Nutritionist - Baccalaureate or Licenciatura Degree or Nutricionista/Dietista Nutricional (University Title)
Occupational Therapist - Baccalaureate or Licenciatura Degree or Terapeuta Ocupacional (University Title); or state/provincial licence
Pharmacist - Baccalaureate or Licenciatura Degree; or state/provincial licence
Physician (teaching or research only) - M.D. or Doctor en Medicina or Médico Cirujano/ Médico (University Title); or state/provincial licence
Physiotherapist/Physical Therapist - Baccalaureate or Licenciatura Degree or Kinesiólogo/Kinesioterapeuta (University Title); or state/provincial licence
Psychologist - State/provincial licence; or Licenciatura Degree
Recreational Therapist - Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial licence, or Licenciatura Degree, or Enfermera (University Title)
Veterinarian - D.V.M., D.M.V. or Doctor en Veterinaria or Médico Veterinario (University Title); or state/provincial licence
Scientist
Agriculturist (including Agronomist) - Baccalaureate or Licenciatura Degree
Animal Breeder - Baccalaureate or Licenciatura Degree
Animal Scientist - Baccalaureate or Licenciatura Degree
Apiculturist - Baccalaureate or Licenciatura Degree
Astronomer - Baccalaureate or Licenciatura Degree
Biochemist - Baccalaureate or Licenciatura Degree
Biologist - Baccalaureate or Licenciatura Degree
Chemist - Baccalaureate or Licenciatura Degree
Dairy Scientist - Baccalaureate or Licenciatura Degree
Entomologist - Baccalaureate or Licenciatura Degree
Epidemiologist - Baccalaureate or Licenciatura Degree
Geneticist - Baccalaureate or Licenciatura Degree
Geologist - Baccalaureate or Licenciatura Degree or Geólogo (University Title)
Geochemist
Geophysicist (including Oceanographer in Mexico and the United States of America) - Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Horticulturist - Baccalaureate or Licenciatura Degree
Meteorologist - Baccalaureate or Licenciatura Degree
Pharmacologist
Physicist (including Oceanographer in Canada and Chile) - Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree for Physicist; Oceanógrafo (University Title) for Oceanographer
Plant Breeder - Baccalaureate or Licenciatura Degree
Poultry Scientist - Baccalaureate or Licenciatura Degree
Soil Scientist - Baccalaureate or Licenciatura Degree
Zoologist - Baccalaureate or Licenciatura Degree
Teacher
College - Baccalaureate or Licenciatura Degree - Baccalaureate or Licenciatura Degree
Seminary - Baccalaureate or Licenciatura Degree
University - Baccalaureate or Licenciatura Degree
Appendix K-03.IV.4.
Notwithstanding Annex K-03.IV.4, for the purposes of this Agreement, neither Party shall establish an annual numerical limit regarding temporary entry of business persons of the other Party seeking to engage in business activities at a professional level set out in Appendix K-03.IV.1.
Part Seven. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Chapter L. PUBLICATION, NOTIFICATION AND ADMINISTRATION OF LAWS
Article L-01. Contact Points
Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of the other Party, the contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.
Article L-02. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent possible, each Party shall:
(a) publish in advance any such measure that it proposes to adopt; and
(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
Article L-03. Notification and Provision of Information
1 To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure, whether or not the other Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
Article L-04. Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article L-02 to particular persons, goods or services of the other Party in specific cases that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) its procedures are in accordance with domestic law.
Article L-05. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decisions shall be implemented by, and shall govern the practice of, the offices or authorities with respect to the administrative action at issue.
Article L-06. Definitions
For purposes of this Chapter: administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Chapter M. ANTI-DUMPING AND COUNTERVAILING DUTY MATTERS
Article M-01. Reciprocal Exemption from the Application of Anti-dumping Duty Laws
1. Subject to Article M-03, as of the date of entry into force of this Agreement each Party agrees not to apply its domestic anti-dumping law to goods of the other Party. Specifically:
(a) neither Party shall initiate any anti-dumping investigations or reviews with respect to goods of the other Party;
(b) each Party shall terminate any ongoing anti-dumping investigations or inquiries in respect of such goods;
(c) neither Party shall impose new anti-dumping duties or other measures in respect of such goods; and
(d) each Party shall revoke all existing orders levying anti-dumping duties in respect of such goods.
