(ii) Goods in international transit;
(b) Reinsurance and retrocession;
(c) Consulting, actuarial services, risk assessment and loss adjustment of insurance included in subparagraph (a);
(d) Brokerage of insurance included in subparagraphs (a) and (b).
2. Article 11.6 applies to the cross-border supply of or trade in financial services, as defined in subparagraph (c) defining the supply of cross-border financial services in Article 11.1 with respect to the services listed in subparagraphs (c) and (d) of paragraph 1. (1)
Banking services and other financial services (excluding insurance)
3. Article 11.6 applies only with regards to:
(a) The supply and transfer of financial information and processing of financial data and software related thereto referred to in subparagraph (o) in the definition of financial services in Article 111, subject to prior authorisation of the relevant regulator, where required;
(b) Advisory services and other auxiliary financial services, with the exclusion of intermediation, reports and credit analyses, with respect to banking services and other financial services referred to in subparagraph (p) in the definition of financial services in Article 11.7. (2)
4. Despite what is established in paragraph 3 (b), when a Party allows reports and credit analyses to be provided by cross-border financial services providers, it shall award national treatment, as specified in Article 11.3.3, to the cross-border financial services providers of another Party. None of the provisions may be construed to they prevent a Party from restricting or prohibiting the supply of services, reports and credit analyses by cross-border financial services providers.
Annex 11.16. SPECIFIC COMMITMENTS
Investment Advice (3)
1. The Parties shall allow a financial institution, formed outside its territory, to provide investment advisory services (4) in a mutual investment fund located in the territory of the Party. This commitment is subject to Article 11.2 and the provisions of Article 11.6.3 relating to the right to demand registration or authorisation, without prejudice to other means of prudential regulation.
2. For greater certainty, a Party may require that the mutual investment fund located in its territory not delegate its responsibility over administration functions of the mutual investment fund or funds it administers.
3. For the purposes of paragraphs 1 and 2, a mutual investment fund refers to: (a) in the case of Chile, the following fund administration companies under the supervision of the Securities and Insurance Commission:
(i) Mutual Fund Management Firms (Decree Law 1,328 of 1976);
(ii) Investment Fund Management Firms (Law 18,815 of 1989);
(iii) Foreign Capital Investment Management Firms (Law 18,657 of 1987);
(iv) Housing Fund Management Firms (Law 18,281 of 1993); and
(v) General Fund Management Firms (Law 18,045 of 1981);
(b) in the case of Colombia:
(i) A mutual investment fund such as is defined in Article 3.1.1.2.1 of Decree 2555 of 2010 or any regulations modifying or substituting it;
(ii) A voluntary pension or disability fund, in accordance with what is established in the norms of article 168 and subsequent norms of the Organic Statute of the Financial System;
(iii) An obligatory pension fund in accordance with what is established in accordance with provision d) of Law 100 of 1993, and
(iv) A solidarity fund in accordance with what is established in article 99 of Law 50 of 1990;
(c) In the case of Mexico:
(i) Companies managing investment firms laid out in the Investment Firms Law, and
(ii) Retirement fund investors, as laid out in the Act on Retirement Savings Systems;
(d) In the case of Peru:
(i) Mutual securities investment firms, in accordance with the Unique Ordered Text approved by Supreme Decree Number 093-2002-EF;
(ii) Investment funds, in accordance with Legislative Decree Number 862; and
(iii) Pension funds, in accordance with the Unique Ordered Text approved by Supreme Decree Number 054-97-EF.
Non-discriminatory treatment of investors from other Parties
1. Notwithstanding the inclusion of any noncompliant measure in Annex Ill, Section B, referring to social services, the Parties shall ensure compliance with the obligations laid out in Articles 11.3 and 11.4 with respect to investors from another Party:
(a) In the case of Chile, Pension Fund Management Firms established in accordance with Decree Law 3.500;
(b) In the case of Colombia, Pension Fund Management Firms, Severance Fund Management Firms and Pension and Severance Fund Management Firms established in accordance with Law 11 of 1993;
(c) In the case of Mexico, Retirement Fund Management Firms, established in accordance with the Act on Retirement Savings Systems; and
(d) In the case of Peru, Pension Fund Management Firms established in accordance with the Unique Ordered Text approved by Supreme Decree Number 054-97-EF .
