Chile - United States FTA (2003)
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3. This Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A of the SPS Agreement.

Article 7.2. Affirmation of Agreement on Technical Barriers to Trade

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

Article 7.3. International Standards

In determining whether an international standard, guide, or recommendation within the meaning of Articles 2, 5, and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/Rev.7, 28 November 2000, Section IX (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement), issued by the WTO Committee on Technical Barriers to Trade.

Article 7.4. Trade Facilitation

The Parties shall intensify their joint work in the field of standards, technical regulations, and conformity assessment procedures with a view to facilitating access to each other’s markets. In particular, the Parties shall seek to identify bilateral initiatives that are appropriate for particular issues or sectors. Such initiatives may include cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards, alignment with intemational standards, reliance on a supplier's declaration of conformity, and use of accreditation to qualify conformity assessment bodies, as well as cooperation through mutual recognition.

Article 7.5. Technical Regulations

1. Where a Party provides for the acceptance of a foreign technical regulation as equivalent to a particular technical regulation of its own, and the Party does not accept a technical regulation of the other Party as equivalent to that technical regulation, it shall, at the request of the other Party, explain the reasons for not accepting the technical regulation of the other Party as equivalent.

2. Where a Party does not provide for the acceptance of foreign technical regulations as equivalent to its own, that Party may, at the request of the other Party, explain the reasons for not accepting the other Party's technical regulations as equivalent.

Article 7.6. Conformity Assessment

1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment results, including:

(a) the importing Party's reliance on a supplier's declaration of conformity;

(b) voluntary arrangements between conformity assessment bodies from each Party's territory;

(c) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specified regulations conducted by bodies located in the territory of the other Party;

(d) accreditation procedures for qualifying conformity assessment bodies;

(e) government designation of conformity assessment bodies; and

(f) recognition by one Party of the results of conformity assessments performed in the other Party's territory.

The Parties shall intensify their exchange of information on the range of mechanisms to facilitate the acceptance of conformity assessment results.

2. Where a Party does not accept the results of a conformity assessment procedure performed in the territory of the other Party, it shall, on request of the other Party, explain its reasons.

3. Each Party shall accredit, approve, license, or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. If a Party accredits, approves, licenses, or otherwise recognizes a body assessing conformity with a particular technical regulation or standard in its territory and it refuses to accredit, approve, license, or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request, explain the reasons for its refusal.

4. Where a Party declines a request from the other Party to engage in or conclude negotiations to reach agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the territory of the other Party, it shall, on request, explain its reasons.

Article 7.7. Transparency

1. Further to Article 20.2 (Publication), each Party shall allow persons of the other Party to participate in the development of standards, technical regulations, and conformity assessment procedures. Each Party shall permit persons of the other Party to participate in the development of such measures on terms no less favorable than those accorded to its own persons.

2. Each Party shall recommend that non-governmental standardizing bodies in its territory observe paragraph 1.

3. In order to enhance the opportunity for persons to provide meaningful comments, a Party publishing a notice under Article 2.9 or 5.6 of the TBT Agreement shall:

(a) include in the notice a statement describing the objective of the proposal and the rationale for the approach the Party is proposing; and

(b) transmit the proposal electronically to the other Party through the inquiry point established under Article 10 of the TBT Agreement at the same time as it notifies WTO Members of the proposal pursuant to the TBT Agreement.

Each Party should allow at least 60 days from the transmission under subparagraph (b) for persons and the other Party to make comments in writing on the proposal.

4. Where a Party makes a notification under Article 2.10 or 5.7 of the TBT Agreement, it shall at the same time transmit the notification to the other Party, electronically, through the inquiry point referenced in paragraph 3(b).

5. Each Party shall publish, in print or electronically, or otherwise make available to the public, its responses to significant comments at the same time as the publication of the final technical regulation or conformity assessment procedure.

6. Each Party shall, on request of the other Party, provide information regarding the objective of, and rationale for, a standard, technical regulation, or conformity assessment procedure that the Party has adopted or is proposing to adopt.

