Pacific Alliance Additional Protocol (2014)
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Title

ADDITIONAL PROTOCOL TO THE FRAMEWORK AGREEMENT OF THE PACIFIC ALLIANCE

Preamble

PREAMBLE

The Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, henceforth referred to as "the Parties",

In development of the objectives and principals established in the Framework Agreement for the Pacific Alliance, signed in Paranal, Antofagasta, Republic of Chile on 6 June 2012 with a view to:

STRENGTHENING the ties of friendship, solidarity and cooperation between their peoples;

RATIFYING their desire to build a common space with the purpose of deepening political, economic, social and cultural integration as well as establishing an effective commitment to joint action in order to improve the wellbeing and living standards of their inhabitants and promote sustainable development in their respective territories;

STRENGTHENING regional integration to achieve greater growth, development and competitiveness in their economies and advance progressively towards the free circulation of goods, services, capital and people;

ESTABLISHING clear and mutually beneficial rules with the objective of stimulating the expansion and diversification of the trade of goods and services between the Parties, as well as attracting investment in their territories;

REAFFIRMING the objective of eliminating obstacles to trade with the goal of generating greater dynamism in the flow of trade of goods and services and investment between the Parties;

FACILITATING trade, promoting efficient, transparent and predictable customs procedures for their importers and exporters;

AVOIDING disruption in reciprocal trade and promote conditions for fair competition; STIMULATING trade in the innovation sectors of their economies; PROMOTING transparency in the trade of goods and services and investment;

RECOGNISING that this process of integration is based upon economic and commercial treaties and upon integration at a bilateral, regional and multilateral level between the Parties;

REAFFIRMING the rights and obligations defined in the Treaty of Marrakech which established the World Trade Organisation, the Treaty of Montevideo of 1980 as well as free trade and integration agreements between the Parties;

CONSIDERING the condition of the Members of the Andean Community of Nations the Republic of Colombia and the Republic of Peru and the commitments that concern these States;

FURTHERING greater ties with other regions, in particular Asia Pacific, and

DEEPENING cooperation and intensifying the flow of trade in goods and services and investment with other markets;

HAVE AGREED to this Additional Protocol to the Framework Agreement for the Pacific Alliance (henceforth referred to as "Additional Protocol")

Body

Chapter 1. INITIAL PROVISIONS

Article 1.1. Establishment of a Free Trade Area

The Parties, in accordance with Article XXIV of the General Agreement on Customs Duties and Trade of 1994 and Article V of the General Agreement on the Trade in Services which form part of the Treaty of Marrakech which established the World Trade Organisation, establish a free trade area.

Article 1.2. Relationship to other International Agreements

1. In accordance with the Framework Agreement for the Pacific Alliance and recognising the intent of the Parties that their existing international agreements should coexist alongside this Additional Protocol, the Parties confirm:

(a) Their rights and obligations in regards to the existing international treaties of which all the Parties may be part, including the Treaty of Marrakech which established the World Trade Organisation and,

(b) Their rights and obligations in regards to the existing international treaties of which one Party and at least one other Party are part.

2. If one Party considers a provision of this Additional Protocol to be incompatible (1) with a provision in another treaty of which that Party and at least one other Party are part, the Parties shall, upon request, hold consultations with the objective of reaching a mutually satisfactory resolution. The foregoing is without prejudice to the rights and obligations of the Parties in accordance with Chapter 17 (Dispute Resolution) (2)

(1) For the effects of the application of this Additional Protocol, the Parties recognise the fact that a treaty may award more favourable treatment to the goods, services, investments or people, that what is awarded, in accordance with this Additional Protocol, does not constitute a case of incompatibility in the sense implied in paragraph 2. 
(2) For greater certainty, the consultations envisaged in this paragraph do not constitute a stage in the Dispute Resolution process established in Chapter 17 (Dispute Resolution).

Article 1.3. Interpretation of the Additional Protocol

The Parties will interpret and apply the provisions of this Additional Protocol in light of the objectives, principals and other recitals established in the Preamble and in accordance with the applicable norms of international law.

Article 1.4. Observance of the Additional Protocol

Each Party will ensure the adoption of all necessary measures to implement the provisions of this Additional Protocol in its territory and at all levels of government.

