1. Chile reserves the right of the Central Bank of Chile to maintain or adopt measures in accordance with its Constitutional Organic Law (Law 18,840) or other legal norms to ensure the stability of the currency and the normal functioning of internal and external payments, granting it as a power for these purposes, the regulation of the amount of money and credit in circulation, the execution of credit and international exchange operations, as well as to dictate norms on monetary, financial and international exchange matters. These measures include, among others, the establishment of requirements that restrict or limit current payments and transfers from or to Chile, as well as the operations related to them, such as establishing that deposits, investments or credits coming from or destined to foreign countries are subject to the obligation of maintaining a legal reserve.
2. Notwithstanding paragraph 1, the requirement to maintain an encumbrance under Section 49 No. 2 of Law 18.840 may not exceed thirty percent (30%) of the amount transferred and may not be imposed for a period exceeding two years.
3. In applying the measures under this Annex, Chile, as provided for in its legislation, may not discriminate between Uruguay and any third country with respect to operations of the same nature.
Chapter 8. ELECTRONIC COMMERCE
Article 8.1. Definitions
For the purposes of this Chapter:
Electronic authentication means the process or action of verifying the identity of a party to an electronic communication or transaction;
Unsolicited commercial electronic communication means a communication that is transmitted by electronic means for commercial or advertising purposes without the consent of the recipient or in spite of the explicit refusal of the recipient;
trade administration documents means the forms that a Party issues or controls which must be completed by or for an importer or exporter in connection with the import or export of goods;
Electronic signature means data in electronic form attached to an electronic document that allows the signatory or signatory to be identified;
Personal information means any information, including data, about an identified or identifiable natural person;
Computer facilities means computer servers and storage devices for processing or storing information for commercial use;
digital product means a computer program, text, video, image, sound recording or other product that is digitally encoded, produced for sale or commercial distribution and that can be transmitted electronically; (1) (2) and
Electronic or electronically transmitted transmission means a transmission made using any electromagnetic means, including transmission by optical means.
Article 8.2. Scope and General Provisions
1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.
2. This Chapter shall not apply to:
(a) Public procurement;
(b) Information possessed or processed by or on behalf of a Party, or measures relating to such information, including measures relating to its compilation; or
(c) Financial services, as defined in Article XII of the 53rd Additional Protocol to the ACE No. 35
3. For greater certainty, this Chapter is subject to the provisions, exceptions, or non-conforming measures set forth in other chapters or annexes to this or other relevant treaties between the Parties.
4. The Parties recognize the economic potential and opportunities provided by electronic commerce.
5. Considering the potential of electronic commerce as a tool for social and economic development, the Parties recognize the importance of
(a) The clarity, transparency and predictability of their national regulatory frameworks to facilitate, to the extent possible, the development of electronic commerce;
(b) Encourage self-regulation in the private sector to promote confidence in e-commerce, taking into account the interests of users, through initiatives such as industry guidelines, model contracts, codes of conduct and trust seals;
(c) Interoperability and innovation to facilitate e-commerce
(d) Ensure that international and national e-commerce policies take into account the interests of all users, including businesses, consumers, non- governmental organizations and relevant public institutions;
(e) Facilitate access to e-commerce tools by SMEs, and
(f) To guarantee the security of e-commerce users, as well as their right to personal data protection (3).
6. Each Party shall endeavor to take measures to facilitate trade conducted by electronic means.
7. The Parties recognize the importance of avoiding unnecessary barriers to trade conducted by electronic means, including trade in digital products. Taking into account its domestic policy objectives, each Party shall seek to avoid measures that
(a) Hinder trade conducted by electronic means, or
(b) Have the effect of treating trade conducted through electronic means more restrictively than trade conducted by other means.
Article 8.3. Customs Duties
1. Neither Party shall impose customs duties on electronic transmissions, including electronically transmitted content, between a person of one Party and a person of another Party.
2. Paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement.
Article 8.4. Legal Framework for Electronic Transactions
Each Party shall endeavor to
(a) Avoid unnecessary regulatory burdens in electronic transactions, and
(b) To facilitate the opinions of people interested in the development of its legal framework for electronic transactions.
Article 8.5. Electronic Authentication and Electronic Signatures
1. A Party shall not deny the legal validity of an electronic signature solely on the grounds that it is made by electronic means, unless otherwise expressly provided for in its respective legal system.
2. No Party shall adopt or maintain measures on electronic authentication that
(a) Prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction, or
(b) Prevent parties to an electronic transaction from having the opportunity to prove to judicial or administrative authorities that their transaction complies with any legal requirement regarding authentication.
3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited under its legal system.
4. The Parties shall encourage the use of interoperable electronic signatures.
Article 8.6. Online Consumer Protection
1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive business practices when engaged in electronic commerce.
2. Each Party shall adopt or maintain consumer protection laws to prohibit fraudulent and deceptive business practices that cause harm or potential harm to consumers engaged in online commerce.
3. Each Party shall endeavor to adopt non-discriminatory practices in protecting users of electronic commerce from violations of the protection of personal information occurring within its jurisdiction.
4. The Parties recognize the importance of cooperation between their respective consumer protection agencies or other competent bodies, in activities related to cross- border electronic commerce, in order to improve consumer welfare.
Article 8.7. Protection of Personal Information
1. The Parties recognize the benefits of protecting the personal information of users of electronic commerce and the contribution this makes to enhancing consumer confidence in electronic commerce.
2. The Parties shall adopt or maintain laws, regulations or administrative measures for the protection of personal information of users engaged in electronic commerce. The Parties shall take into consideration existing international standards in this area, as provided for in Article 8.2.5 (f).
3. Each Party should publish information about the protection of personal information it provides to users of electronic commerce, including how:
(a) Individuals can exercise resources, and
(b) Companies can comply with any legal requirement.
4. The Parties should exchange information and experiences regarding their personal information protection legislation.
5. The Parties shall encourage the use of mechanisms for encrypting users' personal information, and their dissociation, in cases where such data are provided to third parties, in accordance with applicable legislation.
Article 8.8. Administration of Paperless Trade
Each Party shall endeavor to
(a) Make trade administration documents available to the public in electronic form, and
(b) Accept electronically submitted business management documents as the legal equivalent of the paper version of those documents.
Article 8.9. Principles on Access to and Use of the Internet for Electronic Commerce
Subject to applicable policies, laws and regulations, the Parties recognize the benefits of consumers in their territories having the ability to
(a) Access and use consumer choice services and applications available on the Internet, subject to reasonable network administration;
(b) Connect the consumer's choice of end-user devices to the Internet, provided that such devices do not harm the network; and
(c) To have clear information on practices that affect the data traffic of users by data transport providers, so that these users can make the consumer decision that best suits them.
Article 8.10. Cross-border Transfer of Information by Electronic Means
1. Each Party shall permit the cross-border transfer of information by electronic means, including personal information, where this activity is for the conduct of the business of a person of a Party.
2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade. The Parties recognize that each Party may have in its regulatory framework its own regulatory requirements for the transfer of information by electronic means.
Article 8.11. Location of Computer Facilities
1. The Parties recognize that each Party may have its own regulatory requirements regarding the use of computer facilities, including requirements that seek to ensure the security and confidentiality of communications.
2. A Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition for doing business in that territory.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
Article 8.12. Unsolicited Commercial Electronic Communications
The Parties shall adopt or maintain measures in their domestic legislation to protect users from unsolicited commercial electronic communications.
Article 8.13. Cooperation
Recognizing the global nature of electronic commerce, the Parties will seek to
(a) Working together to facilitate access to e-commerce tools by SMEs;
(b) Share information and experiences about laws, regulations, and programs in the field of electronic commerce, including those related to personal information protection, consumer protection, electronic communications security, authentication, intellectual property rights, and electronic government;
(c) Exchange information and share views on consumer access to products and services offered online between the Parties;
(d) Actively participate in regional and multilateral forums to promote the development of electronic commerce, and
(e) Encourage the development by the private sector of self-regulatory methods that promote e-commerce, including codes of conduct, model contracts, guidelines and compliance mechanisms.
Article 8.14. Cooperation on Cybersecurity Issues
The Parties recognize the importance of
(a) Develop the capacities of their national entities responsible for cybersecurity and the response to information security incidents, and
(b) Use existing collaborative mechanisms to cooperate in identifying and mitigating malicious practices or the dissemination of malicious code affecting the Parties' electronic networks, users' personal information, or protection against unauthorized access to private information or communications
Chapter 9. COMPETITION POLICY
Article 9.1. Objectives
The Objectives of this Chapter are:
(a) To promote cooperation in the adoption and implementation of regulations on the promotion and defence of competition in the free trade area.
(b) Adopt or maintain competition laws that prohibit anti-competitive business practices, in order to avoid that the benefits of the process of liberalization of trade in goods, services and investments may be reduced or nullified by anti-competitive business practices.
(c) Maintain an authority or authorities responsible for enforcing their national competition laws. The enforcement policy of the national competition authority or authorities shall not discriminate on the basis of the nationality of the persons to whom it is addressed.
Article 9.2. Cooperation and Coordination
1. The Parties recognize the importance of cooperation and coordination between their respective national competition authorities to promote effective enforcement of competition laws in the free trade area.
2. The Parties agree to cooperate in a manner consistent with their respective laws, regulations and interests, including through notifications, consultations and exchange of information, taking into account the availability of resources.
3. The Parties' national competition authorities may consider entering into cooperation agreements on competition that set out mutually agreed terms.
Article 9.3. Consultations
At the request of either Party, the Parties shall initiate consultations on particular anti-competitive practices that adversely affect bilateral trade or investment, consistent with the objectives of this Chapter.
Article 9.4. Non-application of Dispute Settlement
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 10. INTELLECTUAL PROPERTY
Article 10.1. Definitions
For the purposes of this Chapter:
Intellectual property refers to all categories of intellectual property that are the subject of Sections 1 to 7 of Part I of the TRIPS Agreement, namely: copyright and related rights; trademarks; geographical indications; industrial designs, patents, layout-designs (topographies) of integrated circuits, and protection of undisclosed information.
Article 10.2. General Provisions
1. The Parties confirm their existing rights and obligations under the TRIPS Agreement and other multilateral agreements related to intellectual property to which both Parties are party. Nothing in this Chapter shall derogate from the Parties' existing rights and obligations under the TRIPS Agreement or other multilateral intellectual property-related agreements to which both Parties are party.
2. Each Party shall apply the provisions of this Chapter. A Party may, but shall not be obliged to, provide for more extensive protection or enforcement in its legal system than is required by this Chapter, provided that such protection or enforcement does not contravene the provisions of this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within the framework of its legal system and practice.
Article 10.3. National Treatment
1. With respect to all intellectual property rights covered by this Chapter, each Party shall accord to persons of the other Party treatment no less favorable than that it accords to its own persons with respect to the protection (1) and enjoyment of such intellectual property rights and the benefits accruing therefrom, subject to the exceptions set forth in multilateral intellectual property treaties to which either Party is, or becomes, a contracting party.
2. Each Party may derogate from paragraph 1 with respect to its judicial and administrative procedures, including a requirement for a person of the other Party to designate an address for service or the appointment of an agent within its territory, subject to such derogation:
(a) Is necessary to achieve compliance with laws and regulations that are not inconsistent with this Chapter, and
(b) Do not apply in a manner that constitutes a disguised restriction on trade.
3. Paragraph 1 shall not apply to procedures for the acquisition or maintenance of intellectual property rights under multilateral treaties concluded under the auspices of WIPO.
Article 10.4. Objectives
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare and to a balance of rights and obligations.
Article 10.5. Principles
1. The Parties, in formulating or amending their laws and regulations, may take the necessary measures to protect public health and nutrition or to promote the public interest in sectors of vital importance to their socioeconomic and technological development, provided that such measures are consistent with the provisions of this Chapter.
2. Appropriate measures, provided that they are consistent with the provisions of this Agreement, may be required to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
Article 10.5 bis. Commitments of the Parties on Certain Public Health Measures
1. The Parties affirm their commitment to the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2), adopted on 14 November 2001. In particular, the Parties have reached the following agreements in relation to this Chapter;
(a) The Decision of the General Council, regarding the Implementation of Paragraph Six of the Doha Declaration on the TRIPS Agreement and Public Health (WT/L/540), of 30 August 2003 and the Report of the Chairman of the WTO General Council accompanying the Decision (JOB(03)/177, WT/GC/M/82), and
(b) The Decision of the WTO General Council on the Amendment to the TRIPS Agreement, (WT/L/641), of 6 December 2005 and the Report by the Chairman of the WTO General Council accompanying the Decision (JOB(05)319 and Corr. 1,WT/GC/M/100)
2. Each Party must notify the WTO, if it has not already done so, of its acceptance of the Protocol amending the TRIPS Agreement, adopted in Geneva on 6 December 2005.
Article 10.6. International Agreements
1. Each Party shall ratify or accede to each of the following International Agreements, ifit has not already done so, by the date of entry into force of this Agreement
(a) The Paris Convention for the Protection of Industrial Property, revised at Stockholm on July 14, 1967, and amended on September 28, 1979, and
(b) The Berne Convention for the Protection of Literary and Artistic Works, revised in Paris on 24 July 1971 and amended on 28 September 1979.
1. Each Party shall ratify or accede to each of the following International Agreements, ifit has not already done so, by the date of entry into force of this Agreement
(a) The Paris Convention for the Protection of Industrial Property, revised at Stockholm on July 14, 1967, and amended on September 28, 1979, and
(b) The Berne Convention for the Protection of Literary and Artistic Works, revised in Paris on 24 July 1971 and amended on 28 September 1979.
2. Each Party shall make its best efforts to ratify or accede to the Patent Cooperation Treaty, as amended on September 28, 1979, on the date of entry into force of this Agreement.
Article 10.7. Exhaustion of Intellectual Property Rights
The parties are encouraged to provide for international exhaustion of intellectual property rights.
Article 10.8. Public Domain
1. The Parties shall make their best efforts to publish information regarding the public domain, including appropriate tools to identify the extension of the term of protection of intellectual property rights.
2. The Parties recognize the importance of a rich and accessible public domain to society, as well as the need for material in the public domain to be freely usable by all.
3. For the purposes referred to in paragraph 2, each Party shall make its best efforts to
(a) Identify the content or protectable subject matter that is in the public domain in their respective territory
(b) Promote access to the public domain, and
(c) Preserve the public domain.
4. Actions to achieve the purposes referred to in paragraph 2 may include the development of publicly accessible databases of registered rights, guidelines and other tools to enhance access to content that is in the public domain.
5. Each Party shall make its best efforts to promote cooperation between the Parties to identify and facilitate access to content that is in the public domain and to share updated information regarding owners and terms of protection.