Chile - Korea, Republic of FTA (2003)
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Annex 13.4. Temporary Entry for Business Persons

Section I. Business Visitors

1. Each Party shall grant temporary entry to a business person secking to engage in a business activity set out in Appendix 13.4.1.1, without requiring that person to obtain an employment authorization, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry, on presentation of:

(a) proof of citizenship of a Party;

(b) documentation demonstrating that the business person will be so engaged and describing the purpose of entry; and

(c) evidence demonstrating that the proposed business activity is international in scope and the business person is not seeking to enter the local labour market.

2. Each Party shall provide that a business person may satisfy the requirements of subparagraph 1(c) by demonstrating that:

(a) the primary source of remuneration for the proposed business activity is outside the territory of the Party granting temporary entry; and

(b) the business person's principal place of business and the actual place of accrual of profits, at least, predominantly, remain outside such a territory.

3. Each Party shall grant temporary entry to a business person seeking to engage in a business activity other than those set out in Appendix 13.4.1.1, without requiring that person to obtain an employment authorization, on a basis no less favourable than that provided under the existing provisions of the measures set out in Appendix 13.4.1.3, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry.

4. Neither Party may:

(a) as a condition for temporary entry under paragraph 1 or 3, require prior approval procedures, petitions, labour certification tests or other procedures of similar effect; or

(b) impose or maintain any numerical restriction relating to temporary entry under paragraph 1 or 3.

5. Notwithstanding paragraph 4, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent in accordance with its domestic immigration law prior to entry. Before imposing the visa requirement, the Party shall consult with the other Party with a view to avoiding the imposition of the requirement. With respect to an existing visa requirement, a Party shall consult, upon request, with the other Party with a view to its removal.

Section II. Traders and Investors

1. Each Party shall grant temporary entry and provide confirming documentation to a business person seeking to:

(a) carry on substantial trade in goods or services principally between the territory of the Party of which the business person is a citizen and the territory of the other Party into which entry is sought, or

(b) establish, develop, administer or provide advice or key technical services to the operation of an investment to which the business person or the business person's enterprise has committed, or is in the process of committing, a substantial amount of capital,

in a capacity that is supervisory or executive, or involves essential skills, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry.

2. Neither Party may: (a) as a condition for temporary entry under paragraph 1, require labour certification tests or other procedures of similar effect; or

(b) impose or maintain any numerical restriction relating to temporary entry under paragraph 1.

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent in accordance with its domestic immigration law prior to entry. Before imposing the visa requirement, the Party shall consult with the other Party with a view to avoiding the imposition of the requirement. With respect to an existing visa requirement, a Party shall consult, upon request, with the other Party with a view to its removal.

Section III. Intra-Company Transferees

1. Each Party shall grant temporary entry and provide confirming documentation to a business person employed by an enterprise who seeks to render services to that enterprise of a Party or a subsidiary or affiliate thereof, in a capacity that is managerial, executive or involves specialised knowledge, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry. A Party may require the business person to have been employed continuously by the enterprise for one year within the three-year period immediately preceding the date of the application for admission.

2. Neither Party may:

(a) as a condition for temporary entry under paragraph 1, require labour certification tests or other procedures of similar effect; or

(b) impose or maintain any numerical restriction relating to temporary entry under paragraph 1.

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent in accordance with its domestic immigration law prior to entry. Before imposing visa requirement, the Party shall consult with the other Party with a view to avoiding the imposition of the requirement. With respect to an existing visa requirement, a Party shall consult, upon request, with the other Party with a view to its removal.

Annex 13.4.1.

In the case of Chile:

1. Business persons who enter Chile under any of the categories set out in Annex 13.4 shall be deemed to be engaged in activities which are in the country's interest.

2. Business persons who enter Chile under any of the categories set out in Annex 13.4 are issued with a temporary resident visa for a period up to one year. Such a temporary visa may be extended for subsequent periods, provided the conditions on which it is based remain in effect, without requiring that person to apply for permanent residence.

3. Business persons who enter Chile may also obtain an identity card for foreigners.

4. Business persons who enter Chile under any of the categories set out in Annex 13.4 may freely enter and leave Chile without re-entry permission during the validity of their visas on the basis of reciprocity.

In the case of Korea:

1. Business visitors who enter Korea under Section I of Annex 13.4 are issued with a short- term business visa (C-2) for a period of up to six months. A change of visa status to that of an intra-company transferee visa (D-7), investment visa (D-8) or trade management visa (D-9), may be permitted, if the activities of the business visitors satisfy the conditions under Sections II and Ill of Annex 13.4.

