Canada - Chile FTA (1996)
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(b) the UNCITRAL Arbitration Rules if the arbitration is under those Rules.

Article G-32. Governing Law

1 A Tribunal established under this Section shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law.

2. An interpretation by the Commission of a provision of this Agreement shall be binding on a Tribunal established under this Section.

Article G-33. Interpretation of Annexes

1. Where a disputing Party asserts as a defense that the measure alleged to be a breach is within the scope of a reservation or exception set out in Annex I, Annex II or Annex III, on request of the disputing Party, the Tribunal shall request the interpretation of the Commission on the issue. The Commission, within 60 days of delivery of the request, shall submit in writing its interpretation to the Tribunal.

2. Further to Article G-32(2), a Commission interpretation submitted under paragraph 1 shall be binding on the Tribunal. If the Commission fails to submit an interpretation within 60 days, the Tribunal shall decide the issue.

Article G-34. Expert Reports

Without prejudice to the appointment of other kinds of experts where authorized by the applicable arbitration rules, a Tribunal, at the request of a disputing party or, unless the disputing parties disapprove, on its own initiative, may appoint one or more experts to report to it in writing on any factual issue concerning environmental, health, safety or other scientific matters raised by a disputing party in a proceeding, subject to such terms and conditions as the disputing parties may agree.

Article G-35. Interim Measures of Protection

A Tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the Tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the Tribunal's jurisdiction. A Tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in Article G-17 or G-18. For purposes of this paragraph, an order includes a recommendation.

Article G-36. Final Award

1. Where a Tribunal makes a final award against a Party, the Tribunal may award, separately or in combination, only:

(a) monetary damages and any applicable interest;

(b) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution. A Tribunal may also award costs in accordance with the applicable arbitration rules.

2. Subject to paragraph 1, where a claim is made under Article G-18(1):

(a) an award of restitution of property shall provide that restitution be made to the enterprise;

(b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and

(c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law.

3. A Tribunal may not order a Party to pay punitive damages.

Article G-37. Finality and Enforcement of an Award

1. An award made by a Tribunal shall have no binding force except between the disputing parties and in respect of the particular case.

2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay.

3. A disputing party may not seek enforcement of a final award until:

(a) in the case of a final award made under the ICSID Convention

(i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or

(ii) revision or annulment proceedings have been completed; and

(b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules

(i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or

(ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal.

4. Each Party shall provide for the enforcement of an award in its territory.

5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article N-08 (Request for an Arbitral Panel). The requesting Party may seek in such proceedings:

(a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and

(b) a recommendation that the Party abide by or comply with the final award.

6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 5.

7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention.

Article G-38. General

Time when a Claim is Submitted to Arbitration

1. A claim is submitted to arbitration under this Section when:

(a) the request for arbitration under paragraph (1) of Article 36 of the ICSID Convention has been received by the Secretary-General;

(b) the notice of arbitration under Article 2 of Schedule C of the ICSID Additional Facility Rules has been received by the Secretary-General; or

(c) the notice of arbitration given under the UNCITRAL Arbitration Rules is received by the disputing Party.

Service of Documents

2. Delivery of notice and other documents on a Party shall be made to the place named for that Party in Annex G-38.2.

Receipts under Insurance or Guarantee Contracts

3. Tn an arbitration under this Section, a Party shall not assert, as a defense, counterclaim, right of setoff or otherwise, that the disputing investor has received or will receive, pursuant to an insurance or guarantee contract, indemnification or other compensation for all or part of its alleged damages.

Publication of an Award

4. Annex G-38.4 applies to the Parties specified in that Annex with respect to publication of an award.

Article G-39. Exclusions

1 Without prejudice to the applicability or non-applicability of the dispute settlement provisions of this Section or of Chapter N (Institutional Arrangements and Dispute Settlement Procedures) to other actions taken by a Party pursuant to Article O-02 (National Security), a decision by a Party to prohibit or restrict the acquisition of an investment in its territory by an investor of the other Party, or its investment, pursuant to that Article shall not be subject to such provisions.

2. The dispute settlement provisions of this Section and of Chapter N shall not apply to the matters referred to in Annex G-39.2.

