2. Each Party, at the request of the other Party shall provide information and respond promptly to questions pertaining to any existing or proposed measure.
3. Notification and provision of information referred to in this article shall be without prejudice to whether the measure is consistent with this Treaty.
Article 17.05. Hearing, Legality and Due Process Guarantees
Each Party shall ensure that in judicial and administrative procedures concerning the implementation of any measure referred to in article 17.03 (1), shall observe the hearing of the rule of law and due process embodied in their respective laws, within the meaning of articles and 17.06 17.07.
Article 17.06. Administrative Procedures for the Adoption of Measures of General Application
With a view to administering in a manner consistent and impartial manner and all reasonable measures of general application affecting matters covered in this Treaty, each Party shall ensure that in its Administrative Proceedings applying measures referred to in article 17.03 (1) with respect to persons, in particular goods or services of the other party in specific cases that:
a) Wherever possible, the persons of the other party that are directly affected by a proceeding are in accordance with the internal rules, reasonable notice of the initiation of the same, including a description of the nature, a statement of the legal authority to which it may initiate and a general description of any issues in controversy;
b) When the time, the nature of the proceeding and the public interest, permit such persons a reasonable opportunity to present facts and arguments in support of their claims, prior to any final administrative action; and
c) Its procedures are in accordance with its legislation.
Article 17.07. Review and Challenge
1. Each Party shall maintain judicial tribunals or procedures or administrative nature for the purpose of the prompt review and, where warranted, the correction of final administrative actions regarding matters covered by this Treaty. such tribunals shall be impartial and shall not be linked with the office or authority entrusted with administrative and enforcement shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such tribunals or procedures the parties have the right to:
a) A reasonable opportunity to defend or support their respective positions; and
b) A decision based on the evidence and arguments presented by the same.
3. Each Party shall ensure that, with respect to the avoidance or subsequent review to which it would apply in accordance with its legislation, these resolutions are implemented by the offices or authorities.
Article 17.08. Communications and Notifications
1. For purposes of this Treaty, all notifications or communications addressed to a Party or by a Party shall be made through its national section of the secretariat, report succinctly of this fact to national sections of the other parties.
2. Notwithstanding paragraph 1, in the case of a communication or notification made under chapter 19 (dispute settlement), a copy thereof shall be sent to the Secretariat of Economic Integration (SIECA), for the purpose of filing.
3. Except as otherwise provided, shall be delivered a communication or notification by one party from the date of its receipt by the national section of the secretariat of that Party.
Chapter 18. Administration of the Treaty
Section A. Committee, Subcommittee and Secretariat
1. The parties establish the Free Trade Commission composed of officials referred to in annex 18.01 (1) or persons to whom they designate.
2. The Commission shall have the following functions:
a) To ensure the fulfillment and correct application of the provisions of this Treaty;
b) Assess the results achieved in the implementation of this Treaty;
c) To resolve disputes that may arise regarding the interpretation or application of this Treaty in accordance with chapter 19 (dispute settlement);
d) Supervise the work of all committees created or established under this Treaty and pursuant to article 18.05 (3); and
e) Consider any other matter that may affect the operation of this Treaty or any other entrusted to it by the parties.
3. The Commission may:
a) Create committees as required by this Treaty and assign functions;
b) Modify in fulfillment of the objectives of this Treaty.
i) The list of goods of a party contained in annex 3.04 (2) (tariff relief), with the aim of incorporating one or more excluídas goods in the schedule of tariff relief;
ii) The time-limits set out in annex 3.04 (2) (tariff relief programme), to accelerate tariff relief;
iii) The rules of origin set out in annex 4.03 (specific rules of origin);
iv) The uniform regulations;
v) Annex 9.01 sectors or sub-sectors (service) to incorporate new service sectors or sub-sectors;
vi) annexes I, II and III of chapter 11 (cross-border trade in services); and
vii) The list of entities of a party contained in annex 16.01 (entities), with the aim of incorporating one or more entities to the scope of application of Chapter 16 (government procurement);
c) To seek the advice of non-governmental groups or persons without linkage;
d) Develop and adopt regulations required for the implementation of this Treaty; and
e) If the parties so agree, take any other action in the exercise of its functions.
4. The amendments referred to in paragraph 3 (b) shall be implemented by the parties in accordance with annex 18.01 (4).
5. Notwithstanding paragraph 1, the Commission may meet and adopt decisions when representatives of Chile and attend one or more Central American countries on matters of interest to the parties, such as the acceleration of tariff relief, development and expansion of chapter 10 (investment) and dispute settlement, provided that it notifies in advance to the other parties to participate in the meeting.
6. The decisions adopted by the Commission under paragraph 5, shall not take effect on a party that had not attended the meeting.
