(c) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific regulations, carried out 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) the recognition by a Party of the results of conformity assessments carried out in the territory of the other Party.
3. The Parties shall intensify their exchange of information on the range of mechanisms that facilitate the acceptance of conformity assessment results.
4. In the event that a Party does not accept the results of conformity assessment procedures carried out in the territory of the other Party, it shall, on request of the other Party, explain the reasons for corrective action to be taken if necessary.
5. Each Party shall accredit, approve, approve, authorise, or otherwise recognise conformity assessment bodies in the territory of the other Party on terms no less favourable than those accorded to conformity assessment bodies in its territory. If a Party accredits, approves, approves, authorises, or otherwise recognises a body assessing conformity with a particular technical regulation or standard in its territory and refuses to accredit, approve, authorise, or otherwise recognise 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 so that corrective action may be taken if necessary.
6. If a Party rejects a request by the other Party to enter into or conclude negotiations to reach an agreement to facilitate the recognition in its territory of the results of conformity assessment procedures carried out by bodies in the territory of the other Party, it shall, on request, explain the reasons for its decision.
7. The Parties shall seek to ensure that the conformity assessment procedures applied between them facilitate trade by ensuring that they are no more restrictive than necessary to provide the importing Party with confidence that products comply with the applicable technical regulations, taking into consideration the risks that non-compliance would create.
8. In order to enhance confidence in the continued mutual reliability of conformity assessment results, the Parties may consult, as appropriate, with a view to reaching a mutually satisfactory understanding on such matters as the technical competence of the conformity assessment bodies involved.
Article 8.8. International System of Units
The Parties undertake to adopt, for trade purposes, the International System of Units.
Article 8.9. Transparency
1. The Parties shall notify electronically, through the contact point established for each Party under Article 10 of the TBT Agreement, the draft technical regulations and conformity assessment procedures intended to be adopted, at the same time as the Party notifies other WTO Members, in accordance with the TBT Agreement and this Agreement.
2. Within 60 days of the notification referred to in the preceding paragraph, interested parties may submit comments and consultations on such measures to enable the notifying Party to address and take them into account. To the extent possible, the notifying Party shall give favourable consideration to requests from the other Party for an extension of the time limit for comments.
3. In the event that a Party adopts a technical regulation or conformity assessment procedure, due to urgent problems or threat thereof related to its legitimate objectives, it shall notify the other Party electronically, through the above-mentioned contact point, at the same time as other WTO Members.
4. Each Party shall publish, in printed or electronic form, or otherwise make publicly available, its responses to significant comments at the same time as the technical regulation or conformity assessment procedure is published.
5. Each Party shall, on request of the other Party, provide information on the objectives of and reasons for a technical regulation or conformity assessment procedure that the Party has adopted or proposes to adopt.
6. Each Party shall ensure that there is at least one Information Centre in its territory capable of responding to all reasonable enquiries and requests from the other Party and interested persons, and of providing relevant documentation in relation to all matters under this Chapter.
7. Each Party shall implement this Article as soon as practicable and in no event later than three years after the entry into force of this Agreement.
Article 8.10. Committee on Technical Barriers to Trade
1. The Parties establish a Committee on Technical Barriers to Trade composed of representatives designated by each Party, in accordance with Annex 8.1.
2. The functions of the Committee shall include:
(a) monitor the implementation and administration of this Chapter;
(b) deal promptly with matters that a Party proposes with respect to the preparation, adoption, application, implementation, or enforcement of standards, technical regulations or conformity assessment procedures, including authorization or approval procedures;
(c) increase cooperation for the development and improvement of standards, technical regulations, or conformity assessment procedures;
(d) as appropriate, facilitate sectoral cooperation between governmental and non-governmental entities on standards, technical regulations and procedures of conformity assessment in the territories of the Parties, as well as to facilitate the process of mutual recognition agreements and equivalence of technical regulations;
(e) exchange information about work being carried out in non-governmental, regional, multilateral fora and cooperative programmes involved in activities related to standards, technical regulations and conformity assessment procedures;
(f) on request of a Party, to consult on any matter arising under this Chapter;
(g) take any other action that the Parties consider will assist them in the implementation of this Chapter and the TBT Agreement and the facilitation of trade in products;
(h) review this Chapter in the light of developments in the TBT Agreement Committee, and develop recommendations to amend this Chapter if necessary;
(i) if deemed appropriate, report to the Commission on the implementation of this Chapter; and,
(j) establish, if necessary, for particular matters or sectors, working groups for the treatment of specific matters and issues related to this Chapter.
