b) Within a period of thirty (30) days from the date of entry into force of this Treaty, by consensus the Parties shall establish a list of up to ten (10) persons who have the necessary skills and available to serve as arbitrators in respect of air transport services; and
c) Roster members shall:
i) Have expertise or experience in practice of air transport services; and
ii) Comply with the requirements established in article 7.10 (qualities of arbitrators).
3. In the event that the list referred to in paragraph 2 (b) Has not been established, each party shall appoint one arbitrator and the litigant with third parties involved shall designate by common agreement. where an arbitral panel has not been constituted under this paragraph within the time period established in article 19.11 (integration of the arbitral group), the President of the Council of the International Civil Aviation Organization, in accordance with the procedures of this body and at the request of any party litigants, shall appoint the arbitrator or arbitrators who have not been appointed.
Article 12.04. Air Transport Committee
1. The parties establish a committee of air transport, whose composition stated in Annex 12.04.
2. The Committee shall hear matters relating to this chapter.
Annex 12.01 . Scope of application
1. This Treaty shall be incorporated into and form an integral part thereof, the Air Transport Agreement between the Republic of Chile and the Republic of Costa Rica, signed in San Jose on 6 April 1999, or its successor.
2. Furthermore, Chile and Costa Rica ratify and agree to be bound by the record signed between the aeronautical authorities on 1 July 1998, in the sense that there is a need to temporarily maintain limitations on the operation of the fifth freedom of operators of Costa Rica at Lima - Santiago - Lima, whereas this segment is limited by the Peruvian authorities to Chilean enterprises. these limitations shall apply in the following manner:
a) May be transported to a total of 10,000 passengers between 1 July and 31 December 1998 together addresses;
b) During the year 1999 establishing the quota on an annual basis 18,000 passengers together both directions, the rate of increase in the total market in the year 1998 over the previous year. the final assessment in any case shall not be less than 21,000 passengers together addresses;
c) If the 1 January 2000 from the Chilean party had not requested a review meeting, the limitation of the tranche Santiago - Lima Lima - shall be terminated. by that date if the party Chilean request a review of the quota shall be to increase and not to be reduced;
d) The meeting shall take place and be concluded within 30 calendar days of notification; the absence of the meeting of the party responsible for Costa Rica will continue to apply the quota for 1999 until the completion of the review process and if there is no depositary for Chilean party liability, limitation shall be without effect; and
e) If, for any reason restrictions imposed by Peru to Chile supersede, it shall be eliminated restrictions set out herein.
Annex 12.01 . Committee on air transport
The Committee of Air Transport established in article 12.04, shall be composed of:
a) In the case of Chile, the Board of Civil Aviation, or its successor;
b) In the case of Costa Rica, the Civil Aviation Board of the Ministry of Public Works and Transport and the Directorate-General for Civil Aviation, or their successors;
c) In the case of El Salvador, the Ministry of Foreign Affairs, the General Directorate of Air Transport and the Vice-Ministry of Transport, or their successors;
d) In the case of Guatemala, the Directorate of Civil Aviation, or its successor;
e) In the case of Honduras, the Directorate General of Civil Aviation of the Ministry of Public Works, Transport and Housing, or its successor; and
f) In the case of Nicaragua, the Directorate of Civil Aviation of the Ministry of Transport and Infrastructure, or its successor.
Chapter 13. Telecommunications
Article 13.01. Exclusion
This chapter shall not apply between Chile and Costa Rica.