2. Investors and traders who enter Korea under Section II of Annex 13.4 are issued with an investment visa (D-8) or a trade and management visa (D-9), respectively, for a period of up to one year. These visas may be extended for subsequent periods provided the conditions on which they are based remain in effect.

3. Intra-company transferees who enter Korea under Section II of Annex 13.4 are issued with an intra-company transferee visa (D-7) for a period of up to one year. This visa may be extended for subsequent periods provided the conditions on which it is based remain in effect.

4. Business persons who enter Korea under any of the categories set out in Annex 13.4 may freely enter and leave Korea without re-entry permission during the validity of their visa on the basis of the reciprocity.

5. Business persons who intend to stay over 90 days in Korea shall register the aliens registration at the competent immigration office.

Appendix 13.4.1.1. Business Visitors

1. For purposes of this Appendix, "territory of the other Party" means the territory of the Party other than the territory of the Party into which temporary entry is sought.

2. Business activities referred to in Section I.1 of Annex 13.4 are:

Research and Design

- Technical, scientific and statistical researchers conducting research for an enterprise located in the territory of the other Party.

Growth, Manufacture and Production

- Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of the other Party.

Marketing

- Market researchers and analysts conducting analysis or research for an enterprise located in the territory of the other Party. 

- Trade fair and promotional personnel attending a trade convention.

Sales

- Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of the other Party but not delivering goods or providing services.

- Buyers purchasing for an enterprise located in the territory of the other Party.

Distribution

- Customs brokers providing consulting services regarding the facilitation of the import or export of goods.

After-Sales Service

- Installers, repair and maintenance personnel, and supervisors, possessing specialised knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.

General Service

- Consultants engaging in a business activity at the cross-border services provision level. . Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of the other Party.

- Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of the other Party. Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.

- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of the other Party.

- Translators or interpreters performing services as employees of an enterprise located in the territory of the other Party.

Appendix 13.4.1.3.

Existing Immigration Measures

1. In the case of Chile, Title I, paragraph 6 of Decree Law 1094, Official Gazette, July 19, 1975, Immigration Law ("Decreto Ley 1094, Diario Oficial, julio 19, 1975, Ley de Extranjeria"), and Title I of Immigration Regulation ("Decreto Supremo 597 del Ministerio del Interior, Diario Oficial noviembre 24, 1984, Reglamento de Extranjeria").

2. Inthe case of Korea, Immigration Law Article 7 and Article 8 (amended February 5, 1999), Immigration Law Enforcement Ordinance Article 7, Article 11 and Article 12 (amended November 27, 1999), Immigration Law Enforcement Regulations Article 8, Article 9, Article 10, Article 13, Article 18, Article 71 and Article 76 (amended December 2, 1999), Visa Issuance Procedure for Short-Term Business (C-2), Short-Term Visitors (C-3).

Chapter 14. COMPETITION

Article 14.1. Definitions

For the purpose of this Chapter:

competition laws includes:

(a) for Chile, Decree Law N° 211 of 1973 and Law N° 19.610 of 1999 and their implementing regulations or amendments;

(b) for Korea, the Monopoly Regulation and Fair Trade Act (Law no. 3320, 1980) and its implementing regulations and amendments; and (c) any changes that the legislations in subparagraphs (a) and (b) may undergo after the conclusion of this Agreement;

competition authority means:

(a) for Chile, the "Fiscalia Nacional Económica"; and

(b) for Korea, the Fair Trade Commission; and

enforcement activity means any application of competition laws by way of investigation or proceeding conducted by the competition authority of a Party, which may result in the imposition of penalties or remedies.

Article 14.2. Objectives

1. The Parties undertake to apply their respective competition laws in a manner consistent with this Chapter so as to avoid that the benefits of the liberalization process in goods and services may be diminished or cancelled out by anti-competitive business conduct. To this end, the Parties agree to cooperate and coordinate between their competition authorities under the provisions of this Chapter.

2. With a view to preventing distortions or restrictions on competition which may affect trade in goods or services between them, the Parties shall give particular attention to anti-competitive agreements, concerted practices and abusive behavior resulting from single or joint dominant positions.

3. The Parties agree to cooperate and coordinate between themselves for the implementation of competition laws. This cooperation includes notification, consultation, exchange of non- confidential information and technical assistance. The Parties acknowledge the importance of embracing principles on competition that would be accepted by both Parties in multilateral fora, including the WTO.

