(a) To monitor the implementation of the cooperation framework agreed in this Agreement by the parties;
(b) To make recommendations on the cooperation activities under this chapter, in accordance with the strategic priorities of the Parties. To this end, it shall advise the respective specialists areas and items and may establish standing or ad hoc Sub-Committees;
(c) Inform the Commission of their agreements, as well as the results of its work and deliberations within the framework of this Agreement, and of specific cooperative activities undertaken pursuant to this Agreement;
(d) Review through regular reports of each party, the functioning of this chapter and the application and fulfillment of its objectives.
2. For the purposes of the implementation of this chapter, the Joint Committee shall include among its members representatives of the General Directorate of International Economic Relations of Chile and the Ministry of Commerce, Industry and Tourism of Colombia or of institutions in their times.
Article 10.10. Definitions
For purposes of this chapter:
Competent authorities in energy, means:
(a) In the case of Chile, the National Commission on energy; and
(b) In the case of Colombia, the Ministry of Mines and Energy.
Joint Committee means the joint committee referred to in article VI of the Basic Cooperation Agreement;
Basic Cooperation Agreement means the basic technical and scientific cooperation agreement between the Republic of Colombia and the Republic of Chile, signed on 16 July 1991;
Chapter 20. General Provisions
Article 20.1. Annexes and Appendices and the Footnotes
The annexes and appendices and the footnotes to this Agreement constitute an integral part of it.
Article 20.2. Relation to other International Agreements
The Parties confirm their rights and obligations existing between them in accordance with the WTO Agreement, the Montevideo Treaty 1980 and other international agreements to which both parties are party.
Article 20.3. Succession of Agreements
Any reference to another international agreement shall be made on the same terms for a successor agreement to which the parties are party.
Article 20.4. Scope of Obligations
The Parties shall take all necessary measures to implement the provisions of this Agreement in their respective territories.
Article 20.5. Dissemination of Information
Nothing in this Agreement shall be construed as requiring a party to disclose or allow access to information the disclosure of which would be:
(a) Contrary to the public interest in accordance with its legislation;
(b) Contrary to its laws, including but not limited to the protection of privacy or the accounts and financial affairs of individual customers of financial institutions;
(c) Would impede law enforcement; or
(d) That might prejudice the legitimate commercial interests of particular public or private enterprises in accordance with its domestic legislation.
Article 20.6. Confidentiality
Where a Party providing information to the other Party in accordance with the provisions of this Agreement and indicate that the information is confidential, the other Party shall maintain the confidentiality of such information, in accordance with its domestic legislation. this information shall be used only for the purposes specified above, and will not be disclosed without the specific permission of the party providing the information, unless such information is to be disclosed in the context of judicial proceedings.
Article 20.7. Anti-corruption
Declaration of Principles
1. The parties affirm their commitment to prevent and combat corruption, including bribery in international trade and investment.
2. The parties undertake to promote, facilitate and support international cooperation in the prevention of and fight against corruption.
Cooperation in international fora
3. The Parties recognize the importance of regional and multilateral initiatives to prevent and combat corruption, including bribery in international trade and investment. the parties shall work jointly to encourage and support appropriate initiatives in relevant international fora.
4. The parties reaffirm their existing rights and obligations under the Inter-American Convention against Corruption in 1996 and work in the implementation of measures to prevent and combat corruption consistent with
The United Nations Convention against Corruption of 2003.
Article 20.8. Activities Based on Capital or Assets of Illicit Origin
The parties undertake to combat activities based on capital assets of illicit origin or avoiding extend protection to foreign investments related to such activities.
Chapter 21. Exceptions
Article 21.1. General Exceptions
1. For the purposes of chapters 3 to 7 (trade in goods and trade facilitation, rules of origin, sanitary and phytosanitary measures and technical barriers to trade) and the Programme of release, according to article 22.3.3 (effect), article XX of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof, mutatis mutandis. the parties understand that the measures referred to in article XX (b) of GATT 1994 include environmental measures necessary to protect the life and health of humans or animals, plant and that article XX (g) of GATT 1994 applies to measures relating to the conservation of natural resources whether living or non-living exhaustible.
