Chile - EU Interim Agreement (2023)
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Article 18.2. Definitions

For the purposes of this Chapter and Annex 18:

(a) "cross-border financial service supplier of a Party" means a person of a Party that is engaged in the business of supplying a financial service within the territory of the Party and that seeks to supply, or supplies, a financial service through the cross-border supply of such service;

(b) "cross-border supply of financial services" or "cross-border trade in financial services" means the supply of a financial service:

(i) from the territory of a Party into the territory of the other Party; or

(ii) in the territory of a Party by a person of that Party to a services consumer of the other Party;

(c) "financial institution" means a supplier of one or more financial services which is regulated or supervised in respect of the supply of those services as a financial institution under the law of the Party in whose territory it is located, including a branch in the territory of the Party of that financial service supplier whose head offices are located in the territory of the other Party;

(d) "financial service" means a service of a financial nature, including insurance and insurance- related services, banking and other financial services (excluding insurance). Financial services include the following activities:

(i) insurance and insurance-related services:

(A) direct insurance (including co-insurance):

(1) life; and

(2) non-life;

(B) reinsurance and retrocession;

(C) insurance inter-mediation, such as brokerage and agency; and

(D) services auxiliary to insurance, such as consultancy, actuarial, risk-assessment and claim-settlement services; and

(ii) banking and other financial services (excluding insurance):

(A) acceptance of deposits and other repayable funds from the public;

(B) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;

(C) financial leasing;

(D) all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

(E) guarantees and commitments;

(F) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(1) money market instruments (including cheques, bills, certificates of deposits);

(2) foreign exchange;

(3) derivative products including futures and options;

(4) exchange rate and interest rate instruments, including products such as swaps and forward rate agreements;

(5) transferable securities; or

(6) other negotiable instruments and financial assets, including bullion;

(G) participation in issues of all kinds of securities, including underwriting and placement as agent, whether publicly or privately, and provision of services related to such issues;

(H) money broking;

(I) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, and custodial, depository and trust services;

(J) settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments;

(K) provision and transfer of financial information, and financial data processing and related software; and

(L) advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (A) to (K), including credit reference and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy;

(e) "financial service supplier of a Party" means a natural or juridical person of a Party that seeks to supply, or supplies, a financial service, but does not include a public entity;

(f) "investor of a Party" means a natural or juridical person of a Party that seeks to establish, is establishing or has established a financial institution in the territory of the other Party;

(g) "juridical person of a Party" means:

(i) for the European Union: a juridical person constituted or organised under the law of the European Union or of at least one of its Member States and engaged in substantive business operations1 in the territory of the European Union; and

(ii) for Chile: a juridical person constituted or organised under the law of Chile and engaged in substantive business operations in the territory of Chile;

(h) "new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, which is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party;

(i) "public entity" means:

(i) a government, a central bank or a monetary authority of a Party, or any entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, but does not include an entity principally engaged in supplying financial services on commercial terms; or

(ii) a private entity that performs functions normally performed by a central bank or monetary authority, when exercising those functions; and

1 In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the European Union understands that the concept of "effective and continuous link" with the economy of a Member State enshrined in Article 54 of the TFEU is equivalent to the concept of "substantive business operations".

(j) "self-regulatory organisation" means a non-governmental body, including a securities or futures exchange or market, clearing agency or other organisation or association, that exercises regulatory or supervisory authority over financial service suppliers or financial institutions by statute or delegation from central, regional or local governments or authorities, where applicable.

Article 18.3. National Treatment

1. Each Party shall accord to investors in financial institutions of the other Party and to covered enterprises that are financial institutions, with respect to the establishment, treatment no less favourable than the treatment it accords, in like situations (1), to its own investors in financial institutions and to their enterprises that are financial institutions.

(1) For greater certainty, whether treatment is accorded in "like situations" requires a case-by-case, fact-based analysis and depends on the totality of the situations.

2. Each Party shall accord to investors in financial institutions of the other Party and to covered enterprises that are financial institutions, with respect to the operation, treatment no less favourable than the treatment it accords, in like situations (2), to its own investors in financial institutions and to their enterprises that are financial institutions.

(2) For greater certainty, whether treatment is accorded in "like situations" requires a case-by-case, fact-based analysis and depends on the totality of the situations.

3. The treatment accorded by a Party under paragraphs 1 and 2 means:

(a) with respect to a regional or local government of Chile, treatment no less favourable than the most favourable treatment accorded, in like situations, by that level of government to investors in financial institutions of Chile and to their enterprises that are financial institutions in its territory;

(b) with respect to a government of, or in, a Member State, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to investors in financial institutions of that Member State and to their enterprises that are financial institutions in its territory (1).

(1) For greater certainty, the treatment accorded by a government of, or in, a Member State includes the regional and local level of government, when applicable.

Article 18.4. Public Procurement

1. Each Party shall ensure that financial institutions of the other Party established in its territory are accorded treatment no less favourable than that accorded, in like situations, to its own financial institutions with respect to any measure regarding the purchase of goods or services by a procuring entity for governmental purposes.

