(c) unilateral recognition by one Party of the results of conformity assessments performed in the territory of the other Party, where applicable;
(d) accreditation procedures for qualifying conformity assessment bodies and promotion of the recognition of accreditation and certification bodies under regional and international mutual recognition arrangements which the Parties are members to;
(e) designating conformity assessment bodies by the government ofa Party which is located in the territory of the other Party to perform conformity assessment procedures; and
(f) reliance on a supplier's declaration of conformity, where appropriate.
2. Each Party shall exchange information with the other Party on its experience in the development and application of the mechanisms in paragraph 1 and other appropriate mechanisms with a view to facilitating acceptance of the results of conformity assessment procedures.
3. Before accepting the results of a conformity assessment procedure, and to enhance confidence in the continued reliability of each other's conformity assessment results, the Parties may consult with each other on matters such as the technical competence of the conformity assessment bodies involved.
4. A Party shall, on request of the other Party, explain its reason for not accepting the results of any conformity assessment procedures performed in the territory of the other Party.
5. In accordance with its laws and regulations, each Party shall accredit, approve or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity
6. if a Party accredits, approves or otherwise recognises a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve, license, or otherwise recognise a body assessing conformity with that technical regulation or standard in the territory of the other explain the reasons for its decision.
7. Each Party shall give positive consideration to a request by the other Party to negotiate and conclude arrangements to facilitate recognition of the results of conformity assessment procedures conducted by bodies located in the territory of the other Party. If a Party declines such a request, it shall, on request of that other Party, explain the reasons for its decision.
Article 7.9. Transparency
1. Each Party shall ensure that the information relating to technical procedures is published. Such information should be made available in print or electronically.
2. The Parties acknowledge the importance of transparency in decision-making, including giving a meaningful opportunity to provide comments on proposed technical regulations and conformity assessment procedures. If a Party publishes a notice under Article 2.9 or 5.6 of the TBT Agreement, it shall:
(a) include in the notice a statement describing the objective of the proposed technical regulation or conformity assessment procedure and the rationale for the approach the Party is proposing; and
(b) transmit the proposal electronically to the other Party through the enquiry point the Party has 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.
Article 7.10. Consultations
1. Each Party shall give prompt and positive consideration to any request from the other Party for consultations on any matter arising under this Chapter.
2. On request of a Party for consultations on any matter arising under this Chapter, the Parties shall agree to enter into consultations by notifying the contact points established in Article 7.14.
3. Consultations shall be carried out by the Parties, under the Sub- Committee on Technical Barriers to Trade as referred to in Article 7.13, within 30 days of the receipt of a request, unless agreed otherwise. Such consultations may be conducted via teleconference, video conference, or any other means mutually agreed upon by the Parties.
4. If such consultations failed to resolve the matter between the Parties, then the interested Party could initiate the dispute settlement procedure contained in Chapter 12 (Dispute Settlement). For greater certainty, consultations under this Article should not replace those provided in Article 12.5 (Consultations).
Article 7.11. Technical Cooperation
With a view to fulfil the objectives of this Chapter, the Parties shall, on request of the other Party, cooperate in mutually determined terms and conditions. This may include but is not limited to:
(a) exchanging legislation, regulations, rules and other information and periodicals published by the national bodies responsible for standards, technical regulations, conformity assessment procedures and accreditation;
(b) providing technical advice, information, and assistance and exchanging experience to enhance the other Party's system for standards, technical regulations and conformity assessment procedures, and related activities;
(c) examining the compatibility or equivalence of their respective technical regulations, standards and conformity assessment procedures;
(d) cooperation between conformity assessment bodies, both governmental and non-governmental, in the territories of each of the Parties, enhancing infrastructure in calibration, testing, inspection, certification and accreditation to meet relevant international standards, recommendations and guidelines;
(e) increasing bilateral cooperation in the relevant international organisations and fora dealing with the issues covered by this Chapter; and
(f) enhancing cooperation in the development standards and conformity assessment procedures, such as:
(i) cooperation in the development and promotion of good regulatory practice; and
(ii) transparency, including mechanisms to promote improved access to information on standards, technical regulations and conformity assessment procedures;
(g) giving favourable consideration, on request of the other Party, to any sector specific proposal for further cooperation; and
(h) informing the other Party, as requested, about the agreements or programs subscribed at international level in relation to TBT issues,
Article 7.12. Implementing Arrangements
1. The Parties, in order to enhance regulatory cooperation and in accordance with Chapter 11 (Administration), may conclude or amend implementing arrangements to this Chapter setting out agreed principles and procedures relating to technical regulations and conformity assessment procedures applicable to trade between them.
2. The Parties shall seek to incorporate any existing arrangements concerning technical regulations and conformity assessment procedures that are sector-specific and specifically applicable to trade between the Parties into the implementing arrangements.
Article 7.13. Sub-Committee on Technical Barriers to Trade
1. The Parties hereby establish a Sub-Committee on Technical Barriers to Trade (Sub-Committee on TBT), which shall comprise the representatives of the Parties as referred to in Article 7.14 (Contact Points), listed in Annex 7-A, to promote and monitor the implementation and administration of this Chapter.