Section III. Definitions

Article G-40. Definitions

For purposes of this Chapter:

disputing investor means an investor that makes a claim under Section I;

disputing parties means the disputing investor and the disputing Party;

disputing Party means a Party against which a claim is made under Section II;

disputing party means the disputing investor or the disputing Party;

energy and basic petrochemical goods refer to those goods classified under the Harmonized System as:

(a) subheading 2612.10;

(b) headings 27.01 through 27.06;

(c) subheading 2707.50;

(d) subheading 2707.99 (only with respect to solvent naphtha, rubber extender oils and carbon black feedstocks);

(e) headings 27.08 and 27.09;

(f) heading 27.10 (except for normal paraffin mixtures in the range of C9 to C15);

(g) heading 27.11 (except for ethylene, propylene, butylene and butadiene in purities over 50 percent);

(h) headings 27.12 through 27.16;

(i) subheadings 2844.10 through 2844.50 (only with respect to uranium compounds classified under those subheadings);

(j) subheadings 2845.10; and

(k) subheading 2901.10 (only with respect to ethane, butanes, pentanes, hexanes, and heptanes);

energy regulatory measure means any measure by governmental entities that directly affects the transportation, transmission or distribution, purchase or sale, of an energy or basic petrochemical good;

enterprise means an "enterprise" as defined in Article B-01 (Definitions of General Application), and a branch of an enterprise;

enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there. equity or debt securities includes voting and non-voting shares, bonds, convertible debentures, stock options and warrants;

existing means in effect on January 1, 1994 for Canada and December 29, 1995 for Chile;

financial institution means any financial intermediary or other enterprise that is authorized to do business and regulated or supervised as a financial institution under the

law of the Party in whose territory it is located;

G7 currency means the currency of Canada, France, Germany, Italy, Japan, the United Kingdom of Great Britain and Northern Ireland or the United States of America;

ICSID means the International Centre for Settlement of Investment Disputes;

ICSID Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, done at Washington, March 18, 1965;

Inter-American Convention means the Inter-American Convention on International Commercial Arbitration, done at Panama, January 30, 1975;

investment means:

(a) an enterprise;

(b) an equity security of an enterprise;

(c) a debt security of an enterprise

(i) where the enterprise is an affiliate of the investor, or

(ii) where the original maturity of the debt security is at least three years, but does not include a debt security, regardless of original maturity, of a state enterprise;

(d) a loan to an enterprise

(i) where the enterprise is an affiliate of the investor, or

(ii) where the original maturity of the loan is at least three years, but does not include a loan, regardless of original maturity, to a state enterprise;

(e) an interest in an enterprise that entitles the owner to share in income or profits of the enterprise;

(f) an interest in an enterprise that entitles the owner to share in the assets of that enterprise on dissolution, other than a debt security or a loan excluded from subparagraph (c) or (d);

(g) real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes; and

(h) interests arising from the commitment of capital or other resources in the territory of a Party to economic activity in such territory, such as under

(i) contracts involving the presence of an investor's property in the territory of the Party, including turnkey or construction contracts, or concessions, or

(ii) contracts where remuneration depends substantially on the production, revenues or profits of an enterprise; but investment does not mean,

(i) claims to money that arise solely from

(i) commercial contracts for the sale of goods or services by a national or enterprise in the territory of a Party to an enterprise in the territory of the other Party, or

(ii) the extension of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by subparagraph (d); or

(j) any other claims to money, that do not involve the kinds of interests set out in subparagraphs (a) through (h); or

(k) with respect to "loans" and "debt securities" referred to in subparagraphs (c) and (d) as it applies to investors of the other Party, and investments of such investors, in financial institution in the Party's territory

(i) a loan or debt security issued by a financial institution that is not treated as regulatory capital by the Party in whose territory the financial institution is located,

(ii) a loan granted by or debt security owned by a financial institution, other than a loan to or debt security of a financial institution referred to in subparagraph (i), and

(iii) a loan to, or debt security issued by, a Party or a state enterprise thereof;

investment of an investor of a Party means an investment owned or controlled directly or indirectly by an investor of such Party;

investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment;

investor of a non-Party means an investor other than an investor of a Party, that seeks to make, is making or has made an investment;

New York Convention means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958;

person of a Party means "person of a Party" as defined in Chapter B (General Definitions) except that with respect to Article G-01(2) and (3), "persons of a Party" does not include a branch of an enterprise of a non-Party;

Secretary-General means the Secretary-General of ICSID;

transfers means transfers and international payments;

Tribunal means an arbitration tribunal established under Article G-21 or G-27; and

UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law, approved by the United Nations General Assembly on December 15, 1976.

Annex G-01.3(b). Further Liberalization

If the negotiations for Chile's accession to NAFTA have not been engaged within 15 months of the entry into force of this Agreement, the Parties shall commence negotiations with a view to entering into an agreement, based on Chapter 14 on Financial Services of the NAFTA, by no later than April 30, 1999.

Annex G-04.2. Standard of Treatment

1. Chile shall accord to an investor of Canada or an investment of such investor that is party to an investment contract pursuant to Decree Law 600 of 1974 ("Decreto Ley 600 de 1974"), the better of the treatment required under this Agreement or granted under the contract pursuant to the said Decree Law.