7. The Commission may establish its rules and procedures and all decisions shall be taken by consensus.
8. The Committee shall meet at least once a year, alternately in each party, in alphabetical order.
Article 18.02. Free Trade Subcommittee
1. The parties have established the Subcommittee free trade, composed of officials referred to in annex 18.02 or persons to whom they designate.
2. The Sub-Commission Free Trade shall have the following functions:
a) Prepare and revise the technical files necessary for decision-making under the Treaty;
b) Follow up on any decisions taken by the Commission; and
c) Consider any other matter that may affect the operation of this treaty which is entrusted to it by the Commission.
3. The Commission may establish rules and procedures for the proper functioning of the Free Trade Subcommittee.
Article 18.03. Secretariat
1. The Commission shall establish and oversee a secretariat comprising national sections.
2. Each Party shall:
a) Shall designate a permanent office or official unit, which shall serve as national section of the secretariat of that Party;
b) Shall:
i) The operation and costs of its section; and
ii) The remuneration and expenses to be paid to the arbitrators, participants and experts appointed under this Treaty, as provided in Annex 18.03; and
c) The Secretary-General shall appoint a national of its Section, who shall be the official responsible for its administration.
3. The secretariat shall have the following functions:
a) Provide assistance to the Commission and the Sub-Commission;
b) Provide administrative support to the arbitral panels established under chapter 19 (dispute settlement), in accordance with the procedures established under article 19.12 (model rules of procedure);
c) On the instructions of the Commission; to support the work of the committees, subcommittees and expert groups established under this Treaty;
d) Conducting communications and notifications under article 17.08 (communications and notifications); and
e) Other functions assigned by the Commission.
Section B. Committees, Subcommittees and Expert Groups
Article 18.04. General Provisions
1. The provisions of this section shall apply a default to all committees and sub-committees expert groups established under this Treaty.
2. Each committee, subcommittee and the Panel of Experts shall be composed of representatives of each party and all decisions shall be taken by consensus.
3. Notwithstanding paragraph 2, a committee, subcommittee or experts group may meet and take decisions without that meets all its members when addressing issues of interest, exclusive of Chile and one or more Central American countries provided that they are representatives of the Parties and that it notifies the Agenda for the meeting in advance to the other parties.
4. A Party may request in writing that the Commission in accordance with Article (1907 intervention of the Commission, good offices, conciliation and mediation) where a committee or sub-committee has met for consultations in accordance with article 19.06 (consultations) and has not reached a mutually satisfactory solution to the dispute. for purposes of this paragraph and notwithstanding article 18.06 (2) shall not require that the Sub-Committee has brought the respective Committee prior to that Party may request that a meeting of the Commission under article 1907 (intervention of the Commission, good offices, conciliation and mediation).
Article 18.05. Committees
1. The Commission may create Committees other than those set out in Annex 18.05.
2. Each committee shall have the following functions:
a) To monitor the implementation of the chapters of this treaty within its competence;
b) Hear matters referred to it by a Party which considers that an existing or proposed measure of another party affects the effective implementation of any commitment within chapters of this Treaty falling within its competence;
c) Seek technical reports to the competent authorities and to take the necessary steps to help resolve the matter;
d) The Commission to evaluate and recommend proposals for amendment or modification, in addition to the provisions of chapters of this treaty within its competence;
e) The Commission to propose the review of measures in force or in a Party deems to be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of annex 19.03 (scope of application); and
f) Comply with the other tasks entrusted to it by the Commission under the provisions of this Agreement and other instruments deriving therefrom.
3. The Commission shall supervise the work of all committees created or established under this Treaty.
4. Each committee may establish its own rules and procedures, and shall meet to at the request of either party or the Commission.
Article 18.06. Subcommittees
1. For the purpose of delegate its responsibilities and permanently only for purposes of specific provisions under its jurisdiction, the Committee may establish one or more Sub-Committees shall supervise their work. each sub-committee shall have the same functions as a Committee on matters assigned to it.
2. In addition, each sub-committee shall report to the Committee has established on the fulfilment of its mandate.
3. The rules and procedures of a sub-committee may be established by the Committee itself that established it. the Sub-Committee shall meet at the request of either party or the relevant committee.
Article 18.07. Experts Group
1. A committee or sub-committee may establish ad hoc groups to undertake the technical studies as it deems necessary for the performance of its duties, shall supervise their work. the Group of Experts shall comply strictly with which is entrusted with the deadlines. the Panel of Experts shall be reported to the Committee or Sub-Committee that created it.
2. The rules and procedures of a group of experts may be established by the Committee or Sub-Committee that created it.
Annex 18.01(1) . Officials of the Free Trade Commission
For the purposes of article 18.01, officials of the Free Trade Commission are:
a) In the case of Chile, the Minister for Foreign Affairs or his successor;
b) In the case of Costa Rica, the Minister of Foreign Trade or its successor;
c) In the case of El Salvador, the Minister of Finance or his successor;
d) In the case of Guatemala, the Minister of Finance or his successor;
e) In the case of Honduras, the Secretary of State in the Ministry of Trade and Industry, or its successor; and
f) In the case of Nicaragua, the Ministry of Development, Industry and Trade, or its successor.