Article 14.3. Notifications

1. Each competition authority shall notify the competition authority of the other Party of an enforcement activity if it:

(a) is liable to substantially affect the other Party's important interests;

(b) relates to restrictions on competition which are liable to have a direct and substantial effect in the territory of the other Party; or

(c) concerns anti-competitive acts taking place principally in the territory of the other Party.

2. Provided that it is not contrary to the Parties' competition laws and does not affect any investigation being carried out, notification shall be given at an early stage of the procedure. The opinions received may be taken into consideration by the other competition authority when taking decisions.

3. The notifications given under paragraph 1 should be detailed enough to permit an evaluation in the light of the interests of the other Party.

4. The Parties undertake to exert their best efforts to ensure that notifications are made in the circumstances set out above, taking into account the administrative resources available to them.

Article 14.4. Coordination of Enforcement Activities

The competition authority of a Party may notify the other Party's competition authority of its intention to coordinate enforcement activities with respect to a specific case. This coordination shall not prevent the Parties from taking autonomous decisions.

Article 14.5. Consultations When the Important Interests of a Party Are Adversely Affected In the Territory of the other Party

1. Each Party shall, in accordance with its laws, take into consideration, as necessary, the important interests of the other Party in the course of its enforcement activities. If the competition authority of a Party considers that an investigation or proceeding being conducted by the competition authority of the other Party may adversely affect such a Party's important interests, it may transmit its views on the matter to, or request consultation with, the other competition authority. Without prejudice to the continuation of any action under its competition laws and to its full freedom of ultimate decision, the competition authority so addressed should give full and sympathetic consideration to the views expressed by the requesting competition authority.

2. The competition authority of a Party that considers that its interests are being substantially and adversely affected by anti-competitive practices of whatever origin that are or have been engaged in by one or more enterprises located in the other Party may request consultations with the competition authority of that Party. Such consultations are without prejudice to the full freedom of ultimate decision of the competition authority concerned. A competition authority so consulted may take whatever corrective measures under its competition laws, which it deems appropriate, consistent with its own domestic law, and without prejudice to its full enforcement discretion.

Article 14.6. Exchange of Information and Confidentiality

1. With a view to facilitating the effective application of their respective competition laws, the competition authorities may exchange non-confidential information.

2. For the purpose of improving transparency, and without prejudice to the rules and standards of confidentiality applicable in each Party, the Parties hereby undertake to exchange information regarding sanctions and remedies applied in the cases that, according to the competition authority concerned, are significantly affecting important interests of the other Party and to provide the grounds on which those actions were taken, when requested by the competition authority of the other Party.

3. All exchange of information shall be subject to the standards of confidentiality applicable in each Party. Confidential information whose dissemination is expressly prohibited or which, if disseminated, could adversely affect the interest of the Parties, shall not be provided without the express consent of the source of the information.

4. Each competition authority shall maintain the confidentiality of any information provided to it in confidence by the other competition authority, and shall not disclose such information to any entity that is not authorised by the competition authority that supplied the information.

5. Notwithstanding the above provisions of this Article, where the laws of the Parties so provides, confidential information may be provided to their respective courts of justice, provided that confidentiality is maintained by the courts.

Article 14.7. Technical Assistance

The Parties may provide each other with technical assistance in order to take advantage of their respective experiences and to strengthen the implementation of their competition laws and policies.

Article 14.8. Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights, Including Designated Monopolies

1. Nothing in this Chapter prevents the Parties from designating or maintaining public or private monopolies according to their respective laws.

2. With regard to public enterprises and enterprises to which special or exclusive rights have been granted, including designated monopolies, the Commission shall ensure that, following the date of entry into force of this Agreement, such enterprises shall be subject to the rules of competition, insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.

Article 14.9. Dispute Settlement

Neither Party may have recourse to dispute settlement procedures under Chapter 19 for any matter arising under this Chapter.

Title IV. GOVERNMENT PROCUREMENT

Chapter 15. GOVERNMENT PROCUREMENT

Article 15.1. Definitions

For Purposes of this Chapter:

Entity Means an Entity of a Party Covered In Annex 15.1;

government procurement means the process by which a government, through any contractual means, obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale, or use in the production or supply of goods or services for commercial sale or resale;

offsets means those conditions imposed or considered by an entity prior to, or in the course of its procurement process, that encourage local development or improve its Party's balance of payments accounts by means of requirements of local content, licensing of technology, investment, counter-trade or similar requirements;

open tendering procedures means those procedures whereby any interested supplier may submit a tender;

privatisation means a process by means of which a public entity is no longer subject to government control, whether by public tender of the shares of that entity or otherwise, as contemplated in the respective Party's legislation in force;

public works concession and build-operate-transfer contract means a contract of the same type as the public works procurement contract, except for the fact that the remuneration for the works to be carried out consists either solely of the right to exploit the construction or in such a right together with a payment;

supplier means a natural or legal person that provides or could provide goods or services to an entity;

technical specifications means a specification, which lays down the characteristics of the products or services to be procured, such as quality, performance, safety and dimensions, symbols, terminology, packaging, marking and labelling, or the processes and methods for their production and requirements relating to conformity assessment procedures prescribed by procuring entities; and

tenderer means a supplier who has submitted a tender.

