Chile - Korea, Republic of FTA (2003)
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Title

FREE TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE REPUBLIC OF CHILE

Preamble

The Government of the Republic of Korea ("Korea") and the Government of the Republic of Chile ("Chile"), hereinafter referred to as "the Parties";

Committed to strengthening the special bonds of friendship and cooperation between their countries;

Sharing the belief that a free trade agreement shall produce mutual benefits to each Party and contribute to the expansion and development of world trade under the multilateral trading system embodied in the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement");

Building on their respective rights and obligations under the WTO Agreement and other multilateral, regional and bilateral instruments of cooperation, including APEC;

Resolved to promote reciprocal trade and investment through the establishment of clear and mutually advantageous trade rules and the avoidance of trade and investment barriers;

Recognizing that this Agreement should be implemented with a view toward raising the standard of living, creating new work opportunities, and promoting sustainable development in a manner consistent with environmental protection and conservation;

Committed to promoting the public welfare within each of their countries; and

Desiring to strengthen the parallel development of market economy and democracy within their countries;

HAVE AGREED as follows:

Body

Part I. GENERAL ASPECTS

Chapter 1. INITIAL PROVISIONS

Article 1.1. Establishment of the Free Trade Area

The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade 1994 ("GATT") and Article V of the General Agreement on Trade in Services ("GATS"), which are part of the WTO Agreement, hereby establish a free trade area.

Article 1.2. Objectives

1. The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national treatment, most-favoured-nation treatment and transparency, are to:

(a) encourage expansion and diversification of reciprocal trade between the Parties;

(b) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the Parties;

(c) promote conditions of fair competition in the free trade area;

(d) substantially increase investment opportunities between the territories of the Parties;

(e) provide adequate and effective protection and enforcement of intellectual property rights in each Party's territory;

(f) create effective procedures for the implementation and application of this Agreement, for its joint administration, and for the resolution of disputes; and

(g) establish a framework for further bilateral and multilateral cooperation in order to expand and enhance the benefits of this Agreement.

2. The Parties shall interpret and apply the provisions of this Agreement in the light of the objectives set out in paragraph 1 and in accordance with the applicable rules of international law.

Article 1.3. Relation to other International Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other international agreements to which both Parties are party.

2. In the event of any inconsistency between this Agreement and such other agreements under paragraph 1, this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

Article 1.4. Succession of Treaties or International Agreements

Any reference in this Agreement to any other treaty or international agreement shall be made in the same terms to its successor treaty or international agreement to which the Parties are party.

Article 1.5. Extent of Obligations

The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement in their respective territories.

Chapter 2. GENERAL DEFINITIONS

Article 2.1. Definitions of General Application

For purposes of this Agreement, unless otherwise specified:

Agreement means the free trade agreement between the Parties;

APEC means Asia-Pacific Economic Cooperation;

citizen means a citizen as defined in Annex 2.1 for the Party specified in that Annex; Commission means the Free Trade Commission established under Article 18.1;

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, including its interpretative notes, which is part of the WTO Agreement;

days means calendar days;

enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture and other association;

enterprise of a Party means an enterprise constituted or organized under the law of a Party;

existing means in effect on the date of entry into force of this Agreement;

GATS means the General Agreement on Trade in Services, which is part of the WTO Agreement;

GATT means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;

Generally Accepted Accounting Principles means the recognized consensus or substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, disclosure of information and preparation of financial statements. These standards may be broad guidelines of general application as well as detailed standards, practices and procedures;

goods of a Party means domestic products as these are understood in the GATT or such goods as the Parties may agree upon, including originating goods of that Party. The goods of the Parties may incorporate materials of other countries;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;

heading means a code of tariff classification of the Harmonized System at the level of four digits;

measure means, inter alia, any law, regulation, procedure or administrative action, requirement or practice;

national means a natural person who is a citizen or permanent resident of a Party; originating good means a good qualifying under the rules of origin set out in Chapter 4; person means a natural person or an enterprise;

person of a Party means a national or an enterprise of a Party;