2. The application of the national treatment obligation provided for in this Article remains subject to security and general exceptions as set out in Article 21.3.

Article 18.5. Most-favoured-nation Treatment

1. Each Party shall accord to investors in financial institutions of the other Party and to covered enterprises that are financial institutions, with respect to the establishment, treatment no less favourable than the treatment it accords, in like situations (1), to investors in financial institutions of a third country and to their enterprises that are financial institutions.

(1) For greater certainty, whether treatment is accorded in "like situations" requires a case-by-case, fact-based analysis and depends on the totality of the situations.

2. Each Party shall accord to investors in financial institutions of the other Party and to covered enterprises that are financial institutions with respect to the operation, treatment no less favourable than the treatment it accords, in like situations (2), to investors in financial institutions of a third country and to their enterprises that are financial institutions.

(2) For greater certainty, whether treatment is accorded in "like situations" requires a case-by-case, fact-based analysis and depends on the totality of the situations.

3. Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to investors in financial institutions of the other Party or to covered enterprises that are financial institutions the benefit of any treatment resulting from measures providing for the recognition of standards, including of the standards or criteria for the authorisation, licensing or certification of a natural person or an enterprise for carrying out an economic activity, or of prudential measures.

4. For greater certainty, the treatment referred to in paragraphs 1 and 2 does not include investment dispute resolution procedures or mechanisms provided for in other international investment treaties or trade agreements. The substantive provisions in other international investment treaties or trade agreements do not in themselves constitute "treatment" as referred to in paragraphs 1 and 2, and thus cannot give rise to a breach of this Article, absent measures adopted or maintained by a Party. Measures of a Party applied pursuant to such substantive provisions may constitute "treatment" under this Article and thus give rise to a breach of this Article.

Article 18.6. Market Access

1. In the sectors or subsectors listed in Sections B of Appendices 18-1 and 18-2 where market access commitments are undertaken, a Party shall not adopt or maintain, with respect to market access through the establishment or operation of financial institutions by investors of the other Party, either on the basis of its entire territory or on the basis of a territorial subdivision, a measure that:

(a) limits the number of financial institutions, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(b) limits the total value of financial service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limits the total number of financial service operations or the total quantity of financial services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;

(d) limits the total number of natural persons that may be employed in a particular financial services sector or that a financial institution may employ and who are necessary for, and directly related to, the supply of a specific financial service, in the form of numerical quotas or the requirement of an economic needs test; or

(e) restricts or requires specific types of legal entity or joint venture through which a financial institution may supply a service.

2. For greater certainty, this Article does not prevent a Party from requiring a financial institution to supply certain financial services through separate legal entities if, under the law of that Party, the range of financial services supplied by the financial institution cannot be supplied through a single entity.

Article 18.7. Cross-border Supply of Financial Services

1. Articles 11.4, 11.5, 11.6 and 11.7 are incorporated into and made part of this Chapter, and apply to measures affecting cross-border financial service suppliers supplying the financial services set out in Section A of Appendices 18-1 and 18-2.

2. A Party shall permit persons located in its territory, and its natural persons wherever located, to purchase financial services from cross-border financial service suppliers of the other Party located in the territory of the other Party. This obligation does not require a Party to permit those suppliers to do business or solicit in its territory. A Party may define "do business" and "solicit" for the purposes of this obligation, provided that those definitions are not inconsistent with paragraph 1 of this Article.

3. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration or authorisation of cross-border financial service suppliers of the other Party and of financial instruments.

Article 18.8. Senior Management and Boards of Directors

A Party shall not require that a financial institution of the other Party, which is established in its territory, appoints natural persons of a particular nationality as members of boards of directors or to a senior management position, such as executives or managers.

Article 18.9. Performance Requirements

1. A Party shall not, in connection with the establishment or operation of a financial institution of a Party or of a third country in its territory, impose or enforce any requirement or enforce any commitment or undertaking to:

(a) export a given level or percentage of goods or services;

(b) achieve a given level or percentage of domestic content;

(c) purchase, use or accord a preference to goods produced or services provided in its territory, or purchase goods or services from natural persons or enterprises in its territory;

(d) relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such financial institution;

(e) restrict sales of goods or services in its territory that such financial institution produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;

(f) transfer technology, a production process or other proprietary knowledge to a natural person or an enterprise in its territory;

(g) supply exclusively from the territory of the Party the goods it produces or the services it supplies to a specific regional or world market;

(h) locate the headquarters of that financial institution for a specific region of the world, which is broader than the territory of the Party, or the world market in its territory;

(i) hire a given number or percentage of its nationals; or

(j) restrict the exportation or sale for export.