Chapter 2. GENERAL DEFINTIONS

Section 2.1. General Definitions

For the purposes of this Additional Protocol, unless otherwise specified: Anti-dumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, which is part of the Agreement on the WTO;

WTO Agreement means the Marrakesh Agreement by which the World Trade Organization is established;

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 which is part of the Agreement on the WTO;

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the Agreement on the WTO;

TBT Agreement means Agreement on Technical Barriers to Trade, which is part of the Agreement on the WTO;

GATS means the General Agreement on Trade in Services, which is part of the Agreement on the WTO;

Customs Duties means any import duty or tax, and any charge of any type applied to the import of goods, including any import surcharge or additional fee, but it does not include:

(a) Any fee equivalent to an excise tax applied in compliance with Section III:2 of GATT 1994, with regard of similar, directly competing or substitute goods of one Party, or in respect of goods out of which the imported goods have been manufactured or produced totally or partially;

(b) Any antidumping duty or countervailing measure applied in compliance with Section VI of GATT 1994, the Antidumping Agreement, or the WTO Agreement on Subsidies and Countervailing Measures;

(c) Any premium offered, paid or collected, if any, on imported goods, deriving from any bidding system, with respect to the administration of quantitative restrictions to import or of tariff quota, or tariff preference quotas, and

(d) Any duty or any charge related to import, proportional to the cost of the services rendered;

Customs Authority means the authority that, according to the respective laws of each Party, is responsible for administering, as well as implementing customs laws and regulations:

(a) In the case of Chile, the Servicio Nacional de Aduanas (the National Customs Service), or its succesor;

(b) In the case of Colombia, the Dirección de Impuestos y Aduanas Nacionales, DIAN (Customs and Taxes National Directorate), or its succesor;

(c) In the case of Mexico; the Servicio de Administración Tributaria (Tax and Administration Service) of the Secretaria de Hacienda y Crédito Publico (Department of Finance and Public Credit), or its succesor, and

(d) In the case of Peru: the Superintendencia Nacional de Aduanas y de Administración Tributaria - SUNAT, (National Superintendence of Customs and Tax Administration) or its succesor;

Chapter Means the first two digits of the Tariff Classification Code of the Harmonized System (HS);

Free Trade Commission means the Free Trade Commission established in compliance with Section 16.1 (Free Trade Commission);

Government procurement means the process through which a government obtains goods or services, or any other combination of the two, for governmental purposes, and not with a view of commercial sale or resale or for its use in the production or supply of goods and services for commercial sale or resale;

Days means calendar days, including weekends and holidays;

Company means any entity formed or organized in compliance with the applicable legislation, be it for- profit or for-non-profit, and whether privately owned or governmentally owned, including any corporation, trust, partnership, sole proprietorship, joint venture or other association, and the branch of a company;

Company of a Party means the company formed or organized in compliance with the legislation of a Party and a branch located in the territory of a Party and that carries commercial activities in that territory;

Existing means in effect on the date of the signature of this Additional Protocol;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is part of the 2-2 Agreement on the WTO;

Measure means any law, regulation, procedure, provision, requirement, or practice;

Goods means any product, item or material;

Goods of a Party means the national products as understood in GATT 1994 or those goods that the Parties have agreed upon, including the goods originating of that Party. Goods of a

Party may incorporate materials of another Party and of a non-Party country;

Originating goods means goods in compliance with the applicable provisions of Chapter 4 (Rules of Origin and Procedures related to Origin);

National means a natural person who is a national of a Party in accordance with its applicable legislation;

WTO means the World Trade Organization; Party means every State for which this Additional Protocol has come into force;

Heading means the first four digits of the tariff classification code of the Harmonized System (HS),

Person means a natural person, or a company;

Person of a Party means a national or a company of a Party;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, and the notes to its section, chapters and subheadings, in the manner that the Parties have adopted and implemented in their respective legislation;

Subheading means the first six digits of the tariff classification code of the Harmonized System (HS), and

Preferential tariff treatment means the tariff applicable to originating goods established in the Annex 3.4 of this Additional Protocol.

Article 2.2. Specific Definition

Territory means:

(a) With respect to Chile, the land, sea and air space under their sovereignty, and the exclusive economic zone and the continental shelf over which they have sovereignty rights and jurisdiction in accordance with international law and its internal legislation;

(b) With respect to Colombia, in addition to its mainland territory, the Archipelago of San Andrés, Providencia and Santa Catalina, Malpelo Island and all other islands, islets, keys, "morros" and banks, as well as its airspace and maritime areas over which the country has sovereignty, or sovereign rights, or jurisdiction in accordance with domestic legislation and international law, including applicable international treaties;

(c) With respect to Mexico:

(i) The states of the Federation and the Federal District;

(ii) The islands, including the reefs and keys in adjacent seas;

(iii) The islands of Guadalupe and of Revillagigedo, situated in the Pacific Ocean;

(iv) The continental shelf and the submarine shelf of the islands, keys and reefs;

(v) The waters of the territorial seas, to the extent and terms established by the international law and its interior maritime waters;

(vi) The space above the national territory, to the extent and in accordance with the rules established by their own international law, and

(vii) Any areas beyond the territorial seas of Mexico over which Mexico may exercise rights on the seafloor and the sea subsoil, and on the natural resources they have, in accordance with international law, including the United Nations Convention on the Law of the Sea, as well as its national legislation;

(d) With respect to Peru, the mainland territory, the islands, the maritime zones and the airspace above them, over which Peru exercises sovereignty or sovereignty and jurisdiction rights, in accordance with its national legislation and international law.

