The signatory countries with the participation of their respective private sectors; encourage the development of economic complementarity á REAs in the production of goods and services.
Article 22.
The signatory countries within their respective laws on foreign investment shall grant the best treatment to investors of another signatory, whether this corresponding to the domestic and foreign capital.
Article XI. Technical Standards
Article 23.
The Management Committee referred to in article 33 of this Agreement; discussing technical standards of the signatory countries and recommend actions that it considers necessary to prevent those developed or implemented with the aim of creating obstacles to trade.
To this end administering the Commission shall consider, inter alia, the following principles:
(a) Use of existing international standards, when necessary to the development of standards and technical specifications;
(b) Granting to goods from the territory of the other signatory, national treatment and treatment no less favourable than that accorded to similar goods from any other country;
(c) Notification and exchange of information between the signatory countries, in due time, in relation to to amend or adopt any measure of standardisation;
(d) Compatibility, as far as possible, the standardization of the signatory countries;
(e) Seek the mutual recognition of their systems, laboratory testing and certification tests and results of conformity assessment, prior necessary assessments and specification of procedures for such examinations.
The Management Committee shall establish procedures to address differences that presents a country, when it is adversely affected by a measure of the other signatories country related to technical regulations.
Article XII. Phytosanitary and Zoosanitary Standards
Article 24.
The signatory countries undertake to prevent phytosanitary and zoosanitary standards from becoming non-tariff barriers to reciprocal trade. For this purpose and in order to facilitate and expedite the exchange of plant and livestock products, they have signed a "Cooperation and Coordination Agreement on agricultural health between the Agricultural and Livestock Service of the Republic of Chile and the Colombian Agricultural Institute of the Republic of Colombia", which shall be in force as from the entry into force of this Agreement. The text of this Agreement is included in Annex No. 6.
Article XIII. Other Services
Article 25.
The signatory countries shall promote the adoption of measures to facilitate the provision of services in another country. To this end, entrusted to the Commission, established in article 33, to make proposals, considering the negotiations within the framework of the Uruguay Round on these matters.
Article XIV. Coordination of Economic Policies
Article 26.
The signatory countries to initiate a process of mutual exchange of information in various fields of economic and financial, monetary and fiscal policies, with the aim of facilitating the convergence of such policies and contribute to the achievement of the objectives of this Agreement.
Article 27.
The signatories undertake to harmonize all other such standards as may be necessary for the further development of this Agreement. For this purpose, the signatory countries analysed treatments and incentives to exports and measures that significantly affect prices relating to correct distortions which might significantly affect trade flows between the signatory countries.
Article XV. Maritime and Air Transport
Article 28.
The signatories undertake to accord a free access to cargoes, whether or not reserved its external trade flag vessels of both countries, under conditions of reciprocity and also those that are of reputen national flag, in accordance with their respective laws. it shall be applicable in the bilateral maritime trade and to or from third countries.
Maritime authorities of the signatory countries shall ensure that no dumping "" or unfair competition in the provision of services.
Article 29.
The signatories undertake to promote, in the framework of this Agreement and their bilateral instruments in the field of air transport, a process of opening stimulating competition and efficiency of air services. as a first step, the two countries agree to ratify the record signed between the aeronautical authorities on 16 July 1993, in the sense that companies of each country wishing to do so may freely exercise the rights of traffic between their territories and with third countries in the Latin American region with the number of frequencies and flight they deem convenient in accordance with the conditions laid down in this Act.
Article 30.
The signatory countries shall encourage the efficient operation of air and maritime transport services to provide appropriate tariffs for the reciprocal exchange. for this purpose they shall establish a joint programme and to develop specific actions.
Article XVI. Evaluation
Article 31.
The signatory countries periodically assess progress of this Agreement with a view to seeking their development and ensure a bilateral integration process to strengthen and develop an enlarged economic area, based upon an appropriate reciprocal promotion of fair competition and the active participation of public and private operators.
Article XVII. Settlement of Disputes
Article 32.
For the settlement of disputes that may arise as a matter of interpretation of the provisions of this Agreement and its implementation or non-implementation, or of any other nature, other than that provided for in Chapter VI, the signatory countries shall be subject to the following procedure:
(a) The Party concerned shall require the competent national authority referred to in article 33 of this Agreement, which immediately begin consultations with the competent authority of the other party.
If within 20 days from the filing of claims shall not result in resolving the conflict raised by the competent national body that initiated the consultations shall request the administering the Committee referred to in article 33 of this Agreement.
(b) The Commission will in administering awareness and waivers concerned may request, technical reports of the case, for the purpose of reaching a mutually satisfactory solution, either by the Commission itself, or with the participation of a mediator chosen from a list of the names of experts to the Commission shall annually for this purpose.
The procedure referred to in this subparagraph shall not extend beyond 30 days from the date on which it was requested the intervention of the Commission.
(c) If the dispute cannot be settled in this way, administering the Commission shall immediately an arbitral group composed of experts of each signatory, chosen from the list referred to in the preceding paragraph and a third arbitrator who shall chair the who may not be a national of the signatory countries.
If there is no agreement on the appointment of the third arbitrator, the appointment shall accrue to the Secretary-General of ALADI, or the designated person.
(d) The arbitration procedure shall be subject to the rules that the effect of the Commission.
Without prejudice to the arbitrators decide on the dispute submitted to him, shall take into account, primarily, the rules contained in this Agreement and the rules and principles of international conventions that are applicable to the kind as well as general principles of international law.
Where the decision of the arbitrators shall contain specific measures that may apply the country affected by either the non-compliance, the misinterpretation, or by any action or omission that violates the rights arising out of the implementation of the Agreement.
The specific measures referred to in the preceding subparagraph may relate to any suspension of concessions equivalent to any injury caused to a total or partial withdrawal of concessions, or any other measure within the implementation of the provisions of the Agreement.
The arbitrators shall within 30 days, extendable for the same period has elapsed from the date of appointment, for its decision.
This decision shall not be subject to appeal and its non-compliance cause the suspension of the agreement in both cases that does not cease to exist. if this situation, the signatory concerned may invoke the grounds of non-compliance as denunciation of the Agreement.
Article XVIII. Administration of the Agreement
Article 33.
With a view to achieving a better functioning of this Agreement; the signatory countries agree to establish a committee, chaired by the Ministry of Foreign Affairs, in the case of Chile; and by the Ministry of Foreign Trade, in the case of Colombia, or their designees At its representation. in special cases, depending on the nature of the items, to consider administering the Commission shall be co-chaired by Ministers with competence in the area concerned.
This committee shall be established within 120 days from the Entry into Force of this Agreement and establish its own rules of procedure.
Each signatory to designate a competent national authority to act as a national secretariat of this Agreement. the functions of these bodies shall be established by the Commission regulation.
The Commission shall have the following functions:
(a) Evaluate and monitor the implementation of the provisions of this Agreement;
(b) Recommend to Governments PA! SES signatories, amendments to this Agreement;
(c) Propose to the Governments of the signatory countries recommendations that it considers appropriate to resolve disputes that may arise regarding the interpretation and application of this Agreement;
(d) Mediators and arbitrators appointed for the resolution of disputes;
(e) Regulate the procedures for the settlement of disputes;
(f) Propose and set specific requirements of origin;
(g) Review the rules of origin of this Agreement and propose amendments thereto;
(h) Defining the procedures for the application of safeguard clauses;
(i) Done at the request of either party A review of policies and practices in specific sectors to detect cases that would lead to significant distortions in bilateral trade;
(j) Monitoring mechanisms to exports applied in member countries, with the aim of identifying possible distortions to competition arising from their application and Promote harmonisation of the same, as the release of reciprocal trade;
(k) Establishing mechanisms and bodies that ensure the active participation of representatives of business sectors;
(l) The signatory countries to submit a report on the operation of this Agreement with such recommendations as it considers desirable for improvement and a fuller use; and
(m) The other arising from this Agreement or conferred by the signatory countries.
Article XIX. Duration
Article 34.
This Agreement shall apply from the date of its signature and shall have an indefinite duration.
Article XX. Denunciation
Article 35.
The signatory to oneself of this Agreement, it shall communicate its decision to the other signatory countries with one hundred and eighty (180) days prior to the deposit of instrument of the complaint with the General Secretariat of ALADI.
After the conclusion of the complaint automatically cease complaining to the country the acquired rights and the obligations assumed under this agreement, except as regards the treatment received and granted for the import of products traded, which shall remain in force for a period of one year following the date of deposit of the instrument of denunciation, except that in the complaint, the signatory countries agree to a different period.
Article XXI. Accession
Article 36.
In compliance with the provisions of the Treaty of Montevideo 1980, this Agreement, by means of the corresponding negotiation, is open for accession by the other member countries of ALADI.
Article XXII. Other Provisions
Article 37.
The signatories undertake to accord to intellectual and industrial property adequate protection, within its national legislation.
Article 38.
The parties undertake to keep abreast on its laws and external trade statistics, through the competent national bodies established in article 33 of this Agreement. any modification of the arrangements for foreign trade shall be communicated within 30 days of its issuance.
Article 39.
The signatory countries shall encourage the active participation of their economic operators in their actions relating to the implementation and operation of this Agreement, which corresponds to them.
Article 40.
It is recommended that contracts agreed between individuals among themselves, as a result of the use of the instruments of the Agreement, is used primarily for the rules of the Inter-American Commission of Commercial Arbitration.
Transitional Provisions
The signatory countries shall immediately comply with the procedures required to conclude this economic complementarity agreement in ALADI, in accordance with the provisions of the Montevideo Treaty 1980 and the resolutions of the Council of Ministers.
It shall carry out the formalities relating to terminate the agreement of partial scope No 14, signed by both countries within the framework of ALADI treatments and mutually agreed trade agreements to which they are party.
The present economic complementarity agreement for the establishment of an enlarged economic area was signed in two copies of equal value and lines, equally authentic.
Conclusion
Done in the city of Santiago, six days of December 1993. FDO (.): by the Government of the Republic of Colombia: Noemí Sanín of Rubio, Minister for Foreign Affairs; Juan Manuel Santos Calderón, Minister of Foreign Trade; by the Government of the Republic of Chile: Enrique Silva Cimma, Minister for Foreign Affairs; George Marshall Rivera, Minister of Economy, Development and Reconstruction.