Pacific Alliance Additional Protocol (2014)
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Article 15 bis.8. Participation of Interested Persons

The Committee shall establish appropriate mechanisms for interested persons of the Parties to have the opportunity to provide views on issues related to regulatory reform and strengthening.

Article 15 bis.9. Notification of Implementation Report

1. For transparency purposes, and to serve as a basis for cooperation and capacity building activities, each Party shall notify an implementation report of this Chapter to the Committee within two years of the date of entry into force of the First Amending Protocol and at least once every three years thereafter. For this purpose, each Party shall circulate such report to the other Parties through the contact points designated pursuant to Article 15 bis.6.9. Such report may be reviewed by the Committee at its next meeting.

2. In its first report, each Party shall describe the actions it has taken since the date of entry into force of the First Amending Protocol and those it plans to take to implement this Chapter, including those to:

(a) establish a body or mechanism to facilitate effective interagency coordination and review of draft or proposed regulatory measures covered, in accordance with Article 15 bis.4;

(b) encourage its competent regulatory authorities to conduct regulatory impact assessments, in accordance with Articles 15 bis.5.1 and 15 bis.5.2;

(c) ensure that draft or proposed regulatory measures covered are accessible, in accordance with Articles 15 bis.5.5.5 and 15 bis.5.6;

(d) review existing covered regulatory measures, in accordance with Article 15 bis.5.7; and

(e) make public the annual notice of covered regulatory measures intended to be issued or amended during the following 12 months, in accordance with Article 15 bis.5.8.

3. In its successive reports, each Party shall describe the actions it has taken since the previous report and the actions it plans to take to implement this Chapter.

4. In considering matters relating to the implementation of this Chapter pursuant to Article 15bis.6.4, the Committee may conduct a review of the implementation reports. During this review, the Parties may discuss or ask questions on specific aspects of any Party's report. The Committee may also, on the basis of such review, identify opportunities for assistance or cooperative activities. assistance or cooperative activities.

Article 15 bis.10. Relationship to other Chapters

In the event of any inconsistency between this Chapter and another Chapter of the Additional Protocol, the other Chapter shall prevail to the extent of the inconsistency.

Article 15 bis.11. Settlement of Disputes

This Chapter is not subject to the provisions set out in Chapter 17 (Settlement of Disputes) of the Additional Protocol.

Chapter 15. TRANSPARENCY

Article 15.1. Definitions

For the purposes of this Chapter:

Administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and factual situations that generally fall within its scope and that establishes a standard of conduct, but does not include:

(a) A determination or ruling made in administrative proceedings that applies to a particular person, good or service of any of the Parties in a specific case; or

(b) A ruling on a particular act or practice.

Article 15.2. Points of Contact

1. The contact points referred to in Annex 15.2 shall facilitate communication between the Parties on any matter covered by this Additional Protocol.

2. At the request of any of the Parties, the contact point of a Party shall indicate the office and the official responsible for the matter and it shall provide the necessary support for facilitating communication with the requesting Party.

Article 15.3. Publication

1. Each Party shall ensure, pursuant to its domestic law, that its laws, regulations, procedures and administrative rulings of general application regarding any matter covered by this Additional Protocol, are promptly published or made available to interested persons and to other Parties.

2. Each Party must, insofar as possible:

(a) Publish in advance any measure mentioned in paragraph 1 that it proposes to adopt; and

(b) Provide a reasonable opportunity for interested persons and other Parties to comment on the proposed measures.

Article 15.4. Notice and Provision of Information

1. Each Party, wherever possible, must inform the other Parties of any proposed or existing measure that the Party considers may materially affect the operation of this Additional Protocol, or that may substantially affect the interests of another Party pursuant to this Additional Protocol.

2. At the request of any of the Parties, a Party shall promptly provide information and answer questions related to any proposed or existing measure that the requesting Party considers may materially affect the operation of this Additional Protocol or substantially affect its interests under this Additional Protocol, regardless of whether the requesting Party was previously informed of that measure.

3. Any notice, request or information related to this Article shall be provided by the relevant contact points.

4. Any notice, answer or information provided pursuant to this Article shall be without prejudice to the measure's consistency with this Additional Protocol.

5. Where a Party provides confidential information to another Party, in accordance with this Additional Protocol, the other Party shall keep that information confidential.

Article 15.5. Administrative Proceedings

In order to administer the measures described in Article 15.3 in a consistent, impartial and reasonable manner, each Party shall ensure that in its administrative procedures in which these measures are applied to particular persons, goods or services of another Party in specific cases:

(a) Wherever possible, persons of another Party that are directly affected by a proceeding are provided reasonable notice of the initiation of proceedings pursuant to the Party's domestic procedures, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of all the issues in dispute;

(b) Such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and

(c) Its procedures are consistent with its domestic law.

