Central America - Chile FTA (1999)
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a) Subject to revision of all restrictions on current account transactions in accordance with article VIII of the Articles of Agreement of the International Monetary Fund;

b) Shall enter into consultations in good faith with the IMF on economic adjustment measures to address the fundamental underlying problems in the economic difficulties; and

c) Endeavour to adopt or maintain economic policies consistent with such consultations.

3. The measures that apply or maintain in accordance with this Article shall:

a) To avoid unnecessary damage to the economic, commercial or financial interests of another party;

b) Shall not be more burdensome than necessary to deal with the balance of payments difficulties or threat thereof;

c) Be temporary and phased out progressively as the situation improves the balance of payments;

d) Consistent with paragraph 2 (c) and with the Articles of Agreement of the International Monetary Fund; and

e) Application of agreement with the most favourable, including the principles of National Treatment and most-favoured nation.

4. A Party may adopt or maintain a measure under this article that gives priority to services that are essential to its economic programme, provided that the Party does not impose a measure for the purpose of protecting a specific industry or sector unless the measure is consistent with paragraph 2 (c) and with article VIII (3) of the Articles of Agreement of the International Monetary Fund.

5. Restrictions imposed on transfers:

a) Shall be consistent with article VIII (3) of the Articles of Agreement of the International Monetary Fund, where they apply to payments for current international transactions;

b) Shall be consistent with article VI of the Articles of Agreement of the IMF and be imposed only in conjunction with measures on payments for current international transactions under paragraph 2 (a), where they apply to international capital transactions; and

c) May not take the form of surcharges, tariff quotas, licensing or similar measures.

Article 20.05. Exceptions to Disclosure of Information

Nothing in this Treaty shall be construed as requiring a party to furnish or allow access to information the disclosure of which would impede the enforcement or otherwise be contrary to the Constitution, to the public interest or their laws concerning the protection of the privacy of individuals, the accounts and financial affairs of individual customers of financial institutions.

Article 20.06. Taxation

1. Except as provided in this article and in annex 20.06, nothing in this Agreement shall apply to taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of either party under any tax convention. in the event of incompatibility between any of these treaties and this treaty, they shall prevail to the extent of the inconsistency.

3. Notwithstanding paragraph 2:

a) Article 3.03 (National Treatment) and such other provisions in this Treaty necessary to give effect to that article shall apply to taxation measures to the same extent as article III of the GATT 1994; and

b) Article 3.14 (export taxes) shall apply to taxation measures.

4. For the purposes of this article: Taxation Measures do not include:

a) A "customs tariff" as defined in article (2.01 definitions of general application); or

b) The measures listed exceptions in (b), (c) and (d) that definition.

Annex 20.06 . Double taxation

1. The Parties shall seek to conclude a bilateral double taxation within a reasonable time after the date of Entry into Force of this Treaty.

2. The parties agree that, together with the conclusion of a bilateral double taxation, exchange of letters setting out the relationship between the bilateral treaty to avoid double taxation and Article 20.06.

Chapter 21. Final Provisions

Article 21.01. Modifications

1. Without prejudice to article 18.01 (5) (Free Trade Commission 21.03) and (2), any amendment to this Treaty shall require the agreement of all the parties.

2. The agreed amendments shall enter into force after approval according to the appropriate legal procedures of the Parties and constitute an integral part of this Treaty.

Article 21.02. Reservations

This Treaty shall not be subject to reservations and interpretative declarations at the time of ratification.

Article 21.03. Duration

1. This Treaty shall have indefinite duration and shall enter into force between Chile and each Central American country on the thirtieth day after the date on which respectively have exchanged their respective instruments of ratification certifying that the necessary legal procedures and formalities have been completed.

2. For the present treaty takes effect between Chile and each Central American country, in the instruments of ratification shall be that the legal procedures and formalities have been completed with regard to a bilateral protocol:

a) The annex 3.04 (2) (tariff relief) on the programme of tariff relief between Chile and that Central American country;

b) Section C of Annex contains specific rules of origin (4.03) applicable between Chile and that Central American country;

c) Contains annexes I, II and III of chapter 11 (cross-border trade in services), relating to reservations and restrictions on cross-border services applicable between Chile and that Central American country;

d) The annexes contain 3.08 (customs valuation, 3.10) (6) (restrictions on the importation and exportation) and 16.01 (entities) where appropriate; and

e) Relates to other areas as agreed by the parties.