2. A Party shall not condition the receipt or continued receipt of an advantage, in connection with the establishment or operation of a financial institution of a Party or of a third country in its territory, on compliance with any of the following requirements:

(a) to achieve a given level or percentage of domestic content;

(b) to purchase, use or accord a preference to goods produced or services provided in its territory, or purchase goods or services from natural persons or enterprises in its territory;

(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such financial institution;

(d) to restrict sales of goods or services in its territory that such financial institution produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; or

(e) to restrict the exportation or sale for export.

3. Paragraph 2 shall not be construed as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with the establishment or the operation of financial institutions in its territory by an investor of a Party or a third country, on compliance with a requirement to locate production, provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.

4. Subparagraph (f) of paragraph 1 does not apply if:

(a) a Party authorises the use of an intellectual property right in accordance with Article 31 or 31bis of the TRIPS Agreement or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement; or

(b) the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority in order to remedy a practice determined after judicial or administrative process to be a violation of the competition laws of the Party.

5. Subparagraphs (a), (b) and (c) of paragraph 1 and subparagraphs (a) and (b) of paragraph 2 do not apply to qualification requirements for goods or services with respect to participation in export promotion and foreign aid programmes.

6. Subparagraphs (a) and (b) of paragraph 2 do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.

7. For greater certainty, this Article shall not be construed as requiring a Party to permit a particular service to be supplied on a cross-border basis where that Party adopts or maintains restrictions or prohibitions on such provision of services which are consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity listed in Annex 18.

8. This Article is without prejudice to commitments of a Party made under the WTO Agreement.

Article 18.10. Non-conforming Measures

1. Articles 18.3, 18.5, 18.7, 18.8 and 18.9 do not apply to:

(a) any existing non-conforming measure that is maintained by:

(i) for the European Union:

(A) the European Union, as set out in Section C of Appendix 18-1;

(B) the central government of a Member State, as set out in Section C of Appendix 18-1;

(C) a regional level of government of a Member State, as set out in Section C of Appendix 18-1; or

(D) a local level of government; and

(ii) for Chile:

(A) the central government, as set out in Section C of Appendix 18-2;

(B) a regional level of government, as set out in Section C of Appendix 18-2; or

(C) a local level of government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a) of this paragraph; or

(c) a modification to any non-conforming measure referred to in subparagraph (a) of this paragraph to the extent that the modification does not decrease the conformity of the measure, as it existed immediately before the modification, with Articles 18.3, 18.5, 18.7, 18.8 or 18.9.

2. Articles 18.3, 18.5, 18.7, 18.8 and 18.9 do not apply to any measure of a Party with respect to sectors, subsectors or activities, as set out by that Party in Section D of Appendices 18-1 and 18-2, respectively.

3. A Party shall not, under any measure adopted after the date of entry into force of this Agreement and covered by Section D of Appendix 18-1 or 18-2, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of its financial institution existing at the time the measure becomes effective.

4. Article 18.6 does not apply to any measure of a Party with respect to sectors, subsectors or activities as set out by that Party in Section B of Appendix 18-1 or 18-2.

5. Where a Party has set out a reservation to Articles 10.6, 10.8, 10.9, 10.10, 11.4 or 11.5 in Annex 10-A or 10-B, that reservation also constitutes a reservation to Articles 18.3, 18.5, 18.7, 18.8 or 18.9, as the case may be, to the extent that the measure, sector, sub-sector or activity set out in the reservation is covered by this Chapter.

Article 18.11. Prudential Carve-out

1. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for prudential reasons, such as:

(a) for the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier; or

(b) to ensure the integrity and stability of the financial system of a Party.

2. Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of avoiding the commitments or obligations of the Party under this Agreement.

Article 18.12. Treatment of Information

Nothing in this Agreement shall be construed as requiring a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.

Article 18.13. Domestic Regulation and Transparency

1. Chapter 13, with the exception of subparagraphs (c) to (f) of Article 13.1(5), and Chapter 29 do not apply to measures of a Party within the scope of this Chapter.

2. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall:

(a) publish in advance:

(i) the laws and regulations of general application it proposes to adopt in relation to matters falling within the scope of this Chapter; or

(ii) documents that provide sufficient details about such possible new laws and regulations to allow interested persons and the other Party to assess whether and how their interests might be significantly affected;

(b) provide interested persons and the other Party a reasonable opportunity to submit comments on any proposed laws and regulations or documents published pursuant to subparagraph (a);

(c) consider any comments submitted in accordance with subparagraph (b); and

(d) allow a reasonable time between the publication of any laws and regulations pursuant to subparagraph (a)(i) and the date on which financial service suppliers must comply with them.

3. This Article applies to measures of a Party relating to licensing requirements and procedures and qualification requirements and procedures, and applies only in sectors for which the Party has undertaken specific commitments under this Chapter, and to the extent that those specific commitments apply.

4. If a Party adopts or maintains measures relating to the authorisation for the supply of a financial service, it shall ensure that:

(a) those measures are based on objective and transparent criteria (1);

(b) the authorisation procedures are impartial, and adequate for applicants to demonstrate whether they meet the requirements, if such requirements exist; and

(c) the authorisation procedures do not in themselves unjustifiably prevent fulfilment of the requirements.

