Article 4.10. Authorised Economic Operator - AEO
1. Each customs administration of the Parties shall adopt the implementation and strengthening of its national Authorized Economic Operator programme (“AEO”) in accordance with the WCO Framework of Standards to Secure and Facilitate Global Trade (“WCO SAFE Framework”).
2. In order to facilitate trade and enhance compliance and risk management between them, the customs administrations of the Parties shall promote and work toward the signing of mutual recognition arrangements or agreements on AEO of the Parties.
Article 4.11. Single Windows for Foreign Trade
The Parties shall endeavour to implement and promote their single window, enabling traders to submit documentation or data requirements for importation, exportation, or transit of goods through a single-entry point to the participating authorities or agencies. The Parties shall endeavour to work on the interoperability between them.
Article 4.12. Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that: (a) provide for the immediate release of goods upon receipt of the customs declaration and fulfillment of all applicable requirements and procedures;
(b) provide for advance electronic submission and processing of information before the physical arrival of goods with a view to expediting the release of goods upon arrival;
(c) allow goods, to be released at the point of arrival, without temporary transfer to warehouses or other facilities;
(d) allow for the release of goods prior to the final determination of customs duties, taxes, fees, and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all other regulatory requirements have been met, (3) and
(e) require that the importer be informed if a Party does not promptly release goods, including, to the extent permitted by its law, the reasons why the goods are not released and which border agency, if not the customs administration, has withheld release of the goods.
3. Each Party shall, provided that all regulatory requirements have been met, endeavor to adopt or maintain a procedure for the release of perishable goods in order to permit prompt customs clearance.
4. Nothing in this Article requires a Party to release a good if its requirements for release have not been met nor prevents a Party from liquidating a security deposit in accordance with its law.
5. Each Party may allow, to the extent practicable and in accordance with its customs laws, goods intended for import to be moved within its territory under customs control from the point of entry into the Party’s territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.
Article 4.13. Article 4.13: Border Agency Coordination
Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this Chapter.
Article 4.14. Confidentiality
1. If a Party provides information to the other Party in accordance with this Chapter, the other Party shall keep that information confidential. Such information shall not be made publicly available by a Party without the expressed permission of the Party that provided the information or the person that provided the information to that Party.
2. Any information pertaining to Customs exchanged under this Agreement shall be treated as confidential pursuant to the terms set forth in the CMAA upon the entry into force of the CMAA.
Article 4.15. Cooperation
1. The Parties shall cooperate, as appropriate, on customs and trade facilitation matters. Such cooperation may include:
(a) cooperate in the research, development and application of new customs procedures, in the training and exchange of personnel, in sharing of best practices, and in other matters of mutual interest;
(b) collaborating on the customs-related aspects of securing and facilitating the international trade supply chain in accordance with WCO SAFE Framework;
(c) exploring the possibility of developing joint initiatives, including the exchange of best practices and technical assistance, as well as towards ensuring an effective service to the business community. Cooperation may include fields such as new technologies for customs procedures, developing training programs for customs officers, among others;
(d) strengthening their cooperation in the field of customs in international organisations such as the World Trade Organization (WTO) and the World Customs Organization (WCO), and
(e) sharing their respective experiences in developing and deploying their single window systems, as well as their respective implementation of data standards and elements in accordance with the World Customs Organization (WCO) and its Data Model;
2. The Parties shall provide each other with mutual administrative assistance in customs matters under the CMAA upon the entry into force of the CMAA.
3. Assistance under this Article shall be provided in accordance with the law of the requested party.
Article 4.16. Contact Points
1. The Parties designate the following contact points: (a) for Chile, the Undersecretariat of International Economic Relations, or its successor, and (b) for the UAE, the Federal Authority of Identity, Citizenship, Customs and Port Security.
2. The Parties shall notify each other promptly of any amendment to the details of their contact points. 3. The contact points shall:
(a) facilitate the discussions, requests and exchange of information pertaining to this Chapter in a timely manner;
(b) consult and, if appropriate, coordinate with the relevant governmental authorities in its territory related to any matter arising from this Chapter, and
(c) carry out any other additional responsibilities that the Parties may agree.
