Canada - Chile FTA (1996)
Previous page Next page

1. If a Party considers that any benefit it could reasonably have expected to accrue to it under any provision of:

(a) Part Two (Trade in Goods), except for those provisions of Annex C-00-A (Trade and Investment in the Automotive Sector) relating to investment; or

(b) Chapter H (Cross-Border Trade in Services), is being nullified or impaired as a result of the application of any measure that is not inconsistent with this Agreement, the Party may have recourse to dispute settlement under this Chapter.

2. A Party may not invoke:

(a) paragraph 1 (a), to the extent that the benefit arises from any cross-border trade in services provision of Part Two or Three; or

(b) paragraph 1(b), with respect to any measure subject to an exception under Article Q-01 (General Exceptions).

Part Five. OTHER PROVISIONS

Chapter O. EXCEPTIONS

Article O-01. General Exceptions

1. For purposes of Part Two (Trade in Goods), except to the extent that a provision of that Part applies to services or investment, Article XX of the GATT 1994 and its interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made part of this Agreement. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

2. Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on trade between the Parties, nothing in:

(a) Part Two (Trade in Goods), to the extent that a provision of that Part applies to services;

(b) Chapter H (Cross-Border Trade in Services); and

(c) Chapter I (Telecommunications), shall be construed to prevent the adoption or enforcement by either Party of measures necessary to secure compliance with laws or regulations that are not inconsistent with the provisions of this Agreement, including those relating to health and safety and consumer protection.

Article O-02. National Security

1. Nothing In this Agreement Shall Be Construed:

(a) to require either Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests;

(b) to prevent either Party from taking any actions that it considers necessary for the protection of its essential security interests

(i) relating to the traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment,

(ii) taken in time of war or other emergency in international relations, or

(iii) relating to the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices; or

(c) to prevent either Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Article O-03. Taxation

1. Except as set out in this Article and in Annex O-03.1, nothing in this Agreement shall apply to taxation measures.

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

3. Notwithstanding paragraph 2:

(a) Article C-01 (Market Access - National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article III of the GATT 1994; and

(b) Article C-12 (Market Access - Export Taxes) shall apply to taxation measures.

4. Subject to paragraph 2:

(a) Article H-02 (Cross-Border Trade in Services - National Treatment) shall apply to taxation measures on income, capital gains or the taxable capital of corporations that relate to the purchase or consumption of particular services; and

(b) Articles G-02 and G-03 (Investment - National Treatment and Most-Favoured Nation Treatment) and Articles H-02 and H-03 (Cross-Border Trade in Services - National Treatment and Most-Favoured-Nation Treatment) shall apply to all taxation measures, other than those on income, capital gains or on the taxable capital of corporations, taxes on estates, inheritances, gifts and generation-skipping transfers,

except that nothing in those Articles shall apply:

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

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

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

(f) to an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles; or

(g) to any new taxation measure aimed at ensuring the equitable and effective imposition or collection of taxes and that does not arbitrarily discriminate between persons, goods or services of the Parties or arbitrarily nullify or impair benefits accorded under those Articles, in the sense of Annex N-04.

5. Subject to paragraph 2 and without prejudice to the rights and obligations of the Parties under paragraph 3, Article G-06(3), (4) and (5) (Performance Requirements) shall apply to taxation measures.

6. Article G-10 (Expropriation and Compensation) shall apply to taxation measures except that no investor may invoke that Article as the basis for a claim under Article G-17 (Claim by an Investor of a Party on Its Own Behalf) or G-18 (Claim by an Investor of a Party on Behalf of an Enterprise), where it has been determined pursuant to this paragraph that the measure is not an expropriation. The investor shall refer the issue of whether the measure is not an expropriation for a determination to the appropriate competent authorities set out in Annex O-03.6 at the time that it gives notice under Article G-20 (Notice of Intent to Submit a Claim to Arbitration). If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six months of such referral, the investor may submit its claim to arbitration under Article G-21 (Submission of a Claim to Arbitration).

Article O-04. Balance of Payments

1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures that restrict transfers where the Party experiences serious balance of payments difficulties, or the threat thereof, and such restrictions are consistent with this Article.

2. As soon as practicable after a Party imposes a measure under this Article, the Party shall:

(a) submit any current account exchange restrictions to the IMF for review under Article VIII of the Articles of Agreement of the IMF;

(b) enter into good faith consultations with the IMF on economic adjustment measures to address the fundamental underlying economic problems causing the difficulties; and

(c) adopt or maintain economic policies consistent with such consultations.