2. For the purposes of ten chapters (cross-border trade in services), article XIV of GATS (including its footnotes) is incorporated into this Agreement and form part of the same. (1) the parties understand that the measures referred to in article XIV (b) of GATS include environmental measures necessary to protect the life and health of humans, animals or plant.
Article 21.2. Essential Security
Nothing in this Agreement shall be construed as:
(a) To require a party to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) Prevent a Party from adopting measures necessary for the protection of its essential security interests
(i) Relating to the traffic in arms, ammunition and tools, and to traffic in or other goods and materials relating to the supply of services as carried out directly or indirectly for the purpose of supplying or provisioning a military establishment;
(ii) Taken in time of war or other emergency in international relations;
(iii) Relating to fissionable and fusionable materials or the materials to those in which they are derived; or
(c) Prevent a Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 21.3. Public Order
For greater certainty, the parties understand that nothing in this Agreement shall be construed as preventing a party maintains or adopts measures With respect to natural persons of the other party designed to preserve public order, (2) provided that the measure referred to is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination.
Article 21.4. Taxation
1. Except as provided in this article nothing in this Agreement shall apply to Taxation Measures.
2. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. in the event of any inconsistency between this Agreement and any such conventions, the Convention shall prevail to the extent of the inconsistency. in the case of a tax convention between the parties, the competent authorities under that Convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that Convention.
3. Notwithstanding paragraph 2:
(a) Article 3.1 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that article shall apply to taxation measures to the same extent as article III of the GATT 1994; and
(b) Article 3.2 (export taxes) shall apply to taxation measures.
4. Subject to paragraph 2:
(a) Article 10.2 (National Treatment) shall apply to measures taxation on income or capital gains on the capital tributable undertakings relating to the purchase or consumption of particular services except that nothing in this subparagraph shall prevent a party from conditioning the receipt of an advantage or which shall continue to receive the same relating to the purchase or consumption of particular services on the service requirements to provide in its territory; and
(b) Articles 9.2 (National Treatment) and article 9.3 (most-favoured-nation treatment), National Treatment) (Articles 10.2 and 10.3 (most-favoured-nation treatment) apply to all taxation measures other than those on income or capital gains on the capital tributable companies, property tax, inheritance, gifts and transfers to jump generations (generation-skipping transfers),
None of the articles referred to in subparagraphs (a) and (b) apply:
(c) Any most-favored-nation obligation with respect to the benefits accorded by a Party pursuant to a tax convention;
(d) No dissenting A provision of any existing taxation measure;
(e) The continuation or prompt renewal of a provision of any dissenting existing taxation measure;
(f) To an amendment to A provision of any existing taxation measure dissenting, both in the amendment does not decrease, at the time of his grade in accordance with any of those articles;
(g) To the adoption or enforcement of any taxation measure aimed at ensuring the imposition or collection of taxes in a fair and effective (as permitted by article XIV (d) of GATS); or
(h) A provision that the conditions to benefit or continues to obtain the same, with respect to the contributions to or income of pension plans and funds, provided that the Party maintain continuous jurisdiction over the pension plan or funds.
5. Subject to paragraph 2 and without prejudice to the rights and obligations of the Parties under paragraph 3. paragraphs 2, 3 and 4 of Article 9.6 (performance requirements) shall apply to taxation measures.
6. Article 9.10 (expropriation and compensation) and Article 9.16 (submission of a claim to arbitration) shall apply to taxation as a measure that sealega expropiatoria. however, no investor may invoke article 9.10 (expropriation and compensation) as the basis of a claim where it has been determined pursuant to this paragraph that the measure is not an expropriation. an investor that seeks to invoke Article 9.10 (expropriation and compensation) with respect to a taxation measure must first refer the matter to the Competent Authorities identified in annex 21.4, when giving notice of intent under Article 9.16 (submission of a claim to arbitration), so that such authorities determine whether the measure constitutes an expropriation. if the competent authorities do not agree to consider the issue or having agreed to consider it fail to agree on the ground that the measure is not an expropriation within a period of six (6) months after they have been subjected the matter, the investor may submit its claim to arbitration under article 9.16 (submission of a claim to arbitration).