3. Protocols to be concluded pursuant to paragraph 2 shall be an integral part of this Treaty.

Article 21.04. Annexes

The annexes to this Agreement constitute an integral part of it.

Article 21.05. Denunciation

1. Any Party may denounce this Treaty. provided that Chile is not a party to the complaint, the Treaty shall remain in force for the other parties.

2. Denunciation shall take effect one hundred and eighty (180) days after be communicated to the other parties, without prejudice to the parties may agree on a different period.

Conclusion

Attachments

Annex I .

1. The schedule of a party contained in accordance with article 1108 (1) (reservations), the reservations taken by a Party with respect to existing measures that do not conform with the obligations imposed by:

a) Article 1103 (National Treatment);

b) Article 11.04 (most-favoured-nation treatment); and

c) Article 1106 (local presence);

And, in certain cases, indicate immediate or future liberalization commitments.

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) CPC corresponds to the digits of the Central Product Classification (CPC), as set out in Statistical Office of the United Nations Statistical Papers, Series M. 77, Provisional Central Product Classification, 1991. the Central Product Classification (CPC) is illustrative only;

d) Type of reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;

e) Measures identifies the laws, regulations or other measures, as described, where this is indicated in the description element, for which the reservation is taken. a measure cited in the element measures:

i) The measure means as amended, continued or renewed as of the date of Entry into Force of this Treaty; and

ii) Includes any subordinate measure adopted or maintained under the authority of and consistent with the measure;

f) Description sets out the liberalization commitments, when they have been made, from the date of Entry into Force of this Treaty, and the remaining dissenting aspects of the existing measure for which the reservation is taken; and

g) The reduction schedule indicates liberalization commitments, when these have been taken, after the date of Entry into Force of this Treaty.

3. In the interpretation of a reservation, all elements of the reservation shall be considered. a reservation is interpreted in the light of the relevant provisions against which the reservation is taken. to the extent that:

a) The reduction schedule establish a gradual reduction of dissenting aspects of the measures, this element shall prevail over all other elements;

b) The measures element is qualified by a commitment from the liberalisation description element, the measures described as element, shall prevail over all other elements; and

c) The measures element is not so qualified element, the measures shall prevail over all other elements, unless a discrepancy between the measure element and the other elements considered in their totality is so substantial material and that it would be unreasonable to conclude that the measure element shall prevail in which case the other elements prevail to the extent of that discrepancy.

Annex II .

1. The list of each Party indicates the reservations taken by that Party, in accordance with article 1108 (2) (reservations), with respect to specific sectors or sub-sectors activities for which it may maintain or adopt new or more restrictive measures that do not conform with the obligations imposed by:

a) Article 1103 (National Treatment);

b) Article 11.04 (most-favoured-nation treatment); and

c) Article 1106 (local presence).

2. Each reservation sets out the following elements:

a) Sector refers to the general sector in which the reservation is taken; sub-sector refers to the specific sector in which the reservation is taken;

c) CPC: corresponds to the digits of the Central Product Classification (CPC), as set out in Statistical Office of the United Nations Statistical Papers, Series M. 77, Provisional Central Product Classification, 1991. the Central Product Classification (CPC) is illustrative only;

d) Type of reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;

e) Description sets out the scope of the sector and sub-sector or activities covered by the reservation; and

f) Identifies measures, for purposes of transparency, existing measures that apply to the sector and sub-sector or activities covered by the reservation.

3. The interpretation of a reservation in its entirety shall be considered. the description element shall prevail over all other elements.

Annex III .

1. The schedule of a Party sets quantitative restrictions non-discriminatory maintained by that Party, in accordance with article 11.09 (non-discriminatory quantitative restrictions).

2. Each reservation sets out the following elements:

a) Sector refers to the general sector in which the quantitative restriction is maintained;

b) Sub-sector refers to the specific sector in which the quantitative restriction is maintained;

c) CPC corresponds to the digits of the Central Product Classification (CPC), as set out in Statistical Office of the United Nations Statistical Papers, Series M. 77, Provisional Central Product Classification, 1991. the Central Product Classification (CPC) is illustrative only;

d) Measures that identifies the measures it has taken the quantitative restriction; and

e) Description sets out the scope of the sector and sub-sector or activities covered by the quantitative restriction.