3. A measure adopted or maintained under this Article shall:

(a) avoid unnecessary damage to the commercial, economic or financial interests of the other Party;

(b) not be more burdensome than necessary to deal with the balance of payments difficulties or threat thereof;

(c) be temporary and be phased out progressively as the balance of payments situation improves;

(d) be consistent with paragraph 2(c) and with the Articles of Agreement of the IMF; and

(e) be applied on a national treatment or mostfavourednation treatment basis, whichever is better.

4. A Party may adopt or maintain a measure under this Article that gives priority to services that are essential to its economic program, provided that a Party may not impose a measure for the purpose of protecting a specific industry or sector unless the measure is consistent with paragraph 2(c) and with Article VIII(3) of the Articles of Agreement of the IMF.

5. Restrictions imposed on transfers:

(a) where imposed on payments for current international transactions, shall be consistent with Article VIII) of the Articles of Agreement of the IMF;

(b) where imposed on international capital transactions, shall be consistent with Article VI of the Articles of Agreement of the IMF and be imposed only in conjunction with measures imposed on current international transactions under paragraph 2(a);

(c) where imposed on transfers covered by Article G-09 (investment -Transfers) and transfers related to trade in goods, may not substantially impede transfers from being made in a freely usable currency at a market rate of exchange; and

(d) may not take the form of tariff surcharges, quotas, licences or similar measures.

Article O-05. Disclosure of Information

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

Article O-06. Cultural Industries

Annex 0-06 applies to the Parties with respect to cultural industries.

Article O-07. Definitions

cultural industriesmeans persons engaged in any of the following activities:

(a) the publication, distribution, or sale of books, magazines, periodicals or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing;

(b) the production, distribution, sale or exhibition of film or video recordings;

(c) the production, distribution, sale or exhibition of audio or video music recordings;

(d) the publication, distribution or sale of music in print or machine readable form; or

(e) radiocommunications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services;

international capital transactions means "international capital transactions" as defined under the Articles of Agreement of the IMF;

IMF means the International Monetary Fund;

payments for current international transactions means "payments for current international transactions" as defined under the Articles of Agreement of the IMF;

tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement;

taxes and taxation measures do not include:

(a) a "customs duty" as defined in Article C-18 (Market Access - Definitions); or

(b) the measures listed in exceptions (b), (c) and (d) of that definition; and

transfers means international transactions and related international transfers and payments.

Annex O-03.1. Double Taxation

1. The Parties agree to conclude a bilateral double taxation agreement within a reasonable time after the date that this Agreement enters into force.

2. The Parties agree that upon conclusion of a bilateral double taxation agreement, they will agree to an exchange of letters setting out the relationship between the double taxation agreement and Article O-03 of the Agreement.

Annex O-03.6. Competent Authorities

For purposes of this Chapter:

competent authority means

(a) in the case of Canada, the Assistant Deputy Minister for Tax Policy, Department of Finance; and

(b) in the case of Chile, the Director of the Internal Revenue Service, Ministry of Finance ("Director del Servicio de Impuestos Internos, Ministerio de Hacienda"). Annex 0-06 Cultural Industries Nothing in this Agreement shall be construed to apply to measures adopted or maintained by either Party with respect to cultural industries except as specifically provided in Article C-02 (Market Access - Tariff Elimination).

Chapter P. FINAL PROVISIONS

Article P-01. Annexes, Appendices and Notes

The Annexes, Appendices and Notes to this Agreement constitute integral parts of this Agreement.

Article P-02. Amendments

1. The Parties may agree on any modification of or addition to this Agreement.

2. When so agreed, and approved in accordance with the applicable legal procedures of each Party, a modification or addition shall constitute an integral part of this Agreement.

Article P-03. Entry Into Force

This Agreement shall enter into force on June 2, 1997, on an exchange of written notifications certifying the completion of necessary legal procedures.

Article P-04. Accession of Chile to the NAFTA

The Parties shall work toward the early accession of Chile to the NAFTA.

Article P-05. Duration and Termination

This Agreement shall remain in force unless terminated by either Party on six months’ notice to the other Party.

Article P-06. Authentic Texts

The English, French and Spanish Texts of this Agreement are equally authentic.

