Chile - Korea, Republic of FTA (2003)
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Chapter 5. CUSTOMS PROCEDURES

Article 5.1. Definitions

For purposes of this Chapter:

commercial importation means the importation of a good into the territory of a Party for the purpose of sale, or any commercial, industrial or other like use;

customs administration means the competent authority that is responsible under the law of a Party for the administration of customs laws and regulations;

determination of origin means a ruling issued as a result of origin verification process establishing that a good qualifies as an originating good in accordance with Chapter 4;

exporter means a person located in the territory of a Party from where a good is exported by such a person and required to maintain records in the territory of that Party regarding exportations of the good, pursuant to Article 5.4.5;

identical goods means "identical goods" as defined in the Customs Valuation Agreement; importer means a person located in the territory of a Party where a good is imported by such a person and required to maintain records in the territory of that Party regarding importation of the good, pursuant to Article 5.3.4;

material means a "material" as defined in Article 4.1;

preferential tariff treatment means the duty rate applicable to an originating good, pursuant to the Parties' respective Tariff Elimination Schedules;

producer means a "producer" as defined in Article 4.1;

production means "production" as defined in Article 4.1;

adjusted value means "adjusted value" as defined in Article 4.1;

Uniform Regulations means the "Uniform Regulations" established under Article 5.12;

used means "used" as defined in Article 4.1; and

value means value of a good or material for purposes of calculating customs duties or for purposes of applying Chapter 4.

Article 5.2. Certificate and Declaration of Origin

1. The Parties shall establish, by the entry into force of this Agreement, a single form for the Certificate of Origin and a single form for the Declaration of Origin, which may thereafter be revised by agreement between the Parties.

2. The Certificate of Origin, referred to in paragraph 1, shall certify that goods that are exported from the territory of one Party to the territory of the other Party qualify as originating. The Certificate will have a duration of two years from the date on which the Certificate was signed.

3. Each Party shall require that a Certificate of Origin for a good imported into its territory must be completed and signed in the English language, for the purpose of requesting preferential tariff treatment.

4. Each Party shall:

(a) require an exporter in its territory to complete and sign a Certificate of Origin for any exportation of a good for which an importer may claim preferential tariff treatment on importation of the good into the territory of the other Party;

(b) provide that where an exporter in its territory is not the producer of the good, the exporter may complete and sign a Certificate of Origin on the basis of:

(i) its knowledge of whether the good qualifies as an originating good;

(ii) its reasonable reliance on the producer's written representation that the good qualifies as an originating good; or

(iii) the Declaration of Origin referred to in paragraph 1.

5. The Declaration of Origin referred to in paragraph 1 should be completed and signed by the producers of the good and provided voluntarily to the exporter. The Declaration will have a duration of two years from the date on which it was signed.

6. Each Party shall provide that a Certificate of Origin that has been completed and signed by an exporter in the territory of the other Party is applicable to a single importation of a good into its own territory.

7. For any originating good that is imported into the territory of a Party on or after the date of entry into force of this Agreement, each Party shall accept a Certificate of Origin that has been completed and signed prior to that date by the exporter of that good.

8. Each Party shall make all efforts to establish, according to its domestic legislation, that the Certificate of Origin completed and signed by the exporter is certified by competent governmental authorities or the body empowered by the government.

Article 5.3. Obligations Regarding Importations

1. Each Party shall require an importer in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of the other Party to:

(a) make a written declaration, in the importation document established in its legislation, based on a valid Certificate of Origin, that the good qualifies as an originating good;

(b) have the Certificate of Origin in its possession at the time the declaration, referred to in subparagraph (a), is made;

(c) provide, upon request of that Party's customs administration, a copy of the Certificate of Origin; and

(d) promptly make a corrected declaration and pay any duties owing, where the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct. When the importer complies with such obligations, the importer shall not be penalised.

2. Each Party shall provide that, when an importer in its territory does not comply with any requirement established in this Chapter, the claimed preferential tariff treatment shall be denied for the imported goods from the territory of the other Party.

3. Each Party shall provide that, where a good would have qualified as an originating good when it was imported into the territory of that Party but no claim for preferential tariff treatment was made at that time, the importer of the good may, no later than one year after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded with preferential tariff treatment, on presentation of: (a) a written declaration that the good qualified as an originating good at the time of importation; (b) acopy of the Certificate of Origin; and (c) such other documentation relating to the importation of the good as that Party may require.

4. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into its territory maintain in that territory, for five years after the date of importation of the good or for such longer period as the Party may specify, such documentation, including a copy of the Certificate of Origin, as the Party may require relating to the importation of the good.

Article 5.4. Obligations Regarding Exportations

1. Each Party shall provide that an exporter in its territory, or a producer in its territory that has provided a copy of a Declaration of Origin to that exporter pursuant to Article 5.2, shall provide a copy of the Certificate or Declaration of Origin to its customs administration upon request.

2. Each Party shall provide that an exporter or a producer in its territory who has completed and signed a Certificate or Declaration of Origin, and who has reason to believe that the Certificate or Declaration of Origin contains information that is not correct, notifies promptly, in writing, its customs administration and all persons, to whom the Certificate or Declaration of Origin was given by the exporter or producer, of any change that could affect the accuracy or validity of the Certificate or Declaration, depending on the case. Upon compliance with such an obligation, neither the exporter nor the producer shall be penalised for presenting an incorrect Certification or Declaration of Origin.

3. Each Party shall provide that the customs administration of the exporting Party notify in writing to the customs administration of the importing Party regarding the notification mentioned in paragraph 2.

4. Each Party shall provide that a false certification by an exporter or a producer in its territory that a good to be exported to the territory of the other Party qualifies as an originating good shall have the same legal consequences, with appropriate modifications, as would apply to an importer in its territory for a contravention of its customs laws and regulations regarding the making of a false statement or representation. Furthermore, each Party may apply such measures as the circumstances may warrant where an exporter or a producer in its territory fails to comply with any requirement of this Chapter.

5. Each Party shall provide that an exporter or a producer in its territory that completes and signs a Certificate or Declaration of Origin shall maintain in its territory, for five years after the date on which the Certificate or Declaration of Origin was signed or for such a longer period as the Party may specify, all records relating to the origin of a good for which preferential tariff treatment was claimed in the territory of the other Party, including records associated with: (a) the purchase, cost and value of, and payment for, the good that is exported from its territory; (b) the purchase, cost and value of, and payment for, all materials, including indirect materials, used in the production of the good that is exported from its territory; and (c) the production of the good in the form in which the good is exported from its territory.

Article 5.5. Exceptions

Each Party shall provide that a Certificate of Origin shall not be required for:

(a) acommercial importation of a good whose value does not exceed US$1,000 or its equivalent amount in the Party's currency, or such higher amount as it may establish, except that it may require that the invoice accompanying the importation include a statement certifying that the good qualifies as an originating good,

(b) a non-commercial importation of a good whose value does not exceed US$1,000 or its equivalent amount in the Party's currency, or such higher amount as it may establish, or

(c) an importation of a good for which the Party into whose territory the good is imported has waived the requirement for a Certificate of Origin,

provided that the importation does not form part of one or more importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the certification requirements of Articles 5.2 and 5.3.

Article 5.6. Invoicing by a Non-Party Operator

When a good to be traded is invoiced by a Non-Party operator, the producer or exporter of the originating Party shall notify, in the field titled "observations" of the respective Certificate of Origin, that the goods subject to declaration shall be invoiced from that non-Party, and shall notify the name, corporate name and address of the operator that will eventually invoice the operation to its destination.

Article 5.7. Confidentiality

1. Each Party shall maintain, in accordance with its law, the confidentiality of confidential business information collected pursuant to this Chapter and shall protect such information from disclosure that could prejudice the competitive position of the persons providing the information.

2. The confidential business information collected pursuant to this Chapter may only be disclosed to those authorities responsible for the administration and enforcement of determinations of origin, and customs and revenue matters.

