Chile - United Arab Emirates CEPA (2024)
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Article 18.12. Suspension and Termination of Proceedings

1. If the Parties so agree, the panel shall suspend its work at any time for a period agreed by the Parties and not exceeding 12 consecutive months from the date of such agreement. In the event of a suspension of the work of the panel, the relevant time frames set out in this Chapter and in the Rules of Procedure shall be extended by the same amount of time for which the work of the panel was suspended. The panel shall resume its work before the end of the suspension period at the written request of the Parties. If the work of the panel is suspended for more than 12 consecutive months, the panel proceedings shall lapse and the dispute settlement procedure shall be terminated unless the Parties agree otherwise.

2. The Parties may agree to terminate the proceedings of the panel by jointly notifying the chair of the panel at any time before the issuance of the report to the Parties.

Article 18.13. Reports

1. The interim and final reports of the panel shall be drafted without the presence of the Parties. The panel shall base its reports on the relevant provisions of this Agreement and the submissions and arguments of the Parties and may take into account any other relevant information provided to it.

2. Opinions expressed in the reports by the panellists shall be anonymous. Subject to the agreement between the Parties, the reports shall include any separate opinions on matters not unanimously agreed, not disclosing which panellists are associated with majority or minority opinions.

Article 19.14. Interim Report

1. The panel shall present an interim report to the Parties within 90 days of its establishment. In exceptional cases, if the panel considers that it cannot present the interim report within that timeframe, it shall inform the Parties in writing of the reasons for the delay with an estimate date on which the panel will issue its report. A delay shall not exceed an additional period of 30 days unless the Parties agree otherwise.

2. The interim report shall contain:

(a) a descriptive section summarising the development of the panel procedure, including a summary of the arguments of the Parties;

(b) its findings on the facts of the case and on the applicability of this Agreement; 

(c) its determination on whether the measure is consistent or not with this Agreement or whether a Party has otherwise failed to carry out its obligations in this Agreement;

(d) if the Parties have jointly requested them, its recommendations for the resolution of the dispute, and (e) its reasons for the findings and determinations.

3. A Party may submit written comments to the panel on its interim report within 15 days of the date of the presentation of the interim report.

4. After considering any written comments by the Parties on the interim report, the panel may modify the interim report and make any further examination it considers appropriate.

Article 18.15. Final Report

1. The panel shall present a final report to the Parties, no later than 120 days of the date of its establishment. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its final report. Under no circumstances shall the delay exceed 30 days after the deadline, unless the Parties agree otherwise

2. The final report may include a discussion of any written comments made by the Parties on the interim report. The final report shall provide the content of Article 18.14.

3. After taking any steps to protect confidential information, and no later than 15 days after the presentation of the final report, the Parties may make available the final report to the public unless the Parties otherwise agree.

4. The final report shall be binding on the Parties.

Article 18.16. Compliance of the Final Report

1. If the panel determines that the measure at issue is inconsistent with a Party’s obligations in this Agreement or the respondent Party has otherwise failed to carry out its obligations in this Agreement, the respondent Party shall eliminate the non-conformity. 

2. If immediate compliance of the final report is not practicable, the respondent Party shall, no later than 20 days after delivery of the final report, notify the complaining Party of the intended length of the reasonable period of time necessary for compliance with the final report.

Article 18.17. Reasonable Period of Time for Compliance

1. The Parties shall endeavour to agree on the reasonable period of time required for compliance with the final report. If the Parties fail to agree on the reasonable period of time within 20 days after the date of receipt of the notification pursuant to Article 18.16.2, the complaining Party may request in writing to the panel to determine the reasonable period of time. Such request shall be notified simultaneously to the other Party.

2. The panel shall deliver its decision to the Parties on the above referenced reasonable period of time within 20 days of the date of submission of the request.

3. The length of the reasonable period of time for compliance with the final report may be extended by mutual agreement of the Parties.

Article 18.18. Non-Implementation – Compensation and Suspension of Benefits

1. Where the responding Party considers it has complied with the obligation under Article 18.16.1, it shall notify the complaining Party without delay. The responding Party shall include in the notification a description of any measure it considers achieves compliance sufficient to allow the complaining Party to assess the measure, as well as the date the measure comes into effect, and the text of the measure, if any.

