Article 16. Investment Measures and Fight Against Corruption and Illegality
3. Each Party shall adopt or maintain measures and efforts to prevent and combat corruption, money-laundering and the financing of terrorism in relation to the matters covered by this Agreement.
4. Nothing in this Agreement shall oblige a party to protect investments made with capital or assets of illicit origin or investments in the establishment or operation verified unlawful acts which have been charged with the loss of assets or acts of corruption.
Article 17. Investment and Measures on Health, Environment, Labour Affairs and other Regulatory Objectives
1. A Party may adopt or maintain or enforce any measure that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental or health, labour law of that Party, in a manner consistent with the provisions of this Agreement.
2. The Parties recognize that it is inappropriate to encourage investment by reducing the standards of its labour laws, environmental or health. Accordingly, the Parties shall not derogate from or otherwise waive or offer to waive, flexibility, relax or repeal of such measures as a means to promote the establishment, maintenance or expansion of an investment in its territory.
Part III. Prevention of Differences and Institutional Governance
Article 18. The Joint Committee for the Administration of the Agreement
1. The Parties shall establish a joint committee for the management of this Agreement (hereinafter referred to as the joint committee).
2. The Joint Committee shall be composed of representatives of the Governments of the Parties.
3. The Joint Committee shall meet at such times, in such places, and through such means as the parties agree. Meetings shall be held at least once a year, alternating chairs meeting between the parties.
4. The Joint Committee shall have the following functions and responsibilities:
(a) Overseeing the administration and implementation of this Agreement;
(b) Sharing and discuss investment opportunities in the territories of the Parties;
(c) Coordinating the implementation of an agenda for cooperation and facilitation of investments;
(d) Invite the private sector and civil society, where appropriate, to submit their views on specific matters related to the work of the Joint Committee; and
(e) Any attempt to resolve issues or investment disputes amicably, in accordance with the procedures laid down in article 24 (direct consultations and negotiations for the prevention of disputes).
5. The Parties may establish ad hoc working groups, which shall meet with the Joint Committee jointly or separately.
6. The private sector may be invited to participate in the "Ad Hoc Working Groups", provided that it is authorized by the Joint Committee.
7. The joint committee may establish its own rules of procedure.
Article 19. National Focal Points or Ombudsmen
1. Each Party shall designate a single national focal point which shall have as its main responsibility of investors to support the other party in its territory.
2. In the Federative Republic of Brazil, the national focal point, also called the Ombudsman shall be in the Chamber of Foreign Trade (CAMEX), a Council presidency of the Government of the Federative Republic of Brazil, inter-ministerial nature.
3. The Republic of Chile, the National Focal Point shall at the agency of foreign investment promotion.
4. The national focal point, among other responsibilities, shall:
(a) To address the recommendations of the Joint Committee and interact with the national focal point of the other party;
(b) Managing the consultations of the other party or investors of the other party, with relevant entities and inform stakeholders on the results of his efforts;
(c) Assess, in dialogue with the competent governmental authorities, suggestions and complaints received from the other party or investors of the other party, and, where appropriate, recommend measures for improving investment environment;
(d) To prevent differences in investment in collaboration with government authorities and private entities concerned;
(e) Provide timely and useful information on regulatory issues of investment in general or specific projects, when requested; and
(f) Inform the Committee of its activities and joint actions when appropriate.
5. Each Party shall ensure that its national focal point, are implemented expeditiously and coordinated among themselves and with the Joint Committee.
6. Each Party shall establish rules and deadlines for the performance of the functions and responsibilities of the national focal point, which shall be communicated to the other party.
7. The National Focal Point should provide accurate and timely responses to requests from the Government and investors of the other party.
Article 20. Exchange of Information between the Parties
1. The Parties shall exchange relevant information, whenever possible and for mutual investment in connection with business opportunities, and the procedures and requirements for investment, in particular through the Joint Committee and its national focal points.
2. The Parties shall, when requested, expeditiously, information, inter alia, on the following:
(a) The legal framework regulating the investment in its territory;
(b) Government programmes and in any specific investment incentives;
(c) Public policies and regulations relating to the investment;
(d) Relevant international treaties, including investment agreements;
(e) Customs procedures and tax regimes;
(f) Statistics on the market for goods and services;
(g) Available infrastructure and relevant public services;
(h) Public procurement and concessions;
(i) The labour and social security legislation;
(j) Migration law;
(k) The exchange laws;
(l) The legislation of specific economic sectors; and
(m) Public information on public-private partnerships.
Article 21. The Treatment of Protected Information
1. The Parties shall respect the level of protection of the information provided by the Party that has submitted in accordance with its applicable laws.
2. Nothing in this Agreement shall be construed to require any party to disclose protected information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest; privacy or could prejudice or legitimate commercial interests. For the purposes of this paragraph, the protected information includes confidential business information or information that is privileged or protected from disclosure under the applicable laws of a party.
Article 22. Interaction with the Private Sector
1. Recognizing the essential role of the private sector, each Party shall disseminate among the relevant business sectors of the other party, general information on investment, regulatory frameworks and business opportunities in its territory.
2. Wherever possible, each Party shall accord advertising on this Agreement to their respective public and private financial agents responsible for the technical assessment of risk and the adoption of loans, credits, guarantees and insurance related to investments in the territory of the other party.
Article 23. Cooperation between Agencies Responsible for Investment Promotion
The Parties shall promote cooperation between their investment promotion agencies to facilitate investments in their territories.
Article 24. Direct Consultations and Negotiations for the Prevention of Disputes
1. Before initiating an arbitration under article 25 (arbitration between the parties) of this Agreement, the Parties shall endeavour to settle disputes through direct consultations and negotiations between them, and shall consideration by the Joint Committee in accordance with the following procedure.
2. A Party may deny that will discuss in the Joint Committee, a matter concerning an investment made by a national of that Party in the territory of that Party.
3. A Party may refer to the Joint Committee a specific question affecting an investor in accordance with the following rules:
(a) To initiate the procedure, the Party concerned shall submit a written request to the other party, specifying the name of the affected investor, the specific measure at issue and the legal and factual basis for the request. The Joint Committee shall meet within sixty (60) days from the date of the request;
(b) In order to achieve a solution of the matter, the Parties shall exchange information as may be necessary;
(c) For the purpose of facilitating a settlement between the parties and whenever possible, may participate in the meetings of the Joint Committee shall:
(i) Representatives of the affected and investors;
(ii) Representatives of governmental and non-governmental entities related to the measure;
(d) The Joint Committee shall, wherever possible, convening meetings. for reviewing matters that may be submitted;
(e) The Joint Committee shall have sixty (60) days from the date of its first meeting, which may be extended for period of time, by mutual agreement and prior justification for assessing the information concerning the case submitted to it and to prepare a report;
(f) The Joint Committee shall submit its report at a meeting shall be carried out no later than thirty (30) days after the expiry of the period referred to in subparagraph (e).
(g) The report of the Joint Committee shall include:
(i) Identification of the party that issued the measure;
(ii) The Investor affected identified under paragraph 3 (a);
(iii) Description of the measure under consultation;
(iv) The efforts made; and
(v) Position of the Parties in respect of the measure;
(h) In the event that a Party does not attend the meeting of the Joint Committee referred to in subparagraph (a) of this paragraph, the dispute may be referred to arbitration by the other Party in accordance with article 25 (arbitration between the parties; and
(i) The Joint Committee will make every effort to reach a mutually satisfactory solution.
Article 25. Arbitration between the Parties
Once completed the procedure laid down in article 24 (direct consultations and negotiations for the prevention of disputes) unless the dispute is settled, either party may request in writing to the other party for the establishment of an arbitral tribunal to decide on the same subject matter of the consultations referred to in article 24, in accordance with the provisions of annex I (arbitration between the parties.
Part IV. Agenda for Cooperation and Facilitation of Investments
Article 26. Agenda for Cooperation and Facilitation of Investments
1. The Joint Committee shall develop and shall discuss an agenda for cooperation and facilitation of investment in topics relevant to the promotion of bilateral investment. The issues to be addressed initially, shall be determined at its first meeting.
2. The results of the discussions that may arise in the framework of the agenda may establish additional protocols to this Agreement or specific legal instruments, as the case may be.
3. The Joint Committee shall establish timetables for further cooperation and facilitation of investment.
4. The Parties shall provide the Joint Committee the names of their official representatives and government bodies involved in those activities.
5. For greater certainty, the term "cooperation" means in a broad sense and not in the sense of technical assistance or similar.
Part V. General and Final Provisions
Article 27. Final Provisions
1. The joint committee, or the national focal points replaced existing diplomatic channels between the parties.
2. The annexes to this Agreement shall form an integral part thereof.
3. The parties have not acquired commitments in relation to their investors and investments in Financial Services, including Financial Services as defined in subparagraph 5 (a) of the Annex on Financial Services of the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO). Bearing in mind the importance of mutual investment in this sector, the parties shall negotiate a protocol or other legal instrument separate financial services, as soon as possible. The ratification of this Agreement and the instrument on financial services shall be simultaneously.
4. Without prejudice to its regular meetings, after ten (10) years of entry into force of this Agreement, or earlier, if deemed necessary, the Joint Committee will undertake a general review of its implementation and make further recommendations if necessary.
5. This Agreement shall enter into force ninety (90) days after the date of receipt of the last notification by which a Party notifies the other party of the fulfillment of all the necessary internal procedures for its Entry into Force.
6. At any time, either Party may terminate this Agreement, through diplomatic channels. The withdrawal shall take effect on the date that the parties agree, or if the parties are unable to reach agreement, one (1) year after the date on which the termination notice is delivered.
Conclusion
Done at Santiago on the day of November in the year 2015 in the Spanish and Portuguese languages, both texts being equally authentic.