Chile - Colombia FTA (2006)
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(b) Actions, capital and other forms of equity participation in an enterprise;

(c) Bonds, debentures and other debt instruments of an enterprise loans, (16) but does not include a loan to or debt instrument or a state enterprise;

(d) Futures, options and other derivatives;

(e) Contractual rights, including turnkey or construction, management, production of participation in the granting of earnings and other similar contracts;

(f) Intellectual Property Rights;

(g) Rights conferred pursuant to domestic law, including concessions, licences and permits and authorizations and; (17)

(h) Other property rights tangible or intangible, movable or immovable property and related property rights, such as leases, mortgages, liens and pledges guarantees;

But investment does not mean:

(a) Performance in a judicial or administrative proceedings;

(b) A loan of one party to the other party; or

(c) The debt of the State and its public institutions.

Investors of non- means a Party with respect to a Party that seeks to perform an investor, which is making (18) or has made an investment in the territory of that Party that is not an investor of either party;

An investor of a Party means a Party or a state enterprise thereof, or a national of that Party or an enterprise that seeks to perform (19) is making, or has made an investment in the territory of the other party; whereas, however, that a natural person who is a dual national shall be deemed to be exclusively a national of the state of his or her dominant and effective nationality;

The free use means currency Currency "free" as determined in accordance with the Articles of Agreement of the International Monetary Fund;

Designated monopoly means an entity, including a consortium or government agency that in any relevant market in the territory of a Party is designated or is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an intellectual property right solely by virtue of such award;

A Party not combatant means that the Party is not a party to a dispute concerning an investment;

Litigants party means either the claimant or the respondent;

"parties means the claimant and the respondent;

The UNCITRAL Arbitration Rules means the Arbitration Rules of the United Nations International Law Commission on International Trade Law;

ICSID Additional Facility Rules means the Rules of the additional facility for the administration of proceedings by the secretariat of the International Centre for Settlement of Investment Disputes;

Secretary-General means the Secretary-General of ICSID; and

A tribunal means an arbitration tribunal established under Articles 9.16 or 9.25.

(16) Some forms of debt, such as bonds, debentures and long-term notes, are more likely to have the characteristics of an investment, while other forms of debt, such as claims arising from commercial contracts or claims for payment due immediately as a result of the sale of goods or services, are less likely to have these characteristics.
(17) Whether a particular right conferred under domestic law, such as that referred to in subparagraph (g), has the characteristics of an investment depends on factors such as the nature and extent of the holder's rights under the Party's law. Among the rights that do not have the characteristics of an investment are those that do not create rights protected by domestic law. For greater certainty, this is without prejudice to whether an asset associated with such a right has the characteristics of an investment.
(18) It will be understood that an investor has the purpose of making an investment when it has carried out the essential actions necessary to make such investment, such as channeling resources for the constitution of the capital of a company, obtaining permits or licenses, among others.
(19) It will be understood that an investor has the purpose of making an investment when it has carried out the essential actions necessary to make such investment, such as channeling resources for the constitution of the capital of a company, obtaining permits or licenses, among others.

Annex 9-A. Customary International Law

The Parties confirm their mutual understanding that "customary international law" referred to in article 9.4 is of a general practice and bottle operative States, followed by them in the context of a legal obligation. With respect to article 9.4, the minimum standard of treatment of aliens by customary international law refers to all customary international law principles that protect the economic rights and interests of aliens.

Annex 9-B. Payments and transfers

With respect to the obligations contained in article 9.9, each Party shall reserve the functions and powers of the central banks, to maintain or adopt measures in accordance with its applicable legislation, in the case of Chile, Act No. 18.840 constitutional organic, of the Central Bank of Chile, or other legal; and in the case of Colombia, Act No. 31, 1992 or other legal; to ensure the stability of the currency and the normal functioning of the internal and external payment costing US $500,000 as powers for this purpose, the regulation of the amount of money and credit in circulation, the execution of credit transactions and international changes, as also make rules in the field of monetary, financial and credit of international changes.

As part of these measures, including the establishment of requirements which restrict or limit transfers (current payments and capital movements) to or from each party and operations which relate to them, e.g. establish that deposits or investments from loans, or intended to be subject to the obligation to maintain a reserve requirement or deposit. in applying measures under this annex in accordance with its domestic law, the Parties shall not discriminate between the other party and a non- party in respect of transactions of the same nature.

