18. All arbitrators must be present at the hearings.
19. No later than 5 days before the date of the hearing, each Party shall provide a list of the names of the other representatives or advisers who will be present at the hearing.
20. The hearings of arbitral tribunals shall be closed to the public unless the Parties decide otherwise. If the Parties decide that the hearing shall be open to the public, a part of the hearing may nevertheless be closed to the public if the arbitral tribunal, at the request of the Parties, so decides for serious reasons. In particular, the arbitral tribunal shall meet in closed session when a Party's submission and arguments include confidential business information. If the hearing is open to the public, the date, time and place of the hearing shall be published by the Party in charge of the logistical administration of the proceeding.
21. The arbitral tribunal shall conduct the hearing in the following manner: arguments of the complaining Party; arguments of the Party complained against; counter-arguments of the Parties; reply of the complaining Party; reply of the Party complained against. The Chairperson may set time limits for oral interventions, ensuring that equal time is given to the complaining Party and the Party complained against.
22. The arbitral tribunal may put direct questions to any Party at any time during the hearing.
23. Within 10 days of the date of the hearing, each Party may submit a supplementary written submission on any matter that arose during the hearing.
Written questions
24. The arbitral tribunal may put questions in writing to any Party at any time during the proceedings. The arbitral tribunal shall deliver the written questions to the Party or Parties to whom they are addressed.
25. The Party to which the arbitral tribunal has addressed written questions shall deliver a copy of any written answer to the other Party and to the arbitral tribunal. Each Party shall be given the opportunity to provide written comments on the response within 5 days of the date of delivery of the response.
Confidentiality
26. The Parties shall maintain the confidentiality of the hearings to the extent that the arbitral tribunal conducts the hearings in closed session pursuant to Rule 19. Each Party shall treat as confidential information submitted by the other Party in confidence to the arbitral tribunal. Where a Party submits to the arbitral tribunal a confidential version of its written submissions, it shall also, at the request of the other Party, provide a non-confidential summary of the information contained in its written submissions that may be disclosed to the public no later than 15 days after the date of the request or of the filing of the written submission, whichever is later. Nothing in these rules shall prevent a Party from making public statements of its own position.
Contacts Ex Parte
27. The arbitral tribunal shall refrain from meeting or maintaining contact with a Party in the absence of the other Party.
28. No Party may contact any of the arbitrators in the absence of the other Party or the other arbitrators.
29. No arbitrator may discuss any matter relating to the proceedings with either or both Parties in the absence of the other arbitrators.
Role of experts
30. At the request of a Party or on its own initiative, the arbitral tribunal may obtain information and technical advice from such persons and entities as it deems appropriate. Any information so obtained shall be submitted to the Parties for their comments.
31. Where a written request for a report is made to an expert, any time period applicable to the proceedings before the arbitral tribunal shall be suspended from the date of delivery of the request until the date on which the report is delivered to the arbitral tribunal.
Briefs submitted by amicus curiae
32. The arbitral tribunal shall have the authority to accept and consider amicus curiae briefs from any persons and entities within the territories of the Parties and from interested persons and entities outside the territories of the Parties.
33. These pleadings must meet the following requirements: they must be submitted within 10 days of the date of the establishment of the arbitral tribunal; they must be concise and in any event consist of fewer than 15 typed pages, including any annexes; and they must be directly relevant to the issues of fact and law submitted to the arbitral tribunal for its consideration.
34. The written submissions shall include a description of the person, whether natural or legal, submitting them, as well as the type of activity pursued and its sources of financing, specifying also the nature of the interest that such person has in the arbitration proceedings.
35. The arbitral tribunal shall list in its award all written submissions received which comply with the above rules.
Emergency cases
36. In cases of urgency referred to in Article 13.4 (Consultation), the arbitral tribunal shall adjust the time limits referred to in these rules accordingly.
Calculation of time limits
37. Where, in accordance with the provisions of this Treaty or these rules, something is required to be done, or the arbitral tribunal requires something to be done, within a specified period of time after or before a specified date or event, the day of the specified date or event shall not be included in the calculation of the period of time allowed.
38. Where, as a consequence of rule 6, a Party receives a document on a date other than the date on which the same document is received by the other Party, any period of time the calculation of which depends on the receipt of that document shall be calculated from the last date of receipt of the document.
Chapter 14. EXCEPTIONS
Article 14.1. General Derogations
1. For the purposes of Chapters 3 through 7 (National Treatment and Market Access; Rules of Origin and Origin Procedures; Customs Administration; Sanitary and Phytosanitary Measures; and Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative notes are hereby incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.
2. For the purposes of Chapters 10 (Cross-Border Trade in Services), Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement (9). The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health.
Article 14.2. Essential Security
Nothing in this Agreement shall be construed to mean:
(a) compel a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or
(b) prevent a Party from applying any measure it considers necessary for the fulfilment of its obligations under the Charter of the United Nations for the maintenance of international peace and security, or for the protection of its essential security interests.
Article 14.3. Taxation
1. Except as provided in this Article, nothing in this Treaty shall apply to taxation measures.
2. This Agreement shall only confer rights or impose obligations with respect to taxation measures by virtue of corresponding rights or obligations granted or imposed in accordance with Article III of the GATT 1994 and, with respect to services, Articles I and XIV(d) (including their footnotes) of the GATS, where applicable.
3. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention in force between the Parties. In the event of inconsistency of a taxation measure between this Agreement and any such treaty, the treaty shall prevail to the extent of the inconsistency. In the case of a tax treaty between the Parties, the competent authorities under that treaty shall have the responsibility to determine whether there is an inconsistency between this Agreement and that treaty.
Article 14.4. Balance of Payments Derogation
1. If a Party is experiencing, or is threatened with, serious balance of payments and external financial difficulties, it may adopt or maintain restrictive measures on trade in goods and services and on payments and capital movements, including those related to direct investment.
2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1.
3. Restrictive measures adopted or maintained under this Article shall be non- discriminatory and of limited duration and shall not go beyond what is necessary to remedy the external balance of payments and financial situation. They shall be in accordance with the conditions set out in the WTO Agreements and consistent with the Articles of Agreement or Articles of Agreement of the International Monetary Fund, as appropriate.
4, The Party that maintains or has adopted restrictive measures, or any modification thereof, shall inform the other Party without delay and shall submit, as soon as practicable, a timetable for their elimination.
5. The Party applying restrictive measures shall promptly enter into consultations under Article 12.1 (Free Trade Commission). Such consultations shall assess the balance of payments situation of that Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:
(a) the nature and extent of external financial and balance of payments difficulties;
(b) the external economic and trade environment of the Party subject to the consultations; and
(c) other possible corrective measures that may be used.
6. The consultations shall examine the conformity of any restrictive measures with paragraphs 3 and 4. Any statistical or other findings of fact presented by the International Monetary Fund on exchange, monetary reserves and balance of payments issues shall be accepted and conclusions shall be based on the Fund's assessment of the external financial and balance of payments situation of the Party subject to the consultations.
Article 14.5. Disclosure of Information
Nothing in this Agreement shall be construed to require a Party to provide or permit access to information the disclosure of which would impede law enforcement or would be contrary to the laws of the Party protecting the personal privacy or financial affairs or accounts of individual customers of financial institutions.
Article 14.6. Definitions
For the purposes of this Chapter:
tax convention means a convention for the avoidance of double taxation or other international tax convention or arrangement; and
tax measures do not include a:
(a) a customs tariff, as defined in Article 2.1 (General Definitions); or
(b) measures listed in exceptions (b) and (c) of the definition of customs tariff.
Annex 14.3. COMPETENT AUTHORITIES
For the purposes of this Chapter: Competent authorities means
(a) in the case of Chile, the Servicio de Impuestos Internos, Ministry of Finance; and
(b) in the case of Panama, the Directorate General of Revenue of the Ministry of Economy and Finance.
Chapter 15. FINAL PROVISIONS
Article 15.1. Annexes, Appendices and Footnotes
The Annexes, Appendices and footnotes to this Treaty constitute an integral part of this Treaty.
Article 15.2. Amendments
1. The Parties may agree on any amendment or addition to this Agreement.
2. Amendments and additions agreed and approved in advance in accordance with the relevant legal procedures of each Party shall constitute an integral part of this Agreement.
Article 15.3. Future Negotiations
The Parties shall, two years after the entry into force of this Agreement, initiate negotiations for the inclusion of a Chapter on Financial Services, and in turn, improve access conditions on agricultural goods to the extent mutually desirable, as well as to broaden and deepen the coverage of the Agreement as mutually determined.
Article 15.4. Amendment of the WTO Agreement
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement.
Article 15.5. Reservations
This Treaty may not be the subject of reservations or interpretative declarations at the time of ratification.
Article 15.6. Entry Into Force and Termination
1. The entry into force of this Agreement is subject to the completion of the necessary domestic legal procedures of each Party.
2. This Agreement shall enter into force 60 days after the date on which the Parties exchange written notifications indicating that the above procedures have been completed or such other period as the Parties may agree.
3. Either Party may terminate this Agreement by written notice to the other Party. This Agreement shall expire 180 days after the date of such notice.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Treaty in two equally authentic copies.
DONE at Santiago, Chile, this twenty-seventh day of June 2006.
FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE
FOR THE GOVERNMENT OF THE REPUBLIC OF PANAMA