2. Each Party shall amend, and publish as appropriate, its relevant domestic anti-dumping law in relation to goods of the other Party to ensure that the objectives of this Article are achieved.
Article M-02. Rules of Origin
Article M-01 applies only to goods that the competent investigating authority of the importing Party, applying the importing Party's anti-dumping law to the facts of a specific case, determines are goods of the other Party.
Article M-03. Phase-in Provisions
1. Article M-01 applies to all goods of the other Party as of:
(a) the date on which the tariff of both Parties is eliminated at the subheading level; or
(b) January 1, 2003, whichever comes first.
2. For the purpose of paragraph 1, elimination at the subheading level occurs when the tariff for each eight-digit tariff line under the six-digit subheading is zero under this Agreement.
Article M-04. Exceptional Circumstances
1 Either Party may request, in writing, consultations with the other Party regarding exceptional circumstances that may arise with respect to the operation of this Chapter.
2. Exceptional circumstances may include significant changes in recent trading conditions.
3. The Parties shall enter into consultations within 10 days of receipt of a request and shall conclude such consultations within 30 days of such receipt, except where the matter involves perishable goods, in which case the consultations shall be concluded within 20 days.
4. In the consultations, the Parties shall make every attempt to arrive at a mutually satisfactory resolution of the particular matter, with a view to promptly restoring recent trading conditions. To this end, the Parties shall:
(a) provide sufficient information to enable a full examination of the exceptional circumstances; and
(b) treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information.
5. These consultations shall be without prejudice to a Party's right to invoke any applicable government-to-government dispute settlement procedures available under this Agreement or the WTO Agreement.
Article M-05. Committee on Anti-dumping and Countervailing Measures
The Parties hereby establish a Committee on Anti-dumping and Countervailing Measures to:
(a) consult with a view to defining subsidy disciplines further and eliminating the need for domestic countervailing duty measures on trade between them;
(b) work together in multilateral fora, including the World Trade Organization, and in the context of negotiating Chile's full accession to the NAFTA and the establishment of a Free Trade Area of the Americas, with a view to improving trade remedy regimes to minimize their potential to impede trade;
(c) consult on opportunities for working together with other like-minded countries with a view to expanding agreement on the elimination of the application of anti- dumping measures within free trade areas;
(d) facilitate Chile's full accession to the NAFTA, and in particular Chapter Nineteen, by examining the current domestic anti-dumping and countervailing duty regimes and the operation of the Parties' legal systems, including judicial review of administrative agency decisions; and
(e) meet annually, and on the request of either Party, to review the operation of this Chapter and other related matters including competition laws and policies.
Article M-06. Review
The Parties shall, not later than 5 years after the coming into force of this Agreement, meet to review this Chapter and to determine whether any changes should be made to its provisions.
Article M-07. Dispute Resolution
1. The dispute settlement provisions of Chapter N (Institutional Arrangements and Dispute Settlement Procedures) shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of Articles M-01, M-02, M-03 or M-04 and paragraphs 7 through 9 of this Article.
2. Apart from this Chapter, no provision of this Agreement shall be construed as imposing obligations on a Party with respect to either Party's anti-dumping or countervailing duty law.
3. Except as otherwise provided in paragraph 1, all disputes between the Parties arising in respect of the application of anti-dumping measures or countervailing duty measures by either Party shall be settled in accordance with the WTO Agreement.
