Pacific Alliance Additional Protocol (2014)
Previous page Next page

(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.

(1) This applies only to Chile, Colombia and Peru.
(2) For greater certainty, it is understood that the commitments of the Parties in cross-border advisory services will not be interpreted in the sense that it demands that a Party allow the public offer of securities, as may be defined by its respective law, in the territory of that Party by cross-border services of another Party which supply or intend to supply said advisory services. The Parties may hold cross-border providers of advisory services to regulatory and registration requirements.

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 .

(3) The Parties agree that the rights and obligations relating to the commitments pertaining to advice on investment in this Annex will not apply to Chile, its service lenders or those service borrowers from or to Chile with respect to obligatory pension funds. If, following the entry into force of this Additional Protocol, Chile allows a financial institution formed outside its territory, to allow investment advisory services to an obligatory pension fund located in its territory, it will be understood that the rights and obligations relating to the commitments pertaining to investment advice, with respect to obligatory pension funds, will be applicable to cross-border providers from all Parties. For these purposes, it will be understood that obligatory pension funds will be automatically included in the definition of a mutual investment fund in Chile.
(4) For greater certainty, investment advisory services do not include the management or administration of portfolios or related activities, such as custodial or trustee services

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.

(1) For greater certainty these services include port 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).

(2) For greater certainty, the obligations of the Parties under the international instruments mentioned in this paragraph are not subject to the dispute resolution mechanism established by this Additional Protocol.

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 ship’s 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)

(1) For greater certainty, digital products do not include digital representations of financial instruments, including money. The definition of digital products is without prejudice to the discussions being held in the WTO concerning whether the trade of electronically transmitted digital products constitutes a good or a service.

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.

  • 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