Secretariat means the Secretariat established under Article 18.2;

standards-related measures means a standard, technical regulation or conformity assessment procedure;

state enterprise means an enterprise that is owned or controlled through ownership interests by a Party;

subheading means a code of tariff classification of the Harmonized System at the level of six digits;

Tariff Elimination Schedule means the Tariff Elimination Schedule referred to in Article 3.4; territory means for a Party, the territory of that Party as set out in Annex 2.1;

TBT Agreement means the Agreement on Technical Barriers to Trade, which is part of the WTO Agreement;

TRIPS Agreement means the Agreement on Trade Related Aspects of Intellectual Property Rights, which is part of the WTO Agreement;

Uniform Regulations means the regulations established under Article 5.12; and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994.

Annex 2.1. Country-Specific Definitions

For purposes of this Agreement, unless otherwise specified:

citizen means: (a) with respect to Chile, a Chilean as defined in Article 13 of the Political Constitution of the Republic of Chile ("Constitucién Politica de la Reptblica de Chile); and (b) with respect to Korea, a Korean as defined in Article 2 of the Constitution of the Republic of Korea and its relevant law.

territory means:

(a) with respect to Chile, the land, maritime, and air space under its sovereignty, and the exclusive economic zone and the continental shelf over which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law; and

(b) with respect to Korea, the land, maritime, and air space under its sovereignty, and those maritime areas, including the seabed and subsoil adjacent to the outer limit of the territorial sea over which it exercises sovereign rights or jurisdiction in accordance with international law and its domestic law.

Part II. TRADE IN GOODS

Chapter 3. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Section A. Definitions and Scope and Coverage

Article 3.1. Definitions

For purposes of this Chapter:

advertising films means recorded visual media, with or without sound-tracks, consisting essentially of images showing the nature or operation of goods or services offered for sale or lease by a person established or resident in the territory of any Party, provided that the films are of a kind suitable for exhibition to prospective customers but not for broadcast to the general public, and provided that they are imported in packets that each contain no more than one copy of each film and that do not form part of a larger consignment;

agricultural goods means those goods referred to in Article 2 of the Agreement on Agriculture, which is part of the WTO Agreement;

commercial samples of negligible value means commercial samples having a value, individually or in the aggregate as shipped, of not more than one U.S. dollar, or the equivalent amount in the currency of either of the Parties, or so marked, torn, perforated or otherwise treated that they are unsuitable for sale or for use except as commercial samples;

consumed means:

(a) actually consumed; or

(b) further processed or manufactured so as to result in a substantial change in value, form or use of the good or in the production of another good;

customs duty means any customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article II:2 of GATT, or any equivalent provision of a successor agreement to which both Parties are party;

(b) anti-dumping or countervailing duty that is applied pursuant to a Party's domestic law and consistently with Chapter 7;

(c) fee or other charge in connection with importation commensurate with the cost of services rendered; and

(d) premium offered or collected on an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions, tariff rate quotas or tariff preference levels;

goods imported for sports purposes means sports requisites for use in sports contests, demonstrations or training in the territory of the Party into whose territory such goods are imported;

goods intended for display or demonstration includes their component parts, ancillary apparatus and accessories;

printed advertising materials means those goods classified in Chapter 49 of the Harmonised System, including brochures, pamphlets, leaflets, trade catalogues, yearbooks published by trade associations, tourist promotional materials and posters, that are used to promote, publicise or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge; and

repair or alteration does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good. (1)

(1) An operation or process that is part of the production or assembly of an unfinished good into a finished good is not a repair or alteration of the unfinished good; a component of a good is a good that may be subject to repair or alteration.

Article 3.2. Scope and Coverage

This Chapter shall be applied to the trade in goods between the Parties.

Section B. National Treatment

Article 3.3. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT, including its interpretative notes, and to this end, Article III of GATT and its interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made part of this Agreement.

2. For the purpose of paragraph 1, each Party shall grant to the goods of the other Party a treatment no less favourable than the most favourable treatment granted by that Party to its own like or directly competitive or substitutable goods of national origin.

Section C. Tariffs

Article 3.4. Tariff Elimination

1. Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty or adopt any customs duty on a good.

2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods in accordance with its Tariff Elimination Schedule set out in Annex 3.4.

