Chile - Korea, Republic of FTA (2003)
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(e) to search for a certain mechanism with the purpose of detecting and preventing the illicit shipment of goods arriving from one of the Parties or from a non-Party; and

(f) to jointly organise training programmes in customs related issues, which should include training for customs officials as well as users that directly participate in customs procedures.

Article 5.14. Review

In the second year from the date of entry into force of this Agreement, the Parties shall examine and revise, if deemed necessary by the Parties, the system regarding the Certificate or Declaration of Origin under this Chapter.

Chapter 6. SAFEGUARD MEASURES

Article 6.1. Safeguard Measures

1. Both Parties maintain their rights and obligations under Article XIX of GATT and the Agreement on Safeguards, which is part of the WTO.

2. Actions taken pursuant to Article XIX of GATT and Agreement on Safeguards shall not be subject to Chapter 19 of this Agreement.

Chapter 7. ANTI-DUMPING AND COUNTERVAILING DUTY MATTERS

Article 7.1. Anti-Dumping and Countervailing Duty Matters

1. The Parties maintain their rights and obligations under Article VI of GATT, the Agreement on Implementation of Article VI of GATT ("Agreement on Antidumping") and the Agreement on Subsidies and Countervailing Measures, which are part of the WTO Agreement.

2. Antidumping actions taken pursuant to Article VI of GATT and the Agreement on Antidumping, or countervailing actions taken pursuant to Article VI of GATT and the Agreement on Subsidies and Countervailing Measures shall not be subject to Chapter 19 of this Agreement.

Chapter 8. SANITARY AND PHYTOSANITARY MEASURES

Article 8.1. Definitions

For purposes of this Chapter, the definitions and terms established under the following shall be applied:

(a) Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the WTO Agreement (SPS Agreement);

(b) Office International des Epizooties (OIE);

(c) International Plant Protection Convention (IPPC); and

(d) Codex Alimentarius Commission (CODEX).

Article 8.2. General Provisions

1. This Chapter applies to all sanitary and phytosanitary measures, which may, directly or indirectly, affect trade between the Parties.

2. The Parties shall, through mutual cooperation, facilitate agricultural, fishing and forest trade without such trade posing a sanitary or phytosanitary risk, and agree to prevent the introduction or spread of pests or diseases, and to enhance plant and animal health and food safety.

3. The framework of rules and disciplines that guide the adoption and enforcement of the sanitary and phytosanitary measures included in this Chapter is deemed to be consistent with the SPS Agreement.

4. Any other sanitary or phytosanitary matter which is not described in this Chapter shall be dealt with in accordance with the SPS Agreement.

Article 8.3. Rights of the Parties

The Parties may, in accordance with the SPS Agreement:

(a) adopt, maintain or apply any sanitary or phytosanitary measure whenever it is necessary for the protection of human, animal or plant life or health in their territories in accordance with this Chapter; and

(b) apply their sanitary or phytosanitary measures to the extent necessary to achieve an appropriate level of protection.

Article 8.4. Obligations of the Parties

Each Party shall ensure that any sanitary or phytosanitary measure that it adopts, maintains or applies:

(a) is neither applied in a mamner that constitutes a disguised restriction on trade, nor has the purpose or the effect of creating unnecessary obstacles to trade between the Parties;

(b) is based on scientific principles and is not maintained without sufficient scientific evidence, except as provided for in Article 5.7 of the SPS Agreement; and

(c) does not arbitrarily or unjustifiably discriminate between its goods and similar goods of the other Party, or between goods of the other Party and similar goods of any other country, where identical or similar conditions exist.

Article 8.5. International Standards and Harmonization

1. Without reducing the level of protection of human, animal or plant life or health, each Party shall base its sanitary and phytosanitary measures on relevant international standards, guidelines or recommendations, where they exist, with a view to seeking harmonization.