Conclusion

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

DONE in Santiago, on the 5th day of December, one thousand nine hundred ninety six, in duplicate, in the English, French and Spanish languages.

FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE

FOR THE GOVERNMENT OF CANADA

Attachments

Annex I. Reservations for Existing Measures and Liberalization Commitments (Chapters G and H)

1. The Schedule of a Party sets out, pursuant to Articles G-08(1) (Investment) and H-06(1) (Cross-Border Trade in Services), the reservations taken by that Party with respect to existing measures that do not conform with obligations imposed by:

a. Article G-02 or H-02 (National Treatment);

b. Article G-03 or H-03 (Most-Favored-Nation Treatment);

c. Article H-05 (Local Presence);

d. Article G-06 (Performance Requirements); or

e. Article G-07 (Senior Management and Boards of Directors), and, in certain cases, sets out commitments for immediate or future liberalization.

2. Each reservation sets out the following elements:

a. Sector refers to the general sector in which the reservation is taken;

b. Sub-Sector refers to the specific sector in which the reservation is taken;

c. Industry Classification refers, where applicable, to the activity covered by the reservation according to domestic industry classification codes;

d. Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;

e. Level of Government indicates the level of government maintaining the measure for which a reservation is taken;

f. Measures identifies the laws, regulations or other measures, as qualified, where indicated, by the Description element, for which the reservation is taken.

A measure cited in the Measures element

i. means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and

ii. includes any subordinate measure adopted or maintained under the authority of and consistent with the measure

g. Description sets out commitments, if any, for liberalization on the date of entry into force of this Agreement, and the remaining non-conforming aspects of the existing measures for which the reservation is taken; an

h. Phase-Out sets out commitments, if any, for liberalization after the date of entry into force of this Agreement.

3. In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant provisions of the Chapters against which the reservation is taken. To the extent that:

a. the Phase-Out element provides for the phasing out of non-conforming aspects of measures, the Phase-Out element shall prevail over all other elements;

b. the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

c. the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.

4. Where a Party maintains a measure that requires that a service provider be a citizen, permanent resident or resident of its territory as a condition to the provision of a service in its territory, a reservation for that measure taken with respect to Article H-02, H-03 or H-05 shall operate as a reservation with respect to Article G-02, G-03 or G-06 to the extent of that measure.

5. The listing of a measure in this Annex is without prejudice to a future claim that Annex II may apply to the measure or some application of the measure.

6. Unless otherwise stated in the Description element, a Chilean juridical person includes an enterprise of the other Party that is constituted or organized in Chile in a form which under Chilean law is recognized as being a juridical person.

7. For purposes of this Annex:

CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and

SIC means with respect to Canada, Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.

Annex I. Schedule of Canada

Sector:

Agriculture

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article G-02)

Level of Government:

Federal

Measures:

Farm CreditCorporation Act, S.C. 1993, c. 14

Description:

Investment

Loans by the Farm Credit Corporation may be made only to:

1. individuals who are Canadian citizens or permanent residents;

2. corporations related to farming in Canada controlled by Canadian citizens or permanent residents; or

3. cooperative farm associations, all members of which are Canadian citizens or permanent residents.

