Chile - United States FTA (2003)
Previous page Next page

(b) financial data processing as described in subparagraph (o) of the definition of financial service, subject to prior authorization from the relevant regulator, as required. (5)

(c) advisory and other auxiliary financial services, excluding intermediation and credit reference and analysis, relating to banking and other financial services as described in subparagraph (p) of the definition of financial service.

Notwithstanding subparagraph (c), in the event that after the date of entry into force of this Agreement Chile allows credit reference and analysis to be supplied by cross-border financial service suppliers, it shall accord national treatment (as specified in Article 12.2(3)) to cross-border financial service suppliers of the United States. Nothing in this commitment shall be construed to prevent Chile from subsequently restricting or prohibiting the supply of credit reference and analysis services by cross- border financial service suppliers.

7. Itis understood that a Party's commitments on cross-border investment advisory services shall not, in and of themselves, be construed to require the Party to permit the public offering of securities (as defined under its relevant law) in the territory of the Party by cross-border suppliers of the other Party who supply or seek to supply such investment advisory services. A Party may subject the cross-border suppliers of investment advisory services to regulatory and registration requirements.

(5) It is understood that where the financial information or financial data processing referred to in subparagraphs (a) and (b) involve personal data, the treatment of such personal data shall be in accordance with Chilean law regulating the protection of such data.

Annex 12.9. Specific Commitments

Section A. Right of Establishment with Respect to Certain Financial Services

1. In lieu of Article 12.4 with respect to Banking and other Financial Services (excluding Insurance):

(a) Each Party shall permit an investor of the other Party

(i) that does not own or control a financial institution in the Party's territory to establish in that territory a financial institution permitted to supply financial services that such an institution may supply under the domestic law of the Party at the time of establishment, without the imposition of numerical restrictions, and

(ii) that owns or controls a financial institution in the Party's territory to establish in that territory such additional financial institutions as may be necessary to permit the supply of the full range of financial services allowed under the domestic law of the Party at the time of establishment of the additional financial institutions.

The right of establishment shall include the acquisition of existing entities.

(b) Neither Party may restrict or require specific types of juridical form with respect to the initial financial institution that the investor seeks to establish pursuant to subparagraph (a)(i).

(c) Except with respect to the imposition of numerical or juridical form restrictions on establishment of the initial financial institution described in subparagraph (a)(i), a Party may, consistent with Article 12.2, impose terms and conditions on establishment of additional financial institutions described in subparagraph (a)(ii) and determine the institutional and juridical form through which particular permitted financial services or activities are supplied.

(d) A Party may, consistent with Article 12.2, prohibit a particular financial service or activity. (6)

2. For purposes of this Annex:

(a) an "investor of the other Party" means an investor of the other Party engaged in the business of providing banking and other financial services (excluding insurance) in the territory of that Party.

(b) "numerical restrictions" means limitations imposed, either on the basis of a regional subdivision or on the basis of the entire territory of the Party, on the number of financial institutions whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirements of an economic needs test.

3. Notwithstanding the inclusion of the non-conforming measures of Chile in Annex III, Section II, referring to social services, Chile, with respect to the establishment by an investor of the United States of an Administradora de Fondos de Pensiones under Decreto Ley 3.500, shall:

(a) apply subparagraph 1(a) of Section A of this Annex, and

(b) not apply an economic needs test.

No other modification of the effect of the non-conforming measures referring to social services is intended or shall be construed under this paragraph.

4. The specific commitments of the United States under paragraph 1 are subject to the headnotes and non-conforming measures set forth in Sections A and B of Annex III with respect to banking and other financial services (excluding insurance).

5. The specific commitments of Chile under paragraphs 1 and 3 are subject to the headnotes and non- conforming measures set forth in Annex III of Chile with respect to banking and other financial services (excluding insurance).

(6) The Parties understand that a Party may not prohibit all financial services or a complete financial services subsector such as banking.

Section B. Voluntary Savings Plans; Non-Discriminatory Treatment of U.S. Investors

1. Notwithstanding the inclusion of the non-conforming measures of Chile in Annex III, Section II, referring to social services, with respect to voluntary savings pension plans established under Ley

19.768, Chile shall extend the obligations of Article 12.2(1) and (2) and of Article 12.3 to financial institutions of the United States, investors of the United States, and investments of such investors in financial institutions established in Chile. The specific commitment contained in this paragraph shall enter into force by March 1, 2005.

2. Notwithstanding the inclusion of the nonconforming measures of Chile in Annex III, Section II, referring to social services, Chile, as required by its domestic law, shall not establish arbitrary differences with respect to U.S. investors in Administradoras de Fondos de Pensiones under Decrefo Ley 3.500.