Annex 9-C. Expropriation

The Parties confirm their mutual understanding that:

1. An action or a series of actions by a party cannot constitute an expropriation unless it interferes with a tangible or intangible property right or with the essential attributes or powers of the domain of an investment.

2. Article 9.10.1 addresses two situations. the first is where an expropriation, direct investment is expropriated or nationalized otherwise directly through formal transfer of title or the right of ownership.

3. The second situation is addressed by article 9.10.1 indirect expropriation, where an action or a series of actions by a Party has an effect equivalent to expropriation without direct formal transfer of ownership.

(a) The determination of whether an action or a series of actions by a Party in a specific fact situation, constitutes an indirect expropriation requires a factual investigation, on a case-by-case basis to consider, among other factors:

(i) The economic impact of the Government Action although the fact that an action or a series of actions by a Party has an adverse effect on the economic value of an investment alone does not establish that an indirect expropriation has occurred;

(ii) The extent to which the Government Action interferes with clear and reasonable expectations of investment; and

(iii) The character of the Government action.

(b) Except in exceptional circumstances, do not constitute indirect expropriations non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate objectives public welfare. (20)

(20) For greater certainty, examples of legitimate public welfare objectives are public health, safety and the environment.

Annex9-D. Decree Law 600 - Chile

1. Decree Law 600 (1974), Foreign Investment Statute, is a voluntary and special investment regime for Chile.

2. As an alternative to the ordinary regime for the entry of capital into Chile, in order to invest in Chile, potential investors may apply to the Foreign Investment Committee to be subject to the regime established by Decree Law 600.

3. The obligations and commitments contained in this Chapter do not apply to Decree Law 600, Foreign Investment Statute, to Law 18.657 on Foreign Capital Investment Funds, to the continuation or prompt renewal of such laws and amendments thereto, or to any special and/or voluntary investment regime that may be adopted in the future by Chile.

4. For greater certainty, the Chilean Foreign Investment Committee has the right to reject investment applications through Decree Law 600 and Law 18,657. In addition, the Chilean Foreign Investment Committee has the right to regulate the terms and conditions to which foreign investment made pursuant to Decree Law 600 and Law 18,657 will be subject.

Annex 9-E. Delivery of documents on a Party under section B

Chile

The place of delivery of notices and other documents relating to differences in accordance with section B, in Chile is:

Department of Legal Affairs

Ministry of Foreign Affairs of the Republic of Chile Teatinos 180 floor 16 Santiago, Chile

Colombia

The place of delivery of notices and other documents relating to differences in accordance with section B, in Colombia is:

Department of Foreign Investment Services and Ministry of Commerce, Industry and Tourism street 28 # 13 - 15 D. Bogotá D.C.

Colombia

Annex 9-F. An appellate body or similar mechanism

Within three (3) years of the Entry into Force of this Agreement, the Parties shall consider the possibility of establishing an appellate body or similar mechanism to review awards rendered pursuant to article 9.26 in arbitrations commenced after the establishment of an appellate body or similar mechanism.

Annex 9.3. Most favoured nation treatment

The parties agree that the scope of Article 9.3 only includes matters relating to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition relating to investment and therefore shall not apply in respect of procedural matters, including dispute settlement mechanisms as contained in section B of this chapter.

Chapter 10. Cross-Border Trade In Services

Article 10.1. Scope of Application

1. This chapter applies to measures adopted or maintained by a Party affecting cross-border trade in services by service suppliers of the other party. such measures include measures affecting:

(a) The production, distribution, sale and delivery of a service;

(b) The purchase or use of, or the payment by a service;

(c) Access to and use of distribution and transportation systems, or telecommunications networks and services in connection with the supply of a service;

(d) The presence in its territory of a service supplier of the other party; and

(e) The provision of a bond or other form of financial security as a condition for the provision of a service.

2. For the purposes of this chapter, measures adopted or maintained by a Party means measures adopted or maintained by unparte means measures adopted or maintained by::

(a) Governments and national authorities or local level; and

(b) Non-governmental bodies in the exercise of powers delegated by Governments or national or local authorities.

