Article 37.
The Contracting Parties shall promote the facilitation of transportation services and shall encourage their efficient operation in the land, river, lake, maritime and air areas, in order to provide adequate conditions for the better circulation of goods and persons, in response to the increased demand that will result from the expanded economic space.
Title XIV. TRANSPORT
Article 38.
The Contracting Parties agree to be governed by the provisions of the International Land Transport Convention of the Southern Cone and its subsequent amendments.
The Agreements concluded by MERCOSUR up to the date of subscription of this Agreement are listed in Annex 15.
The Administrative Commission shall identify those Agreements concluded within the framework of MERCOSUR whose application by both Contracting Parties is of common interest.
Article 39.
To the goods manufactured in the territory of MERCOSUR or Chile that transit through the territory of the other Party, with destination to third markets, no restrictions may be applied to transit or free circulation in the respective territories, without prejudice to the provisions set forth in Title X of this Agreement.
Article 40.
The Contracting Parties may establish, by means of Additional Protocols to this Agreement, specific rules and commitments in land, river, maritime and air transportation that fall within the framework indicated in the rules of this Title and establish the deadlines for their implementation.
XV. INVESTMENTS
Article 41.
Bilateral agreements on reciprocal promotion and protection of investments, subscribed between Chile and the States Parties of MERCOSUR, shall remain in full force and effect. in full force and effect.
XVI. DOUBLE TAXATION
Article 42.
In order to encourage reciprocal investments, the Contracting Parties shall endeavor to enter into agreements to avoid double taxation. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax treaty entered into or to be entered into in the future.
Title XVII. INTELLECTUAL PROPERTY
Article 43.
The Contracting Parties shall be governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights, included in Annex 1(C) of the Agreement establishing the WTO. of the Agreement Establishing the WTO.
Title XVIII. SCIENTIFIC AND TECHNOLOGICAL COOPERATION
Article 44.
The Contracting Parties shall encourage the development of joint actions aimed at the execution of cooperation projects for scientific and technological research. They will also try to carry out programs for the dissemination of the progress achieved in this field. For these purposes, the Agreements on Sectorial, Scientific and Technological Cooperation in force between the Signatory Parties to this Agreement shall be taken into account.
Article 45.
The cooperation may provide for different forms of execution and shall include the following modalities:
(a) Exchange of knowledge and of research results and experiences;
b) Exchange of information on technology, patents and licenses; c) Exchange of goods, materials, equipment and services necessary to carry out projects;
c) Exchange of goods, materials, equipment and services necessary for the execution of specific projects;
d) Joint research in the scientific and technological area with a view to the practical use of the results obtained;
e) Organization of seminars, symposiums and conferences;
f) Joint research for the development of new products and manufacturing techniques, production administration and technological management;
g) Other forms of scientific and technical cooperation aimed at favoring the development of the Signatory Parties.
Title XIX. ADMINISTRATION AND EVALUATION OF THE AGREEMENT
Article 46.
The administration and evaluation of this Agreement will be in charge of an Administrative Commission integrated by the MERCOSUR Common Market Group and the Ministry of Foreign Affairs of Chile, through the General Directorate of International Economic Relations. The Administrative Commission shall be constituted within sixty (60) calendar days from the date of the subscription of this Agreement and at its first meeting it shall establish its internal rules of procedure. The Administrative Commission shall adopt its decisions by consensus of the Parties.
Article 47.
The Administrative Commission shall have the following attributions:
(a) To ensure compliance with the provisions of this Agreement and its Additional Protocols and Annexes;
b) To determine in each case the modalities and terms in which the negotiations aimed at the achievement of the objectives of the present Agreement shall be carried out, being able to constitute working groups for such purpose;
c) To periodically evaluate the progress of the release program and the general operation of this Agreement, submitting annually to the Contracting Parties a report thereon, as well as on the fulfillment of the general objectives set forth in Article 1 of this Agreement;
d) To contribute to the settlement of disputes in accordance with the provisions of Annex 14, and to carry out the negotiations provided for in Article 22 of this Agreement;
e) To develop and approve a Safeguards Regime within the time period set forth in Article 21 of this Agreement, and to follow up on the same;
f) To follow up on the application of the trade disciplines agreed upon between the Contracting Parties, such as rules of origin, safeguard clauses, defense of competition and unfair trade practices;
g) To establish, when appropriate, procedures for the application of the trade disciplines contemplated in this Agreement and to propose to the Contracting Parties possible modifications to such disciplines if necessary;
h) To convene the Signatory Parties to comply with the objectives set forth in Title X of this Agreement relating to the Harmonization of Standards and Technical Regulations, Sanitary and Phytosanitary Measures, and other measures;
i) To establish mechanisms to ensure the active participation of the representatives of the productive sectors;
j) To review the Trade Liberalization Program in cases where one of the Contracting Parties substantially modifies
j) Review the Trade Liberalization Program in cases where one of the Contracting Parties substantially modifies, in a selective and/or generalized manner, its general tariffs;
k) Evaluate and propose a treatment for the automotive sector (finished vehicles) -before the fourth year of effectiveness of this Agreement- in order to improve the conditions of access to their respective markets;
l) To carry out the other tasks entrusted to the Administrative Commission by virtue of the provisions of this Agreement, its the provisions of the present Agreement, its Additional Protocols and other Instruments signed within its scope, or
signed within its scope, or by the Parties;
Title XX. GENERAL PROVISIONS
Article 48.
