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Chile - Turkey FTA (2009)
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b) set up sub-committees and working groups as it considers necessary to assist it in accomplishing its tasks;

c) review, consider and, as appropriate, decide on specific matters related to the operation and implementation of this Agreement, including matters reported by sub-committees or working groups;

d) supervise the work of sub-committees, working groups and contact points established under this Agreement;

e) facilitate, as appropriate, the avoidance and settlement of disputes arising under this Agreement, including through consultations pursuant to Article 40;

f) consider and adopt any amendment to this Agreement or other modification or rectification to the commitments therein. The Parties shall implement any amendment or other modification approved by the Joint Committee subject to the completion of the following procedures:

i. In the case of Chile, through Executive Agreements (Acuerdos de Ejecución), in accordance with the Political Constitution of the Republic of Chile (Constitución Política de la República de Chile).

ii. In the case of Turkey, in accordance with the applicable internal procedures. g) as appropriate, issue interpretations of the Agreement;

h) review the possibility of further removal of the obstacles to trade between the Parties and the further development of the trade relationship;

i) explore ways to enhance further trade and investment between the Parties and to further the objectives of this Agreement; and

j) take such other actions as the Parties may agree.

Article 55. Procedures of the Joint Committee

1. The Joint Committee shall meet whenever necessary upon request but normally at least once a year. Either Party may request a meeting to be held.

2. All decisions of the Joint Committee shall be taken by mutual agreement.

3. The Joint Committee shall adopt its rules of procedure.

Chapter III. EXCEPTIONS

Article 56. General Exceptions

For the purpose of this Agreement, Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 57. Security Exceptions

1. Nothing in this Agreement shall be construed:

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

b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests

i. relating to fissionable materials or the materials from which they are derived;

ii. relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials, as is carried on directly or indirectly for the purpose of supplying a military establishment;

iii. taken in time of war or other emergency in international relations; 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.

2. A Party taking action under sub-paragraphs (b) and (c) of paragraph 1, shall inform the Joint Committee to the fullest extent possible of measures taken and of their termination.

Article 58. Balance of Payments Measures on Trade In Goods

Should a Party decide to impose measures for balance of payments purposes, it shall do, so only in accordance with that Party's rights and obligations under GATT 1994, including the Declaration on Trade Measures Taken for Balance of Payments Purposes (1979 Declarations) and the Understanding on the Balance of Payments Provisions of the GATT 1994 (BOP Understanding). In adopting such measures, the Party shall immediately consult with the other Party.

Article 59. Taxation

1. For the purposes of this Article, "tax convention" means a convention for the avoidance of double taxation or other international taxation agreement or arrangement in force between the Parties; and taxation measures do not include a "customs duty" as defined in Article 8.

2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

3. This Agreement shall only grant rights or impose obligations with respect to taxation measures where corresponding rights or obligations are also granted or imposed under Article III of GATT 1994.

4. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention in force between the Parties. In the event of any inconsistency relating to a taxation measure between this Agreement and such tax convention, the latter shall prevail to the extent of the inconsistency. In the case of a tax convention between the Parties, the competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention.

Article 60. Disclosure of Information

1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of information provided in confidence by the other Party pursuant to this Agreement.

2. Nothing in this Agreement shall be construed as requiring a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Chapter IV. FINAL PROVISIONS

Article 61. Evolutionary Clause

1. The Parties may mutually agree to extend this Agreement with the aim of broadening and supplementing its scope in accordance with their respective legislation, by concluding agreements on specific sectors or activities in the light of the experience gained during its implementation.

2. Unless otherwise agreed, no later than two years after the entry into force of this Agreement, the Parties will commence exploratory talks on trade in services and investment.

Article 62. Annexes

Annexes to this Agreement shall form an integral part thereof.

Article 63. Amendments

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

2. When so agreed, and approved in accordance with the necessary domestic legal procedures of each Party, a modification or addition shall constitute an integral part of this Agreement. Such amendment shall enter into force on the first day of the second month following the date on which the Parties exchange written notification that such procedures have been completed, or after such other period as the Parties may agree.

Article 64. Entry Into Force

1. The Parties shall ratify this Agreement in accordance with their domestic legal procedures.

2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notification that such procedures have been completed.

Article 65. Duration and Termination

1. This Agreement shall be valid indefinitely.

2. Either Party may give written notice to the other of its intention to denounce this Agreement. Denunciation shall take effect on the first day of the seventh month after notification to the other Party.

Article 66. Authentic Texts

This Agreement shall be done in English, Spanish, and Turkish languages, all being equally authentic. In case of divergence, the English text shall prevail.

Conclusion

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto, have signed this Agreement.

DONE at Santiago, Republic of Chile, in two originals, this fourteenth day of July two thousand and nine. 

For the Republic of Turkey

For the Republic of Chile

Previous page Page 3
  • Title   I Initial Provisions 1
  • Article   1 Establishment of a Free Trade Area 1
  • Article   2 Objectives 1
  • Article   3 Relation to other International Agreements 1
  • Article   4 Customs Unions and Free Trade Areas 1
  • Article   5 Definitions of General Application 1
  • Title   II Market Access for Goods 1
  • Chapter   I COMMON PROVISIONS 1
  • Article   6 National Treatment 1
  • Article   7 Classification and Valuation of Goods 1
  • Article   8 Customs Duty 1
  • Article   9 Basic Duties 1
  • Article   10 Rules of Origin and Cooperation between the Customs Administrations 1
  • Article   11 Customs Duties of a Fiscal Nature 1
  • Article   12 Customs Duties on Exports and Charges Having Equivalent Effect 1
  • Article   13 Import and Export Restrictions 1
  • Article   14 Fees and other Charges 1
  • Article   15 Re-export and Serious Shortage 1
  • Chapter   II ELIMINATION OF CUSTOMS DUTIES 1
  • Section   I INDUSTRIAL PRODUCTS 1
  • Article   16 Scope 1
  • Article   17 Customs Duties on Imports and Charges Having Equivalent Effect 1
  • Section   II AGRICULTURAL, PROCESSED AGRICULTURAL AND FISHERY PRODUCTS 1
  • Article   18 Scope 1
  • Article   19 Exchange of Concessions 1
  • Article   20 Price Band System 1
  • Title   III Other Trade Related Provisions 1
  • Chapter   I SANITARY AND PHYTOSANITARY MEASURES 1
  • Article   21 General Provisions 1
  • Article   22 Objectives 1
  • Article   23 Sub-committee on Sanitary and Phytosanitary Matters 1
  • Chapter   II TECHNICAL REGULATIONS, STANDARDS AND CONFORMITY ASSESSMENT PROCEDURES 1
  • Article   24 Objectives 1
  • Article   25 Scope and Coverage 1
  • Article   26 Definitions 1
  • Article   27 Basic Rights and Obligations 1
  • Article   28 Trade Facilitation 1
  • Article   29 Transparency 1
  • Article   30 Technical Cooperation 1
  • Article   31 Sub-committee on Standards, Technical Regulations and Conformity Assessment 1
  • Article   32 Information Exchange 2
  • Chapter   III TRADE DEFENSE 2
  • Article   33 Safeguards 2
  • Article   34 Antidumping and Countervailing Measures 2
  • Chapter   IV INTELLECTUAL PROPERTY 2
  • Article   35 Intellectual Property 2
  • Article   36 Spirits 2
  • Title   IV Cooperation 2
  • Article   37 Cooperation 2
  • Title   V Dispute Settlement 2
  • Article   38 Scope and Coverage 2
  • Article   39 Choice of Dispute Settlement Procedure 2
  • Article   40 Consultations 2
  • Article   41 Establishment of Arbitration Panels 2
  • Article   42 Terms of Reference of Arbitration Panels 2
  • Article   43 Composition of Arbitration Panels 2
  • Article   44 Proceedings of Arbitration Panels 2
  • Article   45 Suspension or Termination of Proceedings 2
  • Article   46 Arbitration Panel Report 2
  • Article   47 Implementation of the Report 2
  • Article   48 Non–implementation, Compensation and Suspension of Concessions or other Obligations 2
  • Article   49 Rules of Procedure 2
  • Article   50 Application and Modification of Rules and Procedures 2
  • Title   VI Transparency, Institutional Provisions, Exceptions and Final Provisions 2
  • Chapter   I TRANSPARENCY 2
  • Article   51 Contact Points and Exchange of Information 2
  • Article   52 Cooperation on Increased Transparency 2
  • Article   53 Publication 2
  • Chapter   II INSTITUTIONAL PROVISIONS 2
  • Article   54 Establishment of the Joint Committee 2
  • Article   55 Procedures of the Joint Committee 3
  • Chapter   III EXCEPTIONS 3
  • Article   56 General Exceptions 3
  • Article   57 Security Exceptions 3
  • Article   58 Balance of Payments Measures on Trade In Goods 3
  • Article   59 Taxation 3
  • Article   60 Disclosure of Information 3
  • Chapter   IV FINAL PROVISIONS 3
  • Article   61 Evolutionary Clause 3
  • Article   62 Annexes 3
  • Article   63 Amendments 3
  • Article   64 Entry Into Force 3
  • Article   65 Duration and Termination 3
  • Article   66 Authentic Texts 3
    • Name
    Chile - Turkey FTA (2009)
    PDF Link
    Chile - Turkey FTA (2009)
    Signed date
    14 / Jul / 2009
    Date into force
    01 / Mar / 2011
    Treaty type
    Other International Investment Agreements
    Origin language
    en,es
    Party ISO codes
    CHL,TUR
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Chile - Turkey BIT (1998) 21 / Aug / 1998
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    Original PDF
    Original PDF