Section C. Portfolio Management

1. Each Party shall allow a financial institution (other than a trust company or insurance company), organized outside its territory, to provide investment advice and portfolio management services, excluding (1) custodial services, (2) trustee services, and (3) execution services that are not related to managing a collective investment scheme, to a collective investment scheme located in the Party's territory. This commitment is subject to Article 12.1 and to the provisions of Article 12.5(3) regarding the right to require registration, without prejudice to other means of prudential regulation.

2. Notwithstanding paragraph 1, a Party may require the collective investment scheme located in the Party's territory to retain ultimate responsibility for the management of the collective investment scheme or the funds that it manages.

3. For purposes of paragraphs 1 and 2, collective investment scheme means:

(a) in the United States, an investment company registered with the Securities and Exchange Commission under the Investment Company Act of 1940; and

(b) in Chile, the following fund management companies subject to supervision by the Superintendencia de Valores y Seguros:

(i) Compañías Administradoras de Fondos Mutuos (Decreto Ley 1.328 de 1976);

(ii) Compañías Administradoras de Fondos de Inversión (Ley 18.815 de 1989);

(iii) Compañías Administradoras de Fondos de Inversión de Capital Extranjero (Ley 18.657 de 1987);

(iv) Compañías Administradoras de Fondos para la Vivienda (Ley 18.281 de 1993); and

(v) Compañías Administradoras Generales de Fondos (Ley 18.045 de 1981).

Section D. Expedited Availability of Insurance Services

Each Party should endeavor to maintain existing opportunities or may wish to consider policies or procedures such as: not requiring product approval for insurance other than sold to individuals or compulsory insurance; allowing introduction of products unless those products are disapproved within a reasonable period of time; and not imposing limitations on the number or frequency of product introductions. This Section does not apply to the specific category of Chilean govemment-supported insurance programs, such as climate insurance.

Section E. Insurance Branching

1. Notwithstanding the inclusion of the nonconforming measures of Chile in Annex III, Section II, referring to insurance market access, excluding any portion of those nonconforming measures referring to financial conglomerates and social services, no later than four years after the date of entry into force of this Agreement, Chile shall allow U.S. insurance suppliers to establish in its territory through branches. Chile may choose how to regulate branches, including their characteristics, structure, relationship to their parent company, capital requirements, technical reserves, and obligations regarding risk patrimony and their investments. (7)

2. Recognizing the principles of federalism under the U.S. Constitution, the history of state regulation of insurance in the United States, and the McCarran-Ferguson Act, the United States will work with the National Association of Insurance Commissioners (NAIC) in its review of those states that do not allow initial entry of a non-US insurance company as a branch to supply life, accident, health (excluding worker's compensation) insurance, non-life insurance, or reinsurance and retrocession to determine whether such entry could be provided in the future. Those states are Arkansas, Arizona, Connecticut, Georgia, Hawaii (branching allowed for reinsurance), Kansas, Maryland, Minnesota, Nebraska, New Jersey, North Carolina, Pennsylvania, Tennessee, Vermont, and Wyoming.

(7) The Parties understand that for this purpose, Chile may establish the following requirements among others: (a) that the capital and reserves that foreign insurance companies assign to their branches must be effectively transferred and converted into domestic currency in conformity with Chilean law; (b) that the increases of capital and reserves that do not come from capitalization of other reserves will have the same treatment as initial capital and reserves; (c) that in the transactions between a branch and its parent or other related companies each shall be considered as independent entities; (d) that the branch owners or shareholders meet the solvency and integrity requirements established in Chile’s insurance legislation; (e) that branches of foreign insurance companies that operate in Chile may transfer liquid profits only if they do not have an investment deficit in their technical reserves and risk patrimony, nor a deficit of risk patrimony.

Annex 12.11.

The Parties recognize that Chile-s implementation of the obligations of paragraphs 2 and 9 of Article 12.11 may require legislative and regulatory changes. Chile shall implement the obligations of these paragraphs no later than two years after the date of entry into force of this Agreement.

Annex 12.15. Authorities Responsible for Financial Services

The authority of each Party responsible for financial services shall be:

(a) for Chile, the Ministerio de Hacienda; and

(b) for the United States, the Department of the Treasury for banking and other financial services and the Office of the United States Trade Representative, in coordination with the Department of Commerce and other agencies, for insurance services.

Chapter Thirteen. Telecommunications

Article 13.1. Scope and Coverage

1. This Chapter applies to:

(a) measures adopted or maintained by a Party relating to access to and use of the public telecommunications network and services;

(b) measures adopted or maintained by a Party relating to obligations of major suppliers of public telecommunications services;

(c) measures adopted or maintained by a Party relating to the provision of information services; and

(d) other measures relating to public telecommunication networks or services.

2. Except to ensure that enterprises operating broadcast stations and cable systems have continued access to and use of public telecommunications networks and services, this Chapter does not apply to any measure adopted or maintained by a Party relating to cable or broadcast distribution of radio or television programming.

3. Nothing in this Chapter shall be construed to:

(a) require a Party or require a Party to compel any enterprise to establish, construct, acquire, lease, operate, or provide telecommunications networks or telecommunications services, where such networks or services are not offered to the public generally;

(b) require a Party to compel any enterprise exclusively engaged in the cable or broadcast distribution of radio or television programming to make available its cable or broadcast facilities as a public telecommunications network; or

(c) prevent a Party from prohibiting persons operating private networks from using their networks to provide public telecommunications networks or services to third persons.

Article 13.2. Access to and Use of Public Telecommunications Networks and Services  (1)

1. Each Party shall ensure that enterprises of the other Party have access to and use of any public telecommunications service, including leased circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6.

2. Each Party shall ensure that such enterprises are permitted to:

(a) purchase or lease, and attach terminal or other equipment that interfaces with the public telecommunications network;

(b) provide services to individual or multiple end-users over any leased or owned circuit(s);

(c) connect owned or leased circuits with public telecommunications networks and services in the territory, or across the borders, of that Party or with circuits leased or owned by another person;

(d) perform switching, signaling, processing, and conversion functions; and (e) use operating protocols of their choice.

3. Each Party shall ensure that enterprises of the other Party may use public telecommunications services for the movement of information in its territory or across its borders and for access to

information contained in databases or otherwise stored in machine-readable form in the territory of either Party.

4. Further to Article 23.1 (General Exceptions) and notwithstanding paragraph 3, a Party may take such measures as are necessary to:

(a) ensure the security and confidentiality of messages; or

(b) protect the privacy of non-public personal data of subscribers to public telecommunications services, subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services.

5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks or services, other than that necessary to:

(a) safeguard the public service responsibilities of providers of public telecommunications networks or services, in particular their ability to make their networks or services available to the public generally; or

(b) protect the technical integrity of public telecommunications networks or services.

6. Provided that conditions for access to and use of public telecommunications networks or services satisfy the criteria set out in paragraph 5, such conditions may include:

(a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services; and

(b) a licensing, permit, registration, or notification procedure which, if adopted or maintained, is transparent and applications filed thereunder are processed expeditiously.

(1) For greater certainty, access to unbundled network elements, including access to leased circuits as an unbundled network element, is addressed in Article 13.4(3).

Article 13.3. Obligations Relating to Interconnection with Suppliers of Public Telecommunications Services

1. Each Party shall ensure that suppliers of public telecommunications services in its territory provide, directly or indirectly, interconnection with the suppliers of public telecommunications services of the other Party.

2. In carrying out paragraph 1, each Party shall ensure, in accordance with its domestic law and regulations, that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end- users of public telecommunications services and only use such information for the purpose of providing those services.

Article 13.4. Additional Obligations Relating to Conduct of Major Suppliers of Public Telecommunications Services  (2)

Treaiment by Major Suppliers

1. Subject to Annex 13.4(1), each Party shall ensure that major suppliers in its territory accord suppliers of public telecommunications services of the other Party non-discriminatory treatment regarding:

(a) the availability, provisioning, rates, or quality of like public telecommunications services; and

(b) the availability of technical interfaces necessary for interconnection.

Competitive Safeguards

2. (a) Each Party shall maintain appropriate measures for the purpose of preventing suppliers who, alone or together, are a major supplier in its territory from engaging in or continuing anti-competitive practices.

(b) For purposes of subparagraph (a), examples of anti-competitive practices include: (i) engaging in anti-competitive cross-subsidization;

(i) using information obtained from competitors with anti-competitive results; and

(ii) not making available, on a timely basis, to suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information which are necessary for them to provide public telecommunications services.

Unbundling of Network Elements

3. (a) Each Party shall provide its competent body the authority to require that major suppliers in its territory provide suppliers of public telecommunications services of the other Party access to network elements on an unbundled basis for the supply of those services on terms and conditions and at cost-oriented rates that are reasonable and non-discriminatory.

(b) Which network elements will be required to be made available in its territory, and which suppliers may obtain such elements, will be determined in accordance with national law and regulation(s).

(c) In determining the network elements to be made available, each Party's competent body shall consider, at a minimum, in accordance with national law and regulation:

(i) whether access to such network elements as are proprietary in nature is necessary, and whether the failure to provide access to such network elements would impair the ability of suppliers of public telecommunications services of the other Party to provide the services they seek to offer; or

(ii) other factors as established in national law or regulation, as that body construes these factors.

