Article 9.08. Authorisation Procedures
In relation to its approval procedures each Party shall apply article 9.07 (1) and (2), except as provided in article 9.07 (2) (g) and (h) For such purposes, replacing the reference to the conformity assessment procedures for approval procedures.
Article 9.09. Metrology Standards
Each Party shall, as far as possible, the traceability of their patterns metrological as recommended by the International Bureau of Weights and Measures (BIPM) and the International Organization of Legal Metrology (OIML), in accordance with the principles set out in this chapter.
Article 9.10. Notification
1. In cases where there is no relevant international standard or where the technical content of a technical regulation or conformity assessment procedure applicable to a technical regulation in project is not in conformity with the technical content of the relevant international standards, and provided that such a technical regulation may have a significant effect on trade between the parties, each Party shall notify in writing the other party of the proposed measure at least sixty (60) days prior to the adoption of the measure, so as to enable interested parties during this period and submit comments and consultations so that the notifying party may take into account.
2. If a Party is cause or threaten plantéarsele urgent problems of safety, health, environmental protection or national security, that Party may omit prior notification to the project but, once adopted shall notify the other party.
3. The notifications under paragraphs 1 and 2 shall be conducted in accordance with the formats established in the TBT Agreement.
4. Within thirty (30) days following the Entry into Force of this Treaty, each Party shall notify the other party of the institution designated to carry out the notifications under this article.
Article 9.11. Information Centres
Within thirty (30) days following the Entry into Force of this Treaty, each Party shall notify the other party of the institution designated as an information centre in its territory and its area of responsibility, which will answer all questions and reasonable requests of the Party and other interested persons and provide the relevant documentation update under any measure of standardization,
Metrology and authorization procedures adopted or proposed in its territory by government agencies or non-governmental.
Article 9.12. Committee of Standardization, Metrology and Authorisation Procedures
1. The Parties shall establish the Committee of standardization, metrology and authorization procedures as set out in annex 9.12.
2. The Committee shall hear matters relating to this chapter and without prejudice to the provisions of article 18.05 (2) (Committees), shall have the following functions:
a) Analysis and propose solutions to those measures, standardization of metrology and authorization procedures that a Party considers a technical obstacle to trade;
b) Facilitating the process by which the parties make compatible their measures of standardization and metrology, giving priority to, inter alia, the packaging and labelling and packaging;
c) Promote technical cooperation activities between the parties;
d) To assist in risk assessments carried out by the parties;
e) Work to develop and strengthen standardization and metrology measures of the Parties;
f) Facilitating the process by which the parties shall provide mutual recognition agreements; and
g) At the request of a Party, evaluate and recommend to the Commission for its approval, including service sectors or sub-sectors to 9.01. annex the designation shall be made through a decision of the Commission.
Article 9.13. Technical Cooperation
1. Each Party shall promote technical cooperation of its agencies of standardization and metrology, providing information or technical assistance to the extent possible and on mutually agreed terms, in order to assist in the implementation of this chapter and strengthen activities, processes, systems and measures of standardization and metrology.
2. The Parties shall undertake joint efforts to manage technical cooperation from countries not party.
Part Four. Investment, Services and Related Matters
Chapter 10. Investment
Article 10.01. Scope of Application
1. This Treaty shall be incorporated into and shall form an integral part thereof the agreements listed in Annex 10.01.
2. In the event of any inconsistency between this chapter and another chapter of this Treaty, the former shall prevail to the extent of the inconsistency, except with respect to initial provisions) (chapters 1, 18 (Administration of the Agreement), 19 and 21) (dispute settlement (Final provisions).
Article 10.02. Future Work Program
1. Within two (2) years of the Entry into Force of this Treaty, all the parties will explore the possibility to develop and expand the coverage of the rules and disciplines provided for in the agreements listed in annex 10.01. development and expansion of these agreements shall be an integral part of this Treaty.