4. Where a dispute referred to in paragraph 3 involves, as disputing Parties, Canada and Chile exclusively, the Parties shall act in accordance with the following procedures consistent with the DSU:
(a) if a request for consultations under Article 4 of the DSU is made, the Parties shall enter into consultations within 10 days of receipt of the request and shall conclude such consultations within 30 days of such receipt, except where the matter involves perishable goods, in which case consultations shall be concluded within 20 days;
(b) a Party shall not object to the establishment of a panel that has been requested by the other Party under Article 6(1) of the DSU at the first meeting of the DSB at which the request is examined; and
(c) unless the Parties otherwise agree, the terms of reference of the panel shall be to determine whether the imposition of an anti-dumping measure or a countervailing duty measure against a good of the complaining Party by the Party complained against is in accordance with Article VI of the GATT 1994, or the Agreement on Subsidies and Countervailing Measures or the Agreement on Implementation of Article VI of the GATT 1994,
5. Unless the Parties otherwise agree, where a DSU panel issues a final report concluding that the imposition by either Canada or Chile of an anti-dumping measure or a countervailing duty measure against a good of the other Party is not in accordance with Article VI of the GATT 1994, or the Agreement on Subsidies and Countervailing Measures or the Agreement on Implementation of Article VI of the GATT 1994, the Party complained against shall direct its competent authorities to take action not inconsistent with the panel report with respect to the goods of the complaining Party, including, where appropriate, the refund, with interest, of the whole or part of the duty paid.
6. The final report of the DSU panel shall be deemed to be a final report of a panel under Article N-16.
7. The Party complained against shall not be required to take action pursuant to paragraph 5 until:
(a) the time period for notification to the DSB of a decision to appeal under Article 16(4) of the DSU has expired; or
(b) the panel report is adopted following completion of the appeal procedure under Article 17 of the DSU.
8. Following the expiration of the time period referred to in subparagraph 7(a) or the adoption of the panel report referred to in subparagraph 7(b), if the Party complained against fails to comply with the final report of a DSU panel pursuant to paragraph 4 within a reasonable period of time, and no compensation has been offered in lieu thereof and no other mutually satisfactory resolution of the matter has been reached, the complaining Party may suspend the application to the Party complained against of benefits of equivalent effect under Article N-18 until such time as the matter is resolved.
9. If a Party chooses to suspend benefits in accordance with Article N-18 as well as under the DSU, the combined effect of such suspension of benefits may not be greater than the effect of the violation.
Article M-08. Definitions
For purposes of this Chapter:
Agreement on Implementation of Article VI of the GATT 1994 means the Agreement on Implementation of Article VI of the General Agreement on Tariff and Trade 1994, which forms part of the WTO Agreement;
Agreement on Subsidies and Countervailing Measures means the Agreement on Subsidies and Countervailing Measures, which forms part of the WTO Agreement;
Competent investigating authority means:
(a) in the case of Canada
(i) the Canadian International Trade Tribunal or its successor; or
(ii) the Deputy Minister of National Revenue as defined in the Special Import Measures Act, as amended, or the Deputy Minister's successor; and
(b) in the case of Chile, the National Commission for the Investigation of the Existence of Price Distortions in Imported Goods ("Comisión Nacional Encargada de Investigar la Existencia de Distorsiones en el Precio de las Mercaderias Importadas"), or its successor;
domestic anti-dumping law means a Party's relevant statutes, regulations and administrative guidelines;
DSB means the Dispute Settlement Body established in Article 2 of the DSU; and
reasonable period of time means the period necessary for review and the taking of action not inconsistent with the panel report, taking into account the factual and legal issues involved. In no event shall the reasonable period of time exceed an amount of time equal to the maximum permitted for investigation (from initiation to final order) to be carried out under the relevant WTO Agreements.
Chapter N. INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES
Section I. Institutions
Article N-01. The Free Trade Commission
1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees.
2. The Commission shall:
(a) supervise the implementation of this Agreement;
(b) oversee its further elaboration;
(c) resolve disputes that may arise regarding its interpretation or application;
(d) supervise the work of all committees and working groups established under this Agreement, referred to in Annex N-01.2; and
(e) consider any other matter that may affect the operation of this Agreement.
3. The Commission may:
(a) establish, and delegate responsibilities to, ad hoc or standing committees, working groups or expert groups;
(b) seek the advice of nongovernmental persons or groups; and (c) take such other action in the exercise of its functions as the Parties may agree.
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual agreement.