7. Each Party shall implement this Article as soon as is practicable and in no event later than five years from the date of entry into force of this Agreement.

Article 7.8. Committee on Technical Barriers to Trade

1. The Parties hereby establish the Committee on Technical Barriers to Trade, comprising representatives of each Party, pursuant to Annex 7.8.

2. The Committee's functions shall include:

(a) monitoring the implementation and administration of this Chapter;

(b) promptly addressing any issue that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations, or conformity assessment procedures;

(c) enhancing cooperation in the development and improvement of standards, technical regulations, and conformity assessment procedures;

(d) where appropriate, facilitating sectoral cooperation among governmental and non- governmental conformity assessment bodies in the Parties' territories;

(e) exchanging information on developments in non-governmental, regional, and multilateral fora engaged in activities related to standardization, technical regulations, and conformity assessment procedures;

(f) taking any other steps the Parties consider will assist them in implementing the TBT Agreement and in facilitating trade in goods between them;

(g) at a Party's request, consulting on any matter arising under this Chapter;

(h) reviewing this Chapter in light of any developments under the TBT Agreement, and developing recommendations for amendments to this Chapter in light of those developments; and

(i) as it considers appropriate, reporting to the Commission on the implementation of this Chapter.

3. Where the Parties have had recourse to consultations under paragraph 2(g) such consultations shall, on the agreement of the Parties, constitute consultations under Article 22.4 (Consultations). 4. A Party shall, on request, give favorable consideration to any sector-specific proposal the other Party makes for further cooperation under this Chapter.

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

Article 7.9. Information Exchange

Any information or explanation that is provided on request of a Party pursuant to the provisions of this Chapter shall be provided in print or electronically within a reasonable period of time.

Article 7.10. Definitions

For purposes of this Chapter, technical regulation, standard, conformity assessment procedures, and central government body shall have the meanings assigned to those terms in Annex 1 of the TBT Agreement.

Chapter Eight. Trade Remedies

Section A. Safeguards

Article 8.1. Imposition of a Safeguard Measure

1. A Party may impose a safeguard measure described in paragraph 2, during the transition period only, if as a result of the reduction or elimination of a duty pursuant to this Agreement, (1) a good originating in the territory of the other Party is being imported into the Party's territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good.

2. If the conditions in paragraph 1 are met, a Party may to the extent as may be necessary to prevent or remedy serious injury, or threat thereof, and facilitate adjustment:

(a) suspend the further reduction of any rate of duty provided for under this Agreement on the good; or

(b) increase the rate of duty on the good to a level not to exceed the lesser of

(i) the most-favored-nation (MFN) applied rate of duty in effect at the time the action is taken, or

(ii) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. (2)

(1) The Parties note that many of Chile’s products received duty-free treatment under the U.S. Generalized System of Preferences prior to the entry into force of this Agreement.
(2) The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of safeguard measure.

Article 8.2. Standards for a Safeguard Measure

1. A Party may apply a safeguard measure, including any extension thereof, for no longer than three years. Regardless of its duration, such measure shall terminate at the end of the transition period.

2. In order to facilitate adjustment in a situation where the expected duration of a safeguard measure is over one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application.

3. Neither Party may impose a safeguard measure more than once on the same good.

4. Neither Party may impose a safeguard measure on a good that is subject to a measure that the Party has imposed pursuant to Article XIX of GATT 1994 and the Safeguards Agreement, and neither Party may continue maintaining a safeguard measure on a good that becomes subject to a measure that the Party imposes pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.

5. On the termination of a safeguard measure, the rate of duty shall be no higher than the rate that, according to the Party's Schedule to Annex 3.3 (Tariff Elimination), would have been in effect one year after the imposition of the measure. Beginning on January 1 of the year following the termination of the action, the Party that has applied the measure shall:

(a) apply the rate of duty set out in the Party's Schedule to Annex 3.3 (Tariff Elimination) as if the safeguard measure had never been applied; or

(b) eliminate the tariff in equal annual stages ending on the date set out in the Party's Schedule to Annex 3.3 (Tariff Elimination) for the elimination of the tariff.