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  • Part   One General Aspects 1
  • Chapter   1 Initial Provisions 1
  • Article   1.01 Establishment of the Free Trade Area 1
  • Article   1.02 Objectives 1
  • Article   1.03 Compliance 1
  • Article   1.04 Relation to other International Agreements 1
  • Article   1.05 Succession of Treaties 1
  • Chapter   2 General Definitions 1
  • Article   2.01 Definitions of General Application 1
  • Part   Two Trade In Goods 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitiones and Scope of Application 1
  • Article   3.01 Definitions 1
  • Article   3.02 Scope 1
  • Section   B National Treatment 1
  • Article   3.03 National Treatment 1
  • Section   C Tariffs 1
  • Article   3.04 Tariff Relief 1
  • Article   3.05 Temporary Admission of Goods 1
  • Article   3.06 Duty-free Imports for Commercial Samples of Negligible or No Commercial Value and Printed Advertising Materials 2
  • Article   3.07 Goods Reimported after Having Been Repaired or Altered Altered 2
  • Article   3.08 Customs Valuation 2
  • Article   3.09 Restrictions on Exports to Support Programmes 2
  • Section   D Non-tariff Measures 2
  • Article   3.10 Import and Export Restrictions 2
  • Article   3.11 Customs Processing Fees and Consular Fees 2
  • Article   3.12 Geographical Indications 2
  • Article   3.13 A Country of Origin Marking 2
  • Article   3.14 Export Taxes 2
  • Article   3.15 International Obligations 2
  • Article   3.16 Committee on Trade In Goods 2
  • Chapter   4 Rules of Origin 2
  • Article   4.01 Definitions 2
  • Article   4.02 Instruments of Application and Interpretation 2
  • Article   4.03 Originating Goods 2
  • Article   4.04 Minimal Operations or Processes 2
  • Article   4.05 Indirect Materials 2
  • Article   4.06 Cumulation 2
  • Article   4.07 Regional Content Value 2
  • Article   4.08 De Minimis 3
  • Article   4.09 Consumable Goods 3
  • Article   4.10 Sets or Assortments of Goods 3
  • Article   4.11 Accessories, Spare Parts and Tools 3
  • Article   4.12 Containers and Packaging Materials In Which a Good Is Presented for Retail Sale 3
  • Article   4.13 Packing Materials and Containers for Shipment 3
  • Article   4.14 Transhipment and Direct Consignment or International Transit 3
  • Chapter   5 Customs Procedures 3
  • Article   5.01 Definitions 3
  • Article   5.02 Certificate of Origin and Declaration 3
  • Article   5.03 Obligations with Respect to Imports 3
  • Article   5.04 Obligations with Regard to Exports 3
  • Article   5.05 Exceptions 3
  • Article   5.06 Invoicing by a Third-country Operator 3
  • Article   5.07 Confidentiality 3
  • Article   5.08 Procedures for Verification of Origin 3
  • Article   5.09 Resolution Advance 3
  • Article   5.10 Review and Challenge 4
  • Article   5.11 Sanctions 4
  • Article   5.12 Uniform Regulations 4
  • Article   5.13 Cooperation 4
  • Chapter   6 Safeguard Measures 4
  • Article   6.01 Definitions 4
  • Article   6.02 Bilateral Safeguard Measures 4
  • Article   6.03 Global Safeguard Measures 4
  • Article   6.04 Proceedings Relating to Safeguard Measures 4
  • Article   6.05 Settlement of Disputes Regarding Safeguard Measures 4
  • Chapter   7 Unfair Trading Practices 4
  • Article   7.01 Scope of Application 4
  • Article   7.02 Future Work Program 5
  • Part   Three Technical Barriers to Trade 5
  • Chapter   8 Sanitary and Phytosanitary Measures 5
  • Article   8.01 Definitions 5
  • Article   8.02 General Provisions 5
  • Article   8.03 Rights of Parties 5
  • Article   8.04 Obligations of the Parties 5
  • Article   8.05 International Standards and Harmonization 5
  • Article   8.06 Equivalence 5
  • Article   8.07 Risk Assessment and Determination of the Appropriate Level of Sanitary and Phytosanitary Protection 5
  • Article   8.08 Recognition of Disease or Pest Free Areas and Areas of Low Disease or Pest Prevalence 5