Chapter 3. MARKET ACCESS

Section A. Definitions and Scope

Article 3.1. Definitions

For the purposes of this Chapter:

Agreement on Import Licensing means the Agreement on Import Licensing Procedures, that is part of the Agreement on WTO;

Subsidies Agreement means the Agreement on Subsidies and Countervailing measures that is part of the WTO Agreement;

Import license or permit means the document issued by the appropriate administrative body, issued under an administrative procedure used for the implementation of import licensing;

Printed advertising materials means those goods classified on Chapter 49 of the Harmonized System (HS), including brochures, prints, flyers, sales catalogs, directories published by business associations, tourism promotional materials and posters used to promote, publicize or advertise a good or service, to be used for publicity of a good or service, and be distributed free of charge;

Goods temporarily admitted for sports purposes means sport equipment for use in sports contests, events or training in the territory of the Party to which they are admitted;

Commercial samples of negligible value means commercial samples valued, individually or as a whole shipment, of not more than one U.S. dollar or the equivalent amount in the currency of a Party, or so marked, broken, perforated or otherwise treated that they are not suitable for sale or for any use other than for samples;

Advertising films and recordings means recorded visual media or recorded audio material consisting essentially of images and/ or sound showing the nature or functioning of goods or services offered for sale or lease by a person established or residing in the territory of a Party, provided that such materials are suitable for exhibition to prospective customers, but not for its dissemination to the general public

Performance requirement means the requirement of:

(a) Exporting a given volume or percentage of goods or services;

(b) Substituting imported goods or services by goods or services of the Party granting the waiver of customs duties or the import license

(c) That a person benefiting from a waiver of customs duties or from an import license purchase other goods or services in the territory of the Party granting the waiver of customs duties or the import license, or accord a preference to the goods produced in the territory of that Party;

(d) That a person who benefits from a waiver of customs duties or from an import license produce goods or services in the territory of the Party granting the waiver of customs duties or the import license, with a given level or percentage of domestic content, or

(e) Relating in any way the volume or value of the imports to the volume or value of the exports or to the amount of foreign currency inflow;

But does not include a requirement that an imported good be:

(a) Subsequently exported;

(b) Used as a material in the production of other commodity that is subsequently exported;

(c) Substituted by an identical or similar good used as a material in the production of another good that is subsequently exported, or

(d) Substituted by an identical or similar good that is subsequently exported;

Consular requirements or transactions means requirements for the goods of a Party intended for export to the territory of another Party to first be submitted to the supervision of the consul of the importing Party in the territory of the exporting Party to the effect of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, export declarations of the shipper or any other customs document required for import or in connection therewith;

Export subsidies means those mentioned in Section 1 (e) of the Agreement on Agriculture, which is part of the WTO Agreement, including any amendment of this Article, and

Import licensing procedure means an administrative procedure used for the implementation of import licensing regulations that require the submission of an application or other documentation, different from the one required for customs purposes, to the appropriate administrative body as a prior condition for the import to the importing Party.

Article 3.2. Scope and Coverage

Unless otherwise provided in this Additional Protocol, this Chapter applies to the trade in goods between the Parties.

Section B. National Treatment

Article 3.3. National Treatment

1. Each Party shall grant national treatment to the goods of another Party in accordance with Section III of GATT 1994, including its interpretative notes. For such purpose, Section III of GATT 1994 and its interpretative notes are incorporated into this Additional Protocol and are an integral part thereof, mutatis mutandis.

2. The provisions of paragraph 1 mean, with respect to a regional or state or local level government a treatment no less favorable than the most favorable treatment that a regional or state or local level government gives to any of the similar goods, directly competitive or substitutable as applicable, of the Party of which such government is part.

3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 3.3.

Section C. Tariff Elimination

Article 3.4. Elimination of Tariffs

1. Unless otherwise provided in this Additional Protocol, each Party shall eliminate its tariffs on originating goods in accordance with its Tariff Elimination List set out in Annex 3.4.

2. Unless otherwise provided in this Additional Protocol, none of the Parties may increase any existing tariff, or adopt any new customs duty, on originating goods.

3. If at any time after the date of the entry into force of this Additional Protocol, a Party reduces its most-favored-nation- tariff applied, such tariff shall apply only if is less than the tariff resulting from the application of Annex 3.4.

4. At the request of any Party, such Party and one or more Parties shall consult, in accordance with this Chapter, to examine the possibility of improving the tariff market access conditions on originating goods set out in their lists of tariff elimination in Annex 3.4. Such agreements between two or more parties shall be adopted by the decisions of the Free Trade Commission.