3. Articles 10.5, 10.7 and 10.8 shall apply to measures by a party affecting the supply of a service in its territory by an investor of the other party as defined in article 9.28 (definitions) or a covered investment. (1) 

4. This chapter does not apply to:

(a) Financial services as defined in article 10.12;

(b) Air services including domestic and international air transportation, scheduled and non-scheduled and related services in support of air services except:

(i) Maintenance services and repair of aircraft during the period in which an aircraft is withdrawn from service;

(ii) Air and specialty services;

(iii) The computer reservation system services; (2) 

(c) Public procurement; or

(d) Subsidies or grants provided by a party, including loans (3), guarantees and insurance government-supported. (4) 

5. This chapter does not impose any obligation on a Party with respect to a national of the other party who wish to enter the labour market or who is permanently employed in its territory, or confer any right on that with respect to that national access or employment.

6. This chapter does not apply to services supplied in the exercise of governmental authority within the territory of a party. a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers.

(1) The Parties understand that failure to comply with the provisions of this Chapter, including this paragraph, shall not be subject to the Investor-State Dispute Settlement mechanism under Section B of Chapter 9 (Investment).
(2) As defined in the Annex on Air Transport Services of the GATS
(3) For greater certainty, subparagraph (d) includes those subsidies or donations granted by a state enterprise of one of the Parties.
(4) Annex 10.1.4(d) sets forth an understanding of the Parties with respect to subparagraph (d).

Article 10.2. National Treatment

Each Party shall accord to service suppliers (5) of the other party treatment no less favourable than that accorded in like circumstances to service providers.

(5) The Parties understand that "service suppliers" has the same meaning as "services and service suppliers" in paragraph 1 of Article XVII of the GATS.

Article 10.3. Most Favoured Nation Treatment

Each Party shall accord to service suppliers (6) of the other party treatment no less favourable than that accorded to service providers in like circumstances of a non-party country.

(6) The Parties understand that "service suppliers" has the same meaning as "services and service suppliers" in paragraph 1 of Article II of the GATS. 

Article 10.4. Local Presence

No party may require a service provider of the other party to establish or maintain a representative office or other company or resident in its territory as a condition for the cross-border supply of a service.

Article 10.5. Market Access

No Party may adopt or maintain measures that:

(a) Impose limitations on:

(i) The number of service suppliers, (7) whether in the form of numerical quotas, monopolies and exclusive service suppliers or the requirement of an economic needs test;

(ii) The total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) The total number of service operations or the total quantity of services output expressed in terms of designated numerical units in the form of numerical quotas or the requirement of an economic needs test, (8) or 

(IV) The total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for the supply of a specific service and directly related to it, in the form of numerical quotas or the requirement of an economic needs test; or

(b) Restrict or prescribe specific types of legal entity or joint venture through which a service supplier may supply a service.

(7) The Parties understand that "service suppliers" has the same meaning as "services and service suppliers" in Article XVI of the GATS.
(8) This paragraph does not cover measures of a Party that limit inputs for the supply of services.

Article 10.6. Non-conforming Measures

1. Articles 10.2 and 10.3 and 10.4, 10.5 do not apply to:

(a) Any Non-Conforming Measure existing Non-Conforming Measure that is maintained by:

(i) The national level of government authority or of a Party as set out in its schedule to annex I; or

(ii) A local government of a party;

(b) The continuation or prompt renewal of any Non-Conforming Measure referred to in subparagraph (a); or

(c) The modification of any Non-Conforming Measure referred to in subparagraph (a), provided that the amendment does not decrease the level of conformity of the measure as it existed immediately before the amendment with Articles 10.2, 10.3 and 10.4 and 10.5.

2. Articles 10.2 and 10.3 and 10.4, 10.5 do not apply to any measure that adopts or maintains a Party with respect to the sectors or sub-sectors or activities as set out in annex II to its schedule.

Article 10.7. Transparency In Regulatory Development and Enforcement (9)

Further to Chapter 14 (transparency):

(a) Each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding its regulations relating to the subject matter of this chapter;

(b) When taking final regulations relating to the subject matter of this chapter Each Party shall respond in writing to the extent possible, including on request, substantive comments received from interested persons with respect to the proposed Regulations; and

(c) To the extent possible, each Party shall provide a reasonable time between final publication of regulations and the date of entry into force.

(9) For greater certainty, "regulations" includes regulations for the establishment or application of authorization or licensing criteria.

Article 10.8. National Regulations

1. Where a party requires authorization for the supply of a service, the competent authorities of that Party in a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, shall inform the applicant of the decision concerning the application. at the request of the applicant the competent authorities of the party without undue delay shall provide information concerning the status of the application. this

Obligations shall not apply to authorization requirements that are within the scope of article 10.6.2.

2. With a view to ensuring that measures relating to licensing requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall seek to ensure, as appropriate for each specific sector, such that any measures it adopts or maintains that:

(a) Is based on objective and transparent criteria, such as the competence and ability to supply the service;

(b) Not more burdensome than necessary to ensure the quality of the service; and

(c) In the case of licensing procedures, not in themselves a restriction on the supply of the service.

3. If the results of the negotiations related to Article VI: 4 of the GATS (or the results of any similar negotiations undertaken in other multilateral fora in which the parties participate) enter into force, this article shall be amended, as appropriate, after consultations between the parties to such results into this Agreement. the Parties shall coordinate their positions in such negotiations.

Article 10.9. Mutual Recognition

1. For the purposes of the fulfilment in whole or in part of its standards or criteria for the licensing or service suppliers of certification or licensing and subject to the requirements of paragraph 4 of this article, a Party may recognize the education or experience obtained, requirements met or licenses or certifications granted in the other party. such recognition which may be achieved through harmonisation or otherwise, may be based on an agreement or arrangement between the parties or may be accorded autonomously.

2. When a party, recognize autonomously or by agreement or arrangement, the education or experience obtained requirements met or licenses or certifications granted in the territory of a country that is not a party, nothing in Article 10.3 shall be construed to require the party to accord such recognition to the education or experience obtained, requirements met or licenses or certifications granted in the territory of the other party.

3. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1 of this article, existing or future, shall afford adequate opportunity to the other party, if that other party is concerned, to negotiate its accession to such an agreement or arrangement to negotiate or a comparable agreement or arrangement. where a Party grants recognition autonomously, will the other party afford adequate opportunity to demonstrate that the education or experience obtained licenses or certifications or requirements met in that other party territory should be recognized.

4. No party shall accord recognition in a manner which would constitute a means of discrimination between the parties in the application of its standards or criteria for the licensing or certification or licensing of service suppliers, or a disguised restriction on trade in services.

5. 10.9 Annex applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service providers of the other party, in accordance with the provisions of this annex.

Article 10.10. Implementation

The Parties shall consult annually, or otherwise agreed, to review the implementation of this chapter and consider other matters of mutual interest affecting cross-border trade in services. among other matters, the Parties shall consult with a view to determining the feasibility of removing any requirement to maintain citizenship or permanent residence for the licensing or certification of service providers of each party.

Article 10.11. Denial of Benefits

Subject to article 16.4 (consultations), a Party may deny the benefits of this chapter to:

(a) Service suppliers of the other party where the service is being supplied by an enterprise owned or controlled by persons of a non- party and the enterprise has no substantial business activities in the territory of the other party; or

(b) Service suppliers of the other party where the service is supplied by an enterprise owned or controlled by persons of denying the party and the enterprise has no substantial business activities in the territory of the other party.

Article 10.12. Definitions

For purposes of this chapter:

Cross-border trade in services or cross-border supply of services supply the means of a service:

(a) The territory of a party into the territory of the other party;

(b) In the territory of a party by a person of that party to a consumer of the other party; or

(c) By a national of a Party in the territory of the other party;

But does not include the supply of a service in the territory of a party by an investor of the other party as defined in article 9.28 (definitions) or a covered investment;

"enterprise" means an enterprise as defined in article 2.1 (definitions of general application), and a branch of an enterprise;

Enterprise of a party constituted means an enterprise or organized under the law of a Party and a branch located in the territory of a party and carrying out business activities there;

Service supplier of a Party means a person of a Party that seeks to supply a service or supplies;

Specialty air services means any service which is not of air transport, firefighting, such as aerial spraying, Air surveying, mapping overview, air, aerial photography, service, parachutists planeadores towing services for the transport of logs and construction and other related to agriculture, industry and inspection;

Financial service means any service of a financial nature. all financial services include all banking and insurance and insurance-related and other Financial Services (excluding insurance), as well as services incidental to or auxiliary a service of a financial nature. financial services include the following activities:

  • Article   1 Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   2 General Definitions 1
  • Article   2.1 Definitions of General Application 1
  • Annex 2.1   Country-specific definition 1
  • Article   3 Trade In Goods 1
  • Article   3.1 National Treatment 1
  • Article   3.2 Export Taxes 1
  • Article   3.3 Administrative Fees and Formalities 1
  • Article   3.4 Restrictions on Imports and Exports 1
  • Article   3.5 Agricultural Export Subsidies 1
  • Article   3.6 Committee on Trade In Goods 1
  • Chapter   4 Regime of Origin 1
  • Section   A Rules of Origin 1
  • Article   4.1 Originating Goods 1
  • Article   4.2 1
  • Article   4.3 Non-Originating Transactions 1
  • Article   4.4 Cumulation 1
  • Article   4.5 De Minimis 1
  • Article   4.6 Goods and Fungible Materials 1
  • Article   4.7 Sets or Assortments 1
  • Article   4.8 Accessories, Spare Parts and Tools 2
  • Article   4.9 Packages and Packing Materials for Retail Sale 2
  • Article   4.10 Packing Materials and Containers for Shipment 2
  • Article   4.11 Indirect Materials 2
  • Article   4.12 Transit and Trans-shipment 2
  • Article   4.13 Exhibitions 2
  • Section   B Origin Procedures 2
  • Article   4.14 Certification of Origin 2
  • Article   4.15 Billing by an Operator from a Non-Party Country 2
  • Article   4.16 Exceptions 2
  • Article   4.17 Obligations Relating to Imports 2
  • Article   4.18 Duty Drawback 2
  • Article   4.19 Export Related Obligations 2
  • Article   4.20 Record Keeping Requirements 2
  • Article   4.21 Procedures for Verification of Origin 2
  • Article   4.22 Sanctions 2
  • Article   4.23 Confidentiality 2
  • Article   4.24 Inquiries and Modifications 2
  • Article   4.25 Review and Appeal 2
  • Article   4.26 Definitions 2
  • Chapter   5 Trade Facilitation 3
  • Article   5.1 Publication 3
  • Article   5.2 Release of Goods 3
  • Article   5.3 Risk Management 3
  • Article   5.4 Automation 3
  • Article   5.5 Paperless Trade Administration 3
  • Article   5.6 Customs Cooperation 3
  • Article   5.7 Confidentiality 3
  • Article   5.8 Consignments of Express Delivery 3
  • Article   5.9 Review and Appeal 3
  • Article   5.10 Sanctions 3
  • Article   5.11 Advance Rulings 3
  • Article   5.12 Committee on Trade Facilitation 3
  • Article   5.13 Implementation 3
  • Chapter   6 Sanitary and Phytosanitary Measures 3
  • Article   6.1 Objectives 3
  • Article   6.2 General Provisions 3
  • Article   6.3 Rights and Obligations 3
  • Article   6.4 Harmonization 3
  • Article   6.5 Equivalence 3
  • Article   6.6 Risk Assessment and Appropriate Level of Protection 3
  • Article   6.7 Recognition of Free Zones and Low Pest or Disease Prevalence Zones 3
  • Article   6.8 Control Procedures, Inspection, Certification and Adoption 3
  • Article   6.9 Conventions between Competent Authorities 3
  • Article   6.10 Committee on Sanitary and Phytosanitary Measures 3
  • Article   6.11 Technical Consultations 4
  • Article   6.12 Definitions 4
  • Chapter   7 Technical Barriers to Trade 4
  • Article   7.1 Objectives 4
  • Article   7.3 Confirmation of the TBT Agreement 4
  • Article   7.4 International Standards 4
  • Article   7.5 Trade Facilitation 4
  • Article   7.6 Technical Regulations 4
  • Article   7.7 Conformity Assessment 4
  • Article   7.8 International System of Units 4
  • Article   7.9 Transparency 4
  • Article   7.10 Committee on Technical Barriers to Trade 4
  • Article   7.11 Technical Cooperation 4
  • Article   7.12 Information Exchange 4
  • Article   7.13 Definitions 4
  • Chapter   8 Trade Defence 4
  • Section   A Safeguard Measures 4
  • Article   8.1 Imposition of a Safeguard Measure 4
  • Article   8.2 Standards for a Safeguard Measure 4
  • Article   8.3 Investigation Procedures and Transparency Requirements 4
  • Article   8.4 Notification and Consultation 4
  • Article   8.5 Compensation 4
  • Article   8.6 Global Safeguard Measures 4
  • Article   8.7 Definition 4
  • Section   B Anti-dumping and Countervailing Duties 4
  • Article   8.8 Antidumping and Countervailing Duties 4
  • Chapter   9 Investment 4
  • Section   A Investment 4
  • Article   9.1 Scope (1) 5
  • Article   9.2  National Treatment 5
  • Article   9.3 Most-favoured-nation Treatment (3)  5
  • Article   9.4  Minimum Standard of Treatment (4) 5
  • Article   9.5 Treatment In Case of Dispute 5
  • Article   9.6 Performance Requirements 5
  • Article   9.7 Senior Executives and Boards of Directors (8)  5
  • Article   9.8 Non-conforming Measures 5
  • Article   9.9 Transfer (9) 5
  • Article   9.10 Expropriation and Compensation (11) 5
  • Article   9.11 Special Formalities and Information Requirements 5
  • Article   9.12 Denial of Benefits 5
  • Article   9.13 Investment and Environment 5
  • Article   9.14 Implementation 5
  • Section   B Investor-State Dispute Resolution 5
  • Article   9.15 Consultation and Negotiation (12)  5
  • Article   9.16 Submission of a Claim to Arbitration 5
  • Article   9.17 Consent of Each Party to Arbitration 6
  • Article   9.18 Conditions and Limitations on Consent of the Parties 6
  • Article   9.19 Selection of Arbitrators 6
  • Article   9.20 Conduct of the Arbitration 6
  • Article   9.21 Transparency of Arbitration Proceedings 6
  • Article   9.22 Applicable Law 6
  • Article   9.23 Interpretation of Exhibits 6
  • Article   9.24 Expert Reports 6
  • Article   9.25 Accumulation of Proceedings 6
  • Article   9.26 Awards (15) 6
  • Article   9.27 Service of Documents 6
  • Section   B Definitions 6
  • Article   9.28 Definitions 6
  • Annex 9-A  Customary International Law 7
  • Annex 9-B  Payments and transfers 7
  • Annex 9-C  Expropriation 7
  • Annex9-D  Decree Law 600 - Chile 7
  • Annex 9-E  Delivery of documents on a Party under section B 7
  • Annex 9-F  An appellate body or similar mechanism 7
  • Annex 9.3  Most favoured nation treatment 7
  • Chapter   10 Cross-Border Trade In Services 7
  • Article   10.1 Scope of Application 7
  • Article   10.2 National Treatment 7
  • Article   10.3 Most Favoured Nation Treatment 7
  • Article   10.4 Local Presence 7
  • Article   10.5 Market Access 7
  • Article   10.6 Non-conforming Measures 7
  • Article   10.7 Transparency In Regulatory Development and Enforcement (9) 7
  • Article   10.8 National Regulations 7
  • Article   10.9 Mutual Recognition 7
  • Article   10.10 Implementation 7
  • Article   10.11 Denial of Benefits 7
  • Article   10.12 Definitions 7
  • Chapter   11 Temporary Entry of Business Persons 8
  • Article   11.1 General Principles 8
  • Article   11.2 General Obligations 8
  • Article   11.3 Temporary Entry Authorization 8
  • Article   11.4 Information Delivery 8
  • Article   11.5 Committee of Temporary Entry of Business Persons 8
  • Article   11.6 Dispute Resolution 8
  • Article   11.7 Relationship with other Chapters 8
  • Article   11.8 Transparency In Regulatory Development and Enforcement 8
  • Article   11.9 Definitions 8
  • Chapter   12 Electronic Commerce 8
  • Article   12.1 General Provisions 8
  • Article   12.2 Supply of Services 8
  • Article   12.3 Customs Duties on Digital Products 8
  • Article   12.4 Non-Discrimination for Digital Products 8
  • Article   12.5 Cooperation 8
  • Article   12.6 Consumer Protection 8
  • Article   12.7 Authentication and Digital Certificates 8
  • Article   12.8 Definitions 8
  • Chapter   13 Public Procurement 8
  • Article   13.1 Scope of Application 8
  • Article   13.2 General Principles 8
  • Article   13.3 Publication of Public Procurement Measures 8
  • Article   13.4 Publication of a Notice of Procurement Future 9
  • Article   13.5 Time Limits for the Submission of Tenders 9
  • Article   13.6 Information on Future Procurements 9
  • Article   13.7 Technical Specifications 9
  • Article   13.8 Conditions for Participation 9
  • Article   13.9 Contracting Modalities 9
  • Article   13.10 Treatment of Tenders and Awarding of Contracts 9
  • Article   13.11 Information on Awards 9
  • Article   13.12 Integrity In Public Procurement Practices 9
  • Article   13.13 National Review of Challenges Filed by Suppliers 9
  • Article   13.14 Modifications and Rectifications 9
  • Article   13.15 Non-Disclosable Information 9
  • Article   13.16 Exceptions 9
  • Article   13.17 Public Information 9
  • Article   13.18 Contact Point 9
  • Article   13.19 Future Negotiations 9
  • Article   13.20 Definitions 9
  • Chapter   14 Transparency 9
  • Article   14.1 Points of Contact 9
  • Article   14.2 Advertising 9
  • Article   14.3 Notification and Provision of Information 9
  • Article   14.4 Administrative Procedures 9
  • Article   14.5 Review and Challenge 9
  • Article   14.6 Definition 9
  • Chapter   15 Administration 9
  • Article   15.1 Free Trade Commission 9
  • Article   15.2 Coordinators of the Free Trade Agreement 10
  • Chapter   16 Settlement of Disputes 10
  • Article   16.1 Objectives 10
  • Article   16.2 Scope of Application 10
  • Article   16.3 Choice of Forum 10
  • Article   16.4 Inquiries 10
  • Article   16.5 Refusal to Consultations 10
  • Article   16.6 Intervention of the Commission 10
  • Article   16.7 Establishment of an Arbitral Tribunal 10
  • Article   16.8 Composition of Arbitral Tribunals 10
  • Article   16.9 Functions of Arbitral Tribunals 10
  • Article   16.10 Rules of Procedure for Arbitral Tribunals 10
  • Article   16.11 Preliminary Report 10
  • Article   16.12 Final Report 10
  • Article   16.13 Implementation of the Final Report 10
  • Article   16.14 Compliance Within the Prudential Deadline 10
  • Article   16.15 Compensation and Suspension of Benefits 10
  • Article   16.16 Compliance Review 10
  • Chapter   17 Labour 10
  • Article   17.1 Common Commitments 10
  • Article   17.2 Compliance with National Legislation 10
  • Article   17.3 Labor Cooperation 10
  • Article   17.4 Institutional Provisions 11
  • Article   17.5 Definitions 11
  • Chapter   18 Environment 11
  • Article   18.1 Objectives 11
  • Article   18.2 Principles and Commitments 11
  • Article   18.3 Cooperation 11
  • Article   18.4 Institutional Provisions 11
  • Article   18.5 Inquiries 11
  • Chapter   19 Cooperation 11
  • Article   19.1 Objectives 11
  • Article   19.2 Scope of Application 11
  • Article   19.3 Economic Cooperation 11
  • Article   19.4 Cooperation on Innovation, Research and Development 11
  • Article   19.5 Energy Cooperation 11
  • Article   19.6 Mechanisms for Cooperation 11
  • Article   19.7 Cooperation with Countries Not Party 11
  • Article   19.8 Resources 11
  • Article   19.9 Institutional Aspects: 11
  • Article   10.10 Definitions 12
  • Chapter   20 General Provisions 12
  • Article   20.1 Annexes and Appendices and the Footnotes 12
  • Article   20.2 Relation to other International Agreements 12
  • Article   20.3 Succession of Agreements 12
  • Article   20.4 Scope of Obligations 12
  • Article   20.5 Dissemination of Information 12
  • Article   20.6 Confidentiality 12
  • Article   20.7 Anti-corruption 12
  • Article   20.8 Activities Based on Capital or Assets of Illicit Origin 12
  • Chapter   21 Exceptions 12
  • Article   21.1 General Exceptions 12
  • Article   21.2 Essential Security 12
  • Article   21.3 Public Order 12
  • Article   21.4 Taxation 12
  • Article   21.5 Difficulties In the Balance of Payments 12
  • Article   21.6 Definitions 12
  • Chapter   22 Final Provisions 12
  • Article   22.1 Amendments, Modifications and Additions 12
  • Article   22.2 Amendment of the WTO Agreement 12
  • Article   22.3 Validity 12
  • Article   22.4 Provisional Application 12
  • Article   22.5 Denunciation 12
  • Article   22.6 Accession 12
  • Article   22.7 Convergence 12
  • Article   22.8 Future Negotiations 12
  • Annex I   Explanatory Note 12
  • Annex I   Chile 12
  • Annex I   Colombia 14
  • Annex II   Explanatory Note 16
  • Annex II   Chile 17
  • Annex II   Colombia 18