3. The Parties shall make every effort to reach a mutually satisfactory solution to the consultations referred to in paragraph 2(f) within a period of up to 30 days.
4. Where the Parties have resorted to consultations pursuant to paragraph 2(f), such consultations shall, at the option of the complaining Party, replace those provided for in Article 14.4.
5. Upon request, a Party shall give sympathetic consideration to any sector-specific proposal by the other Party for enhanced cooperation under this Chapter.
6. The Committee shall meet as deemed necessary by the Parties, and where possible, once a year, by videoconference, teleconference or other agreed means.
Article 8.11. Technical Cooperation
1. At the request of a Party, the other Party may provide it with technical cooperation and assistance, on mutually agreed terms and conditions, to strengthen its systems of standardization, technical regulations and conformity assessment.
2. Each Party shall encourage standardizing and conformity assessment bodies in its territory to cooperate with those of the other Party in its territory, as appropriate, in the conduct of their activities, such as through membership in international standardizing and conformity assessment bodies.
Article 8.12. Exchange of Information
Any information or explanation that is provided at the request of a Party pursuant to the provisions of this Chapter shall be provided in printed or electronic form within a reasonable period of time.
Article 8.13. Definitions
For the purposes of this Chapter, the terms contained in Annex 1 of the TBT Agreement shall apply.
Chapter 9. INVESTMENT
Article 9.1. Future Negotiation
Within two years of the entry into force of this Agreement, the Parties shall enter into negotiations on investment on a mutually beneficial basis, with a view to deepening and improving the bilateral investment regime.
Chapter 10. TRADE IN SERVICES
Article 10.1. Sea and Air Transport
1. The Parties recognise free access to the transport of their foreign trade cargoes to vessels owned, chartered or operated by the shipping companies of both Parties, under conditions of effective reciprocity, in accordance with their respective legislation, applicable in bilateral trade and from or to third countries.
2. With respect to the transportation of hydrocarbons, in the event that Ecuador's internal provisions or international agreements provide for hydrocarbon concessions to other countries or groups of countries, these will be granted under the same conditions to the Republic of Chile.
3. The maritime authorities of the Parties shall ensure transparency in the provision of these services.
4. Regarding air transport, taking as a framework the current agreement on air services signed by both Parties, they agree that the companies of both countries may carry out and market scheduled and mixed air services for passengers, cargo and mail between points in both territories and between these territories and third countries, with full traffic rights within the Latin American region (member countries of ALADI), under the terms already established by the aeronautical authorities.
5. Traffic rights not covered by this article are subject to negotiation between the aeronautical authorities.
Article 10.2. Future Negotiation
Within two years of the entry into force of this Agreement, the Parties shall enter into negotiations on trade in services on a mutually beneficial basis.
Chapter 11. ENTRY AND TEMPORARY STAY
Article 11.1. Scope and Coverage
1. This Chapter reflects the preferential commercial and cooperative relationship that exists between the Parties, the mutual objective of facilitating the entry and temporary stay of business persons, according to the principle of reciprocity and the need to agree on simplified, transparent, secure, effective and understandable criteria and procedures, in accordance with the respective domestic legislation.
2. This Chapter does not apply to measures affecting natural persons seeking access to the labor market of a Party, nor does it apply to measures relating to citizenship, nationality, residence or permanent employment.
Article 11.2. Exchange of Information
1. No later than six months after the entry into force of this Agreement, the Parties shall exchange information on measures affecting the entry and temporary stay of business persons through the following contact points:
(a) in the case of Chile, the Department of Services, Investments and Air Transport, General Directorate of International Economic Relations, Ministry of Foreign Affairs; and,
(b) in the case of Ecuador, the Ministry of Foreign Affairs, Trade and Integration and the Ministry of Labour and Employment.
2. Where a Party amends or modifies a migration measure affecting the entry and temporary stay of business persons, such amendment or modification shall be published and made available in a manner that allows the other Party and business persons to become aware of it.
Article 11.3. Future Negotiation
1. Two years after the entry into force of this Agreement, the Parties shall review the rules and conditions applicable to the movement of natural persons, with a view to achieving a comprehensive Chapter on Entry and Temporary Stay, in accordance with the provisions of this Chapter.
2. Until such time, the Parties shall facilitate entry and temporary stay in accordance with their domestic legislation and existing bilateral conventions.
3. In the case of Ecuador, the visa to be granted will be the 12-VI or 12-IX.
Article 11.4. Definitions
For purposes of this Chapter:
temporary entry and stay means the entry into and stay in the territory of a Party of a business person, without the intention of establishing permanent residence;
immigration measure means any procedure, regulation or law affecting the entry and stay of aliens; business person means a natural person who has the nationality of a Party in accordance with Article 2.1 and who engages in trade in goods or services or investment activities in the other Party. For purposes of this Chapter, business persons are (11):
(a) business visitors;
(b) traders;
(c) investors;
(d) transfers of personnel within a company; and,
(e) professionals
Chapter 12. TRANSPARENCY
Article 12.1. Points of Contact
1. Each Party establishes a contact point, in accordance with Annex 12.1, to facilitate communications between the Parties on any matter covered by this Agreement.
2. At the request of the other Party, the contact point shall indicate the unit or official responsible for the matter and provide such support as may be required to facilitate communication with the requesting Party.
Article 12.2. Publicity
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application that relate to any matter covered by this Agreement are promptly published or made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent possible, each Party:
(a) publish in advance any measures, referred to in paragraph 1, that it intends to take; and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on the proposed measures.
Article 12.3. Notification and Provision of Information
1. Each Party shall notify the other Party, to the extent practicable, of any existing or proposed measures that the Party considers would substantially affect the operation of this Agreement, or the interests of the other Party under this Agreement.
2. A Party shall, on request of the other Party, provide information and promptly respond to its questions concerning any measure in force or proposed, whether or not the other Party has previously been notified of that measure.
3. Any notification or provision of information referred to in this Article shall be made without prejudice to whether or not the measure is compatible with this Agreement.
Article 12.4. Administrative Procedures
In order to administer in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that, in its administrative procedures applying the measures referred to in Article 12.2 with respect to particular persons, goods or services of the other Party in specific cases:
(a) whenever possible, persons of the other Party who are directly affected by a proceeding shall, in accordance with domestic provisions, be given reasonable notice of the commencement of the proceeding, including a description of the nature of the proceeding, a statement of the legal basis pursuant to which the proceedings are instituted and a general description of all issues in dispute;
(b) when time, the nature of the proceeding, and the public interest permit, such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action; and,
(c) its procedures are in accordance with that Party's domestic law.
Article 12.5. Review and Challenge
1. Each Party shall establish or maintain judicial tribunals or procedures, or procedures of an administrative nature, for the purpose of the prompt review and, where warranted, correction of final administrative actions relating to matters covered by this Agreement. Such tribunals or proceedings shall be impartial and not connected with the agency or administrative enforcement authority, and shall have no substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such courts or in such proceedings, the parties have the right to:
(a) a reasonable opportunity to support or defend their respective positions; and,
(b) a decision or ruling based on the evidence and submissions or, in cases where required by its domestic law, on the record compiled by the administrative authority.
3. Each Party shall ensure, subject to challenge or further review as provided in its domestic law, that such rulings or decisions are enforced by, and govern the practice of, the agency or authority with respect to the administrative action that is the subject of the decision.
Article 12.6. Definition
For the purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and matters generally within its scope and that establishes a standard of conduct, but does not include:
(a) a determination, determination or ruling made in an administrative proceeding that applies to particular persons, goods or services of the other Party in a specific case; or
(b) a resolution or ruling that decides with respect to a particular act or practice.
ANNEX 12.1. CONTACT POINTS
For the purposes of Article 12.1, the point of contact shall be:
(a) in the case of Chile, the Ministry of Foreign Affairs, General Directorate of International Economic Relations, through the Director of Bilateral Economic Affairs; and,
(b) in the case of Ecuador, the Ministry of Foreign Affairs, Trade and Integration, through the Director-General of Integration and Trade Negotiations.
Chapter 13. ADMINISTRATION OF THE AGREEMENT
Article 13.1. Economic and Trade Commission
The Parties hereby establish the Economic and Trade Commission (hereinafter the "Commission"), which shall be composed of the representatives referred to in Article 1 of Annex 13.1 of this Chapter, or their designees.
Article 13.2. Functions
1. The Commission shall have the following functions:
(a) ensure that the provisions of this Agreement are complied with and properly implemented;
(b) monitor the implementation of this Agreement and evaluate the results achieved in its application;
(c) attempt to resolve disputes that may arise in connection with the interpretation or application of this Agreement;
(d) monitor the work of all committees and working groups established under this Agreement and recommend appropriate action;
(e) determine the amount of remuneration and expenses to be paid to the arbitrators;
(f) periodically evaluate the progress of this Agreement in order to seek its improvement and ensure a bilateral integration process that consolidates and develops an expanded economic space, based on adequate reciprocity, the promotion of fair competition and an active participation of public and private economic agents; and,
(g) consider any other matter that may affect or permit the better functioning of this Agreement.
2. The Commission may:
(a) establish and delegate responsibilities to committees;
(b) advance the implementation of the objectives of this Agreement by approving any amendments, in accordance with Annex 13.2, of:
(i) the specific rules of origin set out in Annex 4.1; and,
(ii) the tariff reduction schedule, in accordance with Article 3.3;
(c) seek the advice of non-governmental individuals or groups; and,
(d) if agreed by the Parties, take any other action in the exercise of its functions.
Article 13.3. Agreement Coordinators
1. Each Party shall designate a Coordinator, who shall work jointly on preparations for the meetings of the Commission and shall give appropriate follow-up to the decisions of the Commission.
2. The Coordinating Bodies of each Party shall be:
(a) in the case of Chile, the unit designated by the Director-General for International Economic Relations or his representative; and,
(b) in the case of Ecuador, the unit designated by the Vice-Minister of Foreign Trade of the Ministry of Foreign Affairs, Trade and Integration or his representative.
Annex 13.1. The Commission
Article 1. Members
For the purposes of Article 13.1, the Commission shall be composed of:
(a) in the case of Chile, the Minister of Foreign Affairs, or his or her representative; and
(b) in the case of Ecuador, the Minister of Foreign Affairs, Trade and Integration, or his or her representative.
Article 2. Meetings
1. The meetings of the Commission shall be ordinary or extraordinary. In the first case, they shall be held periodically and, in the second, within fifteen days following the request formulated to that effect by one of the Parties.
2. The regular meetings of the Commission shall be held alternately in Chile and Ecuador. Extraordinary meetings may also be held by videoconference.
3. The meetings shall be chaired by the Contracting Party hosting the meeting, while the extraordinary meetings shall be chaired by the Party convening the meeting.
4. The agenda of the meetings of the Commission shall be determined by mutual agreement of the Parties. Extraordinary meetings may only deal with the subjects indicated in the notice of the meeting, unless otherwise agreed by the Parties.
5. Decisions of the Commission shall be taken by consensus.
Article 3. Minutes
1. The Chair of the meeting shall be responsible for drawing up the minutes of the meetings of the Commission, which shall record the topics discussed and the decisions adopted, in accordance with the approved agenda.
2. At the end of the meeting, the minutes shall be submitted to the representatives of the Contracting Parties for approval. In the case of extraordinary meetings held by videoconference, the minutes shall be signed through diplomatic channels.