(1) Such criteria may include, inter alia, competence and the ability to supply a service, including the ability to do so in a manner consistent with the regulatory requirements of a Party. Competent authorities may assess the weight to be given to each criterion.

5. If a Party requires authorisation (1) for the supply of a financial service, it shall promptly publish or otherwise make publicly available the information necessary for the applicant to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation. Such information shall include, inter alia, where available:

(1) For the purposes of this Chapter, "authorisation" means the permission to supply a financial service, resulting from a procedure to which an applicant must adhere in order to demonstrate compliance with licensing requirements or qualification requirements.

(a) the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation;

(b) contact information of relevant competent authorities;

(c) procedures for appeal or review of decisions concerning applications;

(d) procedures for monitoring or enforcing compliance with the terms and conditions of licences and qualifications; and

  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Definitions of General Application 1
  • Article   1.4 Relation to the WTO Agreement and other Existing Agreements 1
  • Article   1.5 References to Laws and other Agreements 1
  • Article   1.6 Fulfilment of Obligations 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Reduction or Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Export Duties, Taxes and other Charges 1
  • Article   2.8 Fees and Formalities 1
  • Article   2.9 Repaired Goods 1
  • Article   2.10 Remanufactured Goods 1
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Origin Marking 2
  • Article   2.13 Import Licensing Procedures 2
  • Article   2.14 Export Licensing Procedures 2
  • Article   2.15 Customs Valuation 2
  • Article   2.16 Preference Utilisation 2
  • Article   2.17 Specific Measures Concerning the Management of Preferential Treatment 2
  • Article   2.18 Sub-Committee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Article   3.2 General Requirements 2
  • Article   3.3 Cumulation of Origin 2
  • Article   3.4 Wholly Obtained Products 2
  • Article   3.5 Tolerances 2
  • Article   3.6 Insufficient Working or Processing 2
  • Article   3.7 Unit of Qualification 2
  • Article   3.8 Accessories, Spare Parts and Tools 2
  • Article   3.9 Sets 2
  • Article   3.10 Neutral Elements 2
  • Article   3.11 Packaging and Packing Materials and Containers 3
  • Article   3.12 Accounting Segregation for Fungible Materials 3
  • Article   3.13 Returned Products 3
  • Article   3.14 Non-alteration 3
  • Article   3.15 Exhibitions 3
  • Section   B ORIGIN PROCEDURES 3
  • Article   3.16 Claim for Preferential Tariff Treatment 3
  • Article   3.17 Statement on Origin 3
  • Article   3.18 Minor Discrepancies and Minor Errors 3
  • Article   3.19 Importer's Knowledge 3
  • Article   3.20 Record-keeping Requirements 3
  • Article   3.21 Exemptions from the Requirements Regarding Statements on Origin 3
  • Article   3.22 Verification 3
  • Article   3.23 Administrative Cooperation 3
  • Article   3.24 Mutual Assistance In the Fight Against Fraud 3
  • Article   3.25 Denial of Claims for Preferential Tariff Treatment 3
  • Article   3.26 Confidentiality 3
  • Article   3.27 Refunds and Claims for Preferential Tariff Treatment after Importation 3
  • Article   3.28 Administrative Measures and Sanctions 3
  • Section   C FINAL PROVISIONS 3
  • Article   3.29 Ceuta and Melilla 3
  • Article   3.30 Amendments 3
  • Article   3.31 Sub-Committee on Customs, Trade Facilitation and Rules of Origin 3
  • Article   3.32 Products In Transit or Storage 4
  • Article   3.33 Explanatory Notes 4
  • Chapter   4 CUSTOMS AND TRADE FACILITATION 4
  • Article   4.1 Objectives 4
  • Article   4.2 Definitions 4
  • Article   4.3 Customs Cooperation 4
  • Article   4.4 Mutual Administrative Assistance 4
  • Article   4.5 Customs Laws, Regulations and Procedures 4
  • Article   4.6 Release of Goods 4
  • Article   4.7 Simplified Customs Procedures 4
  • Article   4.8 Authorised Economic Operators 4
  • Article   4.9 Data and Documentation Requirements 4
  • Article   4.10 Use of Information Technologies and Electronic Payment 4
  • Article   4.11 Risk Management 4
  • Article   4.12 Post-clearance Audit 4
  • Article   4.13 Transparency 4
  • Article   4.14 Advance Rulings 4
  • Article   4.15 Transit and Transhipment 4
  • Article   4.16 Customs Brokers 4
