(b) Provide interested persons and the other Party a reasonable opportunity to comment on those proposed measures .
3. With respect to a draft regulation (2) of general application of the central level of government of one of the Parties with respect to any matter covered by this Agreement that is likely to affect trade between the Parties and that is published in accordance with paragraph 2 (a), each Party, to the extent possible, shall endeavor:
(a) Publish the draft regulation on an official website, preferably online and consolidated in a single portal, with enough anticipation for an interested person to evaluate the draft regulation and formulate and submit comments;
(b) To the extent possible, include in the publication pursuant to subparagraph (a) an explanation of the purpose of, and the motivation for, the draft regulation, and
(c) Consider the comments received during the comment period, and are encouraged to explain any significant modifications made to the draft regulation, preferably on a website or in an official online journal.
4. Each Party shall, with respect to a regulation of general application adopted by its government on any matter covered by this Agreement that is published in accordance with paragraph 1, promptly publish the regulation on an official website or in an official newspaper with national circulation.
Article 16.3. Administrative Procedures
In order to administer in a uniform, impartial and reasonable manner all measures of general application of the central level of government with respect to any matter covered by this Agreement, each Party shall ensure that, in its administrative procedures in which they are applied the measures referred to in Article 16.2.1 to a particular person, good or service of the other Party, in specific cases:
(a) When possible, a person of the other Party who is directly affected by a procedure receives reasonable notice, in accordance with its legal system, of when a procedure is initiated, which includes a description of the nature of the procedure, a statement of the legal basis under which the procedure is initiated and a general description of any matter in question;
(b) A person of the other Party who is directly affected by a proceeding is afforded a reasonable opportunity to present facts and arguments in support of that Party's position before any final administrative action is taken, when permitted. the time, the nature of the proceeding and the public interest, and
(c) The procedures are in accordance with your legal system.
Article 16.4. Review of Administrative Acts
1. In accordance with its legal system, each Party shall establish or maintain courts or procedures, judicial, jurisdictional, or administrative, for the purpose of reviewing and, if warranted, correcting or nullifying an administrative act with respect to any matter covered by the this Agreement. The courts will be impartial and independent from the office or authority in charge of administrative compliance with the act and will not have any substantial interest in the outcome of the matter .
2. Each Party shall ensure that, with respect to the tribunals or procedures referred to in paragraph 1, the Parties to a proceeding have the right to:
(a) A reasonable opportunity to support or defend their respective positions, and
(b) A decision based on the evidence and presentations in the file or, in the cases that its legal system so requires, in the file compiled by the pertinent authority .
Article 16.5. Provision of Information
1. If one of the Parties considers that any proposed or current measure may materially affect the operation of this Agreement or in a different way substantially affect the interests of the other Party under this Agreement, it shall inform the other Party of such measure, provided as possible and in accordance with your legal system.
2. A Party at the request of the other, and in accordance with its legal system, will answer questions related to any measure in progress or in force that the requesting Party considers could substantially affect the operation of this Agreement, regardless of whether the requesting Party has or has not been previously informed of this measure.
3. A Party may transmit any request or provide information under this Article to the other Party through its contact points.
4. Any information provided pursuant to this Article shall be without prejudice to the fact that the measure in question is compatible with this Agreement.
Section C. Anti-corruption
Article 16.6. Scope of Application
1. The Parties affirm their determination to eliminate bribery and corruption in international trade and recognize the need to develop integrity within the public and private sectors and that each sector has complementary responsibilities in this regard.
2.The scope of this Section is limited to measures to eliminate bribery and corruption with respect to any matter covered by this Agreement.
3. The Parties recognize that the criminalization of conduct carried out in accordance with this Section, and that the legal defenses or legal principles applicable to such conduct, are reserved to the legal system of each Party. Likewise, the Parties recognize that those conducts will be prosecuted and punished as crimes in accordance with the legal system of each Party.