  • Part   One GENERAL PART 1
  • Chapter   A OBJECTIVES 1
  • Article   A-01 Establishment of the Free Trade Area 1
  • Article   A-02 Objectives 1
  • Article   A-03 Relation to other Agreements 1
  • Article   A-04 Relation to Environmental and Conservation Agreements 1
  • Article   A-05 Extent of Obligations 1
  • Chapter   B GENERAL DEFINITIONS 1
  • Article   B-01 Definitions of General Application 1
  • Part   Two TRADE IN GOODS 1
  • Chapter   C NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   C-00 Scope and Coverage 1
  • Section   I National Treatment 1
  • Article   C-01 National Treatment 1
  • Section   II Tariffs 1
  • Article   C-02 Tariff Elimination (2) 1
  • Article   C-03 Waiver of Customs Duties 1
  • Article   C-04 Temporary Admission of Goods 1
  • Article   C-05 Duty-Free Entry of Certain Commercial Samples and Printed Advertising Materials 1
  • Article   C-06 Goods Re-Entered after Repair or Alteration (6) 1
  • Article   C-07 Most-Favoured-Nation Rates of Duty on Certain Goods 1
  • Section   III Non-Tariff Measures 2
  • Article   C-08 Import and Export Restrictions 2
  • Article   C-09 Customs User Fees 2
  • Article   C-10 Wine and Distilled Spirits 2
  • Article   C-11 Geographical Indications 2
  • Article   C-12 Export Taxes 2
  • Article   C-13 Other Export Measures 2
  • Article   14 Export Subsidies on Agricultural Goods 2
  • Section   IV Consultations 2
  • Article   C-15 Consultations and Committee on Trade In Goods and Rules of Origin 2
  • Article   C-16 Customs Valuation Code 2
  • Article   C-17 Price Band System 2
  • Section   V Definitions 2
  • Article   C-18 Definitions 2
  • Chapter   D RULES OF ORIGIN 2
  • Article   D-01 Originating Goods 2
  • Article   D-02 Regional Value Content 2
  • Article   D-03 Automotive Goods 3
  • Article   D-04 Accumulation 3
  • Article   D-05 De Minimis 3
  • Article   D-06 Fungible Goods and Materials 3
  • Article   D-07 Accessories, Spare Parts and Tools 3
  • Article   D-08 Indirect Materials 3
  • Article   D-09 Packaging Materials and Containers for Retail Sale 3
  • Article   D-10 Packing Materials and Containers for Shipment 3
  • Article   D-11 Transshipment 3
  • Article   D-12 Non-Qualifying Operations 3
  • Article   D-13 Interpretation and Application 3
  • Article   D-14 Consultation and Modifications 3
  • Article   D-15 NAFTA Accession 3
  • Article   D-16 Definitions 3
  • Chapter   E CUSTOMS PROCEDURES 3
  • Section   I Certification of Origin 3
  • Article   E-01 Certificate of Origin 4
  • Article   E-02 Obligations Regarding Importations 4
  • Article   E-03 Exceptions 4
  • Article   E-04 Obligations Regarding Exportations 4
  • Section   II Administration and Enforcement 4
  • Article   E-05 Records 4
  • Article   E-06 Origin Verifications 4
  • Article   E-07 Confidentiality 4
  • Article   E-08 Penalties 4
  • Section   III Advance Rulings 4
  • Article   E-09 Advance Rulings 4
  • Section   IV Review and Appeal of Origin Determinations and Advance Rulings 4
  • Article   E-10 Review and Appeal 4
  • Section   V Uniform Regulations 4
  • Article   E-11 Uniform Regulations 4
  • Section   VI Cooperation 4
  • Article   E-12 Cooperation 4
  • Article   E-13 The Customs Sub-Committee 5
  • Article   E-14 Definitions 5
  • Chapter   F EMERGENCY ACTION 5
  • Article   F-01 Bilateral Actions 5
  • Article   F-02 Global Actions 5
  • Article   F-03 Administration of Emergency Action Proceedings 5
  • Article   F-04 Dispute Settlement In Emergency Action Matters 5
  • Article   F-05 Definitions 5
  • Part   Three INVESTMENT, SERVICES AND RELATED MATTERS 5
  • Chapter   G INVESTMENT 5
  • Section   I Investment 5
  • Article   G-01 Scope and Coverage (1) 5
  • Article   G-02 National Treatment 5
  • Article   G-03 Most-Favoured-Nation Treatment 5
  • Article   G-04 Standard of Treatment 5
  • Article   G-05 Minimum Standard of Treatment 5
  • Article   G-06 Performance Requirements (2) 5
  • Article   G-07 Senior Management and Boards of Directors 5
  • Article   G-08 Reservations and Exceptions 5
  • Article   G-09 Transfers 6
  • Article   G-10 Expropriation and Compensation 6