  • Article   4.17 Pre-shipment Inspections 4
  • Article   4.18 Appeals 4
  • Article   4.19 Penalties 5
  • Article   4.20 Sub-Committee on Customs, Trade Facilitation and Rules of Origin 5
  • Article   4.21 Temporary Admission 5
  • Article   4.22 Repaired Goods 5
  • Article   4.23 Fees and Formalities 5
  • Chapter   5 TRADE REMEDIES 5
  • Section   A ANTI-DUMPING AND COUNTERVAILING DUTIES 5
  • Article   5.1 General Provisions 5
  • Article   5.2 Transparency 5
  • Article   5.3 Consideration of Public Interest 5
  • Article   5.4 Lesser Duty Rule 5
  • Article   5.5 Non-application of Dispute Settlement 5
  • Section   B GLOBAL SAFEGUARD MEASURES 5
  • Article   5.6 General Provisions 5
  • Article   5.7 Transparency and Imposition of Definitive Measures 5
  • Article   5.8 Non-application of Dispute Settlement 5
  • Section   C BILATERAL SAFEGUARD MEASURES 5
  • Subsection   1 GENERAL PROVISIONS 5
  • Article   5.9 Definitions 5
  • Article   5.10 Application of a Bilateral Safeguard Measure 5
  • Article   5.11 Standards for Bilateral Safeguard Measures 5
  • Article   5.12 Provisional Bilateral Safeguard Measures 5
  • Article   5.13 Compensation and Suspension of Concessions 5
  • Article   5.14 Time Lapse between Two Bilateral Safeguard Measures and Non-parallel Application of Safeguard Measures 5
  • Article   5.15 Outermost Regions of the European Union (1) 5
  • Subsection   2 PROCEDURAL RULES APPLICABLE TO BILATERAL SAFEGUARD MEASURES 5
  • Article   5.16 Applicable Law 5
  • Article   5.17 Initiation of a Safeguard Procedure 5
  • Article   5.18 Investigation 5
  • Article   5.19 Confidential Information 6
  • Article   5.20 Hearings 6
  • Article   5.21 Notifications, Examination In the Trade Committee and Publications 6
  • Article   5.22 Acceptance of Documents In English In Safeguard Procedures 6
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 6
  • Article   6.1 Objectives 6
  • Article   6.2 Multilateral Obligations 6
  • Article   6.3 Scope 6
  • Article   6.4 Definitions 6
  • Article   6.5 Competent Authorities 6
  • Article   6.6 Recognition of Status In Respect of Animal Diseases and Infections In Animals, and In Respect of Pests 6
  • Article   6.7 Recognition of Regionalisation Decisions In Respect of Animal Diseases and Infections In Animals and of Pests 6
  • Article   6.8 Recognition of Equivalence 6
  • Article   6.9 Transparency and Trade Conditions 6
  • Article   6.10 Certification Procedures 6
  • Article   6.11 Verification 6
  • Article   6.12 Import Checks and Inspection Fees 6
  • Article   6.13 Information Exchange 6
  • Article   6.14 Notification and Consultations 6
  • Article   6.15 Safeguard Clause 6
  • Article   6.16 Sub-Committee on Sanitary and Phytosanitary Measures 6
  • Article   6.17 Cooperation In Multilateral Fora 6
  • Article   6.18 Cooperation on Food Safety, Animal Health and Plant Protection Science 6
  • Article   6.19 Territorial Application for the European Union 6
  • Chapter   7 COOPERATION ON SUSTAINABLE FOOD SYSTEMS 6
  • Article   7.1 Objective 6
  • Article   7.2 Scope 7
  • Article   7.3 Definitions 7
  • Article   7.4 Sustainability of the Food Chain and Reduction In Food Loss and Waste 7
  • Article   7.5 Fight Against Fraud In the Food Chain 7
  • Article   7.6 Animal Welfare 7
  • Article   7.7 Fight Against Antimicrobial Resistance 7
  • Article   7.8 Sub-Committee on Sustainable Food Systems 7
  • Article   7.9 Cooperation In Multilateral Fora 7
  • Article   7.10 Additional Provisions 7
  • Chapter   8 ENERGY AND RAW MATERIALS 7
  • Article   8.1 Objective 7
  • Article   8.2 Principles 7
  • Article   8.3 Definitions 7
  • Article   8.4 Import and Export Monopolies 7
  • Article   8.5 Export Pricing (2) 7
  • Article   8.6 Domestic Regulated Prices 7
  • Article   8.7 Authorisation for Exploration and Production of Energy Goods and Raw Materials 7
  • Article   8.8 Assessment of Environmental Impact 7
  • Article   8.9 Third-party Access to Energy Transport Infrastructure 7
  • Article   8.10 Access to Infrastructure for Suppliers of Electricity Produced from Renewable Energy Sources 7
  • Article   8.11 Independent Body 7
  • Article   8.12 Cooperation on Standards 7
  • Article   8.13 Research, Development and Innovation 7
  • Article   8.14 Cooperation on Energy and Raw Materials 7
  • Article   8.15 Energy Transition and Renewable Fuels 8
  • Article   8.16 Exception for Small and Isolated Electricity Systems 8
  • Article   8.17 Sub-Committee on Trade In Goods 8