Article 5.8. Origin Verifications

1. The importing Party may request the exporting Party to provide information regarding the origin of any imported good.

2. For purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing Party may, through its customs administration, conduct verification solely by means of:

(a) written questionnaires and requests for required information to an exporter or a producer in the territory of the other Party;

(b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to in Article 5.4.5 and observe the facilities used in the production of the good, or to that effect any facilities used in the production of the materials; or

(c) such other procedure as the Parties may agree.

3. The exporter or producer that receives a questionnaire pursuant to subparagraph 2(a) shall answer and return it within a period of 30 days from the date on which it was received. During this period the exporter or producer may, in only one opportunity, request in writing to the importing Party an extension of the original period, not exceeding 30 days.

4. In the case the exporter or producer does not return the questionnaire correctly answered within the given period or its extension, the importing Party may deny preferential tariff treatment.

5. Prior to conducting a verification visit pursuant to subparagraph 2(b), a Party shall, through its customs administration: (a) deliver a written notification of its intention to conduct the visit to: (i) _ the exporter or producer whose premises are to be visited; (ii) the customs administration of the other Party; and (iii) if requested by the other Party, the embassy of the other Party in the territory of the importing Party proposing to conduct the visit; and

(b) obtain the written consent of the exporter or producer whose premises are to be visited.

6. The notification referred to in paragraph 5 shall include:

(a) the identity of the customs administration issuing the notification;

(b) the name of the exporter or producer whose premises are to be visited;

(c) the date and place of the proposed verification visit;

(d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification;

(e) the names and titles of the officials performing the verification visit; and

(f) the legal authority for the verification visit.

7. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the receipt of notification pursuant to paragraph 5, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit.

8. Each Party shall provide that, upon receipt of notification pursuant to paragraph 5, such an exporter or a producer may, within 15 days of receiving the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. However, this may be done in only one opportunity. For this purpose, this extension shall be notified to the customs administration of the importing and exporting Parties.

9. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 8.

10. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that:

(a) the observers do not participate in a manner other than as observers; and

(b) the failure of the exporter or producer to designate observers shall not result in the postponement of the visit.

11. Each Party shall, through its customs administration, where conducting the verification of origin involving a regional value content, De Minimis calculation or any other provision in Chapter 4 to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported.

12. After the conclusion of a verification, the customs administration conducting the verification shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination.

13. Where verifications by a Party indicate a pattern of conduct by an exporter or a producer of false or unsupported representations that a good imported into its territory qualifies as an originating good, the Party may withhold preferential tariff treatment to identical goods exported or produced by such a person until that person establishes compliance with Chapter 4.

14. Each Party shall provide that where its customs administration determines that a certain good imported into its territory does not qualify as an originating good based on a tariff classification or a value applied by the Party to one or more materials used in the production of the good, which differs from the tariff classification or value applied to the materials by the other Party, the Party's determination shall not become effective until it notifies in writing both the importer of the good and the exporter that completed and signed the Certificate of Origin for the good of its determination.

15. A Party shall not apply a determination made under paragraph 14 to an importation made before the effective date of the determination where:

(a) the competent authorities of the other Party has issued an advanced ruling under Article 5.9 or any other ruling on the tariff classification or on the value of such materials, or has given consistent treatment to the entry of the materials under the tariff classification or value at issue, on which a person is entitled to rely; and

(b) the advanced ruling, other ruling or consistent treatment was given prior to notification of the determination.

16. If a Party denies preferential tariff treatment to a good pursuant to a determination made under paragraph 14, it shall postpone the effective date of the denial for a period not exceeding 90 days where the importer of the good, or the person who completed and signed the Certificate of Origin for the good, demonstrates that it has relied in good faith to its detriment on the tariff classification or value applied to such materials by the customs administration of the other Party.

Article 5.9. Advanced Rulings on Determinations of Origin

1. Each Party shall, through its competent authorities, provide for the expeditious issuance of written advanced rulings, prior to the importation of a good into its territory, to an importer in its territory or an exporter or a producer in the territory of the other Party, on the basis of the facts and circumstances presented by such an importer, an exporter or a producer of the good, concerning:

(a) whether a good qualifies as an originating good under Chapter 4;

(b) whether materials imported from a non-Party used in the production of a good undergo an applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties;

(c) whether a good satisfies a regional value-content requirement under either the build- down method or the build-up method set out in Chapter 4;

(d) for the purpose of determining whether a good satisfies a regional value-content requirement under Chapter 4, the appropriate basis or method for value to be applied by an exporter or a producer in the territory of the other Party, in accordance with the principles of the Customs Valuation Agreement, for calculating the adjusted value of the good or of the materials used in the production of the good;

(e) for the purpose of determining whether a good satisfies a regional value-content requirement under Chapter 4, the appropriate basis or method for reasonably allocating costs, in accordance with the allocation methods set out in the Uniform Regulations, for calculating the value of an intermediate material;

(f) whether a good that re-enters its territory after the good has been exported from its territory to the territory of the other Party for repair or alteration qualifies for duty-free treatment in accordance with Article 3.7; or

(g) such other matters as the Parties may agree.

2. Each Party shall adopt or maintain procedures for the issuance of advanced rulings, including a detailed description of the information reasonably required to process an application for a ruling.

3. Each Party shall provide that its competent authorities:

(a) may, at any time during the course of an evaluation of an application for an advanced ruling, request supplemental information from the person requesting the ruling;

(b) shall, after it has obtained all necessary information from the person requesting an advanced ruling, issue the ruling within the periods specified in the Uniform Regulations; and

(c) shall, where the advanced ruling is unfavourable to the person requesting it, provide to that person with a full explanation of the reasons for the ruling.

4. Subject to paragraph 6, each Party shall apply an advanced ruling to importations into its territory of the good for which the ruling was requested, beginning on the date of its issuance or such a later date as may be specified in the ruling.

5. Each Party shall provide to any person requesting an advanced ruling the same treatment, including the same interpretation and application of the provisions of Chapter 4 regarding a determination of origin, as it provided to any other person to whom it issued an advanced ruling, provided that the facts and circumstances are identical in all material respects.

6. The issuing Party may modify or revoke an advanced ruling:

(a) if the ruling is based on an error:

(i) of fact;

(ii) in the tariff classification of a good or a material that is the subject of the ruling;

(iii) in the application of a regional value-content requirement under Chapter 4; or

(iv) in the application of the rules for determining whether a good that re-enters its territory after the good has been exported from its territory to the territory of the other Party for repair or alteration qualifies for duty-free treatment under Article 3.7;

(b) if the ruling is not in accordance with an interpretation agreed by the Parties regarding Chapter 3 or Chapter 4;

(c) if there is a change in the material facts or circumstances on which the ruling is based;

(d) to conform with a modification of Chapter 3, Chapter 4, this Chapter or the Uniform Regulations; or

(e) to conform with a judicial or administrative decision or a change in its domestic law.

7. Each Party shall provide that any modification or revocation of an advanced ruling is effective on the date on which the modification or revocation is issued, or on such a later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advanced ruling was issued has not acted in accordance with its terms and conditions.

8. Notwithstanding paragraph 7, the issuing Party shall postpone the effective date of such modification or revocation for a period not exceeding 90 days where the person to whom the advanced ruling was issued demonstrates that it has relied in good faith to its detriment on that ruling.

9. Each Party shall provide that where its competent authorities examines the regional value content of a good for which it has issued an advanced ruling pursuant to subparagraphs 1(d), (e) and (f), it shall evaluate whether:

(a) the exporter or producer has complied with the terms and conditions of the advanced ruling;

(b) the exporter's or producer's operations are consistent with the material facts and circumstances on which the advanced ruling is based; and

(c) the supporting data and computations used in applying the basis or method for calculating value or allocating cost were correct in all material respects.

10. Each Party shall provide that where its competent authority determines that any requirement in paragraph 9 has not been satisfied, it may modify or revoke the advanced ruling as the circumstances may warrant.

11. Each Party shall provide that, where the person to whom an advanced ruling was issued demonstrates that it used reasonable care and acted in good faith in presenting the facts and circumstances on which the ruling was based, and where the competent authority of a Party determines that the ruling was based on incorrect information, the person to whom the ruling was issued shall not be subject to penalties.

12. Each Party shall provide that where it issues an advanced ruling to a person that has misrepresented or omitted material facts or circumstances on which such a ruling is based or has failed to act in accordance with the terms and conditions of the ruling, the Party may apply such measures as the circumstances may warrant.

13. The Parties shall provide that the person to whom the advanced ruling was issued may use it only while the material facts or circumstances that were the basis of its issuance are still present. In this case, the person to whom the advanced ruling was issued may present the necessary information for the issuing authority to proceed pursuant to paragraph 6.

14. A good that is subject to an origin verification process or any instance of review or appeal in the territory of one of the Parties may not undergo an advanced ruling.

Article 5.10. Review and Appeal

1. Each Party shall grant substantially the same rights of review and appeal of determinations of origin and advanced rulings by its customs administration, as it provides to importers in its territory, to any person:

(a) who completes and signs a Certificate of Origin for a good that has been the subject of a determination of origin pursuant to Article 5.8.12; or

(b) who has received an advanced ruling pursuant to Article 5.9.

2. Each Party shall provide that the rights of review and appeal referred to in paragraph 1 shall include access to:

(a) at least one level of administrative review independent of the official or office responsible for the determination under review; and

(b) in accordance with its domestic law, judicial or quasi-judicial review of the determination or decision taken at the final level of administrative review.

Article 5.11. Penalties

1. Each Party shall maintain measures imposing criminal, civil or administrative responsibilities for violations of its laws and regulations relating to this Chapter.

2. Nothing in Articles 5.3.1(d), 5.3.2, 5.4.2, 5.8.4, 5.8.7 or 5.8.9 shall be construed to prevent a Party from applying such measures as the circumstances may warrant.

Article 5.12. Uniform Regulations

1. The Parties shall establish and implement, through their respective laws or regulations, by the date of entry into force of this Agreement, or at any time thereafter upon agreement of the Parties, the Uniform Regulations regarding the interpretation, application and administration of Chapter 3, Chapter 4, this Chapter and other matters as may be agreed by the Parties.

2. As of the entry into force of the Uniform Regulations, each Party shall implement any modification of or addition to the Uniform Regulations no later than 180 days after the Parties agree on such modification or addition, or such other period as the Parties may agree.

Article 5.13. Cooperation

1. Each Party shall notify the other Party of the following determinations, measures and tulings, including to the greatest extent practicable those that are prospective in application:

(a) a determination of origin issued as the result of a verification conducted pursuant to Article 5.8, once the instances of review and appeal pursuant to Article 5.10 have been exhausted;

(b) a determination of origin that the Party is aware is contrary to:

(i) a ruling issued by the customs administration of the other Party with respect to the tariff classification or value of a good, or of materials used in the production of a good, or the reasonable allocation of costs where calculating the value of a good, that is the subject of a determination of origin; or

(ii) consistent treatment given by the customs administration of the other Party with respect to the tariff classification or value of a good, or of materials used in the production of a good, or the reasonable allocation of costs where calculating the value of a good, that is the subject of a determination of origin;

(c) a measure establishing or significantly modifying an administrative policy that is likely to affect future determinations of origin; and

(d) an advanced ruling, or a ruling modifying or revoking an advanced ruling, pursuant to Article 5.9.

2. The Parties shall cooperate:

(a) in the enforcement of their respective customs-related laws or regulations implementing this Agreement, and under any customs mutual assistance agreement or other customs-related agreement to which they are party;

(b) to the extent practicable and for purposes of facilitating the flow of trade between them, in such customs-related matters as the collection and exchange of statistics regarding the importation and exportation of goods, the harmonisation of documentation used in trade, the standardisation of data elements, the acceptance of an international data syntax and the exchange of information;

(c) to the extent practicable, in the storage and transmission of customs-related documentation;

(d) in the origin verification process of a good, for which the customs administration of the importing Party may request the other Party's customs administration to cooperate in this process of verification in its own territory;

  • 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