Article 21.5. Difficulties In the Balance of Payments
1. If a party experiences serious difficulties in their balance of payments and external financial or threat thereof, or the risk of them live, may adopt or maintain restrictive measures with regard to trade in goods and services and with regard to payments and capital movements, including those related to the investment.
2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1.
3. Restrictive measures adopted or maintained under this article shall be non-discriminatory and of limited duration and shall not go beyond what is necessary to remedy the balance of payments and external financial. they shall be in accordance with the conditions established in the WTO Agreements and consistent with the Articles of Agreement or articles of agreement of the International Monetary Fund, as appropriate.
Article 21.6. Definitions
For purposes of this chapter:
Tax convention means a convention for the avoidance of double taxation or other international agreement or arrangement and taxation;
Taxes and Taxation Measures do not include:
(a) Charges;
(b) Anti-dumping or countervailing duties; or
(c) Fee or other charge in connection with importation commensurate with the cost of services rendered.
Chapter 22. Final Provisions
Article 22.1. Amendments, Modifications and Additions
1. The parties may agree on any amendment or modification of or addition to this Agreement.
2. The amendments and additions and amendments, agreed previously approved in accordance with the applicable legal procedures of each Party shall constitute an integral part of this Agreement.
Article 22.2. Amendment of the WTO Agreement
If any provision of the WTO agreement that the parties have incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement.
Article 22.3. Validity
1. The entry Entry into Force of this Agreement is subject to the completion of necessary domestic legal procedures by each party.
2. This Agreement shall enter into force sixty (60) days after the date on which the parties exchange written notifications indicating that they have completed the procedures outlined above or within such other period as the parties agree.
3. The parties will be governed by this free trade agreement which constitutes an additional protocol to the existing 24 ACE, maintain the same only the following articles 1, annexes and protocols: (1)
(a) Articles 3 to 6 of chapter II (release programme) and article 10;
(b) Annexes 1 to 5;
(c) the protocols: First Additional Protocol; Second Additional Protocol; Third Additional Protocol; Fourth Additional Protocol, except for Article 3 (certification of origin form); Fifth Additional Protocol; Sixth Additional Protocol; and Seventh Additional Protocol; and
(e) Resolution 06/2006, which is included as Annex I to the Minutes of the IV Extraordinary Meeting of the Administrative Commission of ACE 24.
4. Chapter 4 (rules of origin), the importer may apply for the implementation of the EPAs 24, for a period of thirty (30) days after the Entry into Force of this Agreement. for this purpose, the certificates of origin issued under ACE 24, shall have been completed prior to the Entry into Force of this Agreement, be valid and enforceable until the time limit.
Article 22.4. Provisional Application
Without prejudice to article 22.3, Colombia may give provisional application to this Agreement before its Entry into Force. provisional application shall cease at the time that Colombia notify Chile intended not become a party to the Agreement, or intends to suspend the provisional application.
Article 22.5. Denunciation
1. Any Party may denounce this Agreement by means of a written notification addressed to the other party. the termination of this Agreement shall take effect on the one hundred and eighty (180) days after the date of such notification.
2. The rights and obligations of chapter 9 (investment) shall remain in force for a further period of ten (10) years from the date of the notification of denunciation of the Agreement to covered investments.
Article 22.6. Accession
1. In accordance with the Montevideo Treaty 1980, this Agreement shall be open for accession by negotiation prior to the other member countries of ALADI.
2. Accession shall be formalized once negotiated terms between the parties and the acceding country, through the conclusion of an additional protocol to this Agreement shall enter into force thirty (30) days after being deposited with the General Secretariat of ALADI.
Article 22.7. Convergence
The Parties shall promote alignment of this Agreement integration agreements with other Latin American countries, in accordance with the mechanisms established in the Montevideo Treaty 1980.
Article 22.8. Future Negotiations
Tourism
1. The parties agree to conclude an agreement between the respective competent organs of the tourism sector to develop joint technical cooperation and assistance.
Financial Services
2. The Parties shall meet within two (2) years after the Entry into Force of this Agreement, to negotiate a chapter on Financial Services on a mutually advantageous basis. to this end, the competent authorities to undertake the necessary coordination.
Telecommunications
3. The parties to undertake in a period not exceeding six (6) months after the Entry into Force shall commence contacts to negotiate a chapter of telecommunications services on a mutually advantageous basis, which shall be determined by the competent authorities.
Conclusion
In WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement in duplicate equally authentic.
Done at Santiago, Chile, at the twenty-seventh day of November 2006.
FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE
FOR THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
Attachments
Annex I . Explanatory Note
1. A Party's Schedule to this Annex indicates, in accordance with Articles 9.8 and 10.6 (Non-Conforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by:
(a) Articles 9.2 or 10.2 (National Treatment);
(b) Articles 9.3 or 10.3 (Most Favoured Nation Treatment);
(c) Article 10.4 (Local Presence)
(d) Article 10.5 (Market Access);
(e) Article 9.6 (Performance Requirements);
(f) Article 9.7 (Senior Executives and Boards of Directors).
2. Each tab in the annex sets out the following elements:
(a) Sector refers to the sector in general for which the record has been made;
(b) Sub-sector refers to the specific sector for which the fiche has been made;
(c) Obligations concerned specifies the obligation(s), referred to in paragraph 1, which, by virtue of Articles 9.8.1(a) and 10.6.1(a) (Non-Conforming Measures), do not apply to the listed measure(s);
(d) Measures identifies the laws, regulations or other measures for which the record has been made. A measure cited in the Measures element:
(i) means the measure as modified, continued, or renewed, as of the date of entry into force of this Agreement, and
(ii) includes any action subordinate to, taken or maintained under the authority of, and consistent with, such action;
(e) Description provides a general description of the Measure and sets out the liberalisation commitments, if any, at the date of entry into force of this Agreement.
3. In interpreting a schedule entry all elements of the entry shall be considered. A fiche shall be interpreted in the light of the relevant provisions of the Chapter against which the fiche is taken. The Measures element shall prevail over all other elements unless any discrepancy between the Measures element and the other elements, considered as a whole, is so substantial and significant that it would be unreasonable to conclude that the Measures element should prevail; in this case, the other elements shall prevail to the extent of that discrepancy. Notwithstanding the above, where the Description element provides for liberalisation commitments, it shall prevail over the other elements.
4. In accordance with Articles 9.8.1(a) and 10.6.1(a) (Non-Conforming Measures), the Articles of this Agreement specified in the Affected Obligations element of a Schedule do not apply to the law, regulation, or other measure identified in the Measures element of that Schedule.
5. Where a Party maintains a measure that requires a service supplier to be a national, permanent resident, or resident in its territory as a condition for the supply of a service in its territory, an Annex tab made for that measure in relation to Articles 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.4 (Local Presence) shall operate as a schedule to Article 9.2 (National Treatment), 9.3 (Most-Favored-Nation Treatment), or 9.6 (Performance Requirements) with respect to such measure.
6. For the purposes of this Agreement, it shall be understood that formalities enabling the conduct of business, such as measures requiring: registration under domestic law, an address, legal representation, an operating licence or permit, need not be reserved in Annexes I and II with respect to Articles 9.2 and 10.2 (National Treatment) or 10.4 (Local Presence) of the Agreement, provided that the measure does not impose a requirement to establish an operational office or other ongoing business presence as a condition for the provision of the service in the country.
Annex I . Chile
Sector: All Sectors
Subsector:
Obligations concerned:
National Treatment (Article 9.2)
Measures: Decreto Ley 1939, Diario Oficial, November 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Title I.
Decreto con Fuerza de Ley 4 del Ministerio de Relaciones Exteriores, Diario Oficial, November 10, 1967.