  • Article   8.09 Control Procedures, Inspection and Approval 5
  • Article   8.10 Transparency 5
  • Article   8.11 Committee on Sanitary and Phytosanitary Measures 5
  • Chapter   9 Measures of Standardization , Metrology and Authorization Procedures 5
  • Article   9.01 Definitions 5
  • Article   9.02 General Provisions 5
  • Article   9.03 Scope of Application 5
  • Article   9.04 Basic Rights and Obligations 5
  • Article   9.05 Risk Assessment 5
  • Article   9.06 Compatibility and Equivalence 5
  • Article   9.07 Conformity Assessment 5
  • Article   9.08 Authorisation Procedures 6
  • Article   9.09 Metrology Standards 6
  • Article   9.10 Notification 6
  • Article   9.11 Information Centres 6
  • Article   9.12 Committee of Standardization, Metrology and Authorisation Procedures 6
  • Article   9.13 Technical Cooperation 6
  • Part   Four Investment, Services and Related Matters 6
  • Chapter   10 Investment 6
  • Article   10.01 Scope of Application 6
  • Article   10.02 Future Work Program 6
  • Annex 10.01  Scope of application 6
  • Chapter   11 Cross-border Trade In Services 6
  • Article   11.01 Definitions 6
  • Article   11.02 Scope of Application 6
  • Article   11.03 National Treatment 6
  • Article   11.04 Most Favoured Nation Treatment 6
  • Article   11.05 Standard of Treatment 6
  • Article   11.06 Local Presence 6
  • Article   11.07 Granting of Permits, Authorizations, Licenses or Certifications 6
  • Article   11.08 Reservations 6
  • Article   11.09 Non-discriminatory Quantitative Restrictions 6
  • Article   11.10 Denial of Benefits 6
  • Article   11.11 Future Liberalization 6
  • Article   11.12 Proceedings 6
  • Article   11.13 Professional Services 6
  • Article   11.14 Committee on Cross-border Investment and Services 6
  • Annex 11.12   Professional services 6
  • Annex 11.14   Committee on cross-border investment and services 6
  • Chapter   12 Air Transport 6
  • Article   12.01 Scope of Application 6
  • Article   12.02 Consolidation of Measures 6
  • Article   12.03 Dispute Settlement 6
  • Article   12.04 Air Transport Committee 7
  • Annex 12.01   Scope of application 7
  • Annex 12.01   Committee on air transport 7
  • Chapter   13 Telecommunications 7
  • Article   13.01 Exclusion 7
  • Article   13.02 Definitions 7
  • Article   13.03 Scope of Application 7
  • Article   13.04 Access to Networks and Public Telecommunications Services and Use 7
  • Article   13.05 Conditions for the Provision of Value-added or Improved Services 7
  • Article   13.06 Measures Related to Standardization 7
  • Article   13.07 Monopolies or Anticompetitive Practices 7
  • Article   13.08 Transparency 7
  • Article   13.09 Relationship to other Chapters 7
  • Article   13.10 Relationship with Organizations and International Treaties 7
  • Article   13.11 Technical Cooperation and other Consultations 7
  • Chapter   14 Temporary Entry of Business Persons 7
  • Article   14.01 Definitions 7
  • Article   14.02 General Principles 8
  • Article   14.03 General Obligations 8
  • Article   14.04 Authorisation for Temporary Entry 8
  • Article   14.05 Provision of Information 8
  • Article   14.06 Settlement of Disputes 8
  • Article   14.07 Relationship to other Chapters 8
  • Annex 14.04   Temporary entry for business persons 8
  • Section   A Business Visitors 8
  • Section   B Traders and Investors 8
  • Section   C Transfers of Personal Within an Enterprise 8
  • Annex 14.04   Specific provisions for the country for temporary entry of business persons 8
  • Appendix 14.04(A)(1)   Business visitors 8
  • Part   Fifth Competition Policy 8
  • Chapter   15 Competition Policy 8
  • Article   15.01 Cooperation 8
  • Article   15.02 State Monopolies and Enterprises 8
  • Part   Sixth Procurement 8
  • Chapter   16 Procurement 8