Article 16.7. Measures to Combat Corruption
1. Each Party shall adopt or maintain the legislative measures and other measures that are necessary to classify as crimes in its legal system, in matters that affect international trade, when the following conducts are intentionally committed by any person subject to its jurisdiction :
(a) The promise, offer or grant to a public official, directly or indirectly, an undue advantage for the official or another person or entity, in order for the official to act or refrain from acting in relation to the performance or exercise of their official functions;
(b) The request or acceptance by a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order for the official to act or refrain from acting in relation to the performance or exercise of their duties. official functions ;
(c) The promise, offer or concession to a foreign public official or an official of an international public organization, directly or indirectly, of an undue advantage for the official or another person or entity, in order for the official to act or refrains from acting in relation to the performance or exercise of their official functions, in order to obtain or maintain a business or other undue advantage in relation to the conduct of international business, and
(d) The help, complicity or instigation to carry out any of the behaviors described in subparagraphs (a) (b) and (c).
2. Each Party shall criminalize the conduct of the conduct described in paragraph 1 with sanctions that consider the gravity of such conduct.
3. Neither Party will allow a person subject to its jurisdiction to deduct from taxes the expenses incurred in connection with the performance of any of the conducts described in paragraph 1.
4. In order to prevent corruption, each Party shall adopt or maintain measures that are necessary, in accordance with its legal system, in relation to the maintenance of books and accounting records, disclosure of financial statements, and accounting and auditing standards. , to prohibit the following acts carried out with the purpose of carrying out any of the behaviors described in paragraph 1:
(a) (a) The establishment of accounts not registered in accounting books ;
(b) (b) Carrying out operations not registered in accounting books or wrongly consigned;
(c) (c) The record of nonexistent expenses ;
(d) (d) The entry of expenses in the accounting books with the incorrect identification of its object;
(e) (e) The use of false documents, and
(f) (f) The deliberate destruction of accounting documents before the term established in the legal system.
5.Each Party shall consider adopting or maintaining measures to protect, against any unjustified treatment, any person who, in good faith and for reasonable reasons, informs the competent authorities of any fact related to the conduct described in paragraph 1.
Article 16.8. Promotion of the Integrity of Public Officials
1.To combat corruption in matters affecting trade, each Party should promote, among other things, integrity, honesty and responsibility among its public officials. To this end, each Party shall endeavor, in accordance with the fundamental principles of its legal system, to adopt or maintain:
(a) Measures that establish adequate procedures for the selection and training of individuals to hold public positions thatare considered particularly vulnerable to corruption.
(b) Measures to promote transparency in the conduct of public officials in the exercise of their public functions ;
(c) Appropriate policies and procedures to identify and manage current or potential conflicts of interest of public officials ;
(d) Measures that require high-level public officials and other relevant public officials to make declarations to the competent authorities about, among other things, their outside activities, employment, investments, assets, and gifts or substantial benefits from which a conflict of interest in relation to their functions as public officials, and
(e) Measures to facilitate that public officials inform the competent authorities about acts of corruption that they are aware of in the exercise of their functions.
2. Each Party shall endeavor to adopt or maintain codes or standards of conduct for the correct, honorable and due performance of public functions, and disciplinary measures or other measures, if necessary, against public officials who violate the codes or standards established in accordance with the this paragraph.
3. Each Party, to the extent that it is compatible with the fundamental principles of its legal system, shall consider establishing procedures by which a public official accused of engaging in any of the conducts described in Article 16.7.1 may, as appropriate, be removed, suspended or reassigned by the competent authority, considering respect for the principle of presumption of innocence.
4. Each Party shall, in accordance with the fundamental principles of its legal system and without prejudice to judicial independence, adopt or maintain measures to strengthen integrity and prevent opportunities for corruption among members of the Poder Judicial on the issues that affect the international trade .
These measures may include rules regarding the conduct of members of the Judiciary.
Article 16.9. Application and Enforcement of Anti-corruption Laws
1. As of the entry into force of this Agreement and as an incentive for trade, the Parties will not cease to effectively apply their laws or other measures adopted or maintained to comply with Article 16.7.1, in accordance with the fundamental principles of its legal system, through the sustained or recurring course of action or inaction.
2. In accordance with the fundamental principles of its legal system, each Party retains the right for its authorities in charge of the application of the law, the public prosecutor's office and judicial authorities to exercise discretion with respect to the application of its anti- corruption laws. Each Party retains the right to make good faith decisions regarding the allocation of its resources.
3. The Parties affirm their commitments in accordance with applicable international agreements or conventions to cooperate among them, compatible with their respective legal system, to improve the effectiveness of law enforcement actions to combat the behaviors described in Article 16.7.1.
Article 16.10. Participation of the Private Sector and Society
1. Each Party shall adopt the appropriate measures, within its means and in accordance with the fundamental principles of its legal system, to promote the active participation of individuals and groups outside the public sector, such as companies, civil society, non-governmental organizations and community organizations, in the prevention and fight against corruption in matters that affect international trade, and to increase public awareness about the existence, causes and severity and the threat posed by corruption. To this end, a Party may:
(a) Carry out public information activities and public education programs that contribute to the non-tolerance of corruption;
(b) Adopt or maintain measures to promote professional associations and other non-governmental organizations, if appropriate, in their efforts to promote and assist companies, particularly SMEs, in the development of internal controls, ethics and compliance programs. o measures to prevent and detect bribery and corruption in international trade ;
(c) Adopt or maintain measures to encourage the management of the companies to make statements in their annual reports, or in a different way to publicly disclose their internal controls, ethics and compliance programs or measures, including those that contribute to prevent and detect bribery and corruption in international trade, and
(d) Adopt or maintain measures that respect, promote and protect the freedom to seek, receive, publish and disseminate information concerning corruption.
2. Each Party shall endeavor to encourage private companies, taking into account their structure and size, to:
(a) Develop and adopt sufficient internal audit controls to assist in the prevention and detection of acts of corruption in matters that affect international trade, and
(b) Ensure that its accounting and required financial statements are subject to appropriate auditing and certification procedures.
3. Each Party shall adopt appropriate measures to ensure that its relevant anti-corruption bodies are known to the public and shall provide access to those bodies, if appropriate, for the reporting, even anonymously, of any incident that may be considered to constitute one of the conducts. described in Article 16.7.1.
Article 16.11. Dispute Settlement
1. Chapter 18 (Dispute Settlement) shall apply to this Section, in the terms modified by this Article.
2. A Party may only resort to the procedures established in this Article and in Chapter 18 (Dispute Settlement) if it considers that a measure of the other Party is incompatible with an obligation under this Section, or that the other Party has otherwise breached an obligation under this Section, in a way that affects trade between the Parties.
3. A Party may not have recourse to the dispute settlement mechanism under this Article or Chapter 18 (Dispute Settlement) in relation to any matter that arises under Article 16.9.
4. The consulting Parties shall involve the officials of their relevant anti-corruption authorities in the consultations.
5. The consulting Parties will make every effort to find a mutually satisfactory solution to the matter, which may include appropriate cooperative activities or a work plan .
Section D. Final Provisions
Article 16.12. Relationship with other International Agreements
Nothing in this Agreement shall affect the rights and obligations of the Parties pursuant to the United Nations Convention Against Transnational Organized Crime, of November 15, 2000, or the Inter-American Convention Against Corruption, of March 29, nineteen ninety-six.
Article 16.13. Relationship with other Chapters of this Agreement
The provisions of other Chapters of this Agreement that deal with matters regulated in this Chapter shall prevail over the provisions of this Chapter.
Article 16.14. Relationship with the Legal System of the Parties
Nothing in this Section shall be construed to require a Party to provide or allow access to information the disclosure of which would impede law enforcement or would otherwise be contrary to the public interest or harm legitimate business interests of private companies, public or private.
Chapter 17. ADMINISTRATION OF THE AGREEMENT
Article 17.1. Free Trade Commission
1. The Parties establish the Free Trade Commission, which will be made up of the high- level government officials of each Party referred to in Annex 17.1.1, or by whom they designate, and will be chaired successively by each Party.
2. The Commission shall establish, at its first meeting, its rules and procedures, and shall adopt its decisions and recommendations by consensus.
3. Ordinary meetings of the Commission will take place once a year, unless the Parties agree otherwise. Either Party may request that an extraordinary meeting be convened. The meetings of the Committee may be held in person or through any technological means.
4. The Commission shall hold its first ordinary meeting within the first year of validity of this Agreement.
Article 17.2. Functions of the Commission
1. The Commission shall:
(a) Ensure compliance and correct application of the provisions of this Agreement;
(b) Evaluate the results achieved in the application of this Agreement;
(c) Contribute to the settlement of disputes in accordance with Chapter 18 (Dispute Settlement);
(d) Supervise the work of all the Committees, established in this Agreement, as well as the committees and working groups established in accordance with paragraph 2 (b);
(e) Conduct negotiations for accession to this Agreement by one member of the ALADI, in accordance with Article 20.5 (Accession), and
(f) Be aware of any other matter that could affect the operation of this Agreement, or that is entrusted to it by the Parties.
2. The Commission may:
(a) Make decisions to:
(i) modify or update the Regime of Origin in accordance with paragraph 3 of Article 2.8 (Regime of Origin);
(ii) approve the geographical indications and appellations of origin referred to in Article 10.11 (Geographical Indications and Appellations of Origin), for their incorporation in Annex 10.11.4;
(iii) approve the Annexes referred to in Article 6.11 (Implementation Annexes), and
(iv) implement other provisions of this Agreement, other than those mentioned above, that require a development specifically contemplated therein, in order to improve the operation of the free trade zone.
Each Party shall implement, in accordance with its legal system, any decision referred to in subparagraph (a), within the term agreed by the Parties. (1)
(b) Establish the committees and working groups that it deems pertinent within the framework of this Agreement;
(c) lssue interpretations of the provisions of this Agreement;
(d) Request the advice of persons or entities that it deems appropriate;
(e) Recommend to the Parties amendments to this Agreement, and
(f) Adopt other actions and measures, within the scope of its functions, that ensure the achievement of the objectives of this Agreement.
Article 17.3. Contact Points
1. Each Party shall designate a general point of contact to facilitate communications between the Parties on any matter covered by this Agreement, as well as other points of contact as required in this Agreement.
2.Except as otherwise provided in this Agreement, each Party shall notify the other Party in writing of its designated contact points within 60 days of the date this Agreement enters into force .
Annex 17.1.1. Members of the Free Trade Committee
The Commission will be composed of:
(a) In the case of Chile, by the General Director of International Economic Relations or whoever he designates, and
(b)In the case of Uruguay, by the Director General for International Economic Affairs of the Ministry of Foreign Affairs or whoever he designates.
Chapter 18. SETTLEMENT OF DISPUTES
Article 18.1. General Provisions
1. The Parties will endeavor to reach an agreement on the interpretation and application of this Agreement and will make every effort to reach a mutually satisfactory solution on any matter that could affect its operation.
2. This Chapter seeks to provide an effective, efficient, and transparent dispute settlement process between the Parties regarding their rights and obligations under this Agreement.