Article 13.02. Definitions
For purposes of this chapter:
internal corporate communications: the telecommunications by which a company communicates:
a) Internally or with or among its subsidiaries and branches and subsidiaries, as defined by each Party; or
b) A non-commercial basis with other persons that are fundamental to the economic activity of the enterprise and that have a continuing contractual relationship with it;
But does not include telecommunications services supplied to persons other than those described in this definition;
Authorized: the terminal equipment or other equipment that has been adopted to connect to the public telecommunications network in accordance with the conformity assessment procedures of a party;
Terminal equipment means any device capable of analogue or digital processing, commute, marking, receiving or transmitting signals by electromagnetic means and be connected to the public telecommunications network, through broadcast or cable connections, at a terminal;
Measures related to standardization: "standardization measures" as defined in article 9.01 (definitions);
Monopoly means an entity, including a consortium or government agency that is maintained or designated according to its legislation, if it so permits, as the sole supplier of public telecommunications networks or services in any relevant market in the territory of a party;
Conformity assessment procedure: "conformity assessment procedure" as defined in article 9.01 (definitions) and includes the procedures referred to in annex 13.03;
Protocol: a set of rules and formats governing the exchange of information between two peer entities for the purposes of transfer of information and data;
Main incumbent provider or operator: a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for telecommunications services as a result of control over essential facilities or use of its position in the market;
The network of terminal point: the final demarcation of the public telecommunications network user facilities;
Private telecommunication network means the telecommunications network used exclusively for internal communications between persons of a company or predetermined;
Public telecommunications network means the telecommunications network used to exploit commercially telecommunications services designed to meet the needs of the
In general, excluding public telecommunications terminal equipment or users of telecommunications networks that are beyond the point of the network;
Telecommunications service means a service provided by means of transmission and reception of signals by physical line, radioelectricidad, optical or other electromagnetic systems, but does not mean cable broadcasting or other electromagnetic distribution of radio or television programming;
Public telecommunications service telecommunications means any service that requires a party explicitly or indeed to be offered to the public generally, including telegraph, telex, telephone and data transmission typically involves real-time transmission of information provided by the user between two or more points without any change of "end-to-end" in the form or content of the information of the user;
Enhanced or value added services: telecommunications services employing computer processing systems that:
a) Acting on the format, content and protocol, code or similar aspects of information transmitted user;
b) Additional information provided to the client, or different restructured; or
c) Involve user interaction with the stored information; and
Telecommunications means any emission, transmission or reception of signs, signals, writings, images and sounds and information on any kind of physical line, radioelectricidad, optical or other electromagnetic systems.
Article 13.03. Scope of Application
1. This chapter applies to:
a) Measures adopted or maintained by a Party relating to the provision of public telecommunications services;
b) Measures adopted or maintained by a Party relating to access to and use of public telecommunications networks or services by persons of another party, including access and use by private persons operating such networks so as to carry out their internal communications of enterprises;
c) Measures adopted or maintained by a Party relating to the provision of value-added services enhanced or by persons of another party in the territory of the first or across its borders; and
d) Standardization measures relating to the attachment of terminal or other equipment to the public telecommunications networks.
2. Except to ensure that persons operating broadcast stations and cable systems have access to and use of public telecommunications networks and services this chapter does not apply to measures that a party adopts or maintains relating to broadcast or cable distribution of radio or television programming.
3. Nothing in this chapter shall be construed as:
a) to require a Party to authorize a person of another Party to establish, construct, acquire, lease, operate or supply telecommunications networks or services;
(b) compelling a Party or requiring a Party to require a person to establish, construct, acquire, lease, operate or supply telecommunications networks or services that are not offered to the general public;
c) prevent a Party from prohibiting persons operating private telecommunications networks from using their networks to provide public telecommunications networks or services to third persons; or
d) require a Party to require a person engaged in the broadcasting or cable distribution of radio or television programming to provide its cable distribution or broadcasting infrastructure as a public telecommunications network.
Article 13.04. Access to Networks and Public Telecommunications Services and Use
1. For the purposes of this article, non-discriminatory terms and conditions no less favourable than those accorded to any other customer or user of public telecommunications networks or services in like circumstances.
2. Each Party shall ensure that persons of the other party have access to and use of any public telecommunications network or service offered in its territory or across borders, including private leased circuits on reasonable and non-discriminatory terms and conditions, for the conduct of business, including as set out in the other paragraphs of this article.
3. Subject to paragraphs 7 and 8, each Party shall ensure that persons of the other party are permitted to:
a) Purchase or lease and interconnect terminal equipment or other equipment that interfaces with the public telecommunications network;
b) Interconnect private owned or leased circuits with public telecommunications networks in the territory of that Party or across its borders through marking including direct access to and from their customers or users or with leased circuits or owned by another person on mutually agreed terms and conditions by those persons, in accordance with annex 1304;
c) Functions switching, marking and processing; and
d) Operating protocols use of their choice in accordance with the technical plans of each party.