Article 8.3. Investigation Procedures and Transparency Requirements

1. A Party shall impose a safeguard measure only following an investigation by the Party’s competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement; and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.

2. In the investigation described in paragraph 1, a Party shall comply with the requirements of Article 4.2(a) of the Safeguards Agreement; and to this end, Article 4.2(a) of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.

Article 8.4. Notification 

1. A Party shall promptly notify the other Party, in writing, on:

(a) initiating an investigation under Article 8.3;

(b) making a finding of serious injury or threat thereof caused by increased imports under Article 8.1;

(c) taking a decision to impose or extend a safeguard measure; and

(d) taking a decision to modify a safeguard measure previously undertaken.

2. A Party shall provide to the other Party a copy of the public version of the report of its competent authorities required under Article 8.3(1).

Article 8.5. Compensation

1. The Party taking a safeguard measure shall, in consultation with the other Party, provide to the other Party mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the measure. Such consultations shall begin within 30 days of the imposition of the measure.

2. If the Parties are unable to reach agreement on compensation within 30 days after the consultations commence, the exporting Party shall be free to suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure.

3. A Party shall notify the other Party in writing at least 30 days before suspending concessions under paragraph 2.

4. The obligation to provide compensation under paragraph 1 and the right to suspend substantially equivalent concessions under paragraph 2 shall terminate on the later of:

(a) the termination of the safeguard measure; or

(b) the date on which the rate of duty returns to the rate of duty set out in the Party's Schedule to Annex 3.3 (Tariff Elimination).

Article 8.6. Global Actions

1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement.

2. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.

Article 8.7. Definitions

For purposes of this Section:

domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good or those producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of such good;

safeguard measure means a safeguard measure described in Article 8.1(2); serious injury means a significant overall impairment in the position of a domestic industry; substantial cause means a cause which is important and not less than any other cause;

threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent; and

transition period means the 10-year period beginning on the date of entry into force of this Agreement, except that transition period shall mean the 12-year period beginning on the date of entry into force of this Agreement in any case in which a safeguard measure is applied against an agricultural good and the Schedule to Annex 3.3 (Tariff Elimination) of the Party applying the measure provides for the Party to eliminate its tariffs on the good over 12 years.

Section B. Antidumping and Countervailing Duties

Article 8.8. Antidumping and Countervailing Duties

1. Each Party retains its rights and obligations under the WTO Agreement with regard to the application of antidumping and countervailing duties.

2. No provisions of this Agreement, including the provisions of Chapter Twenty-Two (Dispute Settlement), shall be construed as imposing any rights or obligations on the Parties with respect to antidumping or countervailing duty measures.

Chapter Nine. Nine Government Procurement

Objectives

The objectives of this Chapter are to recognize the importance of conducting government procurement in accordance with the fundamental principles of openness, transparency, and due process; and to strive to provide comprehensive coverage of procurement markets by eliminating market access barriers to the supply of goods and services, including construction services.

Article 9.1. Scope and Coverage

1. This Chapter applies to any measure adopted or maintained by a Party relating to procurement by an entity listed in Annex 9.1:

(a) by any contractual means, including purchase and rental or lease, with or without an option to buy, build-operate-transfer contracts, and public works concession contracts; and

(b) subject to the conditions specified in Annex 9.1. 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, equity infusions, fiscal incentives, subsidies, guarantees, cooperative agreements, government provision of goods and services to persons or to a regional or local level of goverment, and purchases for the direct purpose of providing foreign assistance;

(b) purchases funded by intemational 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 related employment measures; and

(d) acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt.

3. Each Party shall ensure that its procuring entities listed in Annex 9.1 comply with this Chapter in conducting procurement covered by this Chapter.

4. Where an entity awards a contract that is not covered by this Chapter, nothing in this Chapter shall be construed to cover any good or service component of that contract.

5. No entity may prepare, design, or otherwise structure or divide, in any stage of the procurement, any procurement in order to avoid the obligations of this Chapter.

6. Nothing in this Chapter shall prevent either Party from developing new procurement policies, procedures, or contractual means, provided they are not inconsistent with this Chapter.