2. Chile shall permit an investor of Canada or an investment or such investor, referred to in paragraph 1, to amend the investment contract in order to reflect the rights and obligations of this Agreement.

Annex G-09.1.

1. For the purpose of preserving the stability of its currency, Chile reserves the right:

(a) to maintain existing requirements that transfers from Chile of proceeds from the sale of all or any part of an investment of an investor of Canada or from the partial or complete liquidation of the investment may not take place until a period not to exceed

(i) in the case of an investment made pursuant to Law 18.657 Foreign Capital Investment Fund Law("Ley 18.657, Ley Sobre Fondo de Inversiones de Capitales Extranjeros"), five years has elapsed from the date of transfer to Chile, or

(ii) subject to subparagraph (c)

(iii), in all other cases, one year has elapsed from the date of transfer to Chile;

(b) to apply a reserve requirement pursuant to Article 49 No. 2 of Law 18.840, Organic Law of the Central Bank of Chile, ("Ley 18.840, Ley Orgánica del Banco Central de Chile") on an investment of an investor of Canada, other than foreign direct investment, and on foreign credits relating to an investment, provided that such a reserve requirement shall not exceed 30 per cent of the amount of the investment, or the credit, as the case may be;

(c) to adopt

(i) measures imposing a reserve requirement referred to in (b) for a period which shall not exceed two years from the date of transfer to Chile,

(ii) any reasonable measure consistent with paragraph 3 necessary to implement or to avoid circumvention of the measures under (a) or (b), and

(iii) measures, consistent with Article G-09 and this Annex, establishing future special voluntary investment programs in addition to the general regime for foreign investment in Chile, except that any such measures may restrict transfers from Chile of proceeds from the sale of all or any part of an investment of an investor of Canada or from the partial or complete liquidation of the investment for a period not to exceed 5 years from the date of transfer to Chile; and

(d) to apply, pursuant to the Law 18.840, measures with respect to transfers relating to an investment of an investor of Canada that

(i) require that foreign exchange transactions for such transfers take place in the Formal Exchange Market,

(ii) require authorization for access to the Formal Exchange Market to purchase foreign currency, at the rate agreed upon by the parties to the transaction, which access shall be granted without delay when such transfers are:

(A) payments for current international transactions,

(B) proceeds from the sale of all or any part, and from the partial or complete liquidation of an investment of an investor of Canada, or

(C) payments pursuant to a loan provided they are made in accordance with the maturity dates originally agreed upon in the loan agreement, and

(iii) require that foreign currency be converted into Chilean pesos, at the rate agreed upon by the parties to the transaction, except for transfers referred to in (ii) (A) through (C) which are exempt from this requirement.

2. Where Chile proposes to adopt a measure referred to in paragraph 1(c), Chile shall, to the extent practicable:

(a) provide in advance to Canada the reasons for the proposed adoption of the measure as well as any relevant information in relation to the measure; and

(b) provide Canada with a reasonable opportunity to comment on the proposed measure.

3. A measure that is consistent with this Annex but inconsistent with Article G-02, shall be deemed not to contravene Article G-02 provided that, as required under existing Chilean law, it does not discriminate among investors that enter into transactions of the same nature.

4. This Annex applies to Law 18.840, to the Decree Law 600 of 1974 ("Decreto Ley 600 de 1974") to Law 18.657 and any other law establishing a future special voluntary investment program consistent with sub-paragraph 1(c)(iii) and to the continuation or prompt renewal of such laws, and to amendments to those laws, to the extent that any such amendment does not decrease the conformity of the amended law with Article G-09(1) as it existed immediately before the amendment.

5. For the purposes of this Annex:

Chilean juridical personmeans an enterprise that is constituted or organized in Chile for profit in a form which under Chilean law is recognized as being a juridical person;

date of transfer means the settlement date when the funds that constitute the investment were converted into Chilean pesos, or the date of the importation of the equipment and technology;

existing means in effect on October 24, 1996;

foreign credit means any type of debt financing originating in foreign markets whatever its nature, form or maturity period;

foreign direct investment means an investment of an investor of Canada, other than a foreign credit, made in order:

(a) to establish a Chilean juridical person or to increase the capital of an existing Chilean juridical person with the purpose of producing an additional flow of goods or services, excluding purely financial flows; or

(b) to acquire equity of an existing Chilean juridical person and to participate in its management, but excludes such an investment that is of a purely financial character and that is designed only to gain indirect access to the financial market of Chile;

Formal Exchange Market means the market constituted by the banking entities and other institutions authorized by the competent authority; and

payments for current international transactions means "payments for current international transactions" as defined under the Articles of Agreement of the International Monetary Fund, and for greater certainty, does not include payments of principal pursuant to a loan which are not made in accordance with the maturity dates originally agreed upon in the loan agreement.

  • 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