3. If at any moment a Party reduces its most-favoured-nation customs duties to non-Parties for one or more goods included in the Agreement, the Parties shall consult to consider adjusting the customs duties applicable to reciprocal trade.

4. Upon request of a Party, the Parties shall consult to consider accelerating the elimination of customs duties set out in their Tariff Elimination Schedules.

5. The agreement reached pursuant to paragraph 4 regarding the accelerated elimination of customs duties on an originating good shall be put into effect in accordance with Article 18.1 and each Party's applicable legal procedures, and shall prevail over any other duty rate or staging category, determined pursuant to its Tariff Elimination Schedule for the good.

6. Except as otherwise provided in this Agreement, either Party may adopt or maintain import measures to allocate in-quota imports made pursuant to a tariff rate quota set out in Annex 3.4, provided that such measures do not have trade restrictive effects on imports additional to those caused by the imposition of the tariff rate quota.

Article 3.5. Temporary Admission of Goods

1. Each Party shall grant duty-free temporary admission, including exemption from fees as specified in Annex 3.5 for: (a) professional equipment necessary for carrying out the business activity, trade or profession of a business person who qualifies for temporary entry pursuant to Chapter 13.

(b) equipment for the press or for sound or television broadcasting and cinematographic equipment,

(c) goods imported for sports purposes and goods intended for display or demonstration, and

(d) commercial samples and advertising films, admitted from the territory of the other Party, regardless of their origin and regardless of whether like or directly competitive or substitutable goods are available in the territory of the Party.

2. Except as otherwise provided in this Agreement, neither Party may impose any condition upon the duty-free temporary admission of a good referred to in subparagraph 1(a), (b) or (c), other than the requirement that such a good:

(a) be admitted by a national or resident of the other Party who seeks temporary entry;

(b) be used solely by or under the personal supervision of such a person in the exercise of the business activity, trade or profession of that person;

(c) not be sold or leased while in its territory;

(d) be accompanied by a bond in an amount no greater than 110 per cent of the charges that would otherwise be owed on entry or final importation, or by another form of security, releasable on exportation of the good, except that a bond for customs duties shall not be required for an originating good;

(e) be capable of identification when exported;

(f) be exported on the departure of that person or within such other period of time as is reasonably related to the purpose of the temporary admission; and

(g) be imported in no greater quantity than is reasonable for its intended use.

3. Except as otherwise provided in this Agreement, neither Party may impose any condition upon the duty-free temporary admission of a good referred to in subparagraph 1(d), other than the requirement that such a good:

(a) be admitted solely for the solicitation of orders for goods or services provided from the territory of the other Party or a non-Party;

(b) not be sold, leased or put to any use other than exhibition or demonstration while in its territory;

(c) be capable of identification when exported;

(d) be exported within such a period as is reasonably related to the purpose of the temporary admission; and

(e) be admitted in no greater quantity than is reasonable for its intended use.

4. Where a good is temporarily admitted duty-free under paragraph 1 and any condition the Party imposes under paragraphs 2 and 3 has not been fulfilled, a Party may impose:

(a) the customs duty and any other charge that would be owed on entry or final importation of the good; and

(b) any applicable criminal, civil or administrative responsibilities that the circumstances may warrant.

5. Subject to Chapters 10 and 11:

(a) each Party shall allow a container used in international traffic, which enters its territory from the territory of the other Party, to exit its territory on any route that is reasonably related to the economic and prompt departure of such a container;

(b) neither Party may require any bond or impose any penalty or charge solely by reason of any difference between the port of entry and the port of departure of a container;

(c) neither Party may condition the release of any obligation, including any bond, that it imposes in respect of the entry of a container into its territory on its exit through any particular port of departure; and

(d) neither Party may require that the carrier bringing a container from the territory of the other Party into its territory be the same carrier that takes the container to the territory of the other Party.

Article 3.6. Duty-Free Entry of Certain Commercial Samples of Negligible Value and Printed Advertising Materials

Each Party shall grant duty-free entry to commercial samples of negligible or non- commercial value, and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that:

(a) such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-Party, regardless of whether they are originating goods, or whether services are provided from the territory of the other Party or a non-Party; or

(b) such advertising materials be imported in packets that each contain no more than one copy of each of such materials and that neither such materials nor packets form part of a larger consignment.