Co-Location

4. (a) Each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications services of the other Party physical co-location of equipment necessary for interconnection or access to unbundled network elements on terms, conditions, and at cost-oriented rates that are reasonable and non- discriminatory.

(b) Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory provide:

(i) altemative solutions; or

(ii) facilitate virtual co-location, on terms, conditions, and at cost- oriented rates that are reasonable and non-discriminatory.

(c) Each Party may determine which premises shall be subject to subparagraphs (a) and (b).

Resale

5. Each Party shall ensure that major suppliers in its territory:

(a) offer for resale, at reasonable rates,(3) to suppliers of public telecommunications services of the other Party, public telecommunications services that such major supplier provides at retail to end users that are not suppliers of public telecommunications services; and

(b) subject to Annex 13.4(5)(b), do not impose unreasonable or discriminatory conditions or limitations on the resale of such services.

Number Portability

6. Each Party shall ensure that major suppliers in its territory provide number portability to the extent technically feasible, on a timely basis, and on reasonable terms and conditions.

Dialing Parity

7. Each Party shall ensure that major suppliers in its territory provide dialing parity to suppliers of public telecommunications services of the other Party and afford suppliers of public telecommunications services of the other Party non-discriminatory access to telephone numbers and related services with no unreasonable dialing delays.

Interconnection

8. (a) General Terms and Conditions Each Party shall ensure that major suppliers in its territory provide interconnection for the facilities and equipment of suppliers of public telecommunications services of the other Party:

(i) at any technically feasible point in the major supplier's network;

(i) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;

(iii) of a quality no less favorable than that provided by such major supplier for its own like services, or for like services of non-affiliated service suppliers or for like services of its subsidiaries or other affiliates;

(iv) in a timely fashion, on terms, conditions (including technical standards and specifications), and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(v) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

(b) Options for Interconnecting with Major Suppliers

Each Party shall ensure that suppliers of public telecommunications services of the other Party may interconnect their facilities and equipment with those of major suppliers in its territory pursuant to at least one of the following options:

(i) a reference interconnection offer or other standard interconnection offer containing the rates, terms, and conditions that the major

supplier offers generally to suppliers of public telecommunications services; or

(ii) the terms and conditions of an existing interconnection agreement or through negotiation of a new interconnection agreement.

(c) Public Availability of Interconnection Offers Each Party shall require each major supplier in its territory to make publicly available a reference interconnection offer or other standard interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications services.

(d) Public Availability of the Procedures for Interconnection Each Party shall make publicly available the applicable procedures for interconnection negotiations with major suppliers in its territory.

(e) Public Availability of Interconnection Agreements with Major Suppliers Each Party shall:

(i) require major suppliers in its territory to file all interconnection agreements to which they are party with its telecommunications regulatory body, and

(ii) make publicly available interconnection agreements in force between major suppliers in its territory and other suppliers of public telecommunications services in such territory.

Leased Circuits Services (4)

(a) Each Party shall ensure that major suppliers in its territory provide enterprises of the other Party leased circuits services that are public telecommunications services, on terms, conditions, and at rates that are reasonable and non-discriminatory.

(b) In carrying out subparagraph (a), each Party shall provide its telecommunications regulatory body the authority to require major suppliers in its territory to offer leased circuits that are part of the public telecommunications services to enterprises of the other Party at flat-rate prices that are cost-oriented.

(2) For purposes of this Agreement, this Article does not apply to suppliers of commercial mobile services. Nothing in this Agreement shall be construed to preclude an authority from imposing measures set forth in this Article upon suppliers of commercial mobile services.
(3) The standard of reasonableness in this paragraph is satisfied, among others, by wholesale rates or cost-oriented rates set pursuant to domestic law and regulations.
(4) For greater certainty, access to unbundled network elements, including access to leased circuits as an unbundled network element, is addressed in Article 13.4(3).

Article 13.5. Submarine Cable Systems

1. Each Party shall ensure that enterprises in its territory that operate submarine cable systems accord non-discriminatory treatment for access to submarine cable systems.

2. Whether to apply paragraph 1 may be based on classification by a Party of such submarine cable system within its territory as a public telecommunications service supplier.

Article 13.6. Conditions for Supplying Information Services

1. Neither Party may require an enterprise in its territory that it classifies as a supplier of information services (which supplies such services over facilities that it does not own) to:

(a) supply those services to the public generally;

(b) cost-justify its rates for such services;

(c) file a tariff for such services;

(d) interconnect its networks with any particular customer for the supply of such services; or

(e) conform with any particular standard or technical regulation for interconnection for the supply of such services other than for interconnection to a public telecommunications network.