2. Notwithstanding paragraph 1, the Parties may adopt a sanitary or phytosanitary measure offering a level of protection other than the level that would be achieved through a measure based on an international standard, guideline or recommendation, including a more stringent measure than the foregoing, if there is a scientific justification, or as a consequence of the level of sanitary or phytosanitary protection the Party determines to be appropriate in accordance with the relevant provisions of Article 5 of the SPS Agreement.

3. For purposes of achieving a higher degree of harmonization, the Parties shall, to the greatest extent possible, cooperate in the development of international standards, guidelines and recommendations to all aspects of sanitary and phytosanitary measures, and follow the standards, guidelines and recommendations set by the following organizations:

(a) onplant health issues, the IPPC;

(b) on animal health issues, the OIE; and

(c) on food safety issues, the CODEX.

4. For matters not covered by the international organizations listed in paragraph 3, the Parties may consider, as agreed by the Parties, the standards, guidelines and recommendations of other relevant international organizations of which both Parties are members.

Article 8.6. Equivalence

1. Each Party shall accept the sanitary and phytosanitary measures of the other Party as equivalent, even if these measures differ from its own measures, if the exporting Party objectively demonstrates to the other Party that its measures achieve the other Party's appropriate level of sanitary or phytosanitary protection.

2. For purposes of ensuring that sanitary and phytosanitary measures of the exporting Party consistently meet the importing Party's requirements, the exporting Party shall, upon request, provide the importing Party with reasonable access to its territory for the verification of its systems or procedures of inspection, testing and other relevant procedures.

Article 8.7. Risk Assessment and Determination of Appropriate Sanitary and Phytosanitary Level of Protection

1. The Parties shall ensure that their sanitary and phytosanitary measures are, as appropriate to the circumstances, based on an assessment of the risks to human, animal or plant life or health, taking into account relevant risk assessment guidelines and techniques developed by the relevant international organizations.

2. The Parties shall, in assessing risks and determining a sanitary or phytosanitary measure, take into account available scientific evidence and other factors, such as:

(a) the prevalence of pests or diseases;

(b) the existence of pest- or disease-free areas;

(c) the relevant ecological and environmental conditions;

(d) the effectiveness of eradication or control programs;

(e) the structure and organization of sanitary and phytosanitary services; and

(f) the control, monitoring, diagnosis and other procedures ensuring the safety of the product.

3. In assessing risks to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of protection from such risks, the Parties shall take into account the following relevant economic factors:

(a) the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease;

(b) the cost of control or eradication in the territory of the importing Party; and

(c) the relative cost-effectiveness of alternative approaches to limiting risks.

4. The Parties shall, in establishing their appropriate levels of protection, take into account the objective of minimizing negative trade effects and shall, with the purpose of achieving consistency in the application of such levels of protection, avoid arbitrary or unjustifiable distinctions that may result in discrimination or constitute a disguised restriction on the trade between the Parties.

5. Where a Party determines that available scientific information is insufficient, it may adopt a provisional sanitary or phytosanitary measure on the basis of available relevant information, including information from relevant international organizations and from sanitary or phytosanitary measures of the other Party and any other countries. The Party shall, once it has the information sufficient to complete the assessment, complete its assessment and, where appropriate, review the provisional sanitary or phytosanitary measure within a reasonable period of time.

Article 8.8. Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence

1. The Parties shall adapt its sanitary or phytosanitary measures relating to animal or plant pest or disease to the sanitary or phytosanitary characteristics of the area of origin and destination of the goods. When assessing the characteristics of an area, the Parties shall take into account, inter alia, the level of prevalence of specific diseases or pests, the existence of eradication or control programmes, and appropriate criteria or guidelines, which may be developed by the relevant international organizations.

2. The Parties shall recognize, in particular according to relevant international standards, the concepts of pest- or disease-free areas or areas of low pest or disease prevalence. When determining such areas, the Parties shall consider factors, such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in that area.