Annex 11.18. AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES
The authority each Party gives responsibility for financial services shall be:
(a) In the case of Chile, the Ministry of Finance, or its successor;
(b) In the case of Colombia, the Ministry of Finance and Public Credit, or its successor;
(c) In the case of Mexico, the Secretariat of Finance and Public Credit, or its successor; and
(d) In the case of Peru, The Ministry of Economy and Finance, in cooperation with regulatory bodies, or its successor.
Chapter 12. MARITIME SERVICES
Article 12.1. Definitions
For the purposes of this Chapter:
Crew of a Party's ship means any person employed and who features on the crew list;
Recognised organisation means an organisation that is duly authorised by the competent authority of a Party that fulfils regulatory tasks required by the agreements of the International Maritime Organisation (hereinafter referred to as "IMO";
Services related to maritime transport (1) means the supply of services to fulfil the requirements of the ship, its crew, passengers and/or cargo, pursuant to each Party's laws;
Ship of a Party means any vessel flying the flag of one of the Parties and that is registered by that Party pursuant to its internal provisions. Additionally, the treatment of "ship of a Party" shall be extended to international transport, to ships flying the flags of non-Parties that are leased or operated by ship owners or enterprises of a Party, on the condition that said Party notifies this in due form, without prejudice to the responsibilities and obligations that apply to the State of the ship's flag.
However, this term does not include:
(a) Warship;
(b) Ships used for scientific, oceanographic or hydrographic research
(c) Ships dedicated to fishing, related research and fish processing, or
(d) Ships dedicated to the provision of port support services, harbour traffic and port areas including pilotage, towing, assistance and salvage operations at sea;
Supplier of maritime transport services of a Party means a person who is duly authorised or recognised by the competent authority of the Party to provide maritime transport services.
Article 12.2. Scope of Application
1. This Chapter applies to the measures adopted or maintained by any of the Parties that affect international maritime transport services and services related to maritime transport supplied by a service provider of another Party.
2. The measures that affect the supply of maritime transport services are within the scope of application of the obligations contained in the relevant provisions of Chapters 9 (Cross-Border Trade in Services) and Chapter 10 (Investment), and subject to any exception or non-conforming measures stipulated in this Additional Protocol that may apply to such obligations.
3. Except for the provisions of paragraph 2, in the event of inconsistency between this Chapter and another Chapter of this Additional Protocol, this Chapter shall prevail to the extent of the inconsistency.
4. Notwithstanding the provisions of this Chapter, the Parties recognise their rights and obligations under international instruments issued by different entities of the United Nations, signed and ratified by each of the Parties, that regulate international maritime transport, and activities related to maritime transport (2).
Article 12.3. Participation In Transport
1. The Parties shall agree to cooperation mechanisms to adopt the best practices in order to provide a framework which facilitates continual improvement in maritime transport.
2. Paragraph 1 does not affect any provision or obligation already assumed or soon to be assumed under prevailing international agreements, laws and standards.
Article 12.4. National Treatment
A Party shall accord to ships of another Party in its ports treatment no less favourable than it accords to its own ships in terms of free access, the right of stay and the right to exit the ports, the use of port facilities and all facilities guaranteed by this treatment in relation to commercial and sailing operations, for ships, crew and cargo. This provision shall also apply to the allocation of berths and loading and unloading facilities.
Article 12.5. Agents and Representatives
A supplier of maritime transport services of a Party that operates in the territory of another Party shall have the right to establish representations in that other Party's territory, pursuant to its laws.