2. Notwithstanding paragraph 1, a Party may take appropriate action, including any of the actions described in paragraph 1, to remedy a practice of an information services supplier that the Party has found in a particular case to be anti-competitive under its law or regulation(s), or to otherwise promote competition or safeguard the interests of consumers.

  • Chapter   One Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Extent of Obligations 1
  • Chapter   Two General Definitions 1
  • Article   2.1 Definitions of General Application 1
  • Annex 2.1  Country-Specific Definitions 1
  • Chapter   Three National Treatment and Market Access for Goods 1
  • Article   3.1 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   3.2 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   3.3 Tariff Elimination 1
  • Article   3.4 Used Goods 1
  • Article   3.5 Customs Valuation of Carrier Media 1
  • Section   C Special Regimes 1
  • Article   3.6 Waiver of Customs Duties 1
  • Article   3.7 Temporary Admission of Goods 1
  • Article   3.8 Drawback and Duty Deferral Programs 1
  • Article   3.9 Goods Re-entered after Repair or Alteration 2
  • Article   3.10 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   D Non-Tariff Measures 2
  • Article   3.11 Import and Export Restrictions 2
  • Article   3.12 Administrative Fees and Formalities 2
  • Article   3.13 Export Taxes 2
  • Article   3.14 Luxury Tax 2
  • Section   E Other Measures 2
  • Article   3.15 Distinctive Products 2
  • Section   F Agriculture 2
  • Article   3.16 Agricultural Export Subsidies 2
  • Article   3.17 Agricultural Marketing and Grading Standards 2
  • Article   3.18 Agricultural Safeguard Measures 2
  • Section   G Textiles and Apparel 2
  • Article   3.19 Bilateral Emergency Actions 2
  • Article   3.20 Rules of Origin and Related Matters 2
  • Article   3.21 Customs Cooperation 2
  • Article   3.22 Definitions 2
  • Article   3.23 Committee on Trade In Goods 3
  • Section   I Definitions 3
  • Article   3.24 Definitions for Purposes of this Chapter: 3
  • Chapter   Four Rules of Origin and Origin Procedures 3
  • Section   A Rules of Origin 3
  • Article   4.1 Originating Goods 3
  • Article   4.2 Regional Value Content 3
  • Article   4.3 Value of Materials  3
  • Article   4.4 Accessories, Spare Parts, and Tools 3
  • Article   4.5 Fungible Goods and Materials 3
  • Article   4.6 Accumulation 3
  • Article   4.7 De Minimis Rule 3
  • Article   4.8 Indirect Materials Used In Production 3
  • Article   4.9 Packaging Materials and Containers for Retail Sale 3
  • Article   4.10 Packing Materials and Containers for Shipment 3
  • Article   4.11 Transit and Transshipment 3
  • Section   B Origin Procedures 3
  • Article   4.12 Claims of Origin 3
  • Article   4.13 Certificates of Origin 3
  • Article   4.14 Obligations Relating to Importations 3
  • Article   4.15 Obligations Relating to Exportations 3
  • Article   4.16 Procedures for Verification of Origin 3
  • Article   4.17 Common Guidelines 4
  • Section   C Definitions 4
  • Article   4.18 Definitions 4
  • Chapter   Five Customs Administration 4
  • Article   5.1 Publication 4
  • Article   5.2 Release of Goods 4
  • Article   5.3 Automation Each Party's Customs Authority Shall: 4
  • Article   5.4 Risk Assessment 4
  • Article   5.5 Cooperation 4
  • Article   5.6 Confidentiality 4
  • Article   5.7 Express Shipments 4
  • Article   5.8 Review and Appeal 4
  • Article   5.9 Penalties 4
  • Article   5.10 Advance Rulings 4
  • Article   5.11 Implementation 4
  • Chapter   Six Sanitary and Phytosanitary Measures 4
  • Article   6.1 Scope and Coverage 4
  • Article   6.2 General Provisions 4
  • Article   6.3 Committee on Sanitary and Phytosanitary Matters 4
  • Article   6.4 Definitions 4
  • Chapter   Seven Technical Barriers to Trade 4
  • Article   7.1 Scope and Coverage 4
  • Article   7.2 Affirmation of Agreement on Technical Barriers to Trade 5
  • Article   7.3 International Standards 5
  • Article   7.4 Trade Facilitation 5
  • Article   7.5 Technical Regulations 5
  • Article   7.6 Conformity Assessment 5
  • Article   7.7 Transparency 5
  • Article   7.8 Committee on Technical Barriers to Trade 5
  • Article   7.9 Information Exchange 5