Article 3.7. Goods Re-Entered after Repair or Alteration

1. Neither Party may apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been exported or if it was under a temporary exit from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in its territory.

2. Neither Party may apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration.

Article 3.8. Customs Valuation

The Customs Valuation Agreement shall govern the customs valuation rules applied by the Parties to their reciprocal trade.

Section D. Non-Tariff Measures

Article 3.9. Import and Export Restrictions

1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT, including its interpretative notes, and to this end, Article XI of GATT and its interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made part of this Agreement.

2. The Parties understand that the rights and obligations under GATT, incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, export price requirements and, except as permitted in enforcement of countervailing and antidumping orders and undertakings, import price requirements.

3. Inthe event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-Party of a good, nothing in this Agreement shall be construed to prevent the Party from:

(a) limiting or prohibiting the importation from the territory of the other Party of such a good of that non-Party; or

(b) requiring as a condition of export of such a good of the Party to the territory of the other Party, that the good not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other Party.

4. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, the Parties, upon request of the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing and distribution arrangements in the other Party.

5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 3.9.

Article 3.10. Customs User Fees

Page 1 Next page
  • Part   I GENERAL ASPECTS 1
  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of the Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other International Agreements 1
  • Article   1.4 Succession of Treaties or International Agreements 1
  • Article   1.5 Extent of Obligations 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   2.1 Definitions of General Application 1
  • Annex 2.1  Country-Specific Definitions 1
  • Part   II TRADE IN GOODS 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitions and Scope and Coverage 1
  • Article   3.1 Definitions 1
  • Article   3.2 Scope and Coverage 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariffs 1
  • Article   3.4 Tariff Elimination 1
  • Article   3.5 Temporary Admission of Goods 1
  • Article   3.6 Duty-Free Entry of Certain Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   3.7 Goods Re-Entered after Repair or Alteration 1
  • Article   3.8 Customs Valuation 1
  • Section   D Non-Tariff Measures 1
  • Article   3.9 Import and Export Restrictions 1
  • Article   3.10 Customs User Fees 2
  • Article   3.11 Export Taxes 2
  • Article   3.12 Emergency Clause for Agricultural Goods 2
  • Article   3.13 Committee on Trade In Goods 2
  • Chapter   4 RULES OF ORIGIN 2
  • Article   4.1 Definitions 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Regional Value Content 2
  • Article   4.4 Intermediate Materials 2
  • Article   4.5 Accumulation 2
  • Article   4.6 De Minimis 2
  • Article   4.7 Fungible Goods and Materials 2
  • Article   4.8 Accessories, Spare Parts and Tools 2
  • Article   4.9 Indirect Materials 2
  • Article   4.10 Packaging Materials and Containers for Retail Sale 2
  • Article   4.11 Packing Materials and Containers for Shipment 2
  • Article   4.12 Transhipment 2
  • Article   4.13 Non-Qualifying Operations 2
  • Article   4.14 Interpretation and Application 2
  • Article   4.15 Consultations and Modifications 2
  • Chapter   5 CUSTOMS PROCEDURES 3
  • Article   5.1 Definitions 3
  • Article   5.2 Certificate and Declaration of Origin 3
