Chile - United States FTA (2003)
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4. A Party shall not subject an importer to penalties where the importer that made an incorrect declaration voluntarily makes a corrected declaration.

5. Where a Party determines through verification that an importer has certified more than once, falsely or without substantiation, that a good qualifies as originating, the Party may suspend preferential tariff treatment to identical goods imported by that person until the importer proves that it has complied with the Party's laws and regulations goveming claims of origin under this Agreement.

6. Each Party that carries out a verification of origin in which Generally Accepted Accounting Principles are pertinent shall apply those principles in the manner that they are applied in the territory of the Party from which the good was exported.

Article 4.17. Common Guidelines

By the date of entry into force of this Agreement, the Parties shall agree on and publish common guidelines for the interpretation, application, and administration of this Chapter and the relevant provisions of Chapter Three (National Treatment and Market Access for Goods). As appropriate, the Parties may subsequently agree to modify the common guidelines.

Section C. Definitions

Article 4.18. Definitions

For purposes of this Chapter:

adjusted value means the value determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation Agreement, adjusted, if necessary, to exclude any costs, charges, or expenses incurred for transportation, insurance, and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation;

exporter means a person who exports goods from the territory of a Party;

fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

Generally Accepted Accounting Principles means the principles, rules, and procedures, including both broad and specific guidelines, that define the accounting practices accepted in the territory of a Party;

good means any merchandise, product, article, or material;

goods wholly obtained or produced entirely in the territory of one or both of the Parties means:

(a) mineral goods extracted in the territory of one or both of the Parties;

(b) vegetable goods, as such goods are defined in the Harmonized System, harvested in the territory of one or both of the Parties;

(c) live animals bom and raised in the territory of one or both of the Parties;

(d) goods obtained from hunting, trapping, or fishing in the territory of one or both of the Parties;

(e) goods (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with a Party and flying its flag;

(f) goods produced on board factory ships from the goods referred to in subparagraph (e) provided such factory ships are registered or recorded with that Party and fly its flag;

(g) goods taken by a Party or a person of a Party from the seabed or beneath the seabed outside territorial waters, provided that a Party has rights to exploit such seabed;

(h) goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in the territory of a non-Party;

(i) waste and scrap derived from (i) production in the territory of one or both of the Parties, or

(ii) used goods collected in the territory of one or both of the Parties, provided such goods are fit only for the recovery of raw materials;

(j) recovered goods derived in the territory a Party from used goods, and utilized in the Party's territory in the production of remanufactured goods; and

(k) goods produced in the territory of one or both of the Parties exclusively from goods referred to in subparagraphs (a) through (i), or from their derivatives, at any stage of production;

importer means a person who imports goods into the territory of a Party; indirect material means a good used in the production, testing, or inspection of a good but not

physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

(a) fuel and energy;

(b) tools, dies, and molds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;

(f) equipment, devices, and supplies used for testing or inspecting the goods;

(g) catalysts and solvents; and

(h) any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of thatproduction;

issued means prepared by and, where required under a Party's domestic law or regulation, signed by the importer, exporter, or producer of the good;

location of the producer means site of production of a good;

material means a good that is used in the production of another good, including a part, ingredient, or indirect material;

non-originating good or non-originating material means a good or material that does not qualify as originating under this Chapter;

packing materials and containers for shipment means the goods used to protect a good during its transportation, and does not include the packaging materials and containers in which a good is packaged for retail sale;

producer means a person who engages in the production of a good in the territory of a Party;

production means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good;

recovered goods means materials in the form of individual parts that are the result of:

(1) the complete disassembly of used goods into individual parts; and

(2) the cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition one or more of the following processes: welding, flame spraying, surface machining, knurling, plating, sleeving, and rewinding in order for such parts to be assembled with other parts, including other recovered parts in the production of a remanufactured good of Annex 4.18;

remanufactured goods means industrial goods assembled in the territory of a Party, listed in Annex 4.18, that:

(1) are entirely or partially comprised of recovered goods; and

(2) have the same life expectancy and meet the same performance standards as new goods; and

(3) enjoy the same factory warranty as such new goods;

self-produced material means an originating material that is produced by a producer of a good and used in the production of that good; and

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

Chapter Five. Customs Administration

Article 5.1. Publication

1. Each Party shall publish its customs laws, regulations, and administrative procedures on the Internet or a comparable computer-based telecommunications network.