  • Chapter   9 TECHNICAL BARRIERS TO TRADE 8
  • Article   9.1 Objective 8
  • Article   9.2 Scope 8
  • Article   9.3 Incorporation of Certain Provisions of the TBT Agreement 8
  • Article   9.4 International Standards 8
  • Article   9.5 Technical Regulations 8
  • Article   9.6 Regulatory Cooperation 8
  • Article   9.7 Cooperation on Market Surveillance, Compliance and Safety of Non-food Products 8
  • Article   9.8 Standards 8
  • Article   9.9 Conformity Assessment 8
  • Article   9.10 Transparency 8
  • Article   9.11 Marking and Labelling 8
  • Article   9.12 Technical Discussions and Consultations 9
  • Article   9.13 Contact Points 9
  • Article   9.14 Sub-Committee on Technical Barriers to Trade 9
  • Chapter   10 INVESTMENT LIBERALISATION 9
  • Article   10.1 Scope 9
  • Article   10.2 Definitions 9
  • Article   10.3 Right to Regulate 9
  • Article   10.4 Relation to other Chapters 9
  • Article   10.5 Market Access 9
  • Article   10.6 National Treatment 9
  • Article   10.7 Public Procurement 9
  • Article   10.8 Most-favoured-nation Treatment 9
  • Article   10.9 Performance Requirements 9
  • Article   10.10 Senior Management and Boards of Directors 9
  • Article   10.11 Non-conforming Measures 9
  • Article   10.12 Denial of Benefits 10
  • Article   10.13 Sub-Committee on Services and Investment 10
  • Chapter   11 CROSS-BORDER TRADE IN SERVICES 10
  • Article   11.1 Scope 10
  • Article   11.2 Definitions 10
  • Article   11.3 Right to Regulate 10
  • Article   11.4 National Treatment 10
  • Article   11.5 Most-favoured-nation Treatment 10
  • Article   11.6 Local Presence 10
  • Article   11.7 Market Access 10
  • Article   11.8 Non-conforming Measures 10
  • Article   11.9 Denial of Benefits 10
  • Article   11.10 Sub-Committee on Services and Investment 10
  • Chapter   12 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 10
  • Article   12.1 Scope 10
  • Article   12.2 Definitions 10
  • Article   12.3 Intra-corporate Transferees, Business Visitors for Establishment Purposes and Investors 10
  • Article   12.4 Short-term Business Visitors 10
  • Article   12.5 Contractual Services Suppliers and Independent Professionals 11
  • Article   12.6 Non-conforming Measures 11
  • Article   12.7 Transparency 11
  • Article   12.8 Non-application of Dispute Settlement 11
  • Chapter   13 DOMESTIC REGULATION 11
  • Article   13.1 Scope and Definitions 11
  • Article   13.2 Conditions for Licensing and Qualification 11
  • Article   13.3 Licensing and Qualification Procedures 11
  • Article   13.4 Review 11
  • Article   13.5 Administration of Measures of General Application 11
  • Article   13.6 Appeal of Administrative Decisions 11
  • Chapter   14 MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS 11
  • Article   14.1 Mutual Recognition of Professional Qualifications 11
  • Chapter   15 DELIVERY SERVICES 11
  • Article   15.1 Scope and Definitions 11
  • Article   15.2 Universal Service 11
  • Article   15.3 Prevention of Market Distortive Practices 11
  • Article   15.4 Licences 11
  • Article   15.5 Independence of the Regulatory Authorities 12
  • Chapter   16 TELECOMMUNICATIONS SERVICES 12
  • Article   16.1 Scope 12
  • Article   16.2 Definitions 12
  • Article   16.3 Telecommunications Regulatory Authority 12
  • Article   16.4 Authorisation to Provide Telecommunications Networks or Services 12
  • Article   16.5 Interconnection 12
  • Article   16.6 Access and Use 12
  • Article   16.7 Resolution of Telecommunications Disputes 12
  • Article   16.8 Competitive Safeguards on Major Suppliers 12
  • Article   16.9 Interconnection with Major Suppliers 12
  • Article   16.10 Access to the Essential Facilities of Major Suppliers 12
  • Article   16.11 Scarce Resources 12
  • Article   16.12 Number Portability 12
  • Article   16.13 Universal Service 12
  • Article   16.14 Confidentiality of Information 12
  • Article   16.15 Foreign Shareholding 12
  • Article   16.16 Open and Non-discriminatory Internet Access 12
  • Article   16.17 International Mobile Roaming 12
  • Chapter   17 INTERNATIONAL MARITIME TRANSPORT SERVICES 12
  • Article   17.1 Scope, Definitions and Principles 12
  • Chapter   18 FINANCIAL SERVICES 12
  • Article   18.1 Scope 12
  • Article   18.2 Definitions 13
  • Article   18.3 National Treatment 13
  • Article   18.4 Public Procurement 13
  • Article   18.5 Most-favoured-nation Treatment 13
  • Article   18.6 Market Access 13
  • Article   18.7 Cross-border Supply of Financial Services 13
  • Article   18.8 Senior Management and Boards of Directors 13
  • Article   18.9 Performance Requirements 13
  • Article   18.10 Non-conforming Measures 13
  • Article   18.11 Prudential Carve-out 13
  • Article   18.12 Treatment of Information 13
  • Article   18.13 Domestic Regulation and Transparency 13
  • Article   18.14 Financial Services New to the Territory of a Party 14
  • Article   18.15 Self-regulatory Organisations 14
  • Article   18.16 Payment and Clearing Systems 14
  • Article   18.17 Sub-Committee on Financial Services 14
  • Article   18.18 Technical Discussions and Consultations 14
  • Article   18.19 Dispute Settlement 14
  • Chapter   19 DIGITAL TRADE 14
  • Section   A GENERAL PROVISIONS 14
  • Article   19.1 Scope 14
  • Article   19.2 Definitions 14
  • Article   19.3 Right to Regulate 14
  • Article   19.4 Exceptions 14
  • Section   B DATA FLOWS AND PERSONAL DATA PROTECTION 14
  • Article   19.5 Cross-border Data Flows 14
  • Article   19.6 Protection of Personal Data and Privacy 14
  • Section   C SPECIFIC PROVISIONS 14
  • Article   19.7 Customs Duties on Electronic Transmissions 14
  • Article   19.8 No Prior Authorisation 14
  • Article   19.9 Conclusion of Contracts by Electronic Means 14
  • Article   19.10 Electronic Trust Services and Electronic Authentication 14
  • Article   19.11 Online Consumer Trust 14
  • Article   19.12 Unsolicited Direct Marketing Communications 14
  • Article   19.13 Prohibition of Mandatory Transfer of or Access to Source Code 14
  • Article   19.14 Cooperation on Regulatory Issues with Regard to Digital Trade 14
  • Article   19.15 Review 14
  • Chapter   20 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES 14
  • Article   20.1 Objective and Scope 14
  • Article   20.2 Current Account 14
  • Article   20.3 Capital Movements 14
  • Article   20.4 Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers 15
  • Article   20.5 Temporary Safeguard Measures 15
  • Article   20.6 Restrictions In Case of Balance of Payments and External Financial Difficulties 15
  • Chapter   21 PUBLIC PROCUREMENT 15
  • Article   21.1 Definitions 15
  • Article   21.2 Scope and Coverage 15
  • Article   21.3 Security and General Exceptions 15
  • Article   21.4 General Principles 15
  • Article   21.5 Information on the Procurement System 15
  • Article   21.6 Notices 15
  • Article   21.7 Conditions for Participation 16
  • Article   21.8 Qualification of Suppliers Registration Systems and Qualification Procedures 16
  • Article   21.9 Technical Specifications 16
  • Article   21.10 Tender Documentation 16
  • Article   21.11 Environmental and Social Considerations 16
  • Article   21.12 Time Periods 16
  • Article   21.13 Negotiation 16
  • Article   21.14 Limited Tendering 16
  • Article   21.15 Electronic Auctions 17
  • Article   21.16 Treatment of Tenders and Awarding of Contracts 17
  • Article   21.17 Transparency of Procurement Information Information Provided to Suppliers 17
  • Article   21.18 Disclosure of Information 17
  • Article   21.19 Domestic Review Procedures 17
  • Article   21.20 Modifications and Rectifications to Coverage 17
  • Article   21.21 Sub-Committee on Public Procurement 17
  • Article   21.22 Facilitation of Participation by Small and Medium-sized Enterprises 17
  • Article   21.23 Cooperation 17
  • Article   21.24 Further Negotiations 17
  • Chapter   22 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES AND DESIGNATED MONOPOLIES 17
  • Article   22.1 Scope 17
  • Article   22.2 Definitions 17
  • Article   22.3 General Provisions 17
  • Article   22.4 Non-discriminatory Treatment and Commercial Considerations 18
  • Article   22.5 Regulatory Framework 18
  • Article   22.6 Transparency 18
  • Article   22.7 Party-specific Annex 18
  • Chapter   23 COMPETITION POLICY 18
  • Article   23.1 Principles 18
  • Article   23.2 Regulatory Framework 18
  • Article   23.3 Implementation 18
  • Article   23.4 Cooperation 18
  • Article   23.5 Consultations 18
  • Article   23.6 Non-application of Dispute Settlement 18
  • Chapter   24 SUBSIDIES 18
  • Article   24.1 Principles 18
  • Article   24.2 Definition and Scope 18
  • Article   24.3 Relation to the WTO Agreement 18
  • Article   24.4 Transparency 18
  • Article   24.5 Consultations 18
  • Article   24.6 Subsidies Subject to Conditions 18
  • Article   24.7 Use of Subsidies 18
  • Article   24.8 Non-application of Dispute Settlement 18
  • Article   24.9 Confidentiality 18
  • Chapter   25 INTELLECTUAL PROPERTY 18
  • Section   A GENERAL PROVISIONS 18
  • Article   25.1 Objectives 18
  • Article   25.2 Scope 18