4. Each Party shall ensure that the pricing of public telecommunications services reflects economic costs directly related to providing the services, without prejudice to the applicable legislation. nothing in this paragraph shall be construed as to prevent cross-subsidization between public telecommunications services.
5. Each Party shall ensure that persons of another Party may use public telecommunications networks or services to transmit the information in its territory or across its borders including for internal communications of enterprises, and for access to information contained in databases or otherwise stored in machine-readable form by a machine in the territory of the other party.
6. Further to article General 20.02 (Exceptions), nothing in this chapter shall be construed as preventing a Party may adopt or apply any measure necessary to:
a) To ensure the security and confidentiality of messages; or
b) Protect the privacy of subscribers public telecommunications networks or services.
7. In addition to the provisions of article 13.06, each Party shall ensure that no condition is imposed more access to public telecommunications networks or services and their use, that necessary to:
a) Safeguard the public service responsibilities of providers of public telecommunications networks or services. in particular their ability to make their networks or services available to the public generally or;
b) Protect the integrity of public networks or technical telecommunications services.
8. Provided that conditions for access to public telecommunications networks or services and their use fulfil the criteria set out in paragraph 7, such conditions may include:
a) Restrictions on resale or shared use of such services;
b) Requirements for the use of specific technical interfaces, including interface protocols for interconnection with such networks or services;
c) Restrictions on interconnection of private owned or leased circuits with such networks or services or with leased circuits or owned by another person; and when these are used for the supply of public telecommunications networks or services; and
d) Procedures for licensing, permitting or records, concessions, notifications, adopted or maintained, are transparent and to the processing of applications is expeditiously resolved.
Article 13.05. Conditions for the Provision of Value-added or Improved Services
1. Each Party shall ensure that:
a) Any procedure that it adopts or maintains to grant licences, permits, concessions, records or notifications relating to the provision of value-added services enhanced or is transparent and non-discriminatory and that applications are resolved expeditiously; and
b) The information required under such procedures is limited to that necessary to demonstrate that the applicant has the financial solvency to begin providing services or facilities or equipment or other terminal equipment the applicant to comply with applicable technical standards or regulations of the Party, or the requirements related to the legal constitution of the applicant.
2. Without prejudice to the legislation of each party, no Party shall require a person providing enhanced or value-added services to:
a) Such services to the public generally;
b) Justify their tariffs according to its costs;
c) A fee;
d) Its interconnect networks with any particular customer or network; or
e) Satisfy any standard or technical regulation for interconnection other than for interconnection to a public telecommunications network.
3. Notwithstanding paragraph 2 (c), a Party may require the filing of a tariff by:
a) A service provider to remedy a practice that that the provider of a Party has found in a particular case as anti-competitive, in accordance with its laws; or
b) A main provider monopoly, or to implement the incumbent operator.
Article 13.06. Measures Related to Standardization
1. Each Party shall ensure that its measures relating to the standardization relating to the attachment of terminal or other equipment to the public telecommunications networks, including those measures relating to the use of measuring equipment for testing and conformity assessment procedure, are adopted or maintained only to the extent necessary to:
a) Technical prevent damage to public telecommunications networks;
b) Technical prevent interference with public telecommunications services, or their deterioration;
c) Prevent electromagnetic interference, and ensure compatibility with other uses of spectrum;
d) Prevent the malfunctioning of valuation, collection and invoicing;
e) To ensure the safety of users and their access to public networks or telecommunications services; or
f) To ensure the efficient use of spectrum.
2. Each Party may establish the approval requirement for the attachment to the public telecommunications network of terminal or other equipment that is not authorized, provided that the criteria for approval are consistent with paragraph 1.
3. Each Party shall ensure that the endpoints of public telecommunications networks are defined on a reasonable and transparent basis.
4. Neither party may require separate authorization for equipment that is connected on customer side of the authorized equipment that serves as a protective device fulfilling the criteria of paragraph 1.
5. Each Party shall:
a) Ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications filed in effect are diligently processed;
b) Permit any technically qualified entity to perform the required testing to terminal equipment or other equipment to be attached to the public telecommunications network, in accordance with the conformity assessment procedures of that Party, subject to the right of the same to review the accuracy and completeness of the test results; and
c) It shall ensure that are not discriminatory measures it adopts or maintains to authorize individuals as agents for suppliers of telecommunications equipment before the competent authorities of that Party for conformity assessment.