Article 15.6. Review and Appeal

1. Each Party shall establish and maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review, and where appropriate, correction of final administrative actions concerning matters covered by this Additional Protocol. Such tribunals shall be impartial and independent of the office or authority responsible for applying administrative measures and they shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceedings have the right to:

(a) areasonable opportunity to support or defend their respective positions; and

(b) A decision based on the evidence and arguments put forth or, where required by that Party's domestic law, the record compiled by the administrative authority.

3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decisions are implemented by, and govern the practice of, the office or authority concerned by the administrative action at issue.

Article Annex 15.2. POINTS OF CONTACT

For the purposes of Article 15.2 the contact points shall be:

(a) In the case of Chile, the Department of South America and Regional Integration Agencies of the Directorate General of International Economic Relations of the Ministry of Foreign Affairs, or its successor;

(b) In the case of Colombia, the Directorate of Economic Integration of the Ministry of Trade, Industry and Tourism, or its successor;

(c) In the case of Mexico, the International Negotiations Unit of the Undersecretariat of Foreign Trade of the Ministry of Economy, or its successor;

(d) In the case of Peru, the Department of Foreign Trade of the Ministry of Foreign Trade and Tourism, or its successor.

Chapter 16. ADMINISTRATION OF THE ADDITIONAL PROTOCOL

Article 16.1. Free Trade Commission

1. The Parties hereby establish the Free Trade Commission. This Commission shall comprise officials from the ministerial level of each Party, as set out in Annex 16.1, or their designees, and it shall be chaired by the Party holding the pro tempore presidency of the Pacific Alliance.

2. The Free Trade Commission shall establish its own rules and procedures, and it shall adopt decisions and recommendations by consensus.

3. The ordinary meetings of the Free Trade Commission shall be held annually, unless the Parties agree otherwise. Any Party may request the convening of an extraordinary meeting. Free Trade Commission meetings may be held in person or through any technological means.

4. The Free Trade Commission must hold its first ordinary meeting within the first year of this Additional Protocol entering into force.

5. The Free Trade Commission shall hold meetings with all Parties present.

Article 16.2. Functions of the Free Trade Commission

1. The Free Trade Commission must:

(a) Ensure that the provisions of this Additional Protocol are complied with and properly implemented;

(b) Assess the results achieved through the implementation of this Additional Protocol;

(c) Contribute to the dispute resolution process pursuant to Chapter 17 (Dispute Resolution);

(d) Supervise the work of all committees, subcommittees and working groups established under this Additional Protocol under Annex 16.2, as well as those established pursuant to paragraph 2 (b); and

(e) Consider any other matter that may affect the operation of this Additional Protocol, or that is requested by the Parties.

2. The Free Trade Commission may: (a) Adopt decisions in order to:

(i) Improve the tariff conditions for market access of originating goods established in the Parties’ respective tariff elimination schedules under Annex 3.4;

(ii) Approve recommendations proposed by the Committee on Rules of Origin and Procedures Related to Origin, Trade Facilitation and Customs Cooperation, pursuant to Article 4.30.2 (b) (i) (Committee on Rules of Origin and Procedures Related to Origin, Trade Facilitation and Customs Cooperation);

(iii) Modify the format and instructions of the certificate of origin established in Annex 4.17 (Certificate of Origin and Instructions for its completion); and

(iv) Update the entities listed in Annex 8.2, pursuant to the provisions of Article 8.18 (Modifications and Rectifications).

(v) approve the implementation annexes referred to in Article 7.11 (Implementation Annexes).

Each Party shall implement any decision referred to in subparagraph

(a) within the timeframe agreed by the Parties (1) and pursuant to its domestic legal procedures.

(b) Establish the committees and working groups that it deems relevant within the framework of this Additional Protocol;

(c) Issue interpretations on the provisions of this Additional Protocol;

(d) Seek the advice of persons or entities that it considers appropriate; (e) Recommend amendments to be made to this Additional Protocol by the Parties; and

(f) Adopt other actions and measures, within the scope of its functions, which ensure that the objectives set out under this Additional Protocol are achieved.

(1) Chile shall implement the decisions of the Free Trade Commission referred to in Article 16.2.2 through implementation agreements pursuant to Article 54 section 1 paragraph 4 of the Political Constitution of the Republic of Chile.

Annex 16.1. MEMBERS OF THE FREE TRADE COMMISSION

The Free Trade Commission shall comprise:

(a) In the case of Chile, the General Director of International Economic Relations, or his or her successor;

(b) In the case of Colombia, the Minister of Trade, Industry and Tourism, or his or her successor;

(c) In the case of Mexico, the Minister of Economy, or his or her successor; and

(d) In the case of Peru, the Minister of Foreign Trade and Tourism, or his or her successor.

Annex 16.2. COMMITTEES, SUBCOMMITTEES AND WORKING GROUPS

1. Committees

(a) Committee on Market Access (Article 3.17);

(b) Committee on Rules of Origin and Procedures Related to Origin, Trade Facilitation and Customs Cooperation (Article 4.30);

(c) Committee on Scarce Supply (Article 4.31);

(d) Committee on Sanitary and Phytosanitary Measures (Article 6.14); (e) Committee on Technical Barriers to Trade (Article 7.9);

(f) Committee on Government Procurement (Article 8.23);

(g) Joint Committee on Investment and Services (Article 10.33);

(h) Committee on Financial Services (Article 11.18); and

(i) Regulatory Improvement Committee (Article 15 bis.6).

2. Subcommittees

(a) Subcommittee on Services (Article 9.15); and

(b) Subcommittee on Investment (Article 10.33.6).

3. Working Groups

(a) Technical Working Group of the Authorised Economic Operator (Annex 5.8); and

(b) Working Group of Annex 5.9 (Annex 5.9, paragraph 6).

Chapter 17. DISPUTE RESOLUTION

Article 17.1. Definitions

For the purposes of this Chapter:

Complaining Party means the Party that seeks the establishment of a Panel of Arbitrators pursuant to Article 17.7 and makes a complaint, that may comprise one or more Parties in accordance with Article 17.9;

Consultee means the Party that receives a request for consultation pursuant to Article 17.5; Consulting Party means the Party that seeks consultation pursuant to Article 17.5; Consulting Parties means the Consultee and the Consulting Party;

Disputing Parties means the complaining Party and the Party complained against;

Party complained against means the Party against whom the establishment of a Panel of Arbitrators is sought pursuant to Article 17.7 and against whom a complaint is made;

Third party means a Party that is not party to the dispute and that participates in the consultations in accordance with Article 17.5.10 or in the proceedings before the Panel of Arbitrators pursuant to Article 17.7.

Article 17.2. General Provisions

1. The disputing Parties shall endeavour to reach an agreement on the interpretation and implementation of this Additional Protocol and they shall make every effort to reach a mutually satisfactory solution to any matter that may affect its operation.

2. This Chapter shall seek to offer the Parties an effective, efficient and transparent dispute resolution process with regard to their rights and obligations as set out in this Additional Protocol.

Article 17.3. Scope of Application

Unless otherwise provided for in this Additional Protocol, the provisions of this Chapter shall apply to the prevention and resolution of any dispute that arises between the Parties (1) with regard to the interpretation or implementation of the provisions of this Additional Protocol or where a Party considers that: (a) An existing or proposed measure of another Party is or may be inconsistent with the obligations set out in this Additional Protocol;

(b) Another Party has otherwise breached the obligations set out in this Additional Protocol, or

(c) An existing or proposed measure of another Party has caused or may cause the nullification or impairment of the benefits that the Party may have reasonably expected to receive from the implementation of any of the provisions of this Additional Protocol, pursuant to Annex 17.3.

(1) For greater certainty, this Chapter shall not apply to disputes that arise between the Republic of Colombia and the Republic of Peru with regard to the standards which define the legal system of the Andean Community.

Article 17.4. Choice of Forum

1. The disputes concerning single issues that arise in relation to the provisions of this Additional Protocol, the Agreement on the WTO or any other trade agreement to which the Parties are party, may be resolved in any of the said forums, as selected by the complaining Party.

2. Once the complaining Party has sought the establishment of a Panel of Arbitrators under this Chapter or under one of the agreements referred to in paragraph 1, or once the complaining Party has sought the establishment of a panel pursuant to the Understanding on Rules and Procedures goveming the Settlement of Disputes that is part of the Agreement on the WTO, the forum selected shall be to the exclusion of the others.

Article 17.5. Consultations

1. Any Party may request in writing consultations with any other Party with regard to any matter referred to in Article 17.3. The consulting Party shall deliver the request to the other Party, explaining the reasons for the request, including identification of the applicable measure and indication of the legal grounds for the complaint. The consulting Party shall promptly send a copy of the request to the other Parties.

2. The Consultee shall promptly reply in writing to the request for consultations, within 10 days of receipt of such request.

3. The consultations shall be entered into in good faith.

4. Notwithstanding the provisions of paragraph 5, the consultations shall take place within 30 days of the date the request is received, unless the consulting Parties agree to a different timeframe.

5. In urgent circumstances, such as those related to perishable goods, the consultations shall be carried out within 15 days of the date the request is received, unless the consulting Parties agree to a different timeframe.

6. The consulting Parties shall ensure that consultations are organised in an expedited and timely manner, including the involvement of their competent authorities or other regulatory bodies with technical knowledge of the subject matter of the consultations.

7. The consulting Parties shall make every effort to reach a mutually satisfactory resolution of the matter undergoing consultation pursuant to the provisions of this Article. To this end, each consulