrator has taken steps to cure the violation, the Parties determine that the incompatibility no longer exists.

7. Obligations of former arbitrators

Former arbitrators shall avoid any appearance that their actions may create the appearance that they were biased in the performance of their duties or that they might have benefited from the decisions of the arbitral tribunal.

8. Confidentiality

(a) Arbitrators and former arbitrators shall not at any time disclose or use any information relating to a proceeding or acquired during a proceeding except for the purposes of the proceeding itself, nor shall they disclose or use such information for personal gain or for the benefit of others, or to adversely affect the interests of others.

(b) The arbitrators shall not disclose a report of the arbitral tribunal issued under this Chapter before the Parties publish the final report. Arbitrators and former arbitrators shall not disclose at any time the identity of arbitrators who are associated with the majority or minority vote.

(c) Arbitrators and former arbitrators shall not at any time disclose the deliberations of an arbitral tribunal or the opinion of an arbitrator, except as required by law.

(d) Arbitrators shall not make public statements about the merits of a pending proceeding.

9. Responsibilities of assistants, advisors and experts

Paragraphs 3, 4, 5(d), 5(f), 7 and 8 also apply to assistants, advisers and experts.

Appendix. AFFIDAVIT OF CONFIDENTIALITY AND COMPLIANCE WITH THE CODE OF CONDUCT

1. I acknowledge having received a copy of the Code of Conduct for Dispute Settlement Arbitration Proceedings under Chapter 22 (Dispute Settlement) of the Trade Integration Agreement between the Republic of Chile and the Republic of Ecuador.

2. I acknowledge that I have read and understood the Code of Conduct.

3. I understand that I have a continuing obligation to disclose interests, personal relationships and matters that may be related to the integrity or fairness of the arbitration dispute resolution proceeding. As part of that obligation, I make the following affidavit:

(a) My financial interest in the proceedings or their outcome is as follows:

(b) My pecuniary interest in any administrative proceedings, domestic judicial proceedings and other international dispute settlement proceedings relating to matters that may be decided in the proceeding for which I am under consideration is as follows:

(c) The economic interests that any employer, partner, associate or family member may have in the proceedings or their outcome are as follows:

(d) The economic interests that any employer, partner, associate or family member may have in any administrative proceeding, domestic judicial proceeding and other international dispute settlement proceedings involving matters that may be decided in the proceeding for which I am under consideration are as follows:

(e) My past or present financial, business, professional, family or social relationships with any party to the proceeding or its counsel are as follows:

(f) My past or present financial, business, professional, family or social relationships with any party to the proceeding or its counsel, involving any employer, partner, associate or family member, are as follows:

(g) My public advocacy or legal or other representation relating to any matter at issue in the proceeding or involving the same goods or services is as follows:

(h) My other interests, relationships and matters that may affect the integrity or fairness of the dispute resolution proceeding and that have not been disclosed in subparagraphs (a) through (g) in this opening statement are as follows:

Subscribed on the day _____ of the month ______of the year___.

By: 

Name ___________________

Signature ________________

Chapter 23. GENERAL EXCEPTIONS

Article 23.1. General Exceptions

1. For the purposes of Chapters 2 (National Treatment and Market Access), 3 (Rules of Origin), 4 (Trade Facilitation), 7 (Sanitary and Phytosanitary Measures), 8 (Technical Barriers to Trade) and 10 (Electronic Commerce) of this Agreement, Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this instrument, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.

2. For the purposes of Chapter 9 (Trade in Services) and Chapter 10 (Electronic Commerce) (1), paragraphs (a), (b) and (c) of Article XIV of the GATS are hereby incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health.

(1) This paragraph does not prejudge whether digital products should be classified as a good or service.

Article 23.2. Essential Security

Nothing in this Agreement shall be construed to mean:

(a) oblige a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests or,

(b) prevent a Party from applying any measure it considers necessary for the protection of its essential security interests, as well as for the fulfilment of its obligations under the Charter of the United Nations with respect to the maintenance and restoration of international peace and security.

Article 23.3. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to provide or permit access to information the disclosure of which would impede law enforcement or would be contrary to the Party's law protecting the personal privacy or financial affairs or accounts of individual customers of financial institutions.

Article 23.4. Balance of Payments

1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures restricting transfers or payments for current account transactions in the event that it experiences serious difficulties in its balance of payments and external finances or the threat thereof.

2. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures restricting payments or transfers related to capital movements:

(a) in the event of serious difficulties in its balance of payments and external finances, or the threat thereof, or

(b) where, in exceptional circumstances, the payments or capital transfers cause or threaten to cause serious difficulties for macroeconomic management, in particular for the operation of monetary or exchange rate policy.

3. Any action taken or maintained pursuant to paragraphs 1 and 2 shall:

(a) be applied in a non-discriminatory manner such that the other Party is treated less favourably than any non-Party;

(b) be consistent with the Articles of Agreement of the International Monetary Fund;

(c) avoid unnecessary damage to the commercial, economic and financial interests of another Party;

(d) not go beyond what is necessary to overcome the circumstances set out in paragraph 1 or 2, and

(e) be temporary and phased out as soon as the situations referred to in paragraph 1 or 2 improve.

4. With respect to trade in goods, nothing in this Agreement shall be construed to prevent a Party from adopting restrictive measures on imports so as to enable it to safeguard its external financial position or balance of payments. Such import-restrictive measures shall be consistent with the GATT 1994, in particular Articles XI, XV and XVII, Section B, and the Understanding on Balance of Payments Provisions of the General Agreement on Tariffs and Trade 1994.

5. With respect to trade in services, nothing in this Agreement shall be construed to prevent a Party from adopting trade-restrictive measures in order to safeguard its external financial position or balance of payments. Such restrictive measures shall be consistent with the GATS.

6. A Party that adopts or maintains measures in accordance with paragraphs 1, 2, 4 or 5 shall:

(a) promptly notify the other Party of the measures adopted or maintained, including any amendments thereto, and

(b) promptly enter into consultations with the other Party with a view to reviewing measures previously maintained or adopted by it, provided that consultations regarding the adopted measures are not being conducted before the WTO.

7. Any statistical or other factual findings of fact presented by the International Monetary Fund on exchange, monetary reserves and balance of payments issues shall be accepted in the consultations and the conclusions shall be based on the Fund's assessment of the external financial and balance of payments situation of the Party subject to the consultations.

Article 23.5. Taxation Measures

1. For purposes of this Article:

designated authorities means:

(a) in the case of Chile, the Undersecretary of Finance, or his successor, and

(b) in the case of Ecuador, the Director-General of the Internal Revenue Service, or his successor;

The designation of a successor to any such authority and the date on which he or she assumes that capacity shall be notified in writing to the other Party.

tax treaty means a convention for the avoidance of double taxation or other international agreement or arrangement on tax matters, and

Taxes and tax measures include excise taxes, but do not include:

(a) any tariff or charge of any kind applied to or in connection with the importation of a good, and any form of surcharge or surtax applied in connection with such importation, or

(b) any duty or other charge related to the importation of proportionate cost of services rendered, or

(c) any anti-dumping duty or countervailing measure.

2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

3. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax treaty. In the event of any inconsistency between this Agreement and any such tax treaty, such tax treaty shall prevail to the extent of the inconsistency.

4. In the case of a tax treaty between the Parties, if a dispute arises as to the existence of any inconsistency between this Agreement and the tax treaty, the dispute shall be referred to the Parties' designated authorities. The designated authorities of the Parties shall have six (6) months from the date of referral of the dispute to make a determination as to the existence of any inconsistency. If those designated authorities so agree, the period may be extended to twelve (12) months from the date of referral of the dispute. No proceeding relating to the measure giving rise to the dispute may be initiated under Chapter 22 (Dispute Settlement) until the expiration of the six-month period, or such other period as may be agreed upon by the designated authorities. An arbitral tribunal established to hear a dispute relating to a taxation measure shall accept as binding the determination made by the designated authorities of the Parties under this paragraph.

5. Notwithstanding paragraph 3:

(a) Article 2.1 (National Treatment) and such other provisions in this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as Article I of GATT 1994, and

(b) Article 2.6 (Import and Export Restrictions) shall apply to taxation measures.

6. Subject to paragraph 3:

(a) Article 9.3 (National Treatment) shall apply to taxation measures on income, capital gains, on the taxable capital of corporations, or on the value of an investment or property (2) (but not on the transfer of such investment or property), that relate to the purchase or consumption of specified services, except that nothing in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage related to the purchase or consumption of specified services on requirements to supply the service in its territory, and

(b) Article 9.3 (National Treatment) shall apply to all tax measures, other than those on income, capital gains, on the taxable capital of corporations, on the value of an investment or property (3) (but not on the transfer of that investment or property), or estate, inheritance, gift, and generation-skipping transfer taxes;

but nothing in the Article referred to in subparagraphs (a) and (b) shall apply to:

(c) any most-favoured-nation obligation with respect to an advantage granted by a Party in accordance with a tax convention;

(d) a non-conforming provision of any existing tax measure;

(e) the continuation or prompt renewal of a non-conforming provision of any existing tax measure;

(f) an amendment of a non-conforming provision of any existing taxation measure, to the extent that such amendment does not reduce its degree of conformity, at the time the amendment is made, with any of those Articles (4);

(g) the adoption or application of any new taxation measure aimed at ensuring the equitable or effective application or collection of taxes, including any taxation measure that differentiates between persons based on their place of residence for tax purposes, provided that the taxation measure does not arbitrarily discriminate between persons, goods or services of the Parties (5);

(h) a provision that conditions the receipt or continued receipt of an advantage relating to contributions to, or income from, a pension fund, pension plan or other scheme to provide pension, retirement or similar benefits on a requirement that the Party maintain continuing jurisdiction, regulation or supervision over that fund, plan, or other arrangement.

(2) This is without prejudice to the methodology used to determine the value of such investment or property under the respective laws of the Parties.
(3) This is without prejudice to the methodology used to determine the value of such investment or property under the respective laws of the Parties.
(4) For greater certainty, the amendment of non-conforming provisions under this subparagraph may include the adoption of a specific tax in respect of insurance premiums in place of an income tax in respect of insurance premiums.
(5) The Parties understand that this subparagraph is to be interpreted by reference to the footnote to Article XIV(d) of the GATS as if the Article were not restricted to services or direct taxes

Chapter 24. FINAL PROVISIONS

Article 24.1. Annexes, Appendices and Footnotes

The annexes, appendices and footnotes to this Agreement constitute an integral part of this Agreement.

Article 24.2. Amendments and Additions

1. The Parties may agree on any amendments or additions to this Agreement.

2. The agreed amendments and additions shall enter into force in accordance with the provisions of Article 24.7, and shall constitute an integral part of this Agreement.

Article 24.3. Amendments to Incorporated or Referred Agreements

In the event that any agreement incorporated or referred to in this Agreement, including the WTO Agreement, is amended, the Parties shall consult with respect to the need to amend this Agreement.

Article 24.4. Accession

1. In compliance with the provisions of the Treaty of Montevideo 1980, this Agreement is open to the accession, through prior negotiation, of the other member countries of ALADI.

2. The accession shall be formalized once its terms have been negotiated between the Parties and the acceding country, through the conclusion of an Additional Protocol to this Agreement, which shall enter into force sixty (60) days after being deposited with the General Secretariat of LAIA.

Article 24.5. Convergence

The Parties shall promote the convergence of this Agreement with other integration agreements of Latin American countries, in accordance with the mechanisms established in the Treaty of Montevideo 1980.

Article 24.6. General Review and Future Negotiations

1. The Parties may undertake a general review of this Agreement with a view to its updating or extension after its entry into force.

2. Unless otherwise agreed, the Parties shall negotiate an investment chapter after the entry into force of this Agreement, as well as such other disciplines as the Parties may agree.

Article 24.7. Entry Into Force and Denunciation

1. This Agreement shall be of indefinite duration.

2. The entry into force of this Agreement is subject to the completion of the necessary internal legal procedures of each Party.

3. This Agreement shall enter into force ninety (90) days after the date on which the General Secretariat of ALADI notifies the Parties of having received the last communication from the Parties informing the compliance with the requirements established in their internal legislations.

4. Any of the Parties may denounce this Agreement by means of a written notification to the General Secretariat of ALADI. This Agreement shall cease to produce its effects one hundred and eighty (180) days after the date on which the General Secretariat of ALADI notifies the Parties of having received such notification.

5. The General Secretariat of ALADI shall be the depository of this Agreement, of which it shall send duly authenticated copies to the Parties.

Article 24.8. Repeals and Transitional Provisions

1. The Parties agree to terminate ECA No. 65, including its annexes, appendices, protocols, and other instruments signed thereunder. This provision shall operate automatically once the procedure established in Article 24.7.3 has been completed.

2. Notwithstanding the previous paragraph, the requirements and certifications demanded in the exercise of the commercial exchange of the Parties, agreed in ACE N°65, shall be admitted until sixty (60) days after the entry into force of this Agreement.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement in two equally authentic copies.

DONE at Guayaquil and Santiago, on the thirteenth day of the month of August 2020.

FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE

ANDRES ALLAMAND

Minister of Foreign Affairs

FOR THE GOVERNMENT OF THE REPUBLIC OF ECUADOR

IVAN ONTANEDA

Minister of Production, Foreign Trade, Investment and Fishing

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  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relationship to other International Agreements 1
  • Article   1.3 General Definitions 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS 1
  • Article   2.1 National Treatment 1
  • Article   2.2 Elimination of Customs Duties 1
  • Article   2.3 Import Licensing 1
  • Article   2.4 Export Taxes 1
  • Article   2.5 Fees and other Charges 1
  • Article   2.6 Import and Export Restrictions 1
  • Article   2.7 Agricultural Export Subsidies 1
  • Article   2.8 Committee on Trade In Goods 1
  • Chapter   3 RULES OF ORIGIN 1
  • Section   A Rules of Origin 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating Goods 1
  • Article   3.3 Regional Content Value 2
  • Article   3.4 Non-Originating Transactions 2
  • Article   3.5 Cumulation 2
  • Article   3.6 De Minimis 2
  • Article   3.7 Accessories, Spare Parts and Tools 2
  • Article   3.8 Retail Containers and Packaging Materials 2
  • Article   3.9 Containers and Packing Materials for Shipment 2
  • Article   3.10 Indirect Materials 2
  • Article   3.11 Goods and Fungible Materials 2
  • Article   3.12 Sets 2
  • Article   3.13 Transit and Non-alteration of Goods 2
  • Article   3.14 Exhibitions 2
  • Section   B Origin Procedures 2
  • Article   3.15 Certification of Origin 2
  • Article   3.16 Billing by an Operator of a Non-Party 2
  • Article   3.17 Exceptions 2
  • Article   3.18 Obligations Relating to Imports 2
  • Article   3.19 Discrepancies and Formal Errors 2
  • Article   3.20 Duty Drawback 2
  • Article   3.21 Obligations Relating to Exports 2
  • Article   3.22 Record Keeping Requirements 2
  • Article   3.23 Procedures for Verification of Origin 2
  • Article   3.24 Penalties 2
  • Article   3.25 Confidentiality 3
  • Article   3.26 Consultations and Modifications 3
  • Article   3.27 Committee on Rules of Origin and Trade Facilitation 3
  • Chapter   4 TRADE FACILITATION 3
  • Article   4.1 General Provisions 3
  • Article   4.2 Objectives 3
  • Article   4.3 Procedures Related to Import, Export and Transit 3
  • Article   4.4 Transparency 3
  • Article   4.5 Advance Rulings 3
  • Article   4.6 Appeal or Review Procedures 3
  • Article   4.7 Sanctions 3
  • Article   4.8 Authorized Economic Operator 3
  • Article   4.9 Use and Exchange of Documents In Electronic Format 3
  • Article   4.10 Dispatch of Goods 3
  • Article   4.11 Risk Management 3
  • Article   4.12 Acceptance of Copies 3
  • Article   4.13 Foreign Trade Single Window 3
  • Article   4.14 Temporary Admission 3
  • Article   4.15 Automation 3
  • Article   4.17 Perishable Goods 3
  • Article   4.18 Cooperation 3
  • Article   4.19 Points of Contact 4
  • Article   4.20 Committee on Rules of Origin and Trade Facilitation 4
  • Article   4.21 Transitional Provision 4
  • Chapter   5 TRADE DEFENSE 4
  • Section   A Safeguarding Measures 4
  • Article   5.1 Definitions 4
  • Article   5.2 Transitional Safeguarding Measure 4
  • Article   5.3 Standards for a Transitional Safeguarding Measure 4
  • Article   5.4 Investigation Procedures and Transparency Requirements 4
  • Article   5.5 Notification and Consultation 4
  • Article   5.6 Compensation 4
  • Article   5.7 Global Safeguarding Measures 4
  • Section   B Antidumping and Countervailing Duties 4
  • Article   5.8 Antidumping and Countervailing Duties 4
  • Chapter   6 GOOD REGULATORY PRACTICES 4
  • Article   6.1 Definitions 4
  • Article   6.2 General Objective 4
  • Article   6.3 Scope of Application 4
  • Article   6.4 General Provisions 4
  • Article   6.5 Establishment of Coordination Processes or Mechanisms 4
  • Article   6.6 Implementation of Good Regulatory Practice 4
  • Article   6.7 Cooperation 4
  • Article   6.8 Chapter Administration 4
  • Article   6.9 Implementation Reporting 4
  • Article   6.10 Relation to other Chapters 4
  • Article   6.11 Non-Application of Dispute Resolution 4
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   7.1 General Provisions 4
  • Article   7.2 Objectives 4
  • Article   7.3 Scope of Application 5
  • Article   7.4 Establishment of Import Requirements 5
  • Article   7.5 Equivalence 5
  • Article   7.6 Risk Analysis 5
  • Article   7.7 Recognition of Sanitary and Phytosanitary Status 5
  • Article   7.8 Control, Inspection and Approval Procedures 5
  • Article   7.9 Audit Systems 5
  • Article   7.10 Transparency and Exchange of Information 5
  • Article   7.11 Technical Cooperation 5
  • Article   7.12 Committee on Sanitary and Phytosanitary Measures 5
  • Article   7.13 Consultation Mechanism 5
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 5
  • Article   8.1 General Provisions 5
  • Article   8.2 Objective 5
  • Article   8.3 Scope of Application 5
  • Article   8.4 Regulatory Cooperation Mechanisms 5
  • Article   8.5 Technical Regulations 5
  • Article   8.6 Standards 5
  • Article   8.7 Conformity Assessment 5
  • Article   8.8 Transparency 5
  • Article   8.9 Technical Cooperation 5
  • Article   8.10 Committee on Technical Barriers to Trade 5
  • Article   8.11 Consultations on Specific Trade Concerns 5
  • Chapter   9 TRADE IN SERVICES 6
  • Article   9.1 Definitions 6
  • Article   9.2 Scope of Application 6
  • Article   9.3 National Treatment 6
  • Article   9.4 Market Access 6
  • Article   9.5 Additional Commitments 6
  • Article   9.6 List of Specific Commitments 6
  • Article   9.7 Transparency 6
  • Article   9.8 National Regulations 6
  • Article   9.9 Mutual Recognition 6
  • Article   9.10 Cooperation and Mutual Assistance In the Field of Services 6
  • Article   9.11 Denial of Benefits 6
  • Chapter   10 ELECTRONIC COMMERCE 6
  • Article   10.1 Definitions 6
  • Article   10.2 Scope of Application and General Provisions 6
  • Article   10.3 Customs Duties 7
  • Article   10.4 Non-Discriminatory Treatment of Digital Products 7
  • Article   10.5 Legal Framework for Electronic Transactions 7
  • Article   10.6 Authentication and Electronic Signature 7
  • Article   10.7 Consumer Protection Online 7
  • Article   10.8 Protection of Personal Information 7
  • Article   10.9 Paperless Trade Administration 7
  • Article   10.10 Principles on Access to and Use of the Internet for Electronic Commerce 7
  • Article   10.11 Cross-Border Transfer of Information by Electronic Means 7
  • Article   10.12 Computer Facilities 7
  • Article   10.13 Unsolicited Electronic Commercial Communications 7
  • Article   10.14 Cooperation 7
  • Article   10.15 Cooperation on Cybersecurity Matters 7
  • Article   10.16 Relationship to other Chapters 7
  • Chapter   11 TELECOMMUNICATIONS  (1) 7
  • Article   11.1 Definitions 7
  • Article   11.2 Scope of Application 7
  • Article   11 Access to and Use of Public Telecommunication Networks and Services 7
  • Article   11.4 Use of Telecommunication Networks In Emergency Situations 7
  • Article   11.5 Interconnection between Public Telecommunications Service Providers 7
  • Article   11.6 Shared Internet Interconnection Charges 8
  • Article   11.7 Portability 8
  • Article   11.8 Damaged, Stolen or Lost Mobile Terminal Equipment 8
  • Article   11.9 Internet Traffic 8
  • Article   11.10 Universal Service 8
  • Article   11.11 Net Neutrality 8
  • Article   11.12 Competitive Safeguards 8
  • Article   11.13 Treatment of Significant Suppliers 8
  • Article   11.14 Disaggregation of Network Elements 8
  • Article   11.15 Supply and Pricing of Leased Circuits 8
  • Article   11.16 Co-location 8
  • Article   11.17 Access to Poles, Ducts, Pipelines and Rights of Way 8
  • Article   11.18 Independent Regulatory Bodies 8
  • Article   11.19 Mutual and Technical Cooperation 8
  • Article   11.20 Qualifying Titles 8
  • Article   11.21 Allocation, Allocation and Use of Scarce Resources 8
  • Article   11.22 Transparency 8
  • Article   11.23 Quality of Service 8
  • Article   11.24 International Roaming 8
  • Article   11.25 Flexibility In the Choice of Technologies 8
  • Article   11.26 Protection of Users of Public Telecommunication Services 8
  • Article   11.27 Settlement of Telecommunication Disputes 8
  • Article   11.28 Relationship to other Chapters 8
  • Chapter   12 PUBLIC PROCUREMENT 8
  • Article   12.1 Definitions 8
  • Article   12.2 Scope of Application and Coverage 9
  • Article   12.3 General and Safety-Related Exceptions 9
  • Article   12 National Treatment and Non-Discrimination 9
  • Article   12.5 Use of Electronic Media 9
  • Article   12.5 Rules of Origin 9
  • Article   12.6 Denial of Benefits 9
  • Article   12.7 Special Compensatory Conditions 9
  • Article   12.8 Publication of Procurement Measures 9
  • Article   12.9 Valuation 9
  • Article   12 Notices 9
  • Article   12.11 Conditions of Participation 9
  • Article   12.12 Multiple-Use Lists 9
  • Article   12.13 Procurement Documents 9
  • Article   12.14 Technical Specifications 9
  • Article   12.15 Time Limits 9
  • Article   12.16 Direct Contracting 9
  • Article   12.17 Treatment of Offers 10
  • Article   12.18 Award of Contracts 10
  • Article   12.20 Disclosure of Information 10
  • Article   12.21 Challenge Procedures 10
  • Article   12.22 Cooperation 10
  • Article   12.23 Facilitation of the Participation of Micro, Small and Medium-sized Enterprises and of the Actors of the Popular and Solidarity Economy 10
  • Article   12.24 Public Procurement Committee 10
  • Article   12 Modifications and Amendments to Cover 10
  • Article   12.26 Future Negotiations 10
  • Chapter   13 COMPETITION POLICY 10
  • Article   13.1 Definitions 10
  • Article   13.2 Objectives 10
  • Article   13.3 Competition Law and Authorities and Anti-Competitive Business Practices 10
  • Article   13.4 Procedural Fairness In the Application of the Competition Act 10
  • Article   13.5 Cooperation 10
  • Article   13.6 Technical Cooperation 10
  • Article   13.7 Transparency 10
  • Article   13.8 Consultations 10
  • Article   13.9 Non-Application of Dispute Settlement 10
  • Chapter   14 MICRO, SMALL AND MEDIUM ENTERPRISES 11
  • Article   14.1 General Principles 11
  • Article   14.2 Exchange of Information 11
  • Article   14.3 Points of Contact 11
  • Article   14.4 Dialogue on MSMEs 11
  • Article   14.5 Non-Application of Dispute Resolution 11
  • Chapter   15 REGIONAL AND GLOBAL VALUE CHAINS 11
  • Article   15.1 General Provisions 11
  • Article   15.2 Cooperative Activities 11
  • Article   15.3 Committee on Regional and Global Value Chains 11
  • Article   15.4 Points of Contact 11
  • Article   15.5 Dialogue on Regional and Global Value Chains 11
  • Article   15.6 Non-Application of Dispute Settlement 11
  • Chapter   16 TRADE AND LABOUR AFFAIRS 11
  • Article   16.1 Definitions 11
  • Article   16.2 Objectives 11
  • Article   16.3 Shared Commitments 11
  • Article   16.4 Employment Rights 11
  • Article   16.5 Non Repeal 11
  • Article   16.6 Enforcement of Labour Legislation 11
  • Article   16.7 Forced or Compulsory Labour 11
  • Article   16.8 Responsible Business Conduct 12
  • Article   16.9 Cooperation 12
  • Article   16.10 Public Awareness and Procedural Safeguards 12
  • Article   16.11 Public Communications 12
  • Article   16.12 Public Participation 12
  • Article   16.13 Institutional Provisions 12
  • Article   16.14 Labor Consultations 12
  • Article   16.15 Consultations In the Framework of the Works Council 12
  • Article   16.16 Ministerial Consultations 12
  • Article   16.17 Termination of Consultations 12
  • Article   16.18 Non-Application of Dispute Resolution 12
  • Chapter   17 TRADE AND THE ENVIRONMENT 12
  • Article   17.1 Definitions 12
  • Article   17.2 Context and Objectives 12
  • Article   17.3 General Commitments 12
  • Article   17.4 Multilateral Environmental Agreements 12
  • Article   17.5 Procedural Matters 12
  • Article   17.6 Public Communications 12
  • Article   17.7 Public Participation 12
  • Article   17.8 Responsible Business Conduct 12
  • Article   17.9 Voluntary Mechanisms to Improve Environmental Performance 12
  • Article   17.10 Trade and Biodiversity 12
  • Article   17.11 Indigenous Peoples and Local Communities 13
  • Article   17.12 Invasive Alien Species 13
  • Article   17.13 Sustainable Forest Management and Associated Trade 13
  • Article   17.14 Sustainable Agriculture 13
  • Article   17.15 Marine Capture Fisheries  (4) 13
  • Article   17.16 Trade and Wildlife 13
  • Article   17.17 Trade and Climate Change 13
  • Article   17.18 Cooperation 13
  • Article   17.19 Institutional Arrangements 13
  • Article   17.20 Trade and Environment Consultations 13
  • Article   17.21 Consultations In the Framework of the Committee on Trade and Environment 13
  • Article   17.22 Ministerial Consultations 13
  • Article   17.23 Termination of Consultations 13
  • Article   17.24 Non-Application of Dispute Resolution 13
  • Chapter   18 TRADE AND GENDER 13
  • Article   18.1 General Provisions 13
  • Article   18.2 Shared Commitments 13
  • Article   18.3 International Agreements 13
  • Article   18.4 Cooperative Activities 13
  • Article   18.5 Trade and Gender Committee 13
  • Article   18.6 Public Participation 14
  • Article   18.7 Institutional Arrangements 14
  • Article   18.8 Trade and Gender Consultations 14
  • Article   18.9 Non-Application of Dispute Settlement 14
  • Chapter   19 ECONOMIC AND TRADE COOPERATION 14
  • Article   19.1 Objectives 14
  • Article   19.2 Scope of Application 14
  • Article   19.3 Areas of Cooperation 14
  • Article   19.4 Cooperative Activities 14
  • Article   19.5 Cooperation In the Field of Micro, Small and Medium-Sized Enterprises 14
  • Article   19.6 Implementation and Monitoring 14
  • Article   19.7 Appeals 14
  • Article   19.8 Non-Application of Dispute Resolution 14
  • Chapter   20 TRANSPARENCY AND ANTI- CORRUPTION 14
  • Section   A Definitions 14
  • Article   20.1 Definitions 14
  • Section   B Transparency 14
  • Article   20.2 Points of Contact 14
  • Article   20.3 Publication 14
  • Article   20.4 Notification and Provision of Information 14
  • Article   20.5 Administrative Procedures 14
  • Article   20.6 Review and Challenge 14
  • Section   C Anti-corruption 14
  • Article   20.7 Scope of Application 14
  • Article   20.8 Measures to Combat Corruption 14
  • Article   20.9 Promotion of Integrity of Public Officials 15
  • Article   20.10 Implementation and Enforcement of Anti-Corruption Laws 15
  • Article   20.11 Participation of the Private Sector and Society 15
  • Article   20.12 Settlement of Disputes 15
  • Section   D Final Provisions 15
  • Article   20.13 Relation to other International Agreements 15
  • Article   20.14 Relationship to other Chapters of this Agreement 15
  • Article   20.15 Relationship to the Legal System of the Parties 15
  • Annex 20.1  Contact Points 15
  • Chapter   21 ADMINISTRATION OF THE AGREEMENT 15
  • Article   21.1 Economic and Trade Commission 15
  • Article   21.2 Powers 15
  • Article   21.3 Agreement Coordinators 15
  • Article   21.4 Committee on Rules of Origin and Trade Facilitation 15
  • Annex 21.1  The Commission 15
  • Annex 21.2  Commission Rules and Procedures Composition of Delegations 15
  • Chapter   22 DISPUTE RESOLUTION 15
  • Article   22.1 General Provisions 15
  • Article   22.2 Scope of Application 15
  • Article   22.3 Forum Option 15
  • Article   22.4 Consultations 15
  • Article   22.5 Alternative Means of Dispute Resolution 16
  • Article   22.6 Establishment of an Arbitral Tribunal 16
  • Article   22.7 Composition of the Arbitral Tribunal 16
  • Article   22.8 Role of the Arbitral Tribunal 16
  • Article   22.9 Terms of Reference of the Arbitral Tribunal 16
  • Article   22.10 Rules of Procedure of the Arbitral Tribunal 16
  • Article   22.11 Suspension or Termination of the Proceeding 16
  • Article   22.12 Preliminary Report 16
  • Article   22.13 Final Report 16
  • Article   22.14 Implementation of the Final Report 16
  • Article   22.15 Compensation and Suspension of Benefits 16
  • Article   22.16 Review of Compliance and Suspension of Benefits 16
  • Article   22.17 Emergency Cases 16
  • Annex 22.1  Rules of Procedure of Arbitral Tribunals 16
  • Annex 22.2  Code of Conduct for Arbitral Dispute Resolution 17
  • Appendix  AFFIDAVIT OF CONFIDENTIALITY AND COMPLIANCE WITH THE CODE OF CONDUCT 18
  • Chapter   23 GENERAL EXCEPTIONS 18
  • Article   23.1 General Exceptions 18
  • Article   23.2 Essential Security 18
  • Article   23.3 Disclosure of Information 18
  • Article   23.4 Balance of Payments 18
  • Article   23.5 Taxation Measures 18
  • Chapter   24 FINAL PROVISIONS 18
  • Article   24.1 Annexes, Appendices and Footnotes 18
  • Article   24.2 Amendments and Additions 18
  • Article   24.3 Amendments to Incorporated or Referred Agreements 18
  • Article   24.4 Accession 18
  • Article   24.5 Convergence 18
  • Article   24.6 General Review and Future Negotiations 18
  • Article   24.7 Entry Into Force and Denunciation 18
  • Article   24.8 Repeals and Transitional Provisions 18