2. Each Party shall designate one or more inquiry points to address inquiries from interested persons conceming customs matters, and shall make available on the Internet information conceming procedures for making such inquiries.

3. To the extent possible, each Party shall publish in advance any regulations of general application governing customs matters that it proposes to adopt and provide interested persons the opportunity to comment on such proposed regulations prior to their adoption.

Article 5.2. Release of Goods

Each Party shall:

(a) adopt or maintain procedures providing for the release of goods within a period of time no greater than that required to ensure compliance with its customs laws and, to the extent possible, within 48 hours of arrival;

(b) adopt or maintain procedures allowing, to the extent possible, goods to be released at the point of arrival, without temporary transfer to warehouses or other locations;

(c) adopt or maintain procedures allowing the release of goods prior to, and without prejudice to, the final determination by its customs authority of the applicable customs duties, taxes and fees (1); and

(d) otherwise endeavor to adopt or maintain simplified procedures for the release of goods.

(1) A Party may require an importer to provide sufficient guarantee in the form of a surety, a deposit, or some other appropriate instrument, covering the ultimate payment of the customs duties for which the goods may be liable.

Article 5.3. Automation Each Party's Customs Authority Shall:

(a) endeavor to use information technology that expedites procedures; and

(b) in deciding on the information technology to be used for this purpose, take into account international standards.

Article 5.4. Risk Assessment

Each Party shall endeavor to adopt or maintain risk management systems that enable its customs authority to concentrate inspection activities on high risk goods and that simplify the clearance and movement of low risk goods.

Article 5.5. Cooperation

1. Each Party shall endeavor to provide the other Party with advance notice of any significant modification of administrative policy regarding the implementation of its customs laws that is likely to substantially affect the operation of this Agreement.

2. The Parties shall cooperate in achieving compliance with their laws and regulations pertaining to:

(a) the implementation and operation of the provisions of this Agreement relating to the importation of goods, including Chapter Three (National Treatment and Market Access for Goods), Chapter Four (Rules of Origin and Origin Procedures), and this Chapter;

(b) the implementation and operation of the Customs Valuation Agreement; (c) restrictions or prohibitions on imports or exports; or (d) such other customs matters as the Parties may agree.

3. Where a Party has a reasonable suspicion of unlawful activity related to its laws or regulations governing importations, the Party may request that the other Party provide specific confidential information normally collected by the other Party in association with the importation of goods pertaining to trade transactions relevant to that activity. The Party shall make its request in writing, shall identify the requested information with sufficient specificity for the other Party to locate it, and shall specify the purposes for which the information is sought.

4. The other Party shall respond by providing any information that it has collected that is material to the request.

5. For purposes of paragraph 3, a reasonable suspicion of unlawful activity means a suspicion based on relevant factual information obtained from public or private sources, including:

(a) historical evidence that a specific importer, exporter, producer, or other enterprise involved in the movement of goods from the territory of one Party to the territory of the other Party has not complied with a Party's laws or regulations governing importations;

(b) historical evidence that some or all of the enterprises involved in the movement from the territory of one Party to the territory of the other Party of goods within a specific product sector have not complied with a Party's laws or regulations governing importations; or

(c) other information that the Parties agree is sufficient in the context of a particular request.

6. Each Party shall endeavor to provide the other Party with any other information that would assist in determining whether imports from or exports to the other Party are in compliance with the other Party's laws or regulations governing importations, in particular those related to the prevention of unlawful activities.

7. Each Party shall endeavor to provide the other with technical advice and assistance for the purpose of improving risk assessment techniques, simplifying and expediting customs procedures, advancing technical skills, and enhancing the use of technologies that can lead to improved compliance with laws and regulations governing importations.