2. If:

(a) following the expiry of the reasonable period of time established in accordance with Article 18.17, there is disagreement between the Parties as to whether the responding Party has eliminated the non-conformity, or

(b) the responding Party has notified the complaining Party that it does not intend to, or that it is impracticable to, eliminate the non-conformity,

the responding Party shall, upon request of the complaining Party, enter into consultations with the complaining Party no later than 15 days after receipt of that request, with a view to developing mutually acceptable compensation.

3. If the Parties fail to agree on compensation within 30 days after the date of receipt of the request for compensation referred to in paragraph 2, or have agreed on compensation but the responding Party has failed to observe the terms and conditions of that agreement, the complaining Party may provide written notice to the responding Party that it intends to suspend benefits equivalent to the level of the nullification or impairment caused by the non- conformity.

4. The notice referred to in paragraph 3 shall specify the level of benefits that the Party intends to suspend and indicate the relevant sector or sectors in which the complaining Party intends to suspend such benefits. The complaining Party may begin suspending benefits 30 days after the date on which it provides notice under paragraph 3 or the date the panel issues its determination under paragraph 9, whichever is later.

5. In considering what benefits to suspend, the complaining Party shall apply the following principles: (a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that in which the panel has determined non-conformity to exist, and (b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in a different sector or sectors. In the written notice referred to in paragraph 3, the complaining Party shall indicate the reasons on which its decision to suspend benefits in a different sector or sectors is based.

6. The level of benefits that the complaining Party intends to suspend shall not exceed the level equivalent to the nullification or impairment caused by the non-conformity.

7. The compensation and suspension of benefits shall be temporary measures. Neither compensation nor the suspension of benefits is preferred to full implementation through elimination of the non-conformity. The suspension shall only be applied until such time as the non-conformity is fully eliminated or until a mutually satisfactory solution is reached. 8. If the responding Party considers that:

(a) it has observed the terms and conditions of the compensation agreement;

(b) the level of benefits intended to be suspended is not equivalent to the level of nullification or impairment caused by the non-conformity; 

(c) the complaining Party has failed to follow the principles set out in paragraph 5, or

(d) it has eliminated the non-conformity that the panel has determined to exist,

it may, no later than 30 days after the date of the written notice provided by the complaining Party under paragraph 3, request in writing that the original panel be reconvened to consider the matter. The responding Party shall simultaneously deliver its request to the complaining Party.

9. If a request is made pursuant to paragraph 8, the original panel shall reconvene as soon as possible after the date of delivery of the request and shall present its determination to the Parties no later than 60 days after it reconvenes, or if the original panel cannot be reconvened with its original panellists, after the date on which the last panellist is appointed.

10. In the event the panel determines that the level of benefits the complaining Party intends to suspend is not equivalent to the level of nullification or impairment caused by the non-conformity, it shall determine the level of benefits it considers to be of equivalent level of nullification or impairment. In the event the panel determines that the responding Party has observed the terms and conditions of the compensation agreement, the complaining Party shall not suspend concessions or other obligations referred to in paragraph 3. In the event the panel determines that the complaining Party has not followed the principles set out in paragraph 5, the complaining Party shall apply them consistently with that paragraph.

11. Unless the panel has determined that the responding Party has eliminated the non-conformity, the complaining Party may suspend benefits up to the level the panel has determined under paragraph 10 or, if the panel has not determined the level, the level the complaining Party has intended to suspend under paragraph 4.

Article 18.19. Compliance Review

1. Without prejudice to the procedures in Article 18.18, if a responding Party considers that it has eliminated the non-conformity found by the panel, it may refer the matter to the panel by providing a written notice to the complaining Party. The panel shall issue its report on the matter no later than 90 days after the responding Party provides written notice.

2. If the panel determines that the responding Party has eliminated the non-conformity, the complaining Party shall promptly reinstate any benefits suspended under Article 18.18.

Article 18.20. Remuneration and Expenses

1. Each Party shall bear the cost of its appointed panellist at its own expenses. The cost of the chair of a panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares.