5. An agreement between two or more Parties to improve tariff market access conditions on originating goods, based on paragraph 4, shall prevail over any duty rate or tariff relief category set out in their respective lists of tariff elimination in Annex 3.4.

6. When a Party decides to unilaterally accelerate the elimination of customs tariffs on originating goods of the other Parties set out in its own list of tariff elimination in Annex 3.4, the Party shall inform the other Parties before the new customs tariff comes into force.

7. If a party improves tariff market access conditions in accordance with paragraphs 4 or 6, the benefits of this improvement will extend to the other Parties.

8. A Party may: (a) Increase a customs tariff to be applied to originating goods to a level not higher than the one set out in Annex 3.4, after a unilateral reduction of such customs tariff, or

(b) Maintain or increase a customs tariff on an originating good, when authorized by the WTO Dispute Settlement Body.

Article 3.5. Customs Valuation

Customs valuation principles applied to trade between the Parties will be governed by the provisions of the Customs Valuation Agreement. To this end, the Customs Valuation Agreement is incorporated to this Additional Protocol and is an integral part thereof, mutatis mutandis.

Section D. Non-Tariff Measures

Article 3.6. Restrictions on Imports and Exports

1. Unless otherwise provided in this Additional Protocol, no Party may adopt or maintain a non-tariff measure that prohibits or restricts the import of any good of another Party or the export or sale for export of any good destined for the territory of another Party, with the exception of the provisions of Section XI of GATT 1994, and its interpretative notes. To this end Section XI of GATT 1994 and its interpretative notes are incorporated to this Additional Protocol and are an integral part thereof mutatis mutandis.

2. The Parties understand that the rights and obligations of GATT 1994 incorporated in paragraph 1 prohibit, in any circumstances in which it is prohibited any other restriction, that a Party adopt or maintain:

(a) Requirements of export and import prices, except as permitted in the performance of duties and obligations of antidumping rights or countervailing measures;

(b) Import licensing conditioned to the fulfillment of a performance requirement, or

(c) Voluntary restrictions to exports, except the ones permitted in Section VI of GATT 1994,

as were established by Section 8 of the Agreement on Subsidies and Section 8.1 of the Antidumping Agreement.

3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 3.3.

4. No Party may require, as a condition of its commitment to import or to the import of a good, that a person of another Party establish or maintain a contractual or other relationship with a distributor in its territory.

5. Nothing in paragraph 4 shall prevent a Party from requiring the appointment of an agent for the purpose of facilitating communications between regulatory authorities of a Party and a person of other Party.

6. For the purposes of paragraph 4, distributor means a person of a Party who is responsible for the commercial distribution, agency, concession or representation in the territory of that Party, of goods of another Party.

Article 3.7. Other Non-Tariff Measures

A measure that could affect the marketing of goods in the territory of a Party shall be in accordance with the obligations of this Additional Protocol. Notwithstanding the foregoing, the Party intending to adopt such measure shall consult with the affected Parties. Measures of this type should be notified to the Parties at least 60 days prior to their implementation and must not diminish the obligations established in this Additional Protocol.

Article 3.8. Import Licenses or Permits

1. No Party shall adopt or maintain a measure inconsistent with the Agreement on Import Licensing.

2. And to this end, the Agreement is incorporated to this Additional Protocol and is an integral part thereof, mutatis mutandis.

3. Unless otherwise provided in this Additional Protocol, licenses or import permits are granted and issued within a maximum period of 20 working days from the date on which the importing Party receives the request, in accordance with the regulating legislation.

4. Upon entry into force of this Additional Protocol, each Party shall notify the other Parties of any existing import licensing procedure.