3. The Party declaring that an area in its territory is free from or low prevalence of a specific pest or disease shall provide the necessary evidence thereof in order to demonstrate such a condition objectively and to the satisfaction of the other Party, and give assurances that the area shall remain as such based on protection measures adopted by the authorities responsible for sanitary and phytosanitary services.

4. The Party interested in obtaining the recognition of a pest- or disease-free area or areas of low pest or disease prevalence shall make the request, and provide the relevant scientific and technical information to the other Party. For this purpose, the requesting Party shall provide reasonable access to its territory to the other Party for inspection, testing and other relevant procedures.

5. If the request for recognition is rejected, the rejecting Party shall provide the technical reasons for its decision in writing.

Article 8.9. Control, Inspection and Approval Procedures

1. The Parties shall, in accordance with this Chapter, apply the provisions in Annex C of the SPS Agreement in relation to control, inspection or approval procedures, including systems for approving the use of additives or for establishing levels of tolerance for contaminants in food, beverages or feedstuffs.

2. The importing Party may verify whether the imported animals, plants and other related products are consistently in compliance with its sanitary and phytosanitary requirements. The Parties shall facilitate proceedings for such verification.

Article 8.10. Transparency

1. Each Party shall notify through its competent authorities, modification of a sanitary or phytosanitary measure and provide the related information in accordance with the provisions in Annex B of the SPS Agreement.

2. In addition, to ensure the protection of human, animal or plant life or health in the other Party, each Party shall notify:

(a) changes or modifications to sanitary and phytosanitary measures having a significant effect on trade between the Parties, at least 60 days before the effective date of the new provision, to allow for observations from the other Party. The 60-day period shall not apply to emergency situations, as established in Annex B of the SPS Agreement;

(b) changes occurring in the animal health field, such as the appearance of exotic diseases and those in List A of the OIE, within 24 hours following their provisional diagnosis;

(c) changes occurring in the phytosanitary field, such as the appearance of a quarantine pest and spread of a pest under official control, within 24 hours following verification of the pest;

(d) food control emergency situations where there is a clearly identified risk of serious adverse health effects associated with the consumption of certain food, within 24 hours of the identification of the risk; and

(e) discoveries of epidemiological importance and significant changes related to diseases and pests not included in subparagraphs 2(b) and (c) that may affect trade between the Parties, within a maximum period of ten days following the verification of such diseases and pests.

Article 8.11. Committee on Sanitary and Phytosanitary Measures

1. The Parties hereby establish a Committee on Sanitary and Phytosanitary Measures ("Committee"), comprising representatives of each Party, who are responsible for sanitary and phytosanitary issues in the fields of animal and plant health, food safety and trade.

2. The Committee shall be set up not later than 30 days after the entry into force of this Agreement.

3. The Committee shall carry out the functions necessary to implement the provisions of this Chapter, including, but not limited to:

(a) coordinating the application of the provisions of this Chapter;

(b) facilitating consultations on specific matters related to sanitary or phytosanitary measures;

(c) establishing and determining the scope and mandate of the sub-committees;

(d) promoting technical cooperation between the Parties, including cooperation in the development, adoption and enforcement of sanitary and phytosanitary measures; and

(e) monitoring the compliance with the provisions of this Chapter.

4. The Committee shall establish, if the need arises and the Parties so agree, the following sub-committees: Sub-Committees on Animal Health, Plant Protection and Food Safety. The members of these sub-committees shall be designated by the relevant authorities in their respective fields.

5. The sub-committees shall carry out the following functions, including, but not limited to:

(a) preparing terms of reference for their activities within the scope of their competence and informing results thereof to the Committee;

(b) concluding specific agreements on matters of interest, involving higher technical- operating details, to be submitted to the Committee; and

(c) establishing expeditious information exchange mechanisms to deal with consultations between the Parties.