Annex 18.01 (4). Implementation of the modifications approved by the Commission
The parties will implement the decisions of the Committee referred to in article 18.01 (3) (b), in accordance with the following procedures:
a) In the case of Chile, through implementing arrangements, in accordance with Article 50 No 1, second paragraph, of the Political Constitution of the Republic of Chile;
b) In the case of Costa Rica, agreements between the parties shall be equivalent to the instrument referred to in article 121.4 third paragraph of the Political Constitution of the Republic of Costa Rica;
c) In the case of El Salvador, in accordance with its legislation;
d) In the case of Guatemala, in accordance with its legislation;
e) In the case of Honduras, in accordance with its laws; and
f) In the case of Nicaragua, in accordance with its legislation.
Annex 18.02 . Officials of the Free Trade Subcommittee
For the purposes of article 18.02, officials of the Subcommittee free trade are:
a) In the case of Chile, the Director General of International Economic Relations of the Ministry of Foreign Affairs or his successor;
b) In the case of Costa Rica, a representative of the Ministry of Foreign Trade or its successor;
c) In the case of El Salvador, the Director of commercial policy of the Ministry of Economy, or its successor;
d) In the case of Guatemala, a representative of the Ministry of Economy, or its successor;
e) In the case of Honduras, the Director General of economic integration and trade policy of the Ministry of Industry and Trade, or its successor; and
f) In the case of Nicaragua, the Director of Administration and integration of the Ministry of Development, Industry and Trade, or its successor.
Annex 18.03 . Remuneration and Payment of Expenses
1. The Commission shall establish the amounts of remuneration and expenses to be paid to the arbitrators, experts and their assistants.
2. The remuneration of the arbitrators, experts and their assistants, their transport and accommodation costs, and all general expenses of the arbitral group shall be filled in equal parts between the countries involved in the dispute.
3. Each expert assistant, arbitrator and shall keep a record and submit a final account of their time and expenses, and the arbitral group shall keep a register similar and a final account of all general expenses.
Annex 18.05 . Committees
Committee on Trade in Goods (Article 3.16).
Committee on Sanitary and Phytosanitary Measures (Article 8.11)
Committee on Standardization, Metrology and authorization procedures (Article 9.12)
Committee on cross-border investment and services (Article 11.14).
Committee on air transport (Article 12.04)
Committee on Government Procurement (Article 16.13)
Article 19. Dispute Settlement
Section A. Settlement of Disputes
Article 19.01. Definitions
For purposes of this chapter:
The consulting party means any party to conduct consultations in accordance with article 19.06;
The opposing side; the claimant or respondent;
Defendant: the party against which a claim is made may be composed of one or more of the Parties;
Complaining party; the Party that makes a claim that may be composed of one or more of the Parties; and
Third party; a Central American country that has a substantial interest in the trade dispute and which is not a party combatant in the same.
Article 19.02. Cooperation
If the parties shall endeavour to agree on the interpretation and application of this Treaty through cooperation and consultations and shall endeavour to reach a mutually satisfactory resolution of any matter that might affect its operation.
Article 19.03. Scope
Except as otherwise provided in this Treaty, the procedure of this chapter shall apply:
a) To the avoidance or settlement of disputes between all the parties concerning the interpretation or application of this treaty; or
b) Where a Party considers that an existing or proposed measure of another party is or would be inconsistent with the obligations of this Treaty or would cause nullification or impairment in the sense of 19.03. annex
Article 19.04. Dispute Settlement Understanding
1. Disputes arising under the provisions of this Treaty and under the WTO agreement or agreements negotiated in accordance with the latter may be settled in either forum at the discretion of the complaining party.
2. When a Party has requested the establishment of an arbitral group under article 19.08 or has requested the establishment of a Panel under Article 6 of the Understanding, the Forum selected shall be exclusive of any other.
Article 19.05. In Case of Urgency
1. In cases of urgency including those cases referred to in paragraphs 2 and 3, the warring parties and the arbitral groups shall make every effort to accelerate the proceedings.
2. In cases of perishable agricultural goods, fish and fish products that are perishable:
a) Consulting a Party may request in writing that the Commission meet whenever an issue is not resolved in accordance with article 19.06 within fifteen (15) days of the delivery of the request for consultations; and
b) The Party that has requested the intervention of the Commission under article 1907, may request in writing the establishment of an arbitral group when the issue has not been resolved within fifteen (15) days after the meeting of the Commission or, if it has not been made within fifteen (15) days after the delivery of a request for a meeting of the Commission.
3. In cases of urgency other than those referred to in paragraph 2, the Parties shall, as far as possible, to halve the periods specified in articles 19.08 1907 and to request the Commission and the establishment of an arbitral group respectively.