  • Article   G-11 Special Formalities and Information Requirements 6
  • Article   G-12 Relation to other Chapters 6
  • Article   G-13 Denial of Benefits 6
  • Article   G-14 Environmental Measures 6
  • Article   G-15 Energy Regulatory Measures 6
  • Section   II Settlement of Disputes between a Party and an Investor of the other Party 6
  • Article   G-16 Purpose 6
  • Article   G-17 Claim by an Investor of a Party on Its Own Behalf 6
  • Article   G-18 Claim by an Investor of a Party on Behalf of an Enterprise 6
  • Article   G-19 Settlement of a Claim Through Consultation and Negotiation 6
  • Article   G-20 Notice of Intent to Submit a Claim to Arbitration 6
  • Article   G-21 Submission of a Claim to Arbitration 6
  • Article   G-22 Conditions Precedent to Submission of a Claim to Arbitration 6
  • Article   G-23 Consent to Arbitration 6
  • Article   G-24 Number of Arbitrators and Method of Appointment 6
  • Article   G-25 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 6
  • Article   G-26 Agreement to Appointment of Arbitrators 6
  • Article   G-27 Consolidation 6
  • Article   G-28 Notice a Disputing Party Shall Deliver to the other Party: 6
  • Article   G-29 Participation by a Party 6
  • Article   G-30 Documents 6
  • Article   G-31 Place of Arbitration 6
  • Article   G-32 Governing Law 7
  • Article   G-33 Interpretation of Annexes 7
  • Article   G-34 Expert Reports 7
  • Article   G-35 Interim Measures of Protection 7
  • Article   G-36 Final Award 7
  • Article   G-37 Finality and Enforcement of an Award 7
  • Article   G-38 General 7
  • Article   G-39 Exclusions 7
  • Section   III Definitions 7
  • Article   G-40 Definitions 7
  • Annex G-01.3(b)  Further Liberalization 7
  • Annex G-04.2  Standard of Treatment 7
  • Annex G-09.1  7
  • Annex G-21.1  Submission of a Claim to Arbitration 8
  • Annex G-38.2  Service of Documents on a Party Under Section II 8
  • Annex G-39.2  Exclusions from Dispute Settlement Canada 8
  • Chapter   H CROSS-BORDER TRADE IN SERVICES 8
  • Article   H-01 Scope and Coverage 8
  • Article   H-02 National Treatment 8
  • Article   H-03 Most-Favoured-Nation Treatment 8
  • Article   H-04 Standard of Treatment 8
  • Article   H-05 Local Presence 8
  • Article   H-06 Reservations 8
  • Article   H-07 Quantitative Restrictions 8
  • Article   H-08 Liberalization of Non-Discriminatory Measures 8
  • Article   H-09 Procedures 8
  • Article   H-10 Licensing and Certification 8
  • Article   H-11 Denial of Benefits 8
  • Article   H-12 Definitions 8
  • Annex H-10.5  Professional Services 8
  • Section   I General Provisions 8
  • Section   II Foreign Legal Consultants 8
  • Section   III Temporary Licensing of Engineers 8
  • Chapter   I TELECOMMUNICATIONS 9
  • Article   I-01 Scope and Coverage 9
  • Article   I-02 Access to and Use of Public Telecommunications Transport Networks and Services 9
  • Article   I-03 Conditions for the Provision of Enhanced or Value Added Services 9
  • Article   I-04 Standards-Related Measures 9
  • Article   I-05 Monopolies (1) 9
  • Article   I-06 Transparency 9
  • Article   I-07 Relation to other Chapters 9
  • Article   I-08 Relation to International Organizations and Agreements 9
  • Article   I-09 Technical Cooperation and other Consultations 9
  • Article   I-10 Definitions 9
  • Chapter   J COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 9
  • Article   J-01 Competition Law (1) 9
  • Article   J-02 Monopolies and State Enterprises (2) 9
  • Article   J-03 State Enterprises 9
  • Article   J-04 Definitions 9
  • Annex J-04  Country-Specific Definition of State Enterprises 10
  • Chapter   K TEMPORARY ENTRY FOR BUSINESS PERSONS 10
  • Article   K-01 General Principles 10
  • Article   K-02 General Obligations 10
  • Article   K-03 Grant of Temporary Entry 10
  • Article   K-04 Provision of Information 10
  • Article   K-05 Working Group 10
  • Article   K-06 Dispute Settlement 10
  • Article   K-07 Relation to other Chapters 10
  • Article   K-08 Definitions 10
  • Annex K-03  Temporary Entry for Business Persons 10
  • Section   I Business Visitors 10
  • Section   II Traders and Investors 10