  • Article   16.01 Definitions 8
  • Article   16.02 Objective and Scope 8
  • Article   16.03 General Rights and Obligations 9
  • Article   16.04 National Treatment and Non-discrimination 9
  • Article   16.05 Provision of Information and Transparency 9
  • Article   16.06 Technical Specifications 9
  • Article   16.07 Denial of Benefits 9
  • Article   16.08 Avoidance Proceedings 9
  • Article   16.09 Modifications to Coverage 9
  • Article   16.10 Privatization 9
  • Article   16.11 Information Technology 9
  • Article   16.12 Committee on Government Procurement 9
  • Article   16.13 Cooperation and Technical Assistance 9
  • Article   16.14 Relationship to other Chapters 9
  • Annex 16.02   Classes of recruitment 9
  • Part   Seventh Administrative and Institutional Provisions 9
  • Chapter   17 Transparency 9
  • Article   17.01 Definitions 9
  • Article   17.02 Information Center 9
  • Article   17.03 Publication 9
  • Article   17.04 Information Supply 9
  • Article   17.05 Hearing, Legality and Due Process Guarantees 10
  • Article   17.06 Administrative Procedures for the Adoption of Measures of General Application 10
  • Article   17.07 Review and Challenge 10
  • Article   17.08 Communications and Notifications 10
  • Chapter   18 Administration of the Treaty 10
  • Section   A Committee, Subcommittee and Secretariat 10
  • Article   18.02 Free Trade Subcommittee 10
  • Article   18.03 Secretariat 10
  • Section   B Committees, Subcommittees and Expert Groups 10
  • Article   18.04 General Provisions 10
  • Article   18.05 Committees 10
  • Article   18.06 Subcommittees 10
  • Article   18.07 Experts Group 10
  • Annex 18.01(1)   Officials of the Free Trade Commission 10
  • Annex 18.01 (4)  Implementation of the modifications approved by the Commission 10
  • Annex 18.02   Officials of the Free Trade Subcommittee 10
  • Annex 18.03   Remuneration and Payment of Expenses 10
  • Annex 18.05   Committees 10
  • Article   19 Dispute Settlement 10
  • Section   A Settlement of Disputes 10
  • Article   19.01 Definitions 10
  • Article   19.02 Cooperation 10
  • Article   19.03 Scope 10
  • Article   19.04 Dispute Settlement Understanding 10
  • Article   19.05 In Case of Urgency 10
  • Article   19.06 Consultations 11
  • Article   19.07 Intervention by the Commission, Good Offices, Mediation and Conciliation 11
  • Article   19.08 Request for Integration of the Arbitration Panel 11
  • Article   19.09 List of Arbitrators 11
  • Article   19.10 Qualities of Arbitrators 11
  • Article   19.11 Integration of the Arbitral Group 11
  • Article   19.12 Model Rules of Procedure 11
  • Article   19.13 Third Parties 11
  • Article   19.14 Information and Technical Advice 11
  • Article   19.15 Preliminary Report 11
  • Article   19.16 Final Report 11
  • Article   19.17 Implementation of the Final Report 11
  • Article   19.18 Suspension of Benefits 11
  • Section   B Internal Procedures and Private Commercial Dispute Resolution 11
  • Article   19.19 Interpretation of the Treaty Before Domestic Judicial and Administrative Authorities. 11
  • Article   19.20 Rights of Individuals 11
  • Article   19.21 Alternative Means of Dispute Settlement between Individuals 11
  • Annex 19.03   Nullification and Impairment 11
  • Chapter   20 Exceptions 11
  • Article   20.01 Definitions 11
  • Article   20.02 General Exceptions 11
  • Article   20.03 National Security 11
  • Article   20.04 Balance of Payments 11
  • Article   20.05 Exceptions to Disclosure of Information 12
  • Article   20.06 Taxation 12
  • Annex 20.06   Double taxation 12
  • Chapter   21 Final Provisions 12
  • Article   21.01 Modifications 12
  • Article   21.02 Reservations 12
  • Article   21.03 Duration 12
  • Article   21.04 Annexes 12
  • Article   21.05 Denunciation 12
  • Annex I   12
  • Annex II   12
  • Annex III   12