Article 4.17. Subcommittee on Customs Administration and Trade Facilitation
1. The Parties hereby establish a Subcommittee on Customs Administration and Trade Facilitation (“Subcommittee”). The Subcommittee shall be composed of representatives of the Parties and shall be co-chaired by a representative of each Party.
2. The functions of the Subcommittee shall be to:
(a) monitor the implementation and administration of this Chapter;
(b) follow up on the various developments, application and enforcement of customs procedures pertaining to the implementation of this Chapter, and
(c) report on its activities and findings, and make recommendations, as required, to the Joint Committee.
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
Article 5.1. Definitions
1. For the purposes of this Chapter: competent authority means a government body of each Party responsible for measures and matters referred to in this Chapter.
2. The definitions in Annex A of the SPS Agreement are incorporated into and shall form part of this Chapter, mutatis mutandis.
3. The relevant definitions developed by the Codex Alimentarius Commission (hereinafter referred to as “Codex”), the World Organization for Animal Health (hereinafter referred to as “WOAH”) and the International Plant Protection Convention (hereinafter referred to as “IPPC”) apply to this Chapter.
Article 5.2. Objectives
The objectives of this Chapter are to:
(a) facilitate implementation of the SPS Agreement and applicable international standards, guidelines and recommendations developed by the relevant international organizations defined by the SPS Agreement;
(b) facilitate bilateral trade in food, plants and animals, including their products, while protecting human, animal or plant life or health in the territory of each Party;
(c) increase mutual understanding of each Party’s regulations and procedures relating to the implementation of sanitary and phytosanitary measures;
(d) provide a means to improve communication and cooperation on sanitary and phytosanitary issues, and
(e) provide means to resolve issues on sanitary and phytosanitary arising from the implementation of this Agreement.
Article 5.3. Scope and Coverage
This Chapter applies to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
Article 5.4. General Obligations
1. The Parties reaffirm their rights and obligations with respect to each other under the SPS Agreement.
2. The Parties shall cooperate in relevant international bodies engaged in work on sanitary and phytosanitary related issues, including the WTO SPS Committee, Codex, WOAH, and IPPC.
Article 5.5. Transparency and Exchange of Information
1. The Parties recognize the value of transparency in the adoption and application of sanitary and phytosanitary measures and the importance of sharing information about such measures on an ongoing basis.
2. In implementing this Chapter, the Parties confirm their commitment to the transparency provisions set out in Article 7, Annex B of the SPS Agreement and relevant Decisions and Recommendations on transparency adopted by the WTO Committee on Sanitary and Phytosanitary Measures, taking into account relevant international standards, guidelines, and recommendations.
3. Each Party shall notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of the other Party, including any that conforms to international standards, guidelines, or recommendations, by using the SPS Agreement notification submission system as a means of notification. To table text on providing written responses to comments in a timely manner.
4. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with the other Party, on request and if appropriate and feasible, any scientific or trade concerns that the other Party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the objective of the measure.
5. The exporting Party shall notify in writing to the importing Party in a timely and appropriate manner if it has knowledge of:
(a) a significant change or urgent situation of a sanitary or phytosanitary risk or status in its territory that may affect current trade between the Parties, or
(b) significant changes in food safety, pest, or disease management, control, or eradication policies or practices that may affect current trade between the Parties.
6. A Party shall promptly provide, upon request of the other Party, all sanitary or phytosanitary measures related to the importation of a good into that Party’s territory.
7. Each Party shall provide, upon request of the other Party, information on results of import checks in case of rejected or non-compliant consignments, including the scientific basis for such rejections.
Article 5.6. Adaptation to Regional Conditions
1. The Parties recognize that the principle of adaptation to regional conditions, including pest-free areas and areas of low pest disease prevalence, as provided for under Article 6 of the SPS Agreement, has mutual benefits for both Parties.