6. The Committee shall meet once every two years, except as otherwise agreed. If an additional meeting is requested by a Party, it will be held in the territory of the other Party. The sub-committees shall meet, upon request of a Party. The meetings may also be held by telephone, video conference or other means, upon the agreement of both Parties.

7. The Committee shall report annually to the Commission on the implementation of this Chapter.

Article 8.12. Technical Consultations

1. A Party may initiate consultations with the other Party if uncertainty arises with regard to the application or interpretation of the content of a sanitary or phytosanitary measure under this Chapter.

2. Where a Party requests consultations and so notifies the Committee, the Committee shall facilitate consultations, and may refer the matter at issue to an ad hoc working group or another forum, for providing non-binding technical assistance or recommendations to the Parties.

3. A Party asserting that the interpretation or application of a sanitary or phytosanitary measure of the other Party is inconsistent with the provisions of this Chapter shall bear the burden to prove such inconsistency.

4. Where the Parties, pursuant to this Article, have carried out consultations without reaching satisfactory results, such consultations, if so agreed by the Parties, shall constitute consultations under Article 19.4.

Chapter 9. STANDARDS-RELATED MEASURES

Article 9.1. Definitions

For purposes of this Chapter:

authorization procedure means any registration, notification or other mandatory administrative procedure granting authorization for a good to be produced, marketed or used for a stated purpose or under stated conditions;

conformity assessment procedure means any procedure used, directly or indirectly, to determine compliance with the provisions on technical regulations or standards. This includes, inter alia, sampling procedures, testing and inspection, evaluation, verification and assurance of conformity, registration, accreditation and approval either separately or in combination;

international standard means a standards-related measure, or any other guideline or recommendation, adopted by an international standardizing body and made available to the public;

international standardizing body means a standardizing body whose membership is open to the relevant bodies of at least all the parties to the WTO Agreement, including the International Organization for Standardization, the International Electrotechnical Commission, the Codex Alimentarius Commission, the World Health Organization, the Food and Agriculture Organization of the United Nations, the International Telecommunication Union, and any other body that the Parties designate;

legitimate objective is to guarantee national security requirements, the prevention of deceptive practices, protection of human health or safety, animal or plant life or health, or the environment and any other objective that shall be determined by the Standards-Related Measures Committee;

make compatible means to bring different standards-related measures of the same scope approved by different standardizing bodies to a level such that they are either identical or modified to fulfill the same purpose, or have the effect of permitting that goods are used in place of one another or fulfill the same purpose;

standard means a document, approved by a recognized body, that provides for common and repeated use, rules, guidelines or characteristics for goods or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking and labelling requirements applicable to a good, process or production method;

standardizing body means a body having recognized activities in standardization;

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

technical regulation means a document which lays down the product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements applicable to a product, process, or production method.

Article 9.2. General Provision

The Parties shall apply the provisions set forth in this Chapter in addition to the provisions established by the WTO Agreement.

Article 9.3. Scope and Coverage

1. This Chapter applies to standards-related measures of the Parties that may, directly or indirectly, affect the trade of goods between the Parties and to measures of the Parties relating to such measures.

2. Provisions included in this Chapter shall not apply to sanitary and phytosanitary measures governed by Chapter 8. Technical specifications prepared by governmental bodies for production or consumption requirements of governmental bodies are not subject to the provisions of this Chapter but are addressed in Chapter 15.

Article 9.4. Basic Rights and Obligations

Right to Take Standards-Related Measures

1. Each Party may prepare, adopt, apply or maintain any standards-related measure to ensure that each Party is able to pursue its legitimate objectives, as well as measures ensuring enforcement and compliance with these standardizing measures, including approval procedures.

Extent of Obligation

2. Each Party shall comply with the applicable provisions of this Chapter and adopt the appropriate measures to ensure its observance, as well as those measures of non-governmental standardizing bodies duly accredited in its territory.