8. Building on the procedures established in this Article, the Parties shall use best efforts to explore additional avenues of cooperation to enhance each Party's ability to enforce its laws and regulations governing importations, including by:

(a) concluding a mutual assistance agreement between their respective customs authorities within six months after the date of entry into force of this Agreement; and

(b) considering whether to establish additional channels of communication to facilitate the secure and rapid exchange of information and to improve coordination on customs issues.

Article 5.6. Confidentiality

1. Where a Party providing information to the other Party in accordance with this Chapter designates the information as confidential, the other Party shall maintain the confidentiality of the information. The Party providing the information may, in accordance with its domestic law, require written assurances from the other Party that the information will be held in confidence, will be used only for the purposes specified in the other Party's request for information, and will not be disclosed without the Party's specific permission.

2. A Party may decline to provide information requested by the other Party where the other Party has failed to act in conformity with assurances provided under paragraph 1.

3. Each Party shall adopt or maintain procedures in which confidential information, including information the disclosure of which could prejudice the competitive position of the person providing the information, submitted in connection with the Party's administration of its customs laws shall be protected from unauthorized disclosure.

Article 5.7. Express Shipments

Each Party shall adopt or maintain separate, expedited customs procedures for express shipments, while maintaining appropriate customs control and selection, including procedures:

(a) in which the information necessary for the release of an express shipment may be submitted, and processed by the Party's customs authority, prior to the arrival of the shipment;

(b) allowing a shipper to submit a single manifest covering all goods contained in a shipment transported by the express shipment service, through, if possible, electronic means;

(c) that, to the extent possible, minimize the documentation required for the release of express shipments; and

(d) that, under normal circumstances, allow for an express shipment that has arrived at a point of entry to be released no later than six hours after the submission of the information necessary for release.

Article 5.8. Review and Appeal

Each Party shall ensure that with respect to its determinations on customs matters, importers in its territory have access to:

(a) administrative review independent of the official or office that issued the determination; and

(b) judicial review of the determination or decision taken at the final level of administrative review.

Article 5.9. Penalties

Each Party shall adopt or maintain measures that provide for the imposition of civil, administrative, and, where appropriate, criminal sanctions for violations of its customs laws and regulations, including those governing tariff classification, customs valuation, rules of origin, and the entitlement to preferential tariff treatment under this Agreement.

Article 5.10. Advance Rulings

1. Each Party, through its customs authority, shall issue written advance rulings prior to the importation of a good into its territory at the written request of an importer in its territory, or an exporter or producer in the territory of the other Party, on the basis of the facts and circumstances provided by the requester, conceming:

(a) tariff classification;

(b) the application of customs valuation criteria for a particular case, in accordance with the application of the provisions set forth in the Customs Valuation Agreement;

(c) duty drawback;

(d) whether a good qualifies as an originating good under Chapter Four (Rules of Origin and Origin Procedures); and

(e) whether a good qualifies for duty-free treatment in accordance with Article 3.9 (Goods Re-entered after Repair or Alteration).

2. Each Party shall provide that its customs authority shall issue advance rulings within 150 days of a request, provided that the requester has submitted all necessary information.

3. Each Party shall provide that advance rulings shall be in force from their date of issuance, or such other date specified by the ruling, for at least three years, provided that the facts or circumstances on which the ruling is based remain unchanged.

4. The issuing Party may modify or revoke an advance ruling where facts or circumstances warrant, such as where the information on which the ruling is based is false or inaccurate.

5. Where an importer claims that the treatment accorded to an imported good should be govemed by an advance ruling, the customs authority may evaluate whether the facts and circumstances of the importation are consistent with the facts and circumstances upon which the advance ruling was based.

6. Each Party shall make its advance rulings publicly available, subject to confidentiality requirements in its domestic law, for purposes of promoting the consistent application of advance rulings to other goods.

7. If a requester provides false information or omits relevant circumstances or facts in its request for an advance ruling, or does not act in accordance with the ruling’s terms and conditions, the importing Party may apply appropriate measures, including civil, criminal, and administrative actions, penalties, or other sanctions.

Article 5.11. Implementation

1. With respect to the obligations of Chile, Articles 5.1(1) and (2), 5.7(b), and 5.10(1)(b) shall enter into force three years after the date of entry into force of this Agreement.