2. The Sub-Committee on TBT 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 sectorial cooperation among governmental and non-governmental conformity assessment bodies in the territory of the Parties;
(e) exchanging information on developments in non-governmental, regional, and multilateral fora engaged in activities related to standardisation, technical regulations, and conformity assessment procedures;
(f) taking any other steps the Parties consider may assist them in implementing the TBT Agreement and in facilitating trade in goods between them;
(g) 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
(h) as it considers appropriate, reporting to the Committee on Trade in Goods on the implementation of this Chapter.
3. Unless agreed otherwise by the Parties, the Sub-Committee on TBT shall meet annually in person, via teleconference, video conference, or through any other means as mutually determined by the Parties.
4. The terms of reference of the Sub-Committee shall be determined in its first meeting.
5. The Sub-Committee on TBT shall comprise the contact points, referred to in Article 7.14 and any other Government officials that the Parties consider appropriate.
Article 7.14. Contact Points
1. The Parties shall designate a contact point or contact points, which shall comprise relevant officials, who shall have responsibility for .co-ordinating the implementation of this Chapter.
2. The Parties shall provide each other with the name of the designated contact point or contact points and the contact details of the relevant officials.
3. The Parties shall notify each other promptly of any changes of their contact points or to the details of the relevant officials.
4. The Parties shall ensure that its contact point or contact points facilitate the exchange of information on standards, technical regulations and conformity assessment procedures, in response to all reasonable requests for such information from a Party.
Chapter 8. TRADE REMEDIES
Article 8.1. Global Safeguard Measures
1. The Parties maintain their rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement.
2. Actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement shall not be subject to Chapter 12 (Dispute Settlement).
3. On request of a Party, the other Party shall promptly notify the requesting Party of the initiation of any global safeguard investigation and the reasons for such initiation. Such notification shall be made no later than seven days after such request.
Article 8.2. Antidumping and Countervailing Duty Matters
1. The Parties maintain their rights and obligations under the Agreement on Implementation of Article VI of the GATT 1994 and the Agreement on Subsidies and Countervailing Measures, which are parts of the WTO Agreement.
2. Antidumping actions taken pursuant to Article VI of GATT 1994 and the Agreement on Implementation of Article VI of the GATT 1994 or countervailing actions taken pursuant to Article VI of GATT 1994 and the Agreement on Subsidies and Countervailing Measures shall not be subject to Chapter 12 (Dispute Settlement).
Chapter 9. COOPERATION
Article 9.1. Basic Principles
1. The Parties shall, in accordance with their respective laws and regulations, promote cooperation under this Agreement for their mutual benefit in order to facilitate trade and investment between them and to promote the well-being of the people of both countries.
2. For this purpose, the Parties shall, where necessary and appropriate, encourage and facilitate cooperation between entities such as business communities, including micro, small and medium enterprises and academia.
Article 9.2. General Objectives
1. The Parties agree to establish a framework for collaborative activities as a means to expand and enhance the benefits of this Agreement for building a comprehensive economic partnership.
2. The Parties shall establish close cooperation aimed, inter alia, at:
(a) strengthening and building on existing and new form of cooperative relationships between the Parties, with special emphasis on promoting economic and social development, fostering innovation and encouraging research and development;
(b) creating new opportunities for trade and investment;
(c) supporting the role of the private sector in promoting and building strategic alliances to encourage mutual economic growth and development;
(d) encouraging the presence of the Parties and their goods and services in their respective markets of Asia Pacific and Latin America; and
(e) increasing the level of and deepening cooperation activities between the Parties in areas of mutual interest.
Article 9.3. Scope
1. The Parties reaffirm the importance of all forms of cooperation, including, but not limited to, the fields enlisted in Article 9.4.
2. Cooperation between the Parties should contribute to achieving the objectives of the Agreement through the identification and development of innovative cooperation programs capable of providing added value to the bilateral relationship.
3. Cooperative activities shall be agreed between the Parties and may be materialised though not limited by the forms enlisted in Article 9.10.
4. Cooperative activities between the Parties set out in other Chapters of this Agreement may complement cooperation between the Parties under this Chapter.
Article 9.4. Fields of Cooperation
Fields of cooperation under this Chapter shall include:
(a) trade and investment promotion and facilitation;
(b) science, innovation, research and development;
(c) agriculture, fisheries, marine products and aquaculture, food industry and forestry;
(d) mining and mining related industry;
(e) energy;
(f) small and medium-sized enterprises;
(g) tourism;
(h) education and human capital development;
(i) trade-related gender issues;
(j) logistics and international transportation;
(k) competition policy;
(l) information and communication technology;
(m) global value chains;
(n) trade-related environmental issues;
(o) trade-related labour issues;
(p) government procurement,
(q) intellectual property;
(r) trade-related strategic industries;
(s) sanitary and phytosanitary measures,
(t) technical barriers to trade measures,
(u) development of sustainable products; and
(v) other fields which may be mutually agreed upon by the Parties.