  • Article   7.10 Definitions 5
  • Chapter   Eight Trade Remedies 5
  • Section   A Safeguards 5
  • Article   8.1 Imposition of a Safeguard Measure 5
  • Article   8.2 Standards for a Safeguard Measure 5
  • Article   8.3 Investigation Procedures and Transparency Requirements 5
  • Article   8.4 Notification  5
  • Article   8.5 Compensation 5
  • Article   8.6 Global Actions 5
  • Article   8.7 Definitions 5
  • Section   B Antidumping and Countervailing Duties 5
  • Article   8.8 Antidumping and Countervailing Duties 5
  • Chapter   Nine Nine Government Procurement 5
  • Article   9.1 Scope and Coverage 5
  • Article   9.2 General Principles 5
  • Article   9.3 Publication of Procurement Measures 5
  • Article   9.4 Publication of Notice of Intended Procurement 5
  • Article   9.5 Time Limits for the Tendering Process 5
  • Article   9.6 Information on Intended Procurements 5
  • Article   9.7 Technical Specifications 5
  • Article   9.8 Conditions for Participation 6
  • Article   9.9 Tendering Procedures 6
  • Article   9.10 Awarding of Contracts 6
  • Article   9.11 Information on Awards 6
  • Article   9.12 Ensuring Integrity In Procurement Practices 6
  • Article   9.13 Domestic Review of Supplier Challenges 6
  • Article   9.14 Modifications and Rectifications  6
  • Article   9.15 Non-Disclosure of Information 6
  • Article   9.16 Exceptions 6
  • Article   9.17 Public Information 6
  • Article   9.18 Committee on Procurement 6
  • Article   9.19 Further Negotiations 6
  • Article   9.20 Definitions  6
  • Chapter   Ten Investment 6
  • Section   A Investment 6
  • Article   10.1 Scope and Coverage  (1) 6
  • Article   10.2 National Treatment 6
  • Article   10.3 Most-Favored-Nation Treatment 6
  • Article   10.4 Minimum Standard of Treatment  (2) 6
  • Article   10.5 Performance Requirements 6
  • Article   10.6 Senior Management and Boards of Directors 7
  • Article   10.7 Non-Conforming Measures  (5) 7
  • Article   10.8 Transfers  (6) 7
  • Article   10.9 Expropriation and Compensation  (8) 7
  • Article   10.10 Special Formalities and Information Requirements 7
  • Article   10.11 Denial of Benefits 7
  • Article   10.12 Investment and Environment 7
  • Article   10.13 Implementation 7
  • Section   B Investor-State Dispute Settlement 7
  • Article   10.14 Consultation and Negotiation 7
  • Article   10.15 Submission of a Claim to Arbitration  (9) 7
  • Article   10.16 Consent of Each Party to Arbitration 7
  • Article   10.17 Conditions and Limitations on Consent of Each Party 7
  • Article   10.18 Selection of Arbitrators 7
  • Article   10.19 Conduct of the Arbitration 7
  • Article   10.20 Transparency of Arbitral Proceedings 8
  • Article   10.21 Governing Law 8
  • Article   10.22 Interpretation of Annexes 8
  • Article   10.23 Expert Reports 8
  • Article   10.24 Consolidation 8
  • Article   10.25 Awards 8
  • Article   10.26 Service of Documents 8
  • Section   C Definitions 8
  • Article   10.27 Definitions 8
  • Annex 10-A  Customary International Law 8
  • Annex 10-B  Public Debt. Chile 8
  • Annex 10-C  Special Dispute Settlement Provisions. Chile 8
  • Annex 10-D  Expropriation 8
  • Annex 10-E  Submission of a Claim to Arbitration. Chile 9
  • Annex 10-F  DL 600. Chile 9
  • Annex 10-G  Service of Documents on a Party Under Section B 9
  • Annex 10-H  Possibility of a Bilateral Appellate Body/Mechanism 9
  • Chapter   Eleven Cross-Border Trade In Services 9
  • Article   11.1 Scope and Coverage 9
  • Article   11.2 National Treatment 9
  • Article   11.3 Most-Favored-Nation Treatment 9
  • Article   11.4 Market Access 9
  • Article   11.5 Local Presence 9
  • Article   11.6 Non-conforming Measures 9
  • Article   11.7 Transparency In Development and Application of Regulations  (6) 9
  • Article   11.8 Domestic Regulation 9
  • Article   11.9 Mutual Recognition 9
  • Article   11.10 Implementation 9
  • Article   11.11 Denial of Benefits 9
  • Article   11.12 Definitions 9
  • Chapter   Twelve Financial Services 9
  • Article   12.1 Scope and Coverage 9
  • Article   12.2 National Treatment 9
  • Article   12.3 Most-Favored-Nation Treatment 9
  • Article   12.4 Market Access for Financial Institutions 9
  • Article   12.5 Cross-Border Trade 10