  • Article   5.3 Obligations Regarding Importations 3
  • Article   5.4 Obligations Regarding Exportations 3
  • Article   5.5 Exceptions 3
  • Article   5.6 Invoicing by a Non-Party Operator 3
  • Article   5.7 Confidentiality 3
  • Article   5.8 Origin Verifications 3
  • Article   5.9 Advanced Rulings on Determinations of Origin 3
  • Article   5.10 Review and Appeal 3
  • Article   5.11 Penalties 3
  • Article   5.12 Uniform Regulations 3
  • Article   5.13 Cooperation 3
  • Article   5.14 Review 4
  • Chapter   6 SAFEGUARD MEASURES 4
  • Article   6.1 Safeguard Measures 4
  • Chapter   7 ANTI-DUMPING AND COUNTERVAILING DUTY MATTERS 4
  • Article   7.1 Anti-Dumping and Countervailing Duty Matters 4
  • Chapter   8 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   8.1 Definitions 4
  • Article   8.2 General Provisions 4
  • Article   8.3 Rights of the Parties 4
  • Article   8.4 Obligations of the Parties 4
  • Article   8.5 International Standards and Harmonization 4
  • Article   8.6 Equivalence 4
  • Article   8.7 Risk Assessment and Determination of Appropriate Sanitary and Phytosanitary Level of Protection 4
  • Article   8.8 Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 4
  • Article   8.9 Control, Inspection and Approval Procedures 4
  • Article   8.10 Transparency 4
  • Article   8.11 Committee on Sanitary and Phytosanitary Measures 4
  • Article   8.12 Technical Consultations 4
  • Chapter   9 STANDARDS-RELATED MEASURES 4
  • Article   9.1 Definitions 4
  • Article   9.2 General Provision 4
  • Article   9.3 Scope and Coverage 4
  • Article   9.4 Basic Rights and Obligations 4
  • Article   9.5 Compatibility 4
  • Article   9.6 Conformity Assessment Procedures 4
  • Article   9.7 Authorization Procedures 5
  • Article   9.8 Transparency 5
  • Article   9.9 Limitations on the Provision of Information 5
  • Article   9.10 Committee on Standards-Related Measures 5
  • Article   9.11 Technical Cooperation 5
  • Part   II INVESTMENT, SERVICES AND RELATED MATTERS 5
  • Chapter   10 INVESTMENT 5
  • Section   A Definitions 5
  • Article   10.1 Definitions 5
  • Section   B Investment 5
  • Article   10.2 Scope and Coverage 5
  • Article   10.3 National Treatment 5
  • Article   10.4 Most-Favoured-Nation Treatment 5
  • Article   10.5 Minimum Standard of Treatment 5
  • Article   10.6 Losses and Compensation 5
  • Article   10.7 Performance Requirements 5
  • Article   10.8 Senior Management and Boards of Directors 5
  • Article   10.9 Reservations and Exceptions 5
  • Article   10.10 Future Liberalization 5
  • Article   10.11 Transfers 5
  • Article   10.12 Exceptions and Safeguard Measures 6
  • Article   10.13 Expropriation and Compensation 6
  • Article   10.14 Subrogation 6
  • Article   10.15 Special Formalities and Information Requirements 6
  • Article   10.16 Relation to other Chapters 6
  • Article   10.17 Denial of Benefits 6
  • Article   10.18 Environmental Measures 6
  • Section   C Settlement of Disputes between a Party and an Investor of the other Party 6
  • Article   10.19 Purpose 6
  • Article   10.20 Claim by an Investor of a Party on Its Own Behalf 6
  • Article   10.21 Claim by an Investor of a Party on Behalf of an Enterprise 6
  • Article   10.22 Settlement of a Claim Through Consultation and Negotiation 6
  • Article   10.23 Notice of Intent to Submit a Claim to Arbitration 6
  • Article   10.24 Submission of a Claim to Arbitration 6
  • Article   10.25 Conditions Precedent to Submission of a Claim to Arbitration 6
  • Article   10.26 Consent to Arbitration 6
  • Article   10.27 Number of Arbitrators and Method of Appointment 6
  • Article   10.28 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 6
  • Article   10.29 Agreement to Appointment of Arbitrators 6
  • Article   10.30 Consolidation 6
  • Article   10.31 Notice 6
  • Article   10.32 Participation by a Party 6