Article 9.2. General Principles

National Treatment and Non-Discrimination

1. With respect to any measure governing procurement covered by this Chapter, each Party shall accord to the goods and services of the other Party, and to the suppliers of the other Party of such goods and services, treatment no less favorable than the most favorable treatment the Party accords to its own goods, services, and suppliers.

2. With respect to any measure governing procurement covered by this Chapter, neither Party may:

(a) treat a locally established supplier less favorably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or

(b) 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.

Determination of Origin

3. For purposes of paragraphs 1 and 2, determination of the origin of goods shall be made on a non- preferential basis.

Offsets

4. An entity shall not consider, seek, or impose offsets at any stage of a procurement.

Measures Not Specific to Procurement

5. Paragraphs 1 and 2 do not apply to measures respecting customs duties or other charges of any kind imposed on or in connection with importation, the method of levying such duties and charges or other import regulations, including restrictions and formalities, or measures affecting trade in services other than measures specifically governing procurement covered by this Chapter.

Article 9.3. Publication of Procurement Measures

Each Party shall promptly publish:

(a) its measures of general application specifically governing procurement covered by this Chapter; and

(b) any changes in such measures in the same manner as the original publication.

Article 9.4. Publication of Notice of Intended Procurement

1. For each procurement covered by this Chapter, an entity shall publish in advance a notice inviting interested suppliers to submit tenders for that procurement ("notice of intended procurement"), except as provided in Article 9.9(2). Each such notice shall be accessible during the entire period established for tendering for the relevant procurement.

2. Each notice of intended procurement shall include a description of the intended procurement, any conditions that suppliers must fulfill to participate in the procurement, the name of the entity issuing the notice, the address where suppliers may obtain all documents relating to the procurement, the time limits for submission of tenders, and the dates for delivery of the goods or services to be procured.

Article 9.5. Time Limits for the Tendering Process

1. An entity shall prescribe time limits for the tendering process that allow sufficient time for suppliers to prepare and submit responsive tenders, taking into account the nature and complexity of the procurement. An entity shall provide no less than 30 days between the date on which it publishes the notice of intended procurement and the deadline for submitting tenders.

2. Notwithstanding paragraph 1, where there are no qualification requirements for suppliers, entities may establish a time limit of less than 30 days, but in no case less than 10 days, in the following circumstances:

(a) where the entity has published a notice containing the information specified in Article 9.4(2) at least 30 days and not more than 12 months in advance;

(b) in the case of the second or subsequent publications of notices for procurement of a recurring nature;

(c) where an entity procures commercial goods or services that are sold or offered for sale to, and customarily purchased and used by, non-govemmental buyers for non- governmental purposes; or

(d) where an unforeseen state of urgency duly substantiated by the entity renders impracticable the time limits specified in paragraph 1.

Article 9.6. Information on Intended Procurements

1. An entity shall provide interested suppliers tender documentation that includes all the information necessary to permit suppliers to prepare and submit responsive tenders. The documentation shall include all criteria that the entity will consider in awarding the contract, including all cost factors, and the weights or, where appropriate, the relative values, that the entity will assign to these criteria in evaluating tenders.

2. Where an entity does not publish all the tender documentation by electronic means, the entity shall, on request of any supplier, promptly make the documentation available in written form to the supplier. 3. Where an entity, during the course of a procurement, modifies the criteria referred to in paragraph 1, it shall transmit all such modifications in writing:

(a) to all suppliers that are participating in the procurement at the time the criteria are modified, if the identities of such suppliers are known, and in all other cases, in the same manner as the original information was transmitted; and

(b) in adequate time to allow such suppliers to modify and re-submit their tenders, as appropriate.

Article 9.7. Technical Specifications

1. An entity shall not prepare, adopt, or apply any technical specification with the purpose or the effect of creating unnecessary obstacles to trade between the Parties.

2. Any technical specification prescribed by an entity shall be, where appropriate:

(a) specified in terms of performance requirements rather than design or descriptive characteristics; and

  • 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