2. The Parties shall strengthen cooperation on recognition of regional conditions and follow the procedures in accordance with the decisions adopted by the WTO SPS Committee and relevant international standards, guidelines and recommendations in accordance with Annex A of the SPS Agreement.
3. For these purposes, the Parties may agree in advance specific procedures or protocols.
Article 5.7. Equivalence
1. The Parties recognize that the principle of equivalence, as set out in Article 4 of the SPS Agreement, is an important tool for facilitating trade for the mutual benefit of the Parties.
2. Compliance by an exported product with SPS measures or standards of the exporting Party that has been accepted as equivalent to SPS measures and standards of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party.
3. The Parties shall follow the procedures for determining the equivalence of sanitary and phytosanitary measures and standards developed by the WTO SPS Committee and relevant international standard-setting bodies in accordance with Annex A of the SPS Agreement, mutatis mutandis.
Article 5.8. Risk Analysis
1. The Parties recognize the principle of risk assessment, as set out in Article 5 of the SPS Agreement. Sanitary and phytosanitary measures adopted by the Parties shall be based on assessment of risk for human, animal health and infectious diseases of animals and pests of plants in accordance with the risk assessment techniques adopted by the relevant international standard-setting bodies.
2. The initiation of a risk assessment process should not interrupt the existing bilateral trade of that product, except in the case of a justified emergency situation.
3. When conducting a risk assessment process, each Party shall consider the Decisions and Recommendations adopted by the WTO SPS Committee and international standards, guidelines and recommendations from Codex, WOAH and IPPC.
4. Each Party shall select a risk management option that is not more trade restrictive than required to achieve the sanitary or phytosanitary objective.
Article 5.9. Subcommittee on Sanitary and Phytosanitary Measures
1. The Parties hereby establish a Subcommittee on Sanitary and Phytosanitary Measures (“SPS Subcommittee”) with the objective of ensuring the implementation of this Chapter. The SPS Subcommittee shall be comprised of representatives of each Party who have responsibility for the development, implementation, and enforcement of sanitary and phytosanitary measures.
2. The SPS Subcommittee shall seek to enhance cooperation between the Parties’ agencies with responsibility for sanitary and phytosanitary measures.
3. For the purposes of the effective implementation and operation of this Chapter, the functions of the SPS Subcommittee shall be to provide a forum for:
(a) enhancing mutual understanding of each Party’s sanitary and phytosanitary measures and the regulatory processes that relate to those measures;
(b) discussion on matters related to the development or application of sanitary and phytosanitary measures that affect or may affect trade between the Parties;
(c) consulting on issues relating to the meetings of the WTO SPS Committee, Codex, WOAH and IPPC;
(d) coordinating technical cooperation programs on sanitary and phytosanitary measures;
(e) improving bilateral understanding related to specific implementation issues concerning the SPS Agreement;
(f) addressing any bilateral issues arising from the implementation of sanitary and phytosanitary measures between the Parties, and
(g) reviewing progress on addressing sanitary and phytosanitary measures that may arise between the competent authorities.
4. The SPS Subcommittee shall meet annually, unless otherwise agreed.
5. The SPS Subcommittee shall establish its own rules of procedure during its first meeting, which shall include the establishment of contact points and responsible competent authorities for the implementation of this Chapter.
Article 5.10. Cooperation
1. The Parties shall cooperate to facilitate the implementation of this Chapter.
2. The Parties shall explore opportunities for further cooperation and collaboration on sanitary or phytosanitary measures of mutual interest, in a manner consistent with the provisions of this Chapter.
Chapter 6. TECHNICAL BARRIERS TO TRADE
Article 6.1. Definitions
For the purposes of this Chapter, the definitions set out in Annex 1 to the TBT Agreement shall apply, mutatis mutandis.
Article 6.2. Objective
The objective of this Chapter is to facilitate trade, including by preventing and eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting bilateral cooperation and good regulatory practices in accordance with the rights and obligations of the Parties with respect to the TBT Agreement.