  • Article   10.33 Documents 6
  • Article   10.34 Place of Arbitration 6
  • Article   10.35 Governing Law 6
  • Article   10.36 Interpretation of Annexes 6
  • Article   10.37 Expert Reports 6
  • Article   10.38 Interim Measures of Protection 6
  • Article   10.39 Final Award 6
  • Article   10.40 Finality and Enforcement of an Award 6
  • Article   10.41 General Provision Time When a Claim Is Submitted to Arbitration 7
  • Article   10.42 Exclusions 7
  • Section   D D - Investment and Cross-Border Trade In Services Committee 7
  • Article   10.43 Investment and Cross-Border Trade In Services Committee 7
  • Annex 10.9.6  7
  • Annex 10.11  7
  • Annex 10.20  7
  • Annex 10.4.1.2  Service of Documents 7
  • Annex 10.41.4  Publication of an Award 7
  • Annex 10.43  Composition of the Investment and Cross-Border Trade in Services Committee 7
  • Chapter   11 CROSS-BORDER TRADE IN SERVICES 7
  • Article   11.1 Definitions for Purposes of this Chapter: 7
  • Article   11.2 Scope and Coverage 7
  • Article   11.3 National Treatment 7
  • Article   11.4 Local Presence 7
  • Article   11.5 Reservations 7
  • Article   11.6 Quantitative Restrictions 7
  • Article   11.7 Future Liberalization 7
  • Article   11.8 Liberalization of Non-Discriminatory Measures 7
  • Article   11.9 Procedures 7
  • Article   11.10 Licensing and Certification 7
  • Article   11.11 Denial of Benefits 7
  • Annex 11.10  Professional Services 7
  • Chapter   12 TELECOMMUNICATIONS 8
  • Article   12.1 Definitions 8
  • Article   12.2 Scope and Coverage 8
  • Article   12.3 Access to and Use of Public Telecommunications Transport Networks and Services 8
  • Article   12.4 Conditions for the Provision of Enhanced or Value-Added Services 8
  • Article   12.5 Standards-Related Measures 8
  • Article   12.6 Monopolies 8
  • Article   12.7 Transparency 8
  • Article   12.8 Relation to other Chapters 8
  • Article   12.9 Relation to International Organizations and Agreements 8
  • Article   12.10 Technical Cooperation and other Consultations 8
  • Chapter   13 TEMPORARY ENTRY FOR BUSINESS PERSONS 8
  • Article   13.1 Definitions 8
  • Article   13.2 General Principles 8
  • Article   13.3 General Obligations 8
  • Article   13.4 Grant of Temporary Entry 8
  • Article   13.5 Provision of Information 8
  • Article   13.6 Working Group 8
  • Article   13.7 Dispute Settlement 8
  • Article   13.8 Relation to other Chapters 8
  • Annex 13.4  Temporary Entry for Business Persons 9
  • Section   I Business Visitors 9
  • Section   II Traders and Investors 9
  • Section   III Intra-Company Transferees 9
  • Annex 13.4.1  9
  • Appendix 13.4.1.1  Business Visitors 9
  • Appendix 13.4.1.3  9
  • Chapter   14 COMPETITION 9
  • Article   14.1 Definitions 9
  • Article   14.2 Objectives 9
  • Article   14.3 Notifications 9
  • Article   14.4 Coordination of Enforcement Activities 9
  • Article   14.5 Consultations When the Important Interests of a Party Are Adversely Affected In the Territory of the other Party 9
  • Article   14.6 Exchange of Information and Confidentiality 9
  • Article   14.7 Technical Assistance 9
  • Article   14.8 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights, Including Designated Monopolies 9
  • Article   14.9 Dispute Settlement 9
  • Title   IV GOVERNMENT PROCUREMENT 9
  • Chapter   15 GOVERNMENT PROCUREMENT 9
  • Article   15.1 Definitions 9
  • Article   15.2 Scope and Coverage 9
  • Article   15.3 National Treatment and Non-Discrimination 9
  • Article   15.4 Prohibition of Offsets 9
  • Article   15.5 Transparency 9
  • Article   15.6 Tendering Procedures 9
  • Article   15.7 Conditions for Suppliers' Participation In Procurement 10
  • Article   15.8 Publication of Advance Notices 10
  • Article   15.9 Tender Documentation 10
  • Article   15.10 Time-Limits 10
  • Article   15.11 Technical Specifications 10