2. Each Party shall bear its own expenses and legal costs derived from the participation in the panel proceedings.

Article 18.21. Mutually Agreed Solution

1. The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time.

2. If a mutually agreed solution is reached during the panel procedure, the Parties shall jointly notify that solution to the chairperson of the panel. Upon such notification, the panel procedure shall be terminated.

3. Each Party shall take measures necessary to implement the mutually agreed solution immediately or within the agreed time period, as applicable.

4. No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.

Article 18.22. Time Periods

1. All time periods set out in this Chapter shall be counted in calendar days from the day following the act to which they refer.

2. Any time period referred to in this Chapter may be modified by mutual agreement of the Parties. 

Chapter 19. EXCEPTIONS

Article 19.1. General Exceptions

1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Administrations and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures) and Chapter 6 (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative note are incorporated into and made part of this Agreement, mutatis mutandis.

2. For the purposes of Chapter 8 (Trade in Services) and Chapter 9 (Digital Trade), Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis.

Article 19.2. Security Exceptions

1. Nothing in this Agreement shall be construed:

(a) to require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests;

(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials, or relating to the supply of services, as carried on directly or indirectly for the purpose of supplying or provisioning a military establishment, or

(iii) taken in time of war or other emergency in international relations, or

(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. 

2. A Party taking action under paragraphs 1(b) and (c) shall inform the Joint Committee, to the fullest extent possible, of measures taken and of their termination.

Article 19.3. Taxation Measures

1. For the purposes of this Article: designated authorities means:

(a) for Chile, the Minister of Finance (Ministro de Hacienda) or an authorised representative of the Minister, and

(b) for the UAE, the Minister of Finance or an authorised representative of the Minister;

tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement to which the Parties are party, and

taxes and taxation measures include excise duties, but do not include:

(a) a customs duty as defined in Article 1.3 (General Definitions), or

(b) the measures listed in subparagraphs (b) and (c) of that definition.

2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

3. This Agreement shall apply to taxation measures only to the same extent as does Article III of the GATT 1994.

4. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency.

5. If an issue arises as to whether any inconsistency exists between this Agreement and a tax convention, the issue shall be referred to the designated authorities. The designated authorities shall determine the existence and the extent of such inconsistency. A determination made under this paragraph by the designated authorities shall be binding. 

Article 19.4. Balance-of-Payments Measures

1. The Parties shall endeavour to avoid the imposition of restrictive measures for balance-of-payments purposes.

2. Any measure taken for balance-of-payments purposes shall be in accordance with that Party’s rights and obligations under the GATT 1994, including the Understanding on the Balance-of-Payments Provisions of the GATT 1994, and Article XII of the GATS, including on payments, transfers or capital movements, as applicable. A Party shall publish or notify the other Party of any restrictive measures adopted or maintained, or any changes therein, to the extent that it does not duplicate the process under the WTO and the International Monetary Fund.

3. Nothing in this Chapter shall be regarded as altering the rights enjoyed and obligations undertaken by a Party as a party to the Articles of the Agreement of the International Monetary Fund, as may be amended. 1.

Chapter 20. ADMINISTRATION OF THE AGREEMENT

Article 20.1. Joint Committee

1. The Parties hereby establish a Joint Committee.

2. The Joint Committee shall comprise representatives of each Party and be co-chaired by:

(a) for Chile, the Undersecretary of International Economic Relations, or its designee, and

(b) for the UAE, the Minister of State for Foreign Trade, or its designee.

Article 20.2. Procedures of the Joint Committee

1. The Joint Committee shall hold its first meeting within one year of the date of entry into force of this Agreement. Thereafter, the Joint Committee shall meet at least every two years in regular session. The Joint Committee shall also meet in special session without undue delay from the date of a request thereof from either Party.

2. The meetings of the Joint Committee shall take place in person or by any other means as determined by the Parties. Meetings that take place in person shall be held alternately in the territories of the Parties, unless the Parties agree otherwise.

3. The Joint Committee shall establish its own rules of working procedures at its first meeting.

4. The Joint Committee shall adopt its decisions and recommendations by consensus.

Article 20.3. Functions of the Joint Committee

1. The Joint Committee shall:

(a) consider any matter relating to the implementation or operation of this Agreement;

(b) review and assess the results and overall implementation or operation of this Agreement; 

(c) consider and recommend to the Parties amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement;

(d) supervise the work of all subcommittees and working groups established under this Agreement;

(e) establish the accession process referred to in Article 21.3.4 (Accession);

(f) establish the Rules of Procedure referred to in Article 18.11.9 (Proceedings of Arbitral Panels), and, if appropriate, amend those Rules, and

(g) establish the Code of Conduct referred to in Article 18.10.5(c) (Composition of Arbitral Panels).