3. Each Party shall, in respect of its standards-related measures, accord to goods of the other Party:

(a) national treatment; and

(b) treatment no less favorable than the most favorable treatment that the Party accords to similar goods of any other non-Party.

Unnecessary Obstacles

4. No Party may prepare, adopt, maintain or apply any standards-related measure with a view to or with the effect of creating unnecessary obstacles to trade between the Parties. To that end, standards-related measures shall not be more trade restrictive than necessary to achieve a legitimate objective, taking account of the risks that non-fulfillment would create. An unnecessary obstacle to trade shall not be deemed to be created where:

(a) the demonstrable purpose of the measure is to achieve a legitimate objective;

(b) the measure complies with an international standard; and

(c) the measure does not operate to exclude goods of the other Party that meet that legitimate objective.

Use of International Standards

5. Each Party shall use, as a basis for its own standards-related measures, the relevant international standards in force or whose completion is imminent, except where such standards would be an ineffective or inappropriate means to fulfill its legitimate objectives.

Article 9.5. Compatibility

1. Recognizing the crucial role of standards-related measures in achieving legitimate objectives, the Parties shall, in accordance with this Chapter and the WTO Agreement, work jointly to enhance the level of safety and of protection of human, animal and plant life and health, the environment and consumers.

2. The Parties shall, to the greatest extent practicable, work to make compatible their respective standards-related measures, without reducing the level of safety or of protection of human, animal or plant life or health, the environment or consumers, without prejudice to the rights granted to either Party under this Chapter, and taking into account international standardization activities so as to facilitate the trade of a good between the Parties.

3. A Party shall, upon request of the other Party, seek, as far as possible and through appropriate measures, to promote the compatibility of a specific standard-related measure that is maintained in its territory with the standards-related measures maintained in the territory of the other Party.

4. A Party shall, upon request in writing from the other Party explicitly stating its reasons for the request, consider favorably the possibility of accepting standards-related measures of the other Party as equivalent to its own, even if they differ from its own, provided that, in cooperation with that Party, it is convinced that such measures comply adequately with the legitimate objectives of its own measures.

5. A Party shall provide to the other Party, upon request, its reasons in writing for not accepting standards-related measures as equivalent under paragraph 4.

Article 9.6. Conformity Assessment Procedures

1. Conformity assessment procedures of the Parties shall be prepared, adopted and applied in a manner that provides access to similar goods of the territory of the other Party on terms no less favorable than those granted to similar goods of the Party or any other country in a comparable position.

2. Each Party shall, with respect to its conformity assessment procedures, ensure that:

(a) such procedures are initiated and completed as expeditiously as possible and in a non-discriminatory order;

(b) the normal processing period for each one of such procedures is published or the estimated processing period is communicated to the applicant upon request;

(c) the competent body or authority:

(i) upon receipt of an application, promptly examines the completeness of the documentation and informs the applicant in a precise and complete manner of any deficiency;

(ii) transmits to the applicant as soon as possible the results of the assessment in a precise and complete manner, so that the applicant may take any necessary corrective action;

(iii) even if the application is deficient, proceeds as far as practicable with the conformity assessment if so requested by the applicant; and

(iv) informs the applicant, on request, of the status of the application and the reasons for any delay;

(d) it limits the information the applicant is required to supply to what is necessary to conduct the conformity assessment procedure and to determine appropriate fees;

(e) the confidential nature of information arising from, or supplied in connection with such procedures for a good of the other Party is respected in the same manner as the treatment accorded to a good of that Party, so as to protect legitimate commercial interests;

(f) any fee it imposes for conducting the conformity assessment procedure of a good of the other Party is no higher than is equitable in relation to any such fee imposed for like goods of that Party, taking into account communication, transportation and other related costs derived from the different locations of the facilities of the applicant and those of the conformity assessment body;

(g) the location of facilities at which conformity assessment procedures and sampling selection procedures are conducted does not cause unnecessary inconvenience to the applicant or its agents;

  • 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