2. Within 120 days after the date of entry into force of this Agreement, the Parties shall consult on the procedures that Chile needs to adopt to implement Article 5.10(1)(b) and on related technical assistance to be provided by the United States, and shall establish a work program outlining the steps needed for Chile to implement Article 5.10(1)(b).

3. Not later than 18 months after the date of entry into force of this Agreement, the Parties shall consult to discuss the progress made by Chile in implementing Article 5.10(1)(b) and to consider whether to engage in further cooperative efforts.

Chapter Six. Sanitary and Phytosanitary Measures

Objectives

The objectives of this Chapter are to protect human, animal, and plant health conditions in the Parties' territories, enhance the Parties' implementation of the SPS Agreement, provide a forum for addressing bilateral sanitary and phytosanitary matters, resolve trade issues, and thereby expand trade opportunities.

Article 6.1. Scope and Coverage

This Chapter applies to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.

Article 6.2. General Provisions

1. Further to Article 1.3 (Relation to Other Agreements), the Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement.

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

Article 6.3. Committee on Sanitary and Phytosanitary Matters

1. The Parties hereby agree to establish a Committee on Sanitary and Phytosanitary Matters comprising representatives of each Party who have responsibility for sanitary and phytosanitary matters.

2. The Parties shall establish the Committee not later than 30 days after the date of entry into force of this Agreement through an exchange of letters identifying the primary representative of each Party to the Committee and establishing the Committee's terms of reference.

3. The objectives of the Committee shall be to enhance the implementation by each Party of the SPS Agreement, protect human, animal, and plant life and health, enhance consultation and cooperation on sanitary and phytosanitary matters, and facilitate trade between the Parties.

4. The Committee shall seek to enhance any present or future relationships between the Parties' agencies with responsibility for sanitary and phytosanitary matters.

5. The Committee shall provide a forum for:

(a) enhancing mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;

(b) consulting on matters related to the development or application of sanitary and phytosanitary measures that affect, or may affect, trade between the Parties;

(c) consulting on issues, positions, and agendas for meetings of the WFO SPS Commitiee, the various Codex committees (including the Codex Alimentarius Commission), the Intemational Plant Protection Convention, the International Office of Epizootics, and other international and regional fora on food safety and human, animal, and plant health;

(d) coordinating technical cooperation programs on sanitary and phytosanitary matters;

(e) improving bilateral understanding related to specific implementation issues conceming the SPS Agreement; and

(f) reviewing progress on addressing sanitary and phytosanitary matters that may arise between the Parties' agencies with responsibility for such matters.

6. The Committee shall meet at least once a year unless the Parties otherwise agree.

7. The Committee shall perform its work in accordance with the terms of reference referenced in paragraph 2. The Committee may revise the terms of reference and may develop procedures to guide its operation.

8. Each Party shall ensure that appropriate representatives with responsibility for the development, implementation, and enforcement of sanitary and phytosanitary measures from its relevant trade and regulatory agencies or ministries participate in meetings of the Committee. The official agencies and ministries of each Party responsible for such measures shall be set out in the Committee’s terms of reference.

9. The Committee may agree to establish ad hoc working groups in accordance with the Committee's terms of reference.

Article 6.4. Definitions

For purposes of this Chapter, Sanitary or Phytosanitary Measure means any measure referred to in Annex A, Paragraph 1, of the SPS Agreement.

Chapter Seven. Technical Barriers to Trade

Objectives

The objectives of this Chapter are to increase and facilitate trade through the improvement of the implementation of the TBT Agreement, the elimination of unnecessary technical barriers to trade, and the enhancement of bilateral cooperation.

Article 7.1. Scope and Coverage

1. Except as provided in paragraphs 2 and 3 of this Article, this Chapter applies to all standards, technical regulations, and conformity assessment procedures that may, directly or indirectly, affect trade in goods between the Parties. Notwithstanding Article 1.4 (Extent of Obligations), this Chapter applies only to central government bodies.

2. Technical specifications prepared by governmental bodies for production or consumption requirements of such bodies are not subject to the provisions of this Chapter, but are addressed in Chapter Nine (Govemment Procurement), according to its coverage.

  • 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