6. Not later than twelve (12) months after the date of Entry into Force of this Treaty, each Party shall, as part of its conformity assessment procedures, the provisions necessary to accept the test results from laboratories or testing facilities in the territory of the other party, in accordance with the measures and procedures relating to the standardization of the Party to which it relates to accept.
Article 13.07. Monopolies or Anticompetitive Practices
1. Where a party maintains or designates a monopoly or a main provider or incumbent operator to provide public telecommunications networks and services and it competes directly or through a branch in the provision of enhanced or value-added services or other goods or services associated with telecommunications, that Party shall seek to ensure that monopoly, the main provider or incumbent operator does not use its position to engage in anticompetitive practices in these markets, either directly or through its dealings with its subsidiaries, so that affects desventajosamente to a person of the other party. Such practices may include predatory conduct and cross-subsidization or discrimination in access to public telecommunications networks and services.
2. Each Party shall adopt or maintain effective measures to prevent anticompetitive conduct referred to in paragraph 1, such as:
a) Accounting requirements;
b) Requirements for structural separation;
c) Rules to ensure that monopoly, the main provider or incumbent operator accorded to its competitors access to and use of its public networks or telecommunications services on terms and conditions no less favourable than those it accords to itself or its affiliates; or
d) Rules for the timely disclosure of technical changes to public telecommunications networks and their interfaces.
Article 13.08. Transparency
In addition to the provisions of article 17.03 (publication), each Party shall make publicly available its measures relating to access to public telecommunications networks or services and its use, including measures relating to:
a) Tariffs and other terms and conditions of service;
b) Technical specifications of interfaces with such networks and services;
c) Information on bodies responsible for the preparation and adoption of standards affecting such access and use;
d) Conditions for the attachment of terminal or other equipment to public telecommunications networks; and
e) Notification requirements, licensing or permit registration certificate concession.
Article 13.09. Relationship to other Chapters
In the event of incompatibility between any provision of this chapter and any other provision of the chapter shall prevail to the extent of the inconsistency.
Article 13.10. Relationship with Organizations and International Treaties
The Parties recognise the importance of international standards for global compatibility and interoperability of networks or telecommunications services and undertake to promote such standards through the work of relevant international bodies, including the International Telecommunication Union and the International Organization for Standardization and the Inter-American Commission telecommunications.
Article 13.11. Technical Cooperation and other Consultations
1. In order to encourage the development of interoperable telecommunications services, the Parties shall cooperate in the exchange of technical information in the development of training programs and other related intergovernmental activities. in pursuance of this obligation, the Parties shall put special emphasis to existing exchange programs.
2. The Parties shall consult with a view to determining the feasibility of further liberalizing trade in services, including all telecommunications networks and public telecommunications services.
Chapter 14. Temporary Entry of Business Persons
Article 14.01. Definitions
1. For purposes of this chapter:
Business activities: activities legitimate commercial nature established and operated in order to gain market. does not include the possibility of obtaining employment and wages or remuneration from a source of employment in the territory of a party;
Labour: the certification procedure conducted by the competent administrative authority to determine whether a national of a party who seeks temporary entry to the territory of another party, displaces domestic labour force in the same sector or significantly affects the working conditions;
Temporary entry means business entry by a person of a Party in the territory of the other party without the intent to establish permanent residence;
National: "National" as defined in article (2.01 definitions of general application), but does not include a permanent residents or permanent residents;
National business means a person who is engaged in trade in goods or services or investment activities; and
Recurrent practice: a practice carried out by the immigration authorities in the form of a Party representative repetitive during a period immediately preceding and the implementation of the same.
2. For purposes of Annex: 14.04:
Executive functions: those functions within an organization under which the person is primarily the following responsibilities:
a) The direct management of the organization or a component of the relevant or function thereof;
b) Establishing the policies and objectives of the Organization, component or function; or
c) Receiving supervision or general direction from only a higher executives, the Board of Directors or the Administrative Council of the Organization or shareholders;
Managerial functions: those functions within an organization under which the person is primarily the following responsibilities:
a) Managing the organization or an essential function within it;