Page 1 Next page
  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relationship to other International Agreements 1
  • Article   1.3 Interpretation of the Additional Protocol 1
  • Article   1.4 Observance of the Additional Protocol 1
  • Chapter   2 GENERAL DEFINTIONS 1
  • Section   2.1 General Definitions 1
  • Article   2.2 Specific Definition 1
  • Chapter   3 MARKET ACCESS 1
  • Section   A Definitions and Scope 1
  • Article   3.1 Definitions 1
  • Article   3.2 Scope and Coverage 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariff Elimination 1
  • Article   3.4 Elimination of Tariffs 1
  • Article   3.5 Customs Valuation 1
  • Section   D Non-Tariff Measures 1
  • Article   3.6 Restrictions on Imports and Exports 1
  • Article   3.7 Other Non-Tariff Measures 1
  • Article   3.8 Import Licenses or Permits 1
  • Article   3.9 Administrative Fees and Formalities 2
  • Article   3.10 Taxes, Duties or Charges to Export 2
  • Section   E Special Customs Procedures 2
  • Article   3.11 Customs Duty Waiver 2
  • Article   3.12 Temporary Admission or Import of Goods 2
  • Article   3.13 Goods Re-Imported after Repair or Alteration 2
  • Article   3.14 Duty-Free Import of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   F Agriculture 2
  • Article   3.15 Scope 2
  • Article   3.16 Export Subsidies 2
  • Part   G Committee on Market Access 2
  • Article   3.17 Committee on Market Access 2
  • Chapter   4 RULES OF ORIGIN AND PROCEDURES RELATED TO ORIGIN 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Origin Criteria 2
  • Article   4.3 Wholly Obtained or Entirely Produced Goods 2
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Intermediate Materials 3
  • Article   4.6 Indirect Materials 3
  • Article   4.7 Minimal Operations or Processes That Do Not Confer Origin 3
  • Article   4.8 Accumulation 3
  • Article   4.9 De Minimis 3
  • Article   4.10 Fungible Materials and Goods 3
  • Article   4.11 Accessories, Spare Parts, Tools, and Instructional Materials or Information 3
  • Article   4.12 Treatment of Containers and Packaging Materials for Retail 3
  • Article   4.13 Packaging and Containers Materials for Shipment 3
  • Article   4.14 Sets or Assortments 3
  • Section   B Procedures Related to Origin 3
  • Article   4.15 Transit and Transshipment 3
  • Article   4.16 Exhibitions 3
  • Article   4.17 Certification of Origin 3
  • Article   4.18 Duplicate of Certificate of Origin 3
  • Article   4.19 Billing by an Operator In a Country Non- Party 3
  • Article   4.20 Errors of Form 3
  • Article   4.21 Exceptions 3
  • Article   4.22 Obligations In Connection with Imports 3
  • Article   4.23 Tariffs Return 3
  • Article   4.24 Obligations In Connection with Exports 3
  • Article   4.25 Record Keeping Requirements 3
  • Article   4.26 Inquiries and Procedures for the Verification of Origin 3
  • Article   4.27 Sanctions 4
  • Article   4.28 Confidentiality 4
  • Article   4.29 Review and Appeal 4
  • Article   4.30 Committee on Rules of Origin and Procedures In Connection with Origin, Trade Facilitation and Customs Cooperation 4
  • Article   4.31 Short Supply Committee 4
  • Article   4.32 CSS Criteria 4
  • Chapter   5 TRADE FACILITATION AND CUSTOMS COOPERATION 4
  • Article   5.1 Definitions 4
  • Article   5.2 Confidentiality 4
  • Section   A Trade Facilitation 4
  • Article   5.3 Publication 4
  • Article   5.4 Clearance of Goods 4
  • Article   5.5 Automation 4
  • Article   5.6 Risk Administration or Management 4
  • Article   5.7 Express Shipments 4
  • Article   5.8 Authorized Economic Operator 4
  • Article   5.9 Single Window for Foreign Trade 4
  • Article   5.10 Review and Appeal 4
  • Article   5.11 Sanctions 4
  • Article   5.12 Advance Rulings 4
  • Section   B Cooperation and Mutual Assistance In Customs Matters 4
  • Article   5.13 Scope 4
  • Article   5.14 Customs Cooperation 4
  • Article   5.15 Mutual Assistance 5
  • Article   5.16 Form and Contents of the Requests for Mutual Assistance 5
  • Article   5.17 Executions of the Requests 5
  • Article   5.18 Spontaneous Assistance 5
  • Article   5.19 Delivery and Communication 5
  • Article   5.20 Exceptions to the Obligation to Provide Mutual Assistance 5
  • Article   5.21 Files, Documents and other Materials 5
  • Article   5.22 Experts or Expert Witnesses 5
  • Article   5.23 Costs 5
  • Article   5.24 Lack of Assistance 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Definitions 5
  • Article   6.2 Objectives 5
  • Article   6.3 Scope of Application 5
  • Article   6.4 Rights and Obligations 5
  • Article   6.5 Harmonisation 5
  • Article   6.6 Equivalence 5
  • Article   6.7 Risk Assessment 5
  • Article   6.8 Adaptation to Regional Conditions and Recognition of Zones, Areas or Compartments Free of or with Low Prevalence of Pests or Diseases 5
  • Article   6.9 Transparency and Exchange of Information 5
  • Article   6.10 Control, Inspection and Approval Procedures 5
  • Article   6.11 Approvals 5
  • Article   6.12 Cooperation and Technical Assistance 5
  • Article   6.13 Technical Meetings 5
  • Article   6.14 Committee on Sanitary and Phytosanitary Measures 5
  • Article   6.15 Competent Authorities and Points of Contact 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Objectives 6
  • Article   7.2 Scope of Application 6
  • Article   7.3 Incorporation of the TBT Agreement 6
  • Article   7.4 International Standards 6
  • Article   7.5 Cooperation and Facilitation of Trade 6
  • Article   7.6 Technical Regulations 6
  • Article   7.7 Conformity Assessment 6
  • Article   7.8 Transparency 6
  • Article   7.9 Committee on Technical Barriers to Trade 6
  • Article   7.10 Exchange of Information 6
  • Article   7.11 Implementation Annexes 6
  • Article   7.12 Technical Meetings 6
  • Chapter   8 GOVERNMENT PROCUREMENT 6
  • Article   8.1 Definitions 6
  • Article   8.2 Scope of Application 6
  • Article   8.3 General Principles 6
  • Article   8.4 Offsets 7
  • Article   8.5 Valuation 7
  • Article   8.6 Technical Specifications 7
  • Article   8.7 Publication of Government Procurement Measures 7
  • Article   8.8 Government Procurement Notice 7
  • Article   8.9 Procurement Procedures 7
  • Article   8.10 Deadlines for Submission of Bids 7
  • Article   8.11 Procurement Documents 7
  • Article   8.12 Conditions for Participation 7
  • Article   8.13 Treatment of Tenders and Awarding of Contracts 7
  • Article   8.14 Information on Awards 7
  • Article   8.15 Integrity In Government Procurement Practices 7
  • Article   8.16 Appeal Procedure 7
  • Article   8.17 Use of Electronic Media 7
  • Article   8.18 Amendments and Corrections 7
  • Article   8.19 Undisclosed Information 7
  • Article   8.20 Exceptions 7
  • Article   8.21 Facilitating the Participation of Micro, Small and Medium Enterprises 8
  • Article   8.22 Cooperation 8
  • Article   8.23 Government Procurement Committee 8
  • Article   8.24 Future Negotiations 8
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope of Application 8
  • Article   9.3 National Treatment 8
  • Article   9.4 Most-Favoured-Nation Treatment 8
  • Article   9.5 Local Presence 8
  • Article   9.6 Market Access 8
  • Article   9.7 Non-Conforming Measures 8
  • Article   9.8 Transparency 8
  • Article   9.9 Domestic Regulation 8
  • Article   9.10 Recognition 8
  • Article   9.11 Subsidies 8
  • Article   9.12 Complementary Services 8
  • Article   9.13 Transfers and Payments  (6) 8
  • Article   9.14 Statistics of Trade In Services 9
  • Article   9.15 Services Subcommittee 9
  • Article   9.16 Denial of Benefits 9
  • Chapter   10 INVESTMENT 9
  • Section   A 9
  • Article   10.1 Definitions 9
  • Article   10.2 Scope of Application 9
  • Article   10.3 Relation to other Chapters 9
  • Article   10.4 National Treatment 9
  • Article   10.5 Most-Favoured-Nation Treatment  (6) 9
  • Article   10.6 Minimum Standard of Treatment™  (7) 9
  • Article   10.7 Treatment In Case of Strife 9
  • Article   10.8 Performance Requirements 9
  • Article   10.9 Senior Management and Boards of Directors 9
  • Article   10.10 Non-Conforming Measures 9
  • Article   10.11 Transfers  (12) 9
  • Article   10.12 Expropriation and Compensation  (16) 10
  • Article   10.13 Denial of Benefits 10
  • Article   10.14 Special Formalities and Information Requirements 10
  • Section   B Dispute Resolution between a Party and an Investor from Another Party 10
  • Article   10.15 Consultation and Negotiation 10
  • Article   10.16 Submission of a Claim to Arbitration 10
  • Article   10.17 Consent of Each Party to Arbitration 10
  • Article   10.18 Conditions and Limitations on Consent of Each Party 10
  • Article   10.19 Selection of Arbitrators 10
  • Article   10.20 Conduct of the Arbitration 10
  • Article   10.21 Transparency of Arbitral Proceedings 10
  • Article   10.22 Governing Law 10
  • Article   10.23 Interpretation of the Annexes of Non-Conforming Measures 10
  • Article   10.24 Expert Reports 10
  • Article   10.25 Consolidation of Proceedings 10
  • Article   10.26 Awards 11
  • Article   10.27 Service of Documents 11
  • Section   C Complementary Provisions 11
  • Article   10.28 Relation to other Sections 11
  • Article   10.29 Promotion of Investments 11
  • Article   10.30 Social Responsibility Policies 11
  • Article   10.31 Investment and Measures Related to Health, the Environment and other Regulatory Objectives 11
  • Article   10.32 Implementation 11
  • Article   10.33 Joint Committee on Investment and Services 11
  • Annex 10.6  CUSTOMARY INTERNATIONAL LAW 11
  • Annex 10.11  TRANSFERS 11
  • Annex 10.12  EXPROPRIATION 11
  • Annex 10.27  SERVICE OF DOCUMENTS TO A PARTY UNDER SECTION B 11
  • ANNEX ON DECREE LAW 600 - CHILE 11
  • ANNEX ON EXEMPTIONS TO DISPUTE RESOLUTION - MEXICO 11
  • Chapter   11 FINANCIAL SERVICES 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope of Application 12
  • Article   11.3 National Treatment 12
  • Article   11.4 Most Favoured Nation Treatment 12
  • Article   11.5 Right of Establishment 12
  • Article   11.6 Cross-border Trade 12
  • Article   11.7 New Financial Services 12
  • Article   11.8 Treatment of Certain Information 12
  • Article   11.9 Senior Managers and Boards of Directors (3) 12
  • Article   11.10 Noncompliant Measures 12
  • Article   11.11 Exceptions 12
  • Article   11.12 Recognition and Harmonisation 12
  • Article   11.13 Transparency and Administration of Certain Measures 12
  • Article   11.14 Self-regulated Entities 12
  • Article   11.15 Payment and Compensation Systems 12
  • Article   11.16 Specific Commitments 12
  • Article   11.17 Data Processing 12
  • Article   11.18 Financial Services Committee 12
  • Article   11.19 Consultations 12
  • Article   11.20 Dispute Resolution between Parties 12
  • Article   11.21 Dispute Resolution between a Party and an Investor from Another Party 12
  • Annex 11.6  CROSS-BORDER TRADE 12
  • Annex 11.16  SPECIFIC COMMITMENTS 13
  • Annex 11.18  AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 13
  • Chapter   12 MARITIME SERVICES 13
  • Article   12.1 Definitions 13
  • Article   12.2 Scope of Application 13
  • Article   12.3 Participation In Transport 13
  • Article   12.4 National Treatment 13
  • Article   12.5 Agents and Representatives 13
  • Article   12.6 Recognition of Ship Documentation 13
  • Article   12.7 Recognition of Crew Travel Documents of a Party's Ship 13
  • Article   12.8 Jurisdiction 13
  • Article   12.9 Electronic Exchange of Information 13
  • Article   12.10 Competitiveness In the Maritime Industry 13
  • Article   12.11 Cooperation 13
  • Article   12.12 Points of Contact 13
  • Chapter   13 ELECTRONIC COMMERCE 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope and Coverage 13
  • Article   13.3 General Provisions 13
  • Article   13.4 Customs Duties 13
  • Article   13.4 bis Non-Discrimination of Digital Products 13
  • Article   13.5 Transparency 13
  • Article   13.6 Consumer Protection 13
  • Article   13.7 Paperless Administration of Trade 14
  • Article   13.8 Protection of Personal Information 14
  • Article   13.9 Unsolicited Commercial Electronic Messages 14
  • Article   13.10 Authentication and Digital Certificates 14
  • Article   13.11 Cross-Border Transfer of Information by Electronic Means 14
  • Article   13.11 bis Use and Location of Computer Facilities 14
  • Article   13.12 Cooperation 14
  • Article   13.13 Administration of this Chapter 14
  • Article   13.14 Relation to other Chapters 14
  • Chapter   14 TELECOMMUNICATIONS 14
  • Article   14.1 Definitions 14
  • Article   14.2 Scope of Application 14
  • Article   14.3 Access to and Use of Public Telecommunications Networks and Services (2) 14
  • Article   14.3 bis Use of Telecommunications Networks In Emergency Situations 14
  • Article   14.4 Interconnection 14
  • Article   14.5 Number Portability 14
  • Article   14.6 Access to Telephone Numbers 14
  • Article   14.6 bis Hurt, Stolen, or Lost Mobile Terminal Equipment 14
  • Article   14.6 ter Broadband 14
  • Article   14.6 quater Net Neutrality 14
  • Article   14.7 Competitive Safeguards 14
  • Article   14.8 Interconnection with Major Providers 14
  • Article   14.9 Treatment of Major Providers 14
  • Article   14.10 Resale 15
  • Article   14.11 Unbundling of Network Elements 15
  • Article   14.12 Leased Circuit Supply and Pricing 15
  • Article   14.13 Co-location 15
  • Article   14.14 Access to Poles, Ducts, Conduits and Rights of Way (10) (11) 15
  • Article   14.15 Independent Regulatory Agencies 15
  • Article   14.15 bis Mutual and Technical Cooperation 15
  • Article   14.16 Authorisations 15
  • Article   14.17 Allocation, Assignment and Use of Scarce Resources 15
  • Article   14.18 Universal Service 15
  • Article   14.19 Transparency 15
  • Article   14.19 bis Quality of Service 15
  • Article   14.20 International Roaming 15
  • Article   14.21 Flexibility In Technology Choice 15
  • Article   14.21 bis Protection of End-Users of Telecommunications Services 15
  • Article   14.22 Resolution of Telecommunications Disputes 15
  • Article   14.23 Relation to other Chapters 15
  • Chapter   15 bis REGULATORY IMPROVEMENT 15
  • Article   15 bis.1 Definitions 15
  • Article   15 bis.2 General Provisions 15
  • Article   15 bis.3 Scope of Application 15
  • Article   15 bis.4 Establishment of Coordination and Review Mechanisms or Processes Review 15
  • Article   15 bis.5 Promotion of Good Regulatory Practices 15
  • Article   15 bis.6 Regulatory Improvement Committee 15
  • Article   15 bis.7 Cooperation 15
  • Article   15 bis.8 Participation of Interested Persons 16
  • Article   15 bis.9 Notification of Implementation Report 16
  • Article   15 bis.10 Relationship to other Chapters 16
  • Article   15 bis.11 Settlement of Disputes 16
  • Chapter   15 TRANSPARENCY 16
  • Article   15.1 Definitions 16
  • Article   15.2 Points of Contact 16
  • Article   15.3 Publication 16
  • Article   15.4 Notice and Provision of Information 16
  • Article   15.5 Administrative Proceedings 16
  • Article   15.6 Review and Appeal 16
  • Article   Annex 15.2 POINTS OF CONTACT 16
  • Chapter   16 ADMINISTRATION OF THE ADDITIONAL PROTOCOL 16
  • Article   16.1 Free Trade Commission 16
  • Article   16.2 Functions of the Free Trade Commission 16
  • Annex 16.1  MEMBERS OF THE FREE TRADE COMMISSION 16
  • Annex 16.2  COMMITTEES, SUBCOMMITTEES AND WORKING GROUPS 16
  • Chapter   17 DISPUTE RESOLUTION 16
  • Article   17.1 Definitions 16
  • Article   17.2 General Provisions 16
  • Article   17.3 Scope of Application 16
  • Article   17.4 Choice of Forum 16
  • Article   17.5 Consultations 16
  • Article   17.6 Intervention of the Free Trade Commission 16
  • Article   17.7 Establishment of a Panel of Arbitrators 16
  • Article   17.8 Participation of a Third Party 17
  • Article   17.9 Multi-party Proceedings 17
  • Article   17.10 Consolidation of Proceedings 17
  • Article   17.11 Terms of Reference of the Panel of Arbitrators 17
  • Article   17.12 Requirements of the Arbitrators 17
  • Article   17.13 Selection of the Panel of Arbitrators 17
  • Article   17.14 Procedural Rules of the Panel of Arbitrators 17
  • Article   17.15 Draft Award of the Panel of Arbitrators 17
  • Article   17.16 Final Award of the Panel of Arbitrators 17
  • Article   17.17 Request for Clarification by the Panel of Arbitrators 17
  • Article   17.18 Suspension and Termination of Proceedings 17
  • Article   17.19 Compliance with the Final Award of the Panel of Arbitrators 17
  • Article   17.20 Compensation or Suspension of Benefits 17
  • Article   17.21 Urgent Circumstances 17
  • Article   17.22 Review of Compliance and Suspension of Benefits 17
  • Article   17.23 Good Offices, Conciliation and Mediation 17
  • Article   17.24 Administration of Dispute Resolution Proceedings 17
  • Annex 17.3  NULLIFICATION AND IMPAIRMENT 17
  • Chapter   18 EXCEPTIONS 17
  • Article   18.1 General Exceptions 17
  • Article   18.2 Public Order 17
  • Article   18.3 Essential Security 17
  • Article   18.4 Taxation Measures 17
  • Article   18.5 Disclosure of Information 18
  • Article   18.6 Temporary Safeguard Measures 18
  • Annex 18-A  SECURITY 18
  • Chapter   19 FINAL PROVISIONS 18
  • Article   19.1 Annexes, Appendices and Footnotes 18
  • Article   19.2 Depository 18
  • Article   19.3 Entry Into Force 18
  • Article   19.4 Amendments 18
  • Article   19.5 Amendments to the WTO Agreement 18
  • Article   19.6 Termination 18
  • Article   19.7 Accession 18
  • Article   19.8 Reservations 18
  • Annex I  EXPLANATORY NOTES 18
  • Annex I  List of Chile 18
  • Annex I  List of Colombia 18
  • Annex I  List of Mexico 19
  • Annex I  List of Peru 19
  • Annex II  Explanatory Notes 19
  • Annex II  List of Chile 19
  • Annex II  List of Colombia 19
  • Annex II  List of Mexico 19
  • Annex   List of Peru 20
  • State Reserves List of Mexico 20