Article 15.2. Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party relating to procurement by an entity, by any contractual means, including purchase and rental or lease, with or without an option to buy, subject to the conditions specified in Annexes 15.1 and 15.2. For purposes of this Chapter, public works concession and build-operate-transfer contracts shall be considered as procurement.

2. This Chapter does not apply to:

(a) non-contractual agreements or any form of assistance provided by a Party or a state enterprise, including grants, loans, fiscal incentives, subsidies, guarantees, cooperative agreements, government provision of goods and services to persons or to state, regional or local governments, and purchases for the direct purpose of providing foreign assistance;

(b) purchases funded by international grants, loans or other assistance, where the provision of such assistance is subject to conditions inconsistent with the provisions of this Chapter;

(c) hiring of government employees and hiring of entities’ other long-term staff and personnel, and related employment measures; and

(d) financial services.

3. Neither Party may prepare, design or otherwise structure any procurement contract in order to avoid the obligations under this Chapter.

Article 15.3. National Treatment and Non-Discrimination

1. Each Party shall ensure that the procurement of its entities covered by this Chapter takes place in a transparent, reasonable and non-discriminatory manner, treating any supplier of either Party equally and ensuring the principle of open and effective competition.

2. With respect to any laws, regulations, procedures and practices regarding government procurement covered by this Chapter, each Party shall grant the goods, services and suppliers of the other Party a treatment no less favourable than that accorded by it to domestic goods, services and suppliers.

3. With respect to any laws, regulations, procedures and practices regarding government procurement covered by this Chapter, each Party shall ensure:

(a) that its entities do not treat a locally-established supplier less favourably than any other locally-established supplier on the basis of the degree of foreign affiliation to, or ownership by, a person of the other Party; and

(b) that its entities do not discriminate against a locally-established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

4. This Article shall not apply to measures concerning customs duties or other charges of any kind imposed on, or in connection with importation, the method of levying such duties and charges, other import regulations, including restrictions and formalities, nor to measures affecting trade in services other than measures specifically governing procurement covered by this Chapter.

Article 15.4. Prohibition of Offsets

Each Party shall ensure that its entities do not, in the qualification and selection of suppliers, goods or services, in the evaluation of bids or in the award of contracts, consider, seek or impose offsets.

Article 15.5. Transparency

1. Each Party shall promptly publish any law, regulation, judicial decision and administrative ruling of general application and procedure, including standard contract clauses, regarding procurement covered by this Chapter, in the appropriate publications, including officially designated electronic media.

2. Each Party shall promptly publish in the same manner as in paragraph 1 any modification to such measures therein.

Article 15.6. Tendering Procedures

1. Entities shall award their public contracts by open tendering procedures according to their respective domestic procedures, in compliance with this Chapter and in a non-discriminatory manner.

2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, entities shall be allowed to award contracts by means other than an open tendering procedure in the following circumstances and subject to the following conditions, where applicable:

(a) in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior tendering procedure, including any conditions for participation, provided that the requirements of the initial procurement are not substantially modified in the contract as awarded;

(b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents, copyrights or proprietary information or in the absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;

(c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations;

(d) for quoted goods purchased on a commodity market and for purchases of goods made under exceptionally advantageous conditions, which only arise in the very short term in the case of unusual disposals, and not for routine purchases from regular suppliers;

(e) when an entity procures prototypes or a first good or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;

(f) when additional construction services which were not included in the initial contract but which were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein, provided that the total value of contracts awarded for additional construction services does not exceed 50 per cent of the amount of the main contract; or

(g) insofar as it is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time under an open tendering procedure and the use of such procedure would result in serious injury to the entity, the entity's program responsibilities or the responsible Party. This exception may not be used as a result of a lack of advance planning or concerns relating to the amount of funds available to an entity within a particular period of time.

3. The Parties shall ensure that, whenever it is necessary for entities to resort to a procedure other than open tendering procedures based on the circumstances set forth in paragraph 2, the entities shall maintain a record or prepare a written report providing specific justification for the contract.

  • 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