  • Article   25.3 Principles 18
  • Article   25.4 Definitions 18
  • Article   25.5 National Treatment 18
  • Article   25.6 Intellectual Property and Public Health 19
  • Article   25.7 Exhaustion 19
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 19
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 19
  • Article   25.8 International Agreements 19
  • Article   25.9 Authors 19
  • Article   25.10 Performers 19
  • Article   25.11 Producers of Phonograms 19
  • Article   25.12 Broadcasting Organisations 19
  • Article   25.13 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes (2) 19
  • Article   25.14 Term of Protection 19
  • Article   25.15 Resale Right 19
  • Article   25.16 Collective Management of Rights 19
  • Article   25.17 Limitations and Exceptions 19
  • Article   25.18 Protection of Technological Measures 19
  • Article   25.19 Obligations Concerning Rights-management Information 19
  • Subsection   2 TRADEMARKS 19
  • Article   25.20 International Agreements 19
  • Article   25.21 Rights Conferred by a Trademark 19
  • Article   25.22 Registration Procedure 19
  • Article   25.23 Well-known Trademarks 19
  • Article   25.24 Exceptions to the Rights Conferred by a Trademark 19
  • Article   25.25 Grounds for Revocation 19
  • Article   25.26 Bad Faith Applications 19
  • Subsection   3 DESIGNS (1) 19
  • Article   25.27 International Agreements 19
  • Article   25.28 Protection of Registered Designs (1) 19
  • Article   25.29 Duration of Protection 19
  • Article   25.30 Exceptions and Exclusions 19
  • Article   25.31 Relationship to Copyright 19
  • Subsection   4 GEOGRAPHICAL INDICATIONS 19
  • Article   25.32 Definition and Scope 19
  • Article   25.33 Listed Geographical Indications 19
  • Article   25.34 Amendment of the List of Geographical Indications 19
  • Article   25.35 Scope of Protection of Geographical Indications 19
  • Article   25.36 Right of Use of Geographical Indications 20
  • Article   25.37 Relation between Trademarks and Geographical Indications 20
  • Article   25.38 Enforcement of Protection 20
  • Article   25.39 General Rules 20
  • Article   25.40 Sub-Committee, Co-operation and Transparency 20
  • Article   25.41 Other Protection 20
  • Subsection   5 PATENTS 20
  • Article   25.42 International Agreements 20
  • Article   25.43 Supplementary Protection In Case of Delays In Marketing Approval for Pharmaceutical Products 20
  • Subsection   6 PROTECTION OF UNDISCLOSED INFORMATION 20
  • Article   25.44 Scope of Protection of Trade Secrets 20
  • Article   25.45 Civil Judicial Procedures and Remedies of Trade Secrets 20
  • Article   25.46 Protection of Undisclosed Data Related to Pharmaceutical Products 20
  • Article   25.47 Protection of Data Related to Agrochemical Products 20
  • Subsection   7 PLANT VARIETIES 20
  • Article   25.48 Protection of Plant Variety Rights 20
  • Section   C ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 20
  • Subsection   1 CIVIL AND ADMINISTRATIVE ENFORCEMENT 20
  • Article   25.49 General Obligations 20
  • Article   25.50 Persons Entitled to Seek Application of Enforcement Measures, Procedures and Remedies 20
  • Article   25.51 Evidence 20
  • Article   25.52 Right of Information 20
  • Article   25.53 Provisional and Precautionary Measures 21
  • Article   25.54 Remedies 21
  • Article   25.55 Injunctions 21
  • Article   25.56 Alternative Measures 21
  • Article   25.57 Damages 21
  • Article   25.58 Legal Costs 21
  • Article   25.59 Publication of Judicial Decisions 21
  • Article   25.60 Presumption of Authorship or Ownership 21
  • Article   25.61 Administrative Procedures 21
  • Subsection   2 BORDER ENFORCEMENT 21
  • Article   25.62 Border Measures 21
  • Article   25.63 Consistency with GATT and TRIPS Agreement 21
  • Section   D FINAL PROVISIONS 21
  • Article   25.64 Cooperation 21
  • Article   25.65 Voluntary Stakeholder Initiatives 21
  • Article   25.66 Sub-Committee on Intellectual Property 21
  • Chapter   26 TRADE AND SUSTAINABLE DEVELOPMENT 21
  • Section   A COMMON PROVISIONS 21
  • Article   26.1 Objectives 21
  • Article   26.2 Right to Regulate and Levels of Protection 21
  • Article   26.3 Trade and Responsible Business Conduct and Management of Supply Chains 21
  • Article   26.4 Scientific and Technical Information 21
  • Article   26.5 Transparency and Good Regulatory Practices 21
  • Article   26.6 Public Awareness, Information, Participation and Procedural Guarantees 21
  • Article   26.7 Cooperation Activities 21
  • Section   B ENVIRONMENT AND TRADE 21