Article 6.3. Scope
This Chapter applies to all standards, technical regulations, and conformity assessment procedures, as defined in the TBT Agreement that may, directly or indirectly, affect trade in goods between the Parties. This Chapter shall not apply to:
(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies, and
(b) sanitary and phytosanitary measures, which are covered by Chapter 5 (Sanitary and Phytosanitary Measures).
Article 6.4. Incorporation of the TBT Agreement
The Parties reaffirm their existing rights and obligations with respect to each other under the TBT Agreement, and to this end the following provisions of the TBT Agreement are incorporated into and made part of this Agreement, mutatis mutandis:
(a) Article 2;
(b) Article 4.1;
(c) Article 5;
(d) Article 6.1, 6.3, and
(e) Annex 3, except for paragraph A.
Article 6.5. International Standards
1. Each Party shall use relevant international standards, guides, and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and conformity assessment procedures.
2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall base its determination on the principles set out in the “Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement”, adopted on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (Annex 2 to PART 1 of G/TBT/1/Rev13), and any subsequent version thereof.
3. The Parties shall encourage cooperation between their respective national standardizing organizations in areas of mutual interest, in the context of their participation in international standardising bodies, to ensure that international standards developed within such organizations are trade facilitating and do not create unnecessary obstacles to international trade.
Article 6.6. Technical Regulations
1. The Parties shall use international standards as a basis for preparing their technical regulations, unless those international standards are ineffective or inappropriate for achieving the legitimate objective pursued. Each Party shall, upon request of the other Party, provide its reasons for not having used international standards as a basis for preparing its technical regulations.
2. Each Party shall give positive consideration to a request by the other Party to accept as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
3. Where a Party does not accept the request of the other Party as specified in paragraph 2, it shall, upon request of the other Party, explain the reasons for its decision.
4. The Parties shall strengthen communications and coordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade.
Article 6.7. Conformity Assessment Procedures
1. The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Such mechanisms may include:
(a) recognizing existing international multilateral recognition agreements and arrangements among conformity assessment bodies;
(b) promoting mutual recognition of conformity assessment results by the other Party, through recognising the other Party’s designation of conformity assessment bodies;
(c) encouraging voluntary arrangements between conformity assessment bodies in the territory of each Party;
(d) reliance on a supplier’s declaration of conformity, where appropriate;
(e) harmonising criteria for the designation of conformity assessment bodies, including accreditation procedures, or
(f) other mechanisms agreed by the Parties.
2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
3. In order to enhance confidence in the consistent reliability of conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.
4. Each Party shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. If a Party declines such a request, it shall explain the reasons for its decision.
5. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.
Article 6.8. Transparency
1. Each Party shall, upon request of the other Party, provide information, including the objective of, and rationale for, a technical regulation or conformity assessment procedure which the Party has adopted or proposes to adopt and may affect the trade between the Parties, within a reasonable period of time as agreed between the Parties.
2. When a proposed technical regulation is submitted for public consultation or notified to the WTO, a Party shall give appropriate consideration to the comments received from the other Party and, upon request of the other Party, provide written answers to the comments made by the other Party.
3. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are publicly available.
4. Each Party shall allow a reasonable interval between the publication of technical regulations and their entry into force, that shall normally mean a period of not less than six months, except when this period would be ineffective or inappropriate to fulfil the legitimate objectives pursued, or where urgent issues of safety, health, environmental protection, or national security arise or threaten to arise.
Article 6.9. Cooperation and Trade Facilitation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective systems;
(b) enhancing cooperation between the Parties’ regulatory agencies on matters of mutual interests, including health, safety, and environmental protection;
(c) facilitating trade by implementing good regulatory practices, and
(d) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives set out in paragraph 1, the Parties shall, as mutually agreed and to the extent possible, cooperate on regulatory issues, and promote trade facilitation, which may include:
(a) promoting good regulatory practices based on risk management principles;
(b) promoting the use of good regulatory practices to improve the efficiency and effectiveness of standards, technical regulations, and conformity assessment procedures;
(c) exchanging information with a view to improving the quality and effectiveness of their technical regulations;