As from the date of entry into force of this Agreement, the Contracting Parties decide to terminate the negotiated tariff preferences and the regulatory aspects related to them, contained in the Partial Scope Agreements of Economic Complementation Nº 16 and 4, Renegotiation Agreements Nº 3 and 26 and the Trade Agreements subscribed within the framework of the Treaty of Montevideo 1980. However, the provisions of such Agreements that are not incompatible with this Agreement or when they refer to matters not included in this Agreement shall remain in force.
Article 49.
Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting or applying measures pursuant to Article 50 of the Treaty of Montevideo 1980 or Articles XX or XXI of the General Agreement on Tariffs and Trade 1994, without prejudice to the provisions of Title X of this Agreement.
Article 50.
This Agreement replaces, for all purposes, the tariff treatments, origin regime and safeguard clauses in force between the Contracting Parties. The exception is the Market Opening List granted by the Republic of Chile in favor of the Republic of Paraguay.
Article 51.
The Contracting Party that "grants advantages, favour, exemptions and immunities and privileges to products originating in or destined for any other member State or non-member of ALADI, by decisions or agreements that are not covered by the Montevideo Treaty 1980 shall:
a) Inform the other party within fifteen (15) days of the signed agreement, accompanying the text of the Agreement and its supplementary instruments.
b) At the same time announce the provision to negotiate within ninety (90) days, equivalent to those granted concessions and received in a comprehensive manner.
c) In the event of failure to reach a mutually satisfactory solution in the negotiations provided for in subparagraph (b), the parties shall negotiate equivalent compensation within ninety (90) days.
d) If no agreement is reached in the negotiations referred to in paragraph (c), the Party concerned may have recourse to the dispute settlement procedure in force in this Agreement.
Title XXI. CONVERGENCE
Article 52.
On the occasion of the Evaluation and Convergence Conference referred to in Article 33 of the Treaty of Montevideo 1980, the Contracting Parties shall examine the possibility of proceeding to the progressive multilateralization of the treatments provided for in this Agreement.
Title XXII. ADHESION
Article 53.
In compliance with the provisions of the Treaty of Montevideo 1980, this Agreement is open to the accession, through prior negotiation, of the other ALADI member countries. member countries of ALADI.
The accession shall be formalized once its terms have been negotiated between the Contracting Parties and the acceding country, through the execution of an Additional Protocol to this Agreement, which shall enter into force 30 days after being deposited with the General Secretariat of ALADI.
Title XXIII. CURRENT
Article 54.
This Agreement shall enter into force on October 1, 1996 and shall be of indefinite duration.
Title XXIV. REPORT
Article 55.
The Contracting Party wishing to withdraw from this Agreement shall communicate its decision to the other signatory countries 60 days prior to the deposit of the respective instrument of denunciation with the General Secretariat of ALADI. As of the formalization of the denunciation, the rights acquired and obligations assumed under this Agreement shall cease for the denouncing Contracting Party, maintaining those related to the Trade Liberalization Program, the non-application of non-tariff measures and other aspects that the Contracting Parties, together with the denouncing Party, may agree within 60 days after the formalization of the denunciation. These rights and obligations shall continue in force for a period of one (1) year from the date of deposit of the respective instrument of denunciation, unless the Contracting Parties agree on a different term. The cessation of obligations with respect to the commitments adopted in matters of investments, infrastructure works, energy integration and others that may be agreed upon, shall be governed by the provisions of the Protocols agreed upon in these matters.
Title XXV. AMENDMENTS AND ADDITIONS
Article 56.
The amendments or additions to this Agreement may only be made by agreement of the Parties. They shall be submitted to the Administrative Commission for approval and formalized by means of a Protocol.
Title XXVI. DEPOSITORY
Article 57.
The General Secretariat of ALADI shall be the depository of this Agreement, of which it shall send duly authenticated copies to the Contracting Parties.
Conclusion
Done at Potrero de los Funes, province of San Luis, Argentina, 25 days of the month of June 1996, in seven copies in Spanish and Portuguese, all being equally valid.