2. The Joint Committee may: (1)

(a) adopt decisions to develop:

(i) the Schedules of Tariff Commitments set out in Annex 2A and Annex 2B;

(ii) the List of Product Specific Rules set out in Annex 3A;

(iii) the Schedules set out in Annex 10 to Chapter 10 (Government Procurement), and

(iv) other provisions of this Agreement that require further implementation, where applicable;

(b) establish, refer matters to, or consider matters raised by, standing or ad hoc subcommittees or working groups;

(c) if requested by either Party, issue interpretations of the provisions of this Agreement, which shall be binding, and (d) carry out any other actions as may be agreed by the Parties.

(1) For Chile, the actions of the Joint Committee may be implemented through executive agreements (acuerdos de ejecución), in accordance with Chilean law.

Article 20.4. Contact Points and Communications

1. Each Party shall designate an overall contact point to facilitate communications between the Parties on any matter covered by this Agreement. Each Party shall notify the other Party in writing of its contact point no later than 60 days after the date of entry into force of this Agreement.

2. All communications between the Parties in relation to this Agreement shall be in the English language. 

Chapter 21. FINAL PROVISIONS

Article 21.1. Annexes and Footnotes

The Annexes and footnotes to this Agreement constitute an integral part of this Agreement.

Article 21.2. Amendments

1. The Parties may agree in writing to amend this Agreement.

2. Without prejudice to paragraph 1, either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation. Amendments to this Agreement shall, after recommendation by the Joint Committee, be submitted to the Parties.

3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 21.5, unless otherwise agreed by the Parties.

Article 21.3. Accession

1. This Agreement shall be open for accession by any country or group of countries. Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between the country or group of countries and the Parties.

2. A country or group of countries may seek to accede to this Agreement by submitting a request in writing through diplomatic channels to the Parties.

3. Subject to the terms and conditions agreed pursuant to paragraph 1, the acceding country or group of countries shall become a Party to this Agreement 90 days after the date of which all the Parties, including the acceding country or group of countries, have notified in writing through diplomatic channels that they have completed their respective applicable internal legal procedures.

4. In addition to this Article, the accession process shall be carried out in accordance with the procedure for accession to be adopted by the Joint Committee. 

5. Notwithstanding the above paragraphs, this Article shall not be construed to prevent a Party to this Agreement from entering into bilateral or multilateral negotiations with any country or group of countries who seeks to accede to this Agreement.

Article 21.4. Duration and Termination

1. This Agreement shall be in force for an indefinite period.

2. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect 180 days after the date of the notification.

Article 21.5. Entry Into Force

Unless the Parties agree otherwise, this Agreement shall enter into force 90 days following the date of the last diplomatic note by which the Parties inform each other that they have completed all necessary requirements and internal legal procedures for the entry into force of this Agreement.

Article 21.6. Future Work Programme

1. The Parties shall, within the first year of the entry into force of this Agreement, initiate, on a mutually advantageous basis, negotiations on financial services, including payment and transfer, and trade and environment.

2. The results of the negotiations referred to in paragraph 1 shall form an integral part of this Agreement.

3. The Parties reaffirm their commitment to finalise the ongoing negotiations of an agreement on a bilateral investment and expedite the process.

4. The Parties agree to establish a work plan for the protection of geographical indications under this Agreement, while recognising the Parties’ different regulatory approaches.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at Abu Dhabi, on 29 July 2024, in duplicate, in the English language. The Arabic and the Spanish translation of this Agreement shall be exchanged through diplomatic channels within 60 days after the signature of this Agreement. All texts of this Agreement, including the translation into Arabic and Spanish, shall be equally authentic. In the event of any inconsistency between those texts, the English text shall prevail.

For the Government of the Republic of Chile

For the Government of the United Arab Emirates

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  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 General Definitions 1
  • Article   1.4 Relation to other Agreements 1
  • Article   1.5 Central, Regional and Local Government 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 Definitions 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination or Reduction of Customs Duties 1
  • Article   2.5 Classification of Goods 1
  • Article   2.6 Temporary Admission 1
  • Article   2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.8 Goods Returned or Re-Entered after Repair or Alteration 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Import Licensing 1
  • Article   2.11 Customs Valuation 1
  • Article   2.12 Export Subsidies 1
  • Article   2.13 Transparency 1
  • Article   2.14 Export Duties, Taxes, or other Charges 1
  • Article   2.15 Administrative Fees and Formalities 1
  • Article   2.16 Non-Tariff Measures 1
  • Article   2.17 State Trading Enterprises 1
  • Article   2.18 Exchange of Data 1
  • Article   2.19 Subcommittee on Trade In Goods 1
  • Chapter   3 RULES OF ORIGIN 1
  • Article   3.1 Definitions 1
  • Section   A Origin Determination 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Sufficient Working or Production 2
  • Article   3.5 Intermediate Goods 2
  • Article   3.6 Accumulation 2
  • Article   3.7 Tolerance (De Minimis) 2
  • Article   3.8 Insufficient Operations and Processes (Minimum Operations and Processes) 2
  • Article   3.9 Indirect Materials 2
  • Article   3.10 Accessories, Spare Parts, Tools 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 2
  • Article   3.12 Packaging Materials and Containers for Transportation and Shipment 2
  • Article   3.13 Fungible Goods and Materials 2
  • Article   3.14 Sets of Goods 2
  • Section   B Territoriality and Transit 2
  • Article   3.15 Principle of Territoriality 2
  • Article   3.16 Outward Processing 2
  • Article   3.17 Transit and Transshipment 2
  • Article   3.18 Free Economic Zones or Free Zones 2
  • Article   3.19 Third Party Invoicing 2
  • Section   C Origin Certification 2
  • Article   3.20 Proof of Origin 2
  • Article   3.21 Certificate of Origin In Paper Format 2
  • Article   3.22 Electronic Data Origin Exchange System 2
  • Article   3.23 Origin Declaration 2
  • Article   3.24 Self-Certification of Origin 2
  • Article   3.25 Application and Examination of Application for a Certificate of Origin 2
  • Article   3.26 Certificate of Origin Issued Retrospectively 2
  • Article   3.27 Loss of the Certificate of Origin 2
  • Article   3.28 Importation by Instalments 3
  • Article   3.29 Treatment of Erroneous Declaration In the Certificate of Origin 3
  • Article   3.30 Treatment of Minor Discrepancies 3
  • Article   3.31 Waiver of Certification of Origin 3
  • Article   3.32 Customs Duty Refund 3
  • Section   D Cooperation and Origin Verification 3
  • Article   3.33 Denial of Preferential Tariff Treatment 3
  • Article   3.34 Treatment of Subsequent Imports 3
  • Article   3.35 Verification 3
  • Article   3.36 Verification Visits 3
  • Article   3.37 Record Keeping Requirement 3
  • Article   3.38 Confidentiality 3
  • Article   3.39 Contact Points 3
  • Article   3.40 Mutual Assistance 3
  • Section   E Consultation and Modifications 3
  • Article   3.41 Consultation and Modifications 3
  • Chapter   4 CUSTOMS ADMINISTRATIONS AND TRADE FACILITATION 3
  • Article   4.1 General Provisions 3
  • Article   4.2 Transparency 3
  • Article   4.3 Advance Rulings 3
  • Article   4.4 Review and Appeal 3
  • Article   4.5 Penalties 3
  • Article   4.6 Use of Automated Systems 3
  • Article   4.7 Express Shipments 3
  • Article   4.8 Risk Management 3
  • Article   4.9 Post-clearance Audit 3
  • Article   4.10 Authorised Economic Operator - AEO 4
  • Article   4.11 Single Windows for Foreign Trade 4
  • Article   4.12 Release of Goods 4
  • Article   4.13 Article 4.13: Border Agency Coordination 4
  • Article   4.14 Confidentiality 4
  • Article   4.15 Cooperation 4
  • Article   4.16 Contact Points 4
  • Article   4.17 Subcommittee on Customs Administration and Trade Facilitation 4
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.1 Definitions 4
  • Article   5.2 Objectives 4
  • Article   5.3 Scope and Coverage 4
  • Article   5.4 General Obligations 4
  • Article   5.5 Transparency and Exchange of Information 4
  • Article   5.6 Adaptation to Regional Conditions 4
  • Article   5.7 Equivalence 4
  • Article   5.8 Risk Analysis 4
  • Article   5.9 Subcommittee on Sanitary and Phytosanitary Measures 4
  • Article   5.10 Cooperation 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objective 4
  • Article   6.3 Scope 4
  • Article   6.4 Incorporation of the TBT Agreement 4
  • Article   6.5 International Standards 4
  • Article   6.6 Technical Regulations 4
  • Article   6.7 Conformity Assessment Procedures 4
  • Article   6.8 Transparency 4
  • Article   6.9 Cooperation and Trade Facilitation 4
  • Article   6.10 Information Exchange and Technical Discussions 5
  • Article   6.11 Contact Points 5
  • Article   6.12 Subcommittee on Technical Barriers to Trade 5
  • Chapter   7 TRADE REMEDIES 5
  • Article   7.1 Scope 5
  • Article   7.2 Anti-Dumping and Countervailing Measures 5
  • Article   7.3 Global Safeguard Measures 5
  • Article   7.4 Non-Application of Dispute Settlement 5
  • Chapter   8 TRADE IN SERVICES 5
  • Article   8.1 Definitions 5
  • Article   8.2 Scope and Coverage 5
  • Article   8.3 Most-Favoured Nation Treatment 5
  • Article   8.4 Market Access 5
  • Article   8.5 National Treatment 5
  • Article   8.6 Additional Commitments 5
  • Article   8.7 Schedules of Specific Commitments 5
  • Article   8.8 Domestic Regulation 5
  • Article   8.9 Recognition 5
  • Article   8.10 Monopolies and Exclusive Service Suppliers 5
  • Article   8.11 Business Practices 6
  • Article   8.12 Denial of Benefits 6
  • Article   8.13 Review and Modification of Schedules 6
  • ANNEX 8A  SCHEDULE OF SPECIFIC COMMITMENTS. CHILE 6
  • ANNEX 8B  SCHEDULE OF SPECIFIC COMMITMENTS UNITED ARAB EMIRATES 7
  • Chapter   9 DIGITAL TRADE 7
  • Article   9.1 Definitions 7
  • Article   9.2 Objectives 7
  • Article   9.3 Scope 7
  • Article   9.4 Paperless Trading 7
  • Article   9.5 Electronic Invoicing 8
  • Article   9.6 Digital Authentication and Digital Signatures 8
  • Article   9.7 Customs Duties 8
  • Article   9.8 Non-Discriminatory Treatment of Digital Products 8
  • Article   9.9 Online Consumer Protection 8
  • Article   9.10 Unsolicited Commercial Electronic Messages 8
  • Article   9.11 Information and Communication Technology Products That Use Cryptography 8
  • Article   9.12 Principles on Access to and Use of the Internet for Electronic Commerce 8
  • Article   9.13 Personal Data Protection 8
  • Article   9.14 Cross-Border Transfer of Information by Electronic Means 8
  • Article   9.15 Location of Computing Facilities 8
  • Article   9.16 Open Government Data 8
  • Article   9.17 Source Code 8
  • Article   9.18 Artificial Intelligence 8
  • Article   9.19 Cybersecurity Cooperation 8
  • Article   9.20 Domestic Electronic Transactions Framework 8
  • Article   9.21 Electronic Payments 8
  • Article   9.22 Digital Identities 8
  • Article   9.23 Cooperation 8
  • Chapter   10 GOVERNMENT PROCUREMENT 8
  • Article   10.1 Definition 9
  • Article   10.2 Objectives 9
  • Article   10.3 Scope 9
  • Article   10.4 Exceptions 9
  • Article   10.5 General Principles 9
  • Article   10.6 Publication of Procurement Information 9
  • Article   10.7 Notices of Intended Procurement 9
  • Article   10.8 Conditions for Preparation 9