  • Article   12.6 New Financial Services  (2) 10
  • Article   12.7 Treatment of Certain Information 10
  • Article   12.8 Senior Management and Boards of Directors 10
  • Article   12.9 Non-Conforming Measures 10
  • Article   12.10 Exceptions 10
  • Article   12.11 Transparency 10
  • Article   12.13 Payment and Clearing Systems 10
  • Article   12.14 Expedited Availability of Insurance Services 10
  • Article   12.15 Financial Services Committee 10
  • Article   12.16 Consultations 10
  • Article   12.17 Dispute Settlement 10
  • Article   12.18 Investment Disputes In Financial Services 10
  • Article   12.19 Definitions 10
  • Annex 12.5  Cross-Border Trade 10
  • Annex 12.9  Specific Commitments 11
  • Section   A Right of Establishment with Respect to Certain Financial Services 11
  • Section   B Voluntary Savings Plans; Non-Discriminatory Treatment of U.S. Investors 11
  • Section   C Portfolio Management 11
  • Section   D Expedited Availability of Insurance Services 11
  • Section   E Insurance Branching 11
  • Annex 12.11  11
  • Annex 12.15  Authorities Responsible for Financial Services 11
  • Chapter   Thirteen Telecommunications 11
  • Article   13.1 Scope and Coverage 11
  • Article   13.2 Access to and Use of Public Telecommunications Networks and Services  (1) 11
  • Article   13.3 Obligations Relating to Interconnection with Suppliers of Public Telecommunications Services 11
  • Article   13.4 Additional Obligations Relating to Conduct of Major Suppliers of Public Telecommunications Services  (2) 11
  • Article   13.5 Submarine Cable Systems 11
  • Article   13.6 Conditions for Supplying Information Services 11
  • Article   13.7 Independent Telecommunications Regulatory Bodies 12
  • Article   13.8 Universal Service 12
  • Article   13.9 Licensing Procedures 12
  • Article   13.10 Allocation and Use of Scarce Resources 12
  • Article   13.11 Enforcement 12
  • Article   13.12 Procedures for Resolving Domestic Telecommunications Disputes 12
  • Article   13.13 Transparency 12
  • Article   13.14 Flexibility In the Choice of Technologies 12
  • Article   13.15 Forbearance 12
  • Article   13.16 Relationship to other Chapters 12
  • Article   13.17 Definitions 12
  • Chapter   Fourteen Temporary Entry for Business Persons 12
  • Article   14.1 General Principles 12
  • Article   14.2 General Obligations 12
  • Article   14.3 Grant of Temporary Entry 12
  • Article   14.4 Provision of Information 12
  • Article   14.5 Committee on Temporary Entry 12
  • Article   14.6 Dispute Settlement 12
  • Article   14.7 Relation to other Chapters 12
  • Article   14.8 Transparency In Development and Application of Regulations  (1) 12
  • Article   14.9 Definitions 12
  • Annex 14.3  Temporary Entry for Business Persons 12
  • Section   A Business Visitors 12
  • Section   B Traders and Investors 12
  • Section   C Intra-Company Transferees 12
  • Section   D Professionals 12
  • Appendix 14.3(A)(1)  Business Visitors 13
  • Appendix 14.3(D)(6)  United States 13
  • Chapter   Fifteen Electronic Commerce 13
  • Article   15.1 General Provisions 13
  • Article   15.2 Electronic Supply of Services 13
  • Article   15.3 Customs Duties on Digital Products 13
  • Article   15.4 Non-Discrimination for Digital Products 13
  • Article   15.5 Cooperation 13
  • Article   15.6 Definitions 13
  • Chapter   Sixteen Competition Policy, Designated Monopolies, and State Enterprises 13
  • Article   16.1 Anticompetitive Business Conduct 13
  • Article   16.2 Cooperation 13
  • Article   16.3 Designated Monopolies 13
  • Article   16.4 State Enterprises 13
  • Article   16.5 Differences In Pricing 13
  • Article   16.6 Transparency and Information Requests 13
  • Article   16.7 Consultations 13
  • Article   16.8 Disputes 13
  • Article   16.9 Definitions 13
  • Chapter   Seventeen Intellectual Property Rights 13
  • Article   17.1 General Provisions 13
  • Article   17.2 Trademarks 14
  • Article   17.3 Domain Names on the Internet 14
  • Article   17.4 Geographical Indications  (5) 14
  • Article   17.5 Copyright  (6) 14
  • Article   17.6 Related Rights  (11) 14
  • Article   17.7 Obligations Common to Copyright and Related Rights  (16) 14
  • Article   17.8 Protection of Encrypted Program-Carrying Satellite Signals 14
  • Article   17.9 Patents 14
  • Article   17.10 Measures Related to Certain Regulated Products 15
  • Article   17.11 Enforcement of Intellectual Property Rights 15
  • Article   17.12 Final Provisions 15
  • Chapter   Eighteen Labor 15
  • Article   18.1 Statement of Shared Commitment 15
  • Article   18.2 Enforcement of Labor Laws 15
  • Article   18.3 Procedural Guarantees and Public Awareness 15
  • Article   18.4 Labor Affairs Council 15
  • Article   18.5 Labor Cooperation Mechanism 15
  • Article   18.6 Cooperative Consultations 15
  • Article   18.7 Labor Roster 15
  • Article   18.8 Definitions 16
  • Annex 18.5  Labor Cooperation Mechanism 16
  • Chapter   Nineteen Environment Objectives 16
  • Article   19.1 Levels of Protection 16
  • Article   19.2 Enforcement of Environmental Laws 16
  • Article   19.3 Environment Affairs Council 16
  • Article   19.4 Opportunities for Public Participation 16
  • Article   19.5 Environmental Cooperation 16
  • Article   19.6 Environmental Consultations 16
  • Article   19.7 Environment Roster 16
  • Article   19.8 Procedural Matters 16
  • Article   19.9 Relationship to Environmental Agreements 16
  • Article   19.10 Principles of Corporate Stewardship 16
  • Article   19.11 Definitions 16
  • Annex 19.3  Environmental Cooperation 16
  • Chapter   Twenty Transparency 17
  • Article   20.1 Contact Points 17
  • Article   20.2 Publication 17
  • Article   20.3 Notification and Provision of Information 17
  • Article   20.4 Administrative Proceedings 17
  • Article   20.5 Review and Appeal 17
  • Article   20.6 Definitions 17
  • Chapter   Twenty-One Administration of the Agreement 17
  • Article   21.1 The Free Trade Commission 17
  • Article   21.2 Administration of Dispute Settlement Proceedings 17
  • Annex 21.1  Implementation Of Modifications Approved By The Commission 17
  • Chapter   Twenty-Two Dispute Settlement 17
  • Article   22.1 Cooperation 17
  • Article   22.2 Scope of Application 17
  • Article   22.3 Choice of Forum 17
  • Article   22.4 Consultations 17
  • Article   22.5 Commission - Good Offices, Conciliation, and Mediation 17
  • Article   22.6 Request for an Arbitral Panel  17
  • Article   22.7 Roster 17
  • Article   22.8 Qualifications of Panelists 17
  • Article   22.9 Panel Selection 17
  • Article   22.10 Rules of Procedure 17
  • Article   22.11 Experts and Technical Advice 17
  • Article   22.12 Initial Report 17
  • Article   22.13 Final Report 17
  • Article   22.14 Implementation of Final Report 17
  • Article   22.15 Non-Implementation - Suspension of Benefits 17
  • Article   22.16 Non-implementation In Certain Disputes 18
  • Article   22.17 Compliance Review 18
  • Article   22.18 Five-Year Review 18
  • Article   22.19 Referral of Matters from Judicial or Administrative Proceedings 18
  • Article   22.20 Private Rights 18
  • Article   22.21 Alternative Dispute Resolution 18
  • Annex 22.2  Nullification or Impairment 18
  • Annex 22.16  Inflation 18
  • Chapter   Twenty-Three Exceptions 18
  • Article   23.1 General Exceptions 18
  • Article   23.2 Essential Security 18
  • Article   23.3 Taxation 18
  • Article   23.4 Balance of Payments Measures on Trade In Goods 18
  • Article   23.5 Disclosure of Information 18
  • Article   23.6 Definitions 18
  • Annex 23.3  Competent Authorities 18
  • Chapter   Chapter Twenty Four Final Provisions 18
  • Article   24.1 Annexes, Appendices, and Footnotes 18
  • Article   24.2 Amendments 18
  • Article   24.3 Amendment of the WTO Agreement 18
  • Article   24.4 Entry Into Force and Termination 18
  • Article   24.5 Authentic Texts 18
  • Annex I  Services/Investment Non-Conforming Measures 18
  • Annex I  Schedule of the United States 18
  • Annex I  Schedule of Chile 19
  • Annex II  Services/Investment Non-Conforming Measures 20
  • Annex II  Schedule of United States 20
  • Annex II  Schedule of Chile 20
  • Side Letter on Television 21
  • AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF CHILE ON ENVIRONMENTAL COOPERATION 21
  • Article I 21
  • Article II 21
  • Article III 21
  • Article IV 21
  • Article V 21
  • Article VI 21
  • Article VII 21
  • Article VIII 21
  • Article IX 21
  • Article X 21
  • Article XI 21