  • Section   III Intra-Company Transferees 10
  • Section   IV Professionals 10
  • Annex K-03.1  10
  • Appendix K-03.1.1  10
  • Appendix K.03.I.3  10
  • Appendix K-03.IV.1  10
  • Appendix K-03.IV.4  11
  • Part   Seven ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 11
  • Chapter   L PUBLICATION, NOTIFICATION AND ADMINISTRATION OF LAWS 11
  • Article   L-01 Contact Points 11
  • Article   L-02 Publication 11
  • Article   L-03 Notification and Provision of Information 11
  • Article   L-04 Administrative Proceedings 11
  • Article   L-05 Review and Appeal 11
  • Article   L-06 Definitions 11
  • Chapter   M ANTI-DUMPING AND COUNTERVAILING DUTY MATTERS 11
  • Article   M-01 Reciprocal Exemption from the Application of Anti-dumping Duty Laws 11
  • Article   M-02 Rules of Origin 11
  • Article   M-03 Phase-in Provisions 11
  • Article   M-04 Exceptional Circumstances 11
  • Article   M-05 Committee on Anti-dumping and Countervailing Measures 11
  • Article   M-06 Review 11
  • Article   M-07 Dispute Resolution 11
  • Article   M-08 Definitions 11
  • Chapter   N INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES 11
  • Section   I Institutions 11
  • Article   N-01 The Free Trade Commission 11
  • Article   N-02 The Secretariat 12
  • Section   II Dispute Settlement 12
  • Article   N-03 Cooperation 12
  • Article   N-04 Recourse to Dispute Settlement Procedures 12
  • Article   N-05 WTO Dispute Settlement 12
  • Article   N-06 Consultations 12
  • Article   N-07 Commission - Good Offices, Conciliation and Mediation 12
  • Article   N-08 Request for an Arbitral Panel 12
  • Article   N-09 Roster 12
  • Article   N-10 Qualifications of Panelists 12
  • Article   N-11 Panel Selection 12
  • Article   N-12 Rules of Procedure 12
  • Article   N-13 Role of Experts 12
  • Article   N-14 Scientific Review Boards 12
  • Article   N-15 Initial Report 12
  • Article   N-16 Final Report 12
  • Article   N-17 Implementation of Final Report 12
  • Article   N-18 Non-Implementation - Suspension of Benefits 12
  • Section   III Domestic Proceedings and Private Commercial Dispute Settlement 12
  • Article   N-19 Referrals of Matters from Judicial or Administrative Proceedings 12
  • Article   N-20 Private Rights 12
  • Article   N-21 Alternative Dispute Resolution 12
  • Annex N-01.2  Committees and Working Groups 12
  • Annex N-02.2  Remuneration and Payment of Expenses 12
  • Annex N-04  Nullification and Impairment 13
  • Part   Five OTHER PROVISIONS 13
  • Chapter   O EXCEPTIONS 13
  • Article   O-01 General Exceptions 13
  • Article   O-02 National Security 13
  • Article   O-03 Taxation 13
  • Article   O-04 Balance of Payments 13
  • Article   O-05 Disclosure of Information 13
  • Article   O-06 Cultural Industries 13
  • Article   O-07 Definitions 13
  • Annex O-03.1  Double Taxation 13
  • Annex O-03.6  Competent Authorities 13
  • Chapter   P FINAL PROVISIONS 13
  • Article   P-01 Annexes, Appendices and Notes 13
  • Article   P-02 Amendments 13
  • Article   P-03 Entry Into Force 13
  • Article   P-04 Accession of Chile to the NAFTA 13
  • Article   P-05 Duration and Termination 13
  • Article   P-06 Authentic Texts 13
  • Annex I  Reservations for Existing Measures and Liberalization Commitments (Chapters G and H) 13
  • Annex I  Schedule of Canada 13
  • Annex I  Schedule of Chile 18
  • Annex II  Reservation for Future Measures 21
  • Annex II  Schedule of Canada (Chapters G and H) 21
  • Annex II  Schedule of Chile 22
  • Annex III  Exceptions to Most-Favored-Nation Treatment (Chapter G) 23
  • Annex III  Schedule of Canada 23
  • Annex III  Schedule of Chile 24
  • Canada-Chile Agreement on Environmental Cooperation 24
  • Preamble 24
  • Part   One Objectives 24
  • 1 Objectives 24
  • Part   Two Obligations 24
  • Part   Three Canada-Chile Commission for Environmental Cooperation 24
  • Part   Four Cooperation and Provision of Information 25
  • Part   Five Consultation and Resolution of Disputes 25
  • Part   Six General Provisions 26
  • Part   Seven Final Provisions 26
  • Agreement on Labour Cooperation Between the Government of Canada and the Government of the Republic of Chile 26