  • Article   10.9 Qualification of Suppliers 9
  • Article   10.10 Limited Tendering 10
  • Article   10.11 Negotiations 10
  • Article   10.12 Technical Specifications 10
  • Article   10.13 Tender Documentation 10
  • Article   10.14 Time Periods 10
  • Article   10.15 Treatment of Tenders and Awarding of Contracts 10
  • Article   10.16 Transparency and Post-Award Information 10
  • Article   10.17 Disclosure of Information 10
  • Article   10.18 Ensuring Integrity In Procurement Process 10
  • Article   10.19 Domestic Review 10
  • Article   10.20 Modifications and Rectification of Schedules 10
  • Article   10.21 Facilitation of Participation by SMEs 10
  • Article   10.22 Language 10
  • Article   10.23 Review 10
  • Chapter   11 INTELLECTUAL PROPERTY 10
  • Section   A General Provisions 10
  • Article   11.1 Definition 10
  • Article   11.2 Objectives 11
  • Article   11.3 Abuse of Intellectual Property Rights 11
  • Article   11.4 Protection and Enforcement of Intellectual Property Rights 11
  • Article   11.5 International Agreements 11
  • Article   11.6 Intellectual Property and Public Health 11
  • Article   11.7 National Treatment 11
  • Article   11.8 Transparency 11
  • Article   11.9 Application of Chapter to Existing Subject Matter and Prior Acts 11
  • Article   11.10 Exhaustion of Intellectual Property Rights 11
  • Section   B Cooperation 11
  • Article   11.11 Cooperation Activities and Initiatives 11
  • Article   11.12 Patent Cooperation 11
  • Section   C Trademarks 11
  • Article   11.13 Types of Signs Registrable as Trademarks 11
  • Article   11.14 Collective and Certification Marks 11
  • Article   11.15 Use of Identical or Similar Signs 11
  • Article   11.16 Exceptions 11
  • Article   11.17 Well-Known Trademarks 11
  • Article   11.18 Procedural Aspects of Examination, Opposition and Cancellation 11
  • Article   11.19 Electronic Trademarks System 11
  • Article   11.20 Classification of Goods and Services 11
  • Article   11.21 Term of Protection for Trademarks 11
  • Article   11.22 Non-Recordal of a License 11
  • Article   11.23 Domain Names 11
  • Section   D Country Names 11
  • Article   11.24 Country Names 11
  • Section   E Geographical Indications 11
  • Article   11.25 Recognition of Geographical Indications 11
  • Article   11.26 Administrative Procedures for the Protection of Geographical Indications 11
  • Article   11.27 Date of Protection of a Geographical Indication 11
  • Section   F Patent (6) 11
  • Article   11.28 Grace Period 11
  • Article   11.29 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patent 11
  • Article   11.30 Amendments, Corrections, and Observations 11
  • Article   11.31 Exceptions 11
  • Section   G Industrial Design 11
  • Article   11.32 Grace Period 11
  • Article   11.33 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Industrial Design 11
  • Article   11.34 Amendments, Corrections and Observations 11
  • Article   11.35 Industrial Design Protection 12
  • Article   11.36 Exceptions 12
  • Section   H Copyright and Related Rights 12
  • Article   11.37 Definitions 12
  • Article   11.38 Right of Reproduction 12
  • Article   11.39 Right of Communication to the Public 12
  • Article   11.40 Right of Distribution 12
  • Article   11.41 Related Rights 12
  • Article   11.42 Term of Protection for Copyright and Related Rights 12
  • Article   11.43 Limitations and Exceptions 12
  • Article   11.44 Balance In Copyright and Related Rights Systems 12
  • Article   11.45 Contractual Transfers 12
  • Article   11.46 Obligations Concerning Technological Protection Measures 12
  • Article   11.47 Obligations Concerning Rights Management Information 12
  • Article   11.48 Collective Management 12
  • Section   I Enforcement 12
  • Article   11.49 General Obligation In Enforcement 12
  • Article   11.50 Border Measures 12
  • Chapter   12 INVESTMENT PROMOTION 12
  • Article   12.1 Scope 12
  • Article   12.2 Objectives 12
  • Article   12.3 Council on Investment Promotion 12
  • Article   12.4 Role of the Council 12
  • Article   12.5 Non-Application of Dispute Settlement 12
  • Chapter   13 GLOBAL VALUE CHAINS 12
  • Article   13.1 General Provisions 12
  • Article   13.2 Economic Cooperation Activities 12
  • Article   13.3 Subcommittee on Global Value Chains 12
  • Article   13.4 Contact Points 12
  • Article   13.5 Non-Application of Dispute Settlement 12
  • Chapter   14 TRADE AND WOMEN’S ECONOMIC EMPOWERMENT 12
  • Article   14.1 Context 12
  • Article   14.2 Objectives 13
  • Article   14.3 General Provisions 13
  • Article   14.4 Cooperation Activities 13
  • Article   14.5 Contact Points 13
  • Article   14.6 Non-Application of Dispute Settlement 13
  • Chapter   15 SMALL AND MEDIUM-SIZED ENTERPRISES 13
  • Article   15.1 General Principles 13
  • Article   15.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 13
  • Article   15.3 Information Sharing 13
  • Article   15.4 Subcommittee on SME Issues 13
  • Article   15.5 Non-Application of Dispute Settlement 13
  • Chapter   16 ECONOMIC COOPERATION 13
  • Article   16.1 Objectives 13
  • Article   16.2 Scope 13
  • Article   16.3 Annual Work Programme on Economic Cooperation Activities 13
  • Article   16.4 Competition Policy 13
  • Article   16.5 Trade and Environment 13
  • Article   16.6 Cooperation on Labour Matters 14
  • Article   16.7 Resources 14
  • Article   16.8 Means of Cooperation 14
  • Article   16.9 Cooperative Framework 14
  • Article   16.10 Subcommittee on Economic Cooperation 14
  • Article   16.11 Corporate Social Responsibility 14
  • Article   16.12 Non-Application of Dispute Settlement 14
  • Chapter   17 TRANSPARENCY 14
  • Article   17.1 Publication 14
  • Article   17.2 Confidential Information 14
  • Article   17.3 Administrative Proceedings 14
  • Article   17.4 Review and Appeal 14
  • Article   17.5 Measures Against Corruption 14
  • Article   17.6 Relation to other Chapters 14
  • Chapter   18 DISPUTE SETTLEMENT 14
  • Article   18.1 Definitions 14
  • Article   18.2 Cooperation 14
  • Article   18.3 Scope 14
  • Article   18.4 Choice of Forum 14
  • Article   18.5 Consultations 14
  • Article   18.6 Good Offices, Conciliation and Mediation 14
  • Article   18.7 Establishment of a Panel 14
  • Article   18.8 Terms of Reference 14
  • Article   18.9 Composition of Panels 14
  • Article   18.10 Functions of Panels 14
  • Article   18.11 Proceedings of Panels 14
  • Article   18.12 Suspension and Termination of Proceedings 15
  • Article   18.13 Reports 15
  • Article   19.14 Interim Report 15
  • Article   18.15 Final Report 15
  • Article   18.16 Compliance of the Final Report 15
  • Article   18.17 Reasonable Period of Time for Compliance 15
  • Article   18.18 Non-Implementation – Compensation and Suspension of Benefits 15
  • Article   18.19 Compliance Review 15
  • Article   18.20 Remuneration and Expenses 15
  • Article   18.21 Mutually Agreed Solution 15
  • Article   18.22 Time Periods 15
  • Chapter   19 EXCEPTIONS 15
  • Article   19.1 General Exceptions 15
  • Article   19.2 Security Exceptions 15
  • Article   19.3 Taxation Measures 15
  • Article   19.4 Balance-of-Payments Measures 15
  • Chapter   20 ADMINISTRATION OF THE AGREEMENT 15
  • Article   20.1 Joint Committee 15
  • Article   20.2 Procedures of the Joint Committee 15
  • Article   20.3 Functions of the Joint Committee 15
  • Article   20.4 Contact Points and Communications 15
  • Chapter   21 FINAL PROVISIONS 15
  • Article   21.1 Annexes and Footnotes 15
  • Article   21.2 Amendments 15
  • Article   21.3 Accession 15
  • Article   21.4 Duration and Termination 15
  • Article   21.5 Entry Into Force 15
  • Article   21.6 Future Work Programme 15