Article 12.6. Recognition of Ship Documentation
1. A Party shall recognise the nationality of another Party's ship by verifying the on-board documents, which have been issued by the competent authority of that Party or by an organisation recognised by said other Party pursuant to its laws. For such purposes, the competent authority for issuing on-board documents shall be interpreted as:
(a) In the case of Chile, the Directorate General of Maritime Territory and the Merchant Machine, or its successor;
(b) In the case of Colombia, the Directorate General of Maritime Affairs of the Ministry of Defence or an organisation recognised by Colombia, or its successor;
(c) In the case of Mexico, the Ministry of Communication and Transport, through the Directorate General of the Merchant Machine, or its successor;
(d) In the case of Peru, the Directorate General of Harbourmasters and Coastguards or an organisation recognised by Peru, or its successor.
2. The ship documents issued or recognised by a Party shall be recognised by the other Parties.
Article 12.7. Recognition of Crew Travel Documents of a Party's Ship
The Parties shall recognise as crew travel documents of a Party's ship, a valid passport and/or seaman book, the latter which is issued by the IMO under the international Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, in its amended form, and the Parties will accord to the holders of such documents a treatment no less favourable than they accord to nationals of their own Party.
Article 12.8. Jurisdiction
Any dispute arising from a private contract between a ship owner of one Party and a crew member of another Party shall be settled by the respective judicial and administrative authorities of the Party of the shipâs flag pursuant to the provisions of said contract.
Article 12.9. Electronic Exchange of Information
The Parties shall work to maintain cross-border flows of information as an essential element in promoting a dynamic environment for port and maritime transport services.
Article 12.10. Competitiveness In the Maritime Industry
1. The Parties shall assess joint strategies such as facilitation of regional maritime transport, the development of logistics chains, and facilitation of multi-mode transport, inter alia, to enhance competitiveness and encourage greater regional integration.
2. Based on such assessment, priority will be given to strategies and a work programme will be established for their implementation.
Article 12.11. Cooperation
Considering the global nature of maritime transport, the Parties reaffirm the importance of:
(a) Working together to overcome obstacles that may arise in the provision of maritime transport services and services related to maritime transport, as well as sharing knowledge of best practices;
(b) Sharing information and experiences of laws, regulations and programmes that contribute to greater efficiency in the provision of maritime transport services and services related to maritime transport, as well as promoting education and training opportunities for staff engaged in these services;
(c) Promoting the execution of joint events that contribute to the strengthening of maritime transport services and services related to maritime transport; such as conferences, symposia, business roundtables, trade fairs, hemispheric and multilateral forums;
(d) Promoting the exchange of students between academic merchant marine training centres of the Parties subject to availability and the selection processes determined by each Party;
(e) Working in the pursuit of mechanisms to facilitate and encourage students to undertake training in academic merchant marine training centres, on the ships of the Parties;
(f) Encouraging the exchange of experiences in facilitation projects, based on the concept of a "single point of contact from ship to port," using recognition procedures for electronic documents related to ships, crew and cargo, and
(g) Promoting the exchange of experiences in maritime and port management and operation.
Article 12.12. Points of Contact
1. The Parties establish the following points of contact:
(a) In the case of Chile, the Department of River, Lake and Maritime Transport of the Ministry of Transport and Telecommunications, or its successor;
(b) In the case of Colombia, the Directorate General of Maritime Affairs through the Ministry of Trade, Industry and Tourism, or its successor;
(c) In the case of Mexico, the Directorate General of the Merchant Marine of the Ministry of Communication and Transport, or its successor, and
(d) In the case of Peru, the Directorate General of Water Transport of the Ministry of Transport and Communication through the Ministry of Foreign Trade and Tourism, or its successor.
2. The points of contact shall meet within the framework of the Services Subcommittee Joint Committee on Investment and Services set out in Article 9.15 (Services Subcommittee), to implement, administrate and assess this Chapter, and to adopt shared criteria, definitions and interpretations for the implementation of this Chapter.