2. Notwithstanding paragraph 1, Chile and a Central American country may agree on the development and expansion of the coverage of the rules and disciplines provided for in the agreements listed in annex 10.01. development and expansion of these agreements shall be an integral part of this Treaty.
Annex 10.01. Scope of application
This Treaty shall enter the following agreements:
a) Agreement between the Republic of Chile and the Republic of Costa Rica for the Promotion and Reciprocal Protection of Investment signed on 11 July 1996;
b) Agreement between the Republic of Chile and the Republic of El Salvador for the Promotion and Reciprocal Protection of Investment signed between El Salvador and Chile on 8 November 1996;
c) Agreement between the Republic of Chile and the Republic of Guatemala for the Promotion and Reciprocal Protection of Investment signed on 8 November 1996;
d) Agreement between the Republic of Chile and the Republic of Honduras for the Promotion and Reciprocal Protection of Investment signed on 11 November 1996; and
e) Agreement between the Republic of Chile and the Republic of Nicaragua for the Promotion and Reciprocal Protection of Investment signed on 8 November 1996.
Chapter 11. Cross-border Trade In Services
Article 11.01. Definitions
For purposes of this chapter:
Service provider of a Party means a person of another party that seeks to provide or provides a service transfronterizamente;
A quantitative restriction: non-discriminatory measure which imposes limitations on:
a) The number of service suppliers whether in the form of a quota monopoly or an economic needs test or by any quantitative or other means;
b) The operations of any service provider, either through a quota or an economic needs test; or by any other quantitative means;
Specialty Air Services: cross-border air services, surveying, mapping aerial photography, control of forest fires, aerial firefighting, advertising, towing services, cross-border planeadores parachutists, cross-border air services for construction, air transport logs, sawn wood or flights overview, training, inspection and monitoring and aerial spraying air;
Governmental services or functions: any cross-border service provided by a public institution, which are not paid on a commercial basis nor in competition with one or more service suppliers;
Professional services: cross-border services that require higher education for technical or university or equivalent training or experience and which is granted or restricted by a party but does not include services provided by persons engaged in a profession or to the crews of vessels or aircraft; and
Cross-border service: the supply of a service:
a) From the territory of one party to the territory of another party;
b) In the territory of a party to a consumer of the other party; and
c) By a service provider through presence of natural persons of a party into the territory of another party;
But does not include the provision of a service in the territory of a party by an investment in that territory.
Article 11.02. Scope of Application
1. This chapter shall apply to measures that a party adopts or maintains relating to cross-border services by service providers of another party, including those relating to:
a) The production, distribution, marketing, sale and delivery of a cross-border service;
b) The purchase, use or the payment of a cross-border service;
c) Access to and use of distribution and transportation systems in connection with the provision of a cross-border service;
d) The presence in its territory of a cross-border service provider of another party; and
e) The provision of a bond or other form of financial security as a condition for the provision of a cross-border service.
2. For purposes of this chapter shall apply to measures adopted or maintained by a Party includes measures adopted or maintained by institutions or non-governmental bodies in the exercise of powers and administrative regulations or other governmental delegated to them by that Party.
3. This chapter shall not apply to:
a) Subsidies or grants provided by a party or a state enterprise, including loans, guarantees and insurance supported by a party;
b) Air services including domestic and international air transportation, scheduled and non-scheduled and ancillary activities in support of air services except:
i) Maintenance services and repair of aircraft during the period
Where an aircraft is withdrawn from service;
ii) Air and specialty services;
iii) Computer reservation systems;
c) Government services or functions such as law enforcement services, social rehabilitation, pension or unemployment insurance or social security services, social welfare, education, training and public health care or protection of children;
d) Cross-border financial services; and
e) Government procurement by a party or a State enterprise.
4. Notwithstanding paragraph 3 (c), if a service provider of a Party, being duly authorized, or services carried out governmental functions, such as social rehabilitation services, pension or unemployment insurance or social security services, social welfare, education, training and public health care or protection of children in the territory of another party; the provision of such services shall be covered by the provisions of this chapter.
5. Nothing in this chapter shall be construed to impose any obligation on a Party with respect to a national of another party seeking access to its employment market or who is permanently employed in its territory, or confer any right on that with respect to that national access or employment.
Article 11.03. National Treatment
1. Each Party shall accord to cross-border services and service providers of another party treatment no less favourable than that accorded to its own like services and service providers.
2. Each Party shall comply with the requirements of paragraph 1 accord to cross-border services and service providers of another Party formally identical or formally different treatment to that waives its own similar cross-border services and service providers.
3. It shall be considered that formally identical or formally different treatment less favourable if it modifies the conditions of competition in favour of cross-border services or service suppliers of a Party compared to like services or cross-border similar service providers of another party.
Article 11.04. Most Favoured Nation Treatment
Each Party shall accord immediately and unconditionally to cross-border services and service providers of another party treatment no less favourable than that it accords to like services and service providers of any other country.
Article 11.05. Standard of Treatment
Each Party shall accord to cross-border services and service providers of the other party the better of the treatment required by articles 1103 and 11.04.
Article 11.06. Local Presence
No Party shall require a service provider of the other party to establish or maintain a representative office or other company or resident in its territory as a condition to the provision of a cross-border service.
Article 11.07. Granting of Permits, Authorizations, Licenses or Certifications
With a view to ensuring that any measure that adopts or maintains a Party with respect to the requirements and procedures for the granting of permits and authorizations, licenses or certifications to nationals of the other party does not constitute an unnecessary barrier to cross-border services each Party shall endeavour to ensure that such measure:
a) Based on objective and transparent criteria, such as the capacity and ability to provide a cross-border service;
b) Not more burdensome than necessary to ensure the quality of a cross-border service; and
c) Do not constitute a disguised restriction on the supply of a cross-border service.
Article 11.08. Reservations
1. Articles 1106, 11.04 1103 and do not apply to:
a) Any Non-Conforming Measure existing Non-Conforming Measure or maintained by a party at all levels of government, as set out in annex I to its schedule;
b) The continuation or prompt renewal of any Non-Conforming Measure referred to in subparagraph (a); or
c) The reform of any Non-Conforming Measure referred to in subparagraph (a), provided that the amendment does not decrease the level of conformity of the measure as currently in force immediately before the amendment with articles 1106 and 1103, 11.04.
2. Articles 1106 and 1103, 11.04 shall not apply to any measure that adopts or maintains a Party with respect to the sectors or sub-sectors or activities as set out in annex II to its schedule.
3. For the purposes of this article and article 11.09; existing means to 18 August 1998, except in the case between Chile and Honduras that will be to 30 June 1999.
Article 11.09. Non-discriminatory Quantitative Restrictions
1. Each Party shall establish a list of existing measures that constitute non-discriminatory quantitative restrictions, which are set out in Annex III.
2. Each Party shall notify the other party of any measure constitutes a quantitative restriction that is non-discriminatory, adopted after the Entry into Force of this Treaty, and shall set out the restriction in the list referred to in paragraph 1.
3. Periodically, at least once every two (2) years, the Parties shall endeavour to negotiate for liberalizing or eliminate:
a) Existing quantitative restrictions to maintain a party according to the List referred to in Paragraph 1; or
b) Quantitative restrictions adopted by a Party after entry into force of this Treaty.
Article 11.10. Denial of Benefits
Subject to prior notification and consultation in accordance with articles 17.04 (provision of information) and article 19.06 (consultations), a Party may deny the benefits of this chapter to a service provider of another party where it determines that the service is being provided by an enterprise that has no substantial business activities in the territory of the other party and that, in accordance with the other party of legislation that is owned or controlled by persons of a non- party.
Article 11.11. Future Liberalization
Through future negotiations to be convened by the Commission, the parties reached the deepen liberalization in services sectors with a view to achieving the elimination of the remaining restrictions listed in accordance with article 1108 (1) and (2).
Article 11.12. Proceedings
The Parties shall establish procedures for:
a) A Party shall notify the other Party and include in its relevant schedule:
i) The amendments to the measures referred to in article 1108 (1) and (2); and
ii) Quantitative restrictions in accordance with article 11.09;
b) Indicate their commitments to liberalize quantitative restrictions, licensing requirements, and other measures and non-discriminatory;
c) Consultations on reservations or quantitative restrictions or commitments with a view to achieving further liberalisation.
Article 11.13. Professional Services
In Annex 11.13 on Professional Services lays down the rules to be observed by the parties to harmonize measures that normarán professional services through the granting of authorisations for professional practice.
Article 11.14. Committee on Cross-border Investment and Services
1. The parties establish a committee on cross-border investment and services as set out in Annex 11.14.
2. The Committee shall hear matters relating to this chapter and chapter 10 (investment).
Annex 11.12 . Professional services
Recognition of certificates
1. Where a party recognise unilaterally or by agreement with another country qualifications obtained in the territory of the other party or non-party country:
a) Nothing in Article 11.04, shall be construed as requiring a party to recognition of qualifications obtained in the territory of the other party; and
b) A Party shall provide to the other party, the opportunity to demonstrate that the qualifications obtained in the territory of that other party should also be recognized or to conclude an agreement or arrangement or having equivalent effect.
Basis for the recognition of qualifications and authorisation to practise
2. The parties agree that the processes of mutual recognition of qualifications and the granting of waivers to the Bar, shall be made on the basis of improving the quality of professional services through the establishment of standards and criteria for those processes, while protecting consumers and safeguarding the public interest.
3. The Parties shall encourage the relevant agencies, inter alia, to the competent governmental authorities and professional associations and bodies, where appropriate, to:
a) Such criteria and standards; and
b) Formulate and to provide recommendations on mutual recognition of professional qualifications and licensing of professional practice.
4. The standards and criteria referred to in paragraph 3 may consider the legislation of each Party and an indication of the following elements: education, reviews, experience, conduct and ethics, professional development and recertification, scope, local knowledge, monitoring and consumer protection.
5. The Parties shall provide detailed information necessary to the recognition of qualification and licensing of professional practice, including the corresponding to academic courses, guides and materials, fees, schedules of examinations, dates, locations, participation in companies or professional associations. this information shall include the laws, regulations and measures of general application of central and those developed by governmental and non-governmental institutions.
Annex 11.14 . Committee on cross-border investment and services
The Committee on cross-border investment and services provided for in article 11.14 shall consist of:
a) In the case of Chile, by the General Directorate of International Economic Relations of the Ministry of Foreign Affairs or his successor;
b) In the case of Costa Rica, by the Ministry of Foreign Trade or its successor;
c) In the case of El Salvador, by the Ministry of Economy, or its successor;
d) In the case of Guatemala, by the Ministry of Economy, or its successor;
e) In the case of Honduras, by the Ministry of Trade and Industry, or its successor; and
f) In the case of Nicaragua, by the Ministry of Development, Industry and Trade, or its successor.
Chapter 12. Air Transport
Article 12.01. Scope of Application
1. This chapter shall apply to measures that adopts or maintains a Party in respect of air transport services.
2. This Treaty shall be incorporated into and form an integral part thereof on air transport agreements concluded or to be concluded between Chile and a Central American country, hereinafter conventions, including as set out in annex 12.01.
3. In the event of any inconsistency between this Agreement and the agreements, the former shall prevail to the extent of the inconsistency.
Article 12.02. Consolidation of Measures
Any change in the conventions, may not remove or impair the rights of existing prior to the modification.
Article 12.03. Dispute Settlement
1. Disputes that may arise regarding the interpretation or application of this chapter of the conventions, or shall be governed by the provisions of chapter 19 (dispute settlement), in accordance with the amendments set out in this article.
2. When a party claims that a dispute arises under paragraph 1, article 19.11 (integration of the arbitral group) shall apply, except that:
a) The arbitration panel shall be composed entirely of the arbitrators who meet the requirements set forth in subparagraphs (b) and (c);