Article 9.5. Cooperation on Environmental Issues
1. Recognising the importance of strengthening capacity to promote sustainable development with their three interdependent and mutually reinforcing components, which are economic growth, social development and environmental protection, the Parties agree to cooperate in the field of environment.
2. The Parties reaffirm their intention to continue to pursue high levels of environmental protection and to fulfil their respective multilateral environment commitments. Accordingly, a Party shall effectively enforce its environmental laws and not weaken or reduce levels of environmental protection with the sole intention to encourage investment or to seek or to enhance a competitive trade advantage of producers or service providers operating in its territory.
3 Each Party shall respect the other Party's sovereign right to set, administer and enforce their own environmental laws and regulations, policies and national priorities, and shall ensure that its environmental laws, regulations and policies not be used for trade protectionist purposes.
4. The Parties shall endeavour to have their environmental laws, regulations, and policies in harmony with their commitments under Multilateral Environmental Agreements to which the Parties are party.
5. The Parties agree to cooperate in the field of environment. The aim of cooperation shall be the prevention or reduction of contamination, and degradation of ecosystems and natural resources, and rational use of the latter, through developing and endorsing special programs and projects dealing, inter alia, with the transfer of knowledge and technology.
6. Taking into account their national priorities and available resources, the Parties shall explore and jointly decide areas of cooperation of mutual interest and benefit. These areas may include, but are not limited to:
(a) climate change;
(b) biodiversity and conservation of natural resources;
(c) management of hazardous chemicals;
(d) air quality;
(e) water management;
(f) waste management;
(g) marine and coastal ecological conservation and pollution control;
(h) strategic environmental impact assessment;
(i) improvement of environmental awareness, including environmental education and informed public participation;
(j) combating Illegal, Unregulated and Unreported Fishing;
(k) sustainable products;
(l) promote sustainable forest management and trade in legally obtained forest products; and
(m) promotion of sustainable agriculture practices.
7. The Parties may develop new areas of cooperation through existing agreements and through appropriate implementing arrangements.
Article 9.6. Cooperation on Labour Issues
1. The Parties share the common general objective that free trade liberalisation and investment facilitation should lead to job creation, decent work and meaningful jobs for workers, with terms and conditions of employment which follow the core International Labour Organisation (ILO) labour principles. Accordingly, the Parties agree to cooperate in the field of labour.
2, The Parties reaffirm their obligations as members of ILO, especially their commitment to the principles of the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up and shall work to ensure that its labour laws, regulations, policies and practices are in harmony with their international labour commitments.
3. Each Party shall respect the sovereign right of the other Party to set, administer and enforce their own labour laws and regulations, policies and national priorities and ensure that its labour laws, regulations, and policies shall not be used for trade protectionist purposes.
4. The Parties shall not seek to encourage or gain trade advantage by weakening of failing to enforce or administer its labour laws, regulations, and policies in a manner affecting trade between the Parties.
5. Taking into account of their national priorities and available resources, the Parties shall explore and jointly decide areas of cooperation of mutual interest and benefit. These areas may include, but not limited to:
(a) labour laws and practices, including the promotion of labour rights, obligations and decent work;
(b) labour consultation, exchange of information and best practices on labour relations policies and labour management cooperation;
(c) social security; and occupational safety and health;
(d) human capital development, training, and employability; and
(e) experiences on the linkage between trade and labour and employment issues.
Article 9.7. Cooperation on Government Procurement
1. The Parties recognise the importance of government procurement to their economies.
2. The Parties shall cooperate on government procurement-related matters in areas of mutual interest and benefit.
3. In order to improve transparency, the Parties shall have their respective laws and regulations regarding government procurement available.
4. The Parties shall, subject to their respective laws and regulations, exchange information, to the extent possible, on their respective laws and regulations on government procurement, as well as any reforms to their existing government procurement regimes.
5. The provision of this Article may be reviewed in the Commission, with a view of enhancing the transparency and cooperation mechanisms under this Article.
Article 9.8. Cooperation on Intellectual Property Issues
1. The Parties agree that any intellectual property resulting from the cooperation activities done in accordance with this chapter shall be regulated under mutually agreed terms in each activity.
2. At a minimum, the terms regulated in each cooperation activity, which shall include ownership, commercial and non-commercial use, royalties and licensing of intellectual property.
Article 9.9. Cooperation on Global Value Chains
The Parties shall establish cooperation on:
(a) exchanging knowledge and exploring trade policy strategies aimed at deepening the integration of Chile and Indonesia into global value chains; and
(b) sharing knowledge and experiences regarding the interaction of trade policy with other public policies, in the development of strategies for the engagement in global value chains, aiming to achieve long-term economic development for the Parties, considering all stakeholders, including the private sector.
Article 9.10. Forms of Cooperation
1. Parties shall encourage and facilitate, as mutually agreed, the following forms of cooperation, which may include, but are not limited to: