Chile - Japan EPA (2007)
Previous page Next page

(c) the factual basis for the complaint.

5. The date of the establishment of an arbitral tribunal shall be the date on which the chair is appointed.

Article 179. Terms of Reference of Arbitral Tribunals

Unless the Parties otherwise agree within 20 days from the date of receipt of the request for the establishment of the arbitral tribunal, the terms of reference of the arbitral tribunal shall be:

"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitral tribunal pursuant to Article 178, to make findings of law and fact together with the reasons therefor and to issue an award for the resolution of the dispute."

Article 180. Composition of Arbitral Tribunals

1. An arbitral tribunal shall comprise three arbitrators.

2. Each Party shall, within 30 days after the date of receipt of the request for the establishment of an arbitral tribunal, appoint one arbitrator who may be its national and propose up to three candidates to serve as the third arbitrator who shall be the chair of the arbitral tribunal. The third arbitrator shall not be a national of either Party, nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity.

3. The Parties shall agree on and appoint the third arbitrator within 45 days after the date of receipt of the request for the establishment of an arbitral tribunal, taking into account the candidates proposed pursuant to paragraph 2.

4. If a Party has not appointed an arbitrator pursuant to paragraph 2 or if the Parties fail to agree on and appoint the third arbitrator pursuant to paragraph 3, the arbitrator or arbitrators not yet appointed shall be chosen within seven days by lot from the candidates proposed pursuant to paragraph 2.

5. All arbitrators shall:

(a) have expertise or experience in law, international trade or other matters covered by this Agreement;

(b) be chosen strictly on the basis of objectivity, reliability and sound judgment;

(c) be independent of, and not be affiliated with or receives instructions from, the Government of either Party; and

(d) comply with a code of conduct, to be provided in the Rules of Procedures referred to in Article 187.

6. If an arbitrator appointed under this Article dies, becomes unable to act or resigns, a successor shall be appointed within 15 days in accordance with the appointment procedure provided for in paragraphs 2, 3 and 4, which shall be applied, respectively, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended for a period beginning on the date the original arbitrator dies, becomes unable to act or resigns and ending on the date the successor is appointed.

Article 181. Functions of Arbitral Tribunals

1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement, and make such other findings and rulings necessary for the resolution of the dispute.

2. The arbitral tribunal should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.

Article 182. Proceedings of Arbitral Tribunals

1. The arbitral tribunal shall meet in closed session.

2. The Parties shall be given the opportunity to attend any of the presentations, statements or rebuttals in the proceedings. Any information or written submissions submitted by a Party to the arbitral tribunal, including any comments on the draft award and responses to questions put by the arbitral tribunal, shall be made available to the other Party.

3. The arbitral tribunal shall make its decisions, including its award, by consensus but may also make its decisions, including its award, by majority vote.

4. The arbitral tribunal may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter.

5. The deliberations of the arbitral tribunal and the documents submitted to it shall be kept confidential.

6. Notwithstanding paragraph 5, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential, information and written submissions submitted by the other Party to the arbitral tribunal which that other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, upon request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.

7. Each Party shall bear the cost of its appointed arbitrator and its own expenses. The cost of the chair of an arbitral tribunal and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares.

Article 183. Suspension or Termination of Proceedings

1. The Parties may agree that the arbitral tribunal suspends its work at any time for a period not exceeding 12 months from the date of such agreement. In the event of such a suspension, the time-frames set out in paragraphs 2, 5 and 7 of Article 184 and paragraph 7 of Article 186 shall be extended by the amount of time that the work was suspended. If the work of the arbitral tribunal has been suspended for more than 12 months, the authority for establishment of the arbitral tribunal shall lapse unless the Parties agree otherwise.

2. The Parties may agree to terminate the proceedings of the arbitral tribunal by jointly so notifying the chair of the arbitral tribunal at any time before the issuance of the award to the Parties.

Article 184. Award

1. The award of the arbitral tribunal shall be drafted without the presence of the Parties, and in the light of the information provided and the statements made, and the relevant provisions of this Agreement.

2. The arbitral tribunal shall, within 120 days, or within 60 days in cases of urgency, including those which concern perishable goods, after the date of its establishment, submit to the Parties its draft award.

3. The draft award shall contain both the descriptive part and the findings, conclusions and decisions of the arbitral tribunal, for the purposes of enabling the Parties to review precise aspects of the draft award.

4. When the arbitral tribunal considers that it cannot submit its draft award within the aforementioned 120 days or 60 days period, it may extend that period with the consent of the Parties.

5. A Party may provide written comments to the arbitral tribunal on its draft award within 15 days after the date of submission of the draft award.

6. After considering any written comments on the draft award, the arbitral tribunal may reconsider its draft award and make any further examination it considers appropriate.

7. The arbitral tribunal shall issue its award, within 30 days after the date of submission of the draft award.

8. The award of the arbitral tribunal shall be available to the public within 15 days after the date of issuance, subject to the requirement to protect confidential information.

9. The award of the arbitral tribunal shall be final and binding on the Parties.

Article 185. Implementation of Award

1. Unless the Parties agree otherwise, the Party complained against shall comply with the award of the arbitral tribunal referred to in Article 184 immediately. If this is not practicable, the Party complained against shall comply with the award within a reasonable period of time.

2. The reasonable period of time referred to in paragraph 1 shall be mutually determined by the Parties. Where the Parties fail to agree on the reasonable period of time within 45 days after the date of issuance of the award of the arbitral tribunal referred to in Article 184, either Party may refer the matter to an arbitral tribunal, which shall determine the reasonable period of time.

3. Where there is disagreement between the Parties as to whether the Party complained against has complied with the award of the arbitral tribunal referred to in Article 184 within the reasonable period of time as determined pursuant to paragraph 2, either Party may refer the matter to an arbitral tribunal.

Article 186. Non-Implementation - Compensation and Suspension of Concessions or other Obligations

1. If the Party complained against notifies the complaining Party that it is impracticable, or the arbitral tribunal to which the matter is referred pursuant to paragraph 3 of Article 185 confirms that the Party complained against has failed, to comply with the award within the reasonable period of time as determined pursuant to paragraph 2 of Article 185, the Party complained against shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensation.

2. If there is no agreement on satisfactory compensation within 20 days after the date of receipt of the request mentioned in paragraph 1, the complaining Party may suspend the application to the Party complained against of concessions or other obligations under this Agreement, after giving notification of such suspension 30 days in advance.

3. The compensation referred to in paragraph 1 and the suspension referred to in paragraph 2 shall be temporary measures. Neither compensation nor suspension is preferred to full compliance with the award. The suspension shall only be applied until such time as the award is fully complied with, or a mutually satisfactory solution is reached.

4. In considering what concessions or other obligations to suspend pursuant to paragraph 2:

(a) the complaining Party should first seek to suspend concessions or other obligations with respect to the same sector(s) as that in which the arbitral tribunal referred to in Article 184 has found a failure to comply with the obligations under this Agreement, or nullification or impairment of benefits in the sense of paragraph 2 of Article 178; and

(b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the same sector(s), it may suspend concessions or other obligations with respect to other sectors. The notification of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based.

5. The level of suspension referred to in paragraph 2 shall be equivalent to the level of the nullification or impairment.

6. If the Party complained against considers that the requirements for the suspension of concessions or other obligations by the complaining Party set out in paragraph 2, 3, 4 or 5 have not been met, it may refer the matter to an arbitral tribunal.

7. The arbitral tribunal that is established for the purposes of this Article or Article 185 shall, wherever possible, have, as its arbitrators, the arbitrators of the original arbitral tribunal. If this is not possible, then the arbitrators to the arbitral tribunal that is established for the purposes of this Article or Article 185 shall be appointed pursuant to Article 180. The arbitral tribunal established under this Article or Article 185 shall issue its award within 60 days after the date when the matter is referred to it. When the arbitral tribunal considers that it cannot issue its award within the aforementioned 60 days period, it may extend that period for a maximum of 30 days with the consent of the Parties. The award shall be available to the public within 15 days after the date of issuance, subject to the requirement to protect confidential information. The award shall be final and binding on the Parties.