Chapter 13. ELECTRONIC COMMERCE
Article 13.1. Definitions
For the purposes of this Chapter:
trade conducted by electronic means means means trade conducted through telecommunications alone, or in conjunction with other information and communications technologies;
trade administration documents means forms that a Party issues or controls that are required to be completed by or for an importer or exporter in connection with the importation or exportation of goods;
personal information means any information about an identified or identifiable natural person; computer facilities means computer servers and devices for the processing or storage of information for commercial purposes, but does not include facilities used to provide public telecommunications services;
interoperability means the ability of two or more systems or components to exchange information and to use the information that has been exchanged;
unsolicited commercial electronic messages means an electronic message that is sent for commercial or advertising purposes without the consent of the recipients, or against the explicit will of the recipient, using an Internet service or, in accordance with the laws of the Party, by other telecommunications services;
covered person means:
(a) a covered investment, as defined in Article 10.1 (Definitions);
(b) an investor of a Party, as defined in Article 10.1 (Definitions), but excluding an investor in a financial institution; or
(c) a service supplier of a Party, as defined in Article 9.1 (Definitions),
but not a financial institution or a cross-border financial services supplier of a Party, as defined in Article 11.1 (Definitions), and (b) a financial institution or a cross-border financial services supplier of a Party, as defined in Article 11.1 (Definitions).
digital products means computer software, text, video, images, sound recordings, and other products that are digitally encoded, that are produced for commercial sale or distribution, and that may be transmitted electronically. (1)
Article 13.2. Scope and Coverage
1. This Chapter applies to measures affecting electronic transactions in goods and services, including digital products, without prejudice to the provisions on services and investment that are applicable under this Additional Protocol.
2. This Chapter does not apply to:
(a) information held by or on behalf of a Party, or measures relating to such information, nor to,
(b) lawful procurement.
Article 13.3. General Provisions
1. The Parties recognise the economic growth and opportunities which result from electronic commerce.
2. Considering the potential that electronic commerce has as an instrument for socio-economic development, the Parties recognise the importance of:
(a) The clarity, transparency and predictability of their national policy frameworks to facilitate, insofar as possible, the development of electronic commerce;
(b) Encouraging self-regulation in the private sector to promote trust in electronic commerce, taking into consideration the interests of users, through initiatives such as industry guidelines, standardised contracts, codes of conduct and seals of approval;
(c) Interoperability, innovation and competence to facilitate electronic commerce;
(d) Ensuring that international and national policies concerning electronic commerce take into account the interests of all users, including enterprises, consumers, non-governmental organisations and relevant public institutions;
(e) Facilitating the use of electronic commerce by micro, small and medium-sized enterprises, and
(f) Guaranteeing the security of electronic commerce users, taking into consideration international data protection standards.
3. Each Party shall seek to adopt measures to facilitate electronic commerce, dealing with the issues relevant to the electronic environment.
4. The Parties recognise the importance of avoiding unnecessary barriers to electronic commerce. Taking into account their national policy objectives, each Party shall seek to avoid measures that:
(a) Hinder electronic commerce, or
(b) Result in commercial exchanges made through electronic means being more restricted than trade carried out through other means.
Article 13.4. Customs Duties
1. No Party may apply customs duties, fees or charges for the import or export of digital products through electronic means.
2. For greater certainty, this Chapter does not preclude a Party from levying domestic taxes or other domestic charges on digital products traded electronically, provided that said taxes or charges are not levied in a manner that is inconsistent with this Additional Protocol.
Article 13.4 bis. Non-Discrimination of Digital Products
1. No Party shall accord less favorable treatment to digital products created, produced, published, licensed, commissioned, or otherwise made available for the first time on commercial terms in the territory of another Party or a non-Party, or to digital products authored, performed, produced, managed, or owned by a person of another Party or a non- Party, than it accords to other similar digital products.
2. For greater certainty, this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.
Article 13.5. Transparency
Each Party, pursuant to its laws, shall promptly publish or otherwise make public its laws, regulations, procedures, and generally applicable administrative decisions related to electronic commerce.
Article 13.6. Consumer Protection
1. The Parties recognise the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial practices in electronic commerce.