Article 18.2. Scope of Application
1.Unless otherwise provided in this Agreement, the provisions of this Chapter shall apply to the prevention or settlement of any dispute that may arise between the Parties regarding the interpretation or application of the provisions of this Agreement or when a Party considers what:
(a) An existing or proposed measure of the other Party is or could be incompatible with the obligations provided for in this Agreement;
(b) The other Party has breached in any other way its obligations under this Agreement, or
(c) An existing or proposed measure of the other Party causes or could cause nullification or impairment of the benefits that it could reasonably have expected to receive from the application of any of the provisions of this Agreement, in accordance with Annex 18.2.
2. For greater certainty, the proposed measures referred to in subparagraphs (a) or (c) of paragraph 1 may be invoked only to request the holding of consultations referred to in Article 18.4 and for the intervention of the Commission referred to in Article 18.5.
Article 18.3. Choice of Forum
1. Disputes on the same matter that arise in relation to the provisions of this Agreement, the WTO Agreement or any other trade agreement to which the Parties are party, may be resolved in any of said forums, at the option of the complaining Party .
2. Once the complaining Party has requested the establishment of an arbitral tribunal under this Chapter or one of the agreements referred to in paragraph 1, or has requested the establishment of a panel pursuant to to the Understanding Relative to the Standards and Procedures for the Regulated Dispute Setilement, which is part of the WTO Agreement, the selected forum will be exclusive of any other.
Article 18.4. Consultations
1. Either Party may request, in writing, the other Party to hold consultations on any matter referred to in Article 18.2. The consulting Party shall deliver the request to the other Party, explaining the reasons for its request, including the identification of the measure in question and the indication of the legal basis for the claim.
2. The consulted Party shall respond in writing to the request for consultations referred to in paragraph 1, within 10 days following receipt of said request, unless the Parties agree on a different term.
3. Consultations will be conducted in good faith.
4. Without prejudice to the provisions of paragraph 5, the consultations will take place within 30 days from the date of receipt of the request, unless the Parties agree on a different period .
5. In emergency cases, such as those relating to perishable goods, the queries will take place within 15 days after the date of receiptof the request, unless the parties agree within different.
6. The consulted Party shall ensure prompt and timely attention to the inquiries made, including the participation of its competent authorities or other regulatory entities that have technical knowledge of the matter that is the subject of such inquiries.
7. The Parties shall make every effort to reach a mutually satisfactory solution to the matter submitted for consultations in accordance with the provisions of this Article. For these purposes, each Party:
(a) Provide sufficient information to allow a complete examination of the measure or matter that is the subject of the consultations, and
(b) It will give confidential or reserved information received during consultations the same treatment as the Party that provided it.
8.The consultations will be confidential and will be carried out in person or through any technological means agreed by the Parties. In the event that the consultations are carried out in person, they must be carried out in the territory of the consulted Party, unless the Parties agree otherwise .
Article 18.5. Intervention of the Free Trade Commission
1. Any of the Parties may request in writing the intervention of the Commission, in any of the following cases:
(a) The consulted Party does not respond to the request for consultations in accordance with Article 18.4.2, or
(b) The matter that is the subject of the consultations has not been resolved in accordance with the terms established in Articles 18.4.4 or 18.4.5, as applicable.
2. The consulting Party shall deliver to the consulted Party the request referred to in paragraph 1, explaining the reasons for its request, including the identification of the measure in question and the indication of the legal bases for the claim.
3. Unless the Parties agree on a different term, the Commission shall meet within 10 days of receiving the request referred to in paragraph 1 and shall endeavor to reach a mutually satisfactory solution to the matter that is the subject of the consultations within 30 days. following that meeting or within any other period that the Parties have agreed. To this end, the Commission may:
(a) Convene technical advisers or create working groups on the matter that it deems necessary;
(b) To use good offices, conciliation or mediation or other alternative means for the resolution of disputes, or
(c) Make recommendations.
4.The Commission may accumulate two or more procedures that it is aware of in accordance with this Article, relating to the same measure or matter. The Commission may accumulate two or more procedures referring to other matters that it is aware of in accordance with this Article, when it deems it appropriate to examine them jointly.