Article 187. Rules of Procedures

The Commission shall adopt the Rules of Procedures which provide for the details of the rules and procedures of arbitral tribunals established under this Chapter, upon the entry into force of this Agreement.

Article 188. Modification of Rules and Procedures

Any time period, or other rules and procedures for arbitral tribunals, provided for in this Chapter, including the Rules of Procedures referred to in Article 187, may be modified by mutual consent of the Parties.

Chapter 17. Commission

Article 189. Establishment of the Commission

The Parties hereby establish a Commission which shall be co-chaired by Ministers or senior officials of the Parties.

Article 190. Functions of the Commission

1. The Commission shall: (a) review and monitor, and consider any matters relating to, the implementation, interpretation and operation of this Agreement;

(b) consider and recommend to the Parties any amendments to this Agreement;

(c) supervise and coordinate the work of all committees and working groups established under this Agreement;

(d) adopt:

(i) modifications to Annex 15;

(ii) the Operational Procedures referred to in Article 52;

(iii) an interpretation of a provision of this Agreement referred to in Articles 93 and 94;

(iv) the Rules of Procedures referred to in Article 187; and

(v) any necessary decisions; and

(e) carry out other functions as the Parties may agree.

2. The Commission may establish committees and working groups, refer matters to any committee or working group for advice, delegate its responsibilities to any committee or working group, and consider matters raised by any committee or working group.

Article 191. Rules and Procedures of the Commission

1. The Commission shall establish its rules and procedures.

2. Decisions of the Commission shall be taken by mutual agreement.

3. The Commission shall meet at such venues and times as may be agreed by the Parties.

Chapter 18. Exceptions

Article 192. General Exceptions

1. For the purposes of Chapters 3, 4, 5, 6, 7 and 8 other than Article 76, Article XX of the GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis.

2. For the purposes of Chapters 8 other than Article 76, 9, 10 and 11, Article XIV of the GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.

Article 193. Security Exceptions

Nothing in this Agreement other than Article 76 shall be construed:

(a) to require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests;

(b) to prevent a Party from taking any actions which 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 in other goods and materials, or such supply of services, as is carried on directly or indirectly for the purpose of supplying or provisioning a military establishment;

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

(iii) relating to fissionable and fusionable materials or the materials from which they are derived; or

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

Article 194. Taxation

1. Except as otherwise provided for in this Article, nothing in this Agreement shall apply to taxation measures.

Note: The term "taxation measures" shall not include:

(a) a customs duty as defined in subparagraph (d) of Article 28;

(b) an anti-dumping or countervailing duty referred to in subparagraph (d) (ii) of Article 28; and

(c) fees or charges referred to in subparagraph (d) (iii) of Article 28.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under the provisions relating to any taxation measures in any other international agreements to which both Parties are parties.

3. Article 13 shall apply to taxation measures to the same extent as Article III of the GATT 1994.

4. Articles 107 and 108 shall apply to taxation measures to the same extent as covered by the GATS.

5. (a) Article 82 shall apply to taxation measures except that no investor may invoke Article 82 as the basis for a claim under Article 89, where it has been determined pursuant to subparagraph (b) that the measure is not an expropriation.

(b) The investor shall refer the issue, at the time that it delivers the notice of intent under Article 89, to the competent authorities of both Parties, through the contact points referred to in Article 10, to determine whether such measure is not an expropriation. If the competent authorities of both Parties do not consider the issue or, having considered it, fail to determine that the measure is not an expropriation within a period of 180 days of such referral, the investor may submit its claim to arbitration under Article 89.

(c) For the purposes of subparagraph (b), the term "competent authorities" means:

(i) with respect to Japan, the Minister of Finance or his or her authorized representative, who shall consider the issue in consultation with the Minister of Foreign Affairs or his or her authorized representative; and

(ii) with respect to Chile, the Director of the Internal Revenue Service, Ministry of Finance (Director del Servicio de Impuestos Internos, Ministerio de Hacienda) .

Chapter 19. Final Provisions

Article 195. Annexes and Notes

The Annexes and Notes to this Agreement shall constitute an integral part of this Agreement.

Article 196. Headings

The headings of the Chapters, Sections and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.

Article 197. Amendments

1. This Agreement may be amended by agreement between the Parties.

2. Any amendment shall be approved by the Parties in accordance with their respective legal procedures. Such amendment shall enter into force on the date to be agreed upon by the Parties.

3. Notwithstanding paragraph 2, amendments relating only to Annex 2 or 4 may be made by exchange of diplomatic notes.

Note: In the case of Chile, the amendments under paragraph 3 shall be made as an Executive Agreement (Acuerdo de Ejecución) in accordance with the Political Constitution of the Republic of Chile (Constitución Política de la República de Chile).

Article 198. Entry Into Force

This Agreement shall enter into force on the thirtieth day after the date of exchange of diplomatic notes informing each other that their respective legal procedures necessary for entry into force of this Agreement have been completed. It shall remain in force unless terminated as provided for in Article 199.

Article 199. Termination

Either Party may terminate this Agreement by giving one year's advance notice in writing to the other Party.

Conclusion

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

DONE at Tokyo, on this twenty-seventh day of March in the year 2007 in duplicate in the English language.

For Japan:

For the Republic of Chile:

Attachments

Annex 5. referred to in Chapters 8 and 10 Decree Law 600

1. The obligations and commitments contained in Chapters 8 and 10, do not apply to Decree-Law 600, Foreign Investment Statute (Decreto Ley 600, Estatuto de la Inversión Extranjera) (hereinafter referred to in this Annex as "DL 600"), to Law 18.657, Foreign Capital Investment Fund Law (Ley 18.657, Ley de Fondos de Inversión de Capital Extranjero), to the continuation or prompt renewal of such laws, to amendments to those laws or to any special and/or voluntary investment regime that may be adopted in the future by Chile.

2. For greater certainty, it is understood that the Foreign Investment Committee of Chile has the right to reject applications to invest through DL 600 and Law 18.657. Additionally, the Foreign Investment Committee has the right to regulate the terms and conditions of foreign investment under DL 600 and Law 18.657.

3. Notwithstanding paragraphs 1 and 2, Chile shall accord to an investor of Japan or its investment that is a party to an investment contract under DL 600, the better of the treatment required under Section 1 of Chapter 8, and Chapter 10, or the treatment under the investment contract.

4. Chile shall permit an investor of Japan or its investment that has entered into an investment contract under DL 600 to amend the investment contract to make it consistent with the obligation referred to in paragraph 3.

Annex 6. referred to in Chapters 8 and 9 Reservations for Existing Measures

1. The Schedule of a Party sets out, pursuant to paragraph 1 of Article 79 and paragraph 1 of Article 110, the reservations taken by that Party with respect to existing measures that do not conform with obligations imposed by:

(a) Article 73 or 107;

(b) Article 74 or 108;

(c) Article 77;

(d) Article 78; or

(e) Article 109.

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, and only for transparency purposes, to the activity covered by the reservation according to domestic or international industry classification codes;

(d) "Type of Reservation" specifies the obligations referred to in paragraph 1 for which the reservation is taken;

(e) "Level of Government" indicates the level of government maintaining the measure for which the reservation is taken;

(f) "Measures" identifies the existing laws, regulations or other measures 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; and

(g) "Description" sets out, with regard to the obligations referred to in paragraph 1, the non-conforming aspects of the existing measures for which the reservation is taken.

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, and the "Measures" element shall prevail over all other elements.

4. In accordance with subparagraph 1(a) of Article 79 and subparagraph 1(a) of Article 110, the obligations specified in the "Type of Reservation" element do not apply to the laws, regulations or other measures identified in the "Measures" element.

5. Where a Party maintains a measure that requires that a service supplier be a natural person or resident of that Party as a condition to the supply of a service in its Area, a reservation for that measure taken with respect to Article 107, 108 or 109 shall operate as a reservation with respect to Article 73, 74 or 77 to the extent of that measure.

6. For the purposes of this Annex:

(a) the term "JSIC" means Japan Standard Industrial Classification set out by the Statistics Bureau, Ministry of Internal Affairs and Communications, and revised on March 7, 2002; and

  • Chapter   1 General Provisions 1
  • Article   1 Establishment of a Free-Trade Area 1
  • Article   2 Objectives 1
  • Article   3 Relation to other Agreements 1
  • Article   4 Publication 1
  • Article   5 Notification 1
  • Article   6 Public Comment 1
  • Article   7 Administrative Procedures 1
  • Article   8 Review and Appeal 1
  • Article   9 Confidential Information 1
  • Article   10 Contact Points 1
  • Chapter   2 General Definitions 1
  • Article   11 General Definitions 1
  • Chapter   3 Trade In Goods 1
  • Section   1 General Rules 1
  • Article   12 Classification of Goods 1
  • Article   13 National Treatment 1
  • Article   14 Elimination of Customs Duties 1
  • Article   15 Customs Valuation 1
  • Article   16 Export Duties 1
  • Article   17 Agricultural Export Subsidies 1
  • Article   18 Import and Export Restrictions 1
  • Article   19 Restrictions to Safeguard the Balance of Payments 1
  • Section   2 Bilateral Safeguard Measures 1
  • Article   20 Bilateral Safeguard Measures 1
  • Article   21 Investigation Procedures 1
  • Article   22 Conditions and Limitations 1
  • Article   23 Notification 1
  • Article   24 Consultations and Compensation 1
  • Article   25 Provisional Bilateral Safeguard Measures 1
  • Article   26 Miscellaneous 1
  • Section   3 Other Provisions 2
  • Article   27 Committee on Trade In Goods 2
  • Article   28 Definitions 2
  • Chapter   4 Rules of Origin 2
  • Section   1 Rules of Origin 2
  • Article   29 Originating Goods 2
  • Article   30 Qualifying Value Content 2
  • Article   31 Value of Materials 2
  • Article   32 De Minimis 2
  • Article   33 Accumulation 2
  • Article   34 Fungible Goods and Materials 2
  • Article   35 Sets, Kits or Composite Goods 2
  • Article   36 Indirect Materials 2
  • Article   37 Accessories, Spare Parts and Tools 2
  • Article   38 Packaging Materials and Containers for Retail Sale 2
  • Article   39 Packing Materials and Containers for Shipment 2
  • Article   40 Non-Qualifying Operations 2
  • Article   41 Consignment Criteria 2
  • Article   42 Exhibitions 2
  • Section   2 Certificate of Origin and Related Procedures 2
  • Article   43 Claim for Preferential Tariff Treatment 2
  • Article   44 Certificate of Origin 2
  • Article   45 Obligations Regarding Exportations 3
  • Article   46 Obligations Regarding Importations 3
  • Article   47 Request for Checking of Certificate of Origin 3
  • Article   48 Verification Visit 3
  • Article   49 Determination of Origin and Preferential Tariff Treatment 3
  • Article   50 Penalties and Measures Against False Declaration 3
  • Article   51 Transitional Provision for Goods In Transit or Storage 3
  • Section   3 Other Provisions 3
  • Article   52 Operational Procedures 3
  • Article   53 Miscellaneous 3
  • Article   54 Definitions 3
  • Chapter   5 Customs Procedures 3
  • Article   55 Scope 3
  • Article   56 Transparency 3
  • Article   57 Customs Clearance 3
  • Article   58 Cooperation 3
  • Article   59 Penalties 3
  • Article   60 Committee on Customs Procedures 3
  • Article   61 Definition 3
  • Chapter   6 Sanitary and Phytosanitary Measures 3
  • Article   62 Scope 3
  • Article   63 Reaffirmation of Rights and Obligations 3
  • Article   64 Enquiry Points 3
  • Article   65 Working Group on SPS Measures 3
  • Article   66 Non-Application of Chapter 16 3
  • Chapter   7 Technical Regulations, Standards and Conformity Assessment Procedures 3
  • Article   67 Scope 3
  • Article   68 Reaffirmation of Rights and Obligations 3
  • Article   69 Cooperation 3
  • Article   70 Committee on Technical Regulations, Standards and Conformity Assessment Procedures 3
  • Article   71 Non-Application of Chapter 16 4
  • Chapter   8 Investment 4
  • Section   1 Investment 4
  • Article   72 Scope 4
  • Article   73 National Treatment 4
  • Article   74 Most -Favored-Nation Treatment 4
  • Article   75 General Treatment 4
  • Article   76 Protection from Strife 4
  • Article   77 Performance Requirements 4
  • Article   78 Senior Management and Boards of Directors 4
  • Article   79 Non-Conforming Measures 4
  • Article   80 Notification 4
  • Article   81 Transfers 4
  • Article   82 Expropriation and Compensation 4
  • Article   83 Subrogation 4
  • Article   84 Special Formalities and Information Requirements 4
  • Article   85 Temporary Safeguard Measures 4
  • Article   86 Denial of Benefits 4
  • Article   87 Environmental Measures 4
  • Section   2 Settlement of Investment Disputes between a Party and an Investor of the other Party 4
  • Article   88 Consultation and Negotiation 4
  • Article   89 Submission of a Claim to Arbitration 4
  • Article   90 Consent to Arbitration 5
  • Article   91 Conditions and Limitations on Consent 5
  • Article   92 Establishment of a Tribunal 5
  • Article   93 Governing Law 5
  • Article   94 Interpretation of Annexes 5
  • Article   95 Participation In Arbitration 5
  • Article   96 Place of Arbitration 5
  • Article   97 Preliminary Questions 5
  • Article   98 Insurance or Guarantee Contracts 5
  • Article   99 Interim Measures of Protection 5
  • Article   100 Expert Report 5
  • Article   101 Consolidation of Multiple Claims 5
  • Article   102 Proposed Award 5
  • Article   103 Award 5
  • Article   104 Service of Documents 5
  • Section   3 Definitions 5
  • Article   105 Definitions 5
  • Chapter   9 Cross-Border Trade In Services 5
  • Article   106 Scope 5
  • Article   107 National Treatment 6
  • Article   108 Most -Favored-Nation Treatment 6
  • Article   109 Local Presence 6
  • Article   110 Non-Conforming Measures 6
  • Article   111 Notification 6
  • Article   112 Authorization, Qualification, Technical Standard and Licensing 6
  • Article   113 Mutual Recognition 6
  • Article   114 Restrictions to Safeguard the Balance of Payments 6
  • Article   115 Denial of Benefits 6
  • Article   116 Definitions 6
  • Chapter   10 Financial Services 6
  • Article   117 Scope 6
  • Article   118 National Treatment 6
  • Article   119 Market Access for Financial Institutions 6
  • Article   120 Cross-Border Trade 6
  • Article   121 New Financial Services 6
  • Article   122 Treatment of Certain Information 6
  • Article   123 Exceptions 6
  • Article   124 Self-Regulatory Organizations 6
  • Article   125 Payment and Clearing Systems 6
  • Article   126 Committee on Financial Services 6
  • Article   127 Dispute Settlement 6
  • Article   128 Definitions 6
  • Chapter   11 Entry and Temporary Stay of Nationals for Business Purposes 7
  • Article   129 General Principles 7
  • Article   130 Scope 7
  • Article   131 Grant of Entry and Temporary Stay 7
  • Article   132 Provision of Information 7
  • Article   133 Dispute Settlement 7
  • Article   134 Measures Pursuant to Immigration Laws and Regulations 7
  • Article   135 Definitions 7
  • Chapter   12 Government Procurement 7
  • Article   136 Scope 7
  • Article   137 National Treatment and Non-Discrimination 7
  • Article   138 Valuation of Contracts 7
  • Article   139 Prohibition of Offsets 7
  • Article   140 Technical Specifications 7
  • Article   141 Tendering Procedures 7
  • Article   142 Qualification of Suppliers 7
  • Article   143 Notice of Procurement 7
  • Article   144 Time-Limits for Tendering 7
  • Article   145 Tender Documentation 7
  • Article   146 Awarding of Contracts 7
  • Article   147 Other Tendering Procedures 7
  • Article   148 Post-Award Information 7
  • Article   149 Challenge Procedures 8
  • Article   150 Use of Electronic Communications In Procurement 8
  • Article   151 Exceptions 8
  • Article   152 Rectifications or Modifications 8
  • Article   153 Privatization of Entities 8
  • Article   154 Denial of Benefits 8
  • Article   155 Further Negotiations 8
  • Article   156 Committee on Government Procurement 8
  • Article   157 Definition 8
  • Chapter   13 Intellectual Property 8
  • Article   158 General Provisions 8
  • Article   159 Streamlining of Procedural Matters 8
  • Article   160 Transparency 8
  • Article   161 Trademarks 8
  • Article   162 New Varieties of Plants 8
  • Article   163 Geographical Indications 8
  • Article   164 Enforcement 8
  • Article   165 Committee on Intellectual Property 8
  • Chapter   14 Competition 8
  • Article   166 General Provision 8
  • Article   167 Cooperation on Controlling Anti-competitive Activities 8
  • Article   168 Non-Discrimination 8
  • Article   169 Procedural Fairness 8
  • Article   170 Transparency 8
  • Article   171 Non-Application of Chapter 16 8
  • Chapter   15 Improvement of Business Environment 8
  • Article   172 Consultations for the Improvement of Business Environment 8
  • Article   173 Committee on Improvement of Business Environment 8
  • Article   174 Non-Application of Chapter 16 8
  • Chapter   16 Dispute Settlement 8
  • Article   175 Scope 8
  • Article   176 Choice of Dispute Settlement Procedure 8
  • Article   177 Consultations 8
  • Article   178 Establishment of Arbitral Tribunals 8
  • Article   179 Terms of Reference of Arbitral Tribunals 9
  • Article   180 Composition of Arbitral Tribunals 9
  • Article   181 Functions of Arbitral Tribunals 9
  • Article   182 Proceedings of Arbitral Tribunals 9
  • Article   183 Suspension or Termination of Proceedings 9
  • Article   184 Award 9
  • Article   185 Implementation of Award 9
  • Article   186 Non-Implementation - Compensation and Suspension of Concessions or other Obligations 9
  • Article   187 Rules of Procedures 9
  • Article   188 Modification of Rules and Procedures 9
  • Chapter   17 Commission 9
  • Article   189 Establishment of the Commission 9
  • Article   190 Functions of the Commission 9
  • Article   191 Rules and Procedures of the Commission 9
  • Chapter   18 Exceptions 9
  • Article   192 General Exceptions 9
  • Article   193 Security Exceptions 9
  • Article   194 Taxation 9
  • Chapter   19 Final Provisions 9
  • Article   195 Annexes and Notes 9
  • Article   196 Headings 9
  • Article   197 Amendments 9
  • Article   198 Entry Into Force 9
  • Article   199 Termination 9
  • Annex 5  referred to in Chapters 8 and 10 Decree Law 600 9
  • Annex 6  referred to in Chapters 8 and 9 Reservations for Existing Measures 9
  • Schedule of Japan 10
  • Schedule of Chile 13
  • Annex 7  referred to in Chapters 8 and 9 Reservations for Future Measures 15
  • Schedule of Japan 15
  • Schedule of Chile 16
  • Annex 8  referred to in Chapter 8 Transfers 16
  • Annex 9  referred to in Chapter 8 Expropriation 16