  • Article   15.12 Awarding of Contracts 10
  • Article   15.13 Bid Challenges 10
  • Article   15.14 Information Technology and Cooperation 10
  • Article   15.15 Modifications to Coverage 10
  • Article   15.16 Further Negotiations 10
  • Article   15.17 Government Procurement Working Group 10
  • Part   V INTELLECTUAL PROPERTY RIGHTS 10
  • Chapter   16 INTELLECTUAL PROPERTY RIGHTS 10
  • Article   16.1 Obligations 10
  • Article   16.2 More Extensive Protection 10
  • Article   16.3 Protection of Trademarks 10
  • Article   16.4 Protection of Geographical Indications 10
  • Article   16.5 Enforcement 10
  • Article   16.6 Consultative Mechanism 10
  • Part   VI ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 10
  • Chapter   17 TRANSPARENCY 10
  • Article   17.1 Definitions. 10
  • Article   17.2 Contact Points 10
  • Article   17.3 Publication 10
  • Article   17.4 Notification and Provision of Information 10
  • Article   17.5 Exchange of Information on State Aid 10
  • Article   17.6 Administrative Proceedings 10
  • Article   17.7 Review and Appeal 10
  • Chapter   18 ADMINISTRATION OF THE AGREEMENT 10
  • Article   18.1 The Free Trade Commission 10
  • Article   18.2 The Secretariat 10
  • Annex 18.1.1  Officials of the Free Trade Commission 10
  • Annex 18.1.2(c)  Committees and Working Groups 10
  • Annex 18.1.3(c)  Implementation of Decisions Adopted by the Commission 10
  • Annex 18.2  The Secretariat 10
  • Chapter   19 DISPUTE SETTLEMENT 11
  • Section   A Dispute Settlement 11
  • Article   19.1 Cooperation 11
  • Article   19.2 Scope of Application 11
  • Article   19.3 Choice of Forum 11
  • Article   19.4 Consultations 11
  • Article   19.5 Good Offices, Conciliation and Mediation 11
  • Article   19.6 Request for an Arbitral Panel 11
  • Article   19.7 Roster 11
  • Article   19.8 Qualifications of Panelists 11
  • Article   19.9 Panel Selection 11
  • Article   19.10 Model Rules of Procedure 11
  • Article   19.11 Information and Technical Advice 11
  • Article   19.12 Initial Report 11
  • Article   19.13 Final Report 11
  • Article   19.14 Implementation of Final Report 11
  • Article   19.15 Non-Implementation - Suspension of Benefits 11
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 11
  • Article   19.16 Interpretation of the Agreement Before Judicial and Administrative Proceedings 11
  • Article   19.17 Private Rights 11
  • Article   19.18 Alternative Dispute Resolution 11
  • Annex 19.2  Nullification or Impairment 11
  • Annex 19.7  Code of Conduct for Members of Panels 11
  • Definitions 11
  • Section   I Responsibilities to the Process 11
  • Section   II Disclosure Obligations 11
  • Section   III Performance of Duties by Candidates and Members 11
  • Section   IV Independence and Impartiality of Members 11
  • Section   V Duties In Certain Situations 11
  • Section   VI Maintenance of Confidentiality 11
  • Section   VII Responsibilities of Assistants and Staff 11
  • Annex 19.10  Model Rules of Procedure Application 11
  • Part   VII OTHER PROVISIONS 12
  • Chapter   20 EXCEPTIONS 12
  • Article   20.1 General Exceptions 12
  • Article   20.2 National Security 12
  • Article   20.3 Taxation 12
  • Article   20.4 Balance of Payments 12
  • Chapter   21 FINAL PROVISIONS 12
  • Article   21.1 Annexes, Appendices and Notes 12
  • Article   21.2 Amendments 12
  • Article   21.3 Entry Into Force 12
  • Article   21.4 Termination of the Bilateral Investment Treaty 12
  • Article   21.5 Work Program on Financial Services 12
  • Article   21.6 Duration and Termination 12
  • Article   21.7 Authentic Texts 12
  • Annex I  Reservations for Existing Measures and Liberalization Commitments (Chapters 10 and 11) 12
  • Annex I  Schedule of Chile 13
  • Annex I  Schedule of Korea 15
  • Annex II  Reservations for Future Measures (Chapters 10 and 11) 18
  • Annex II  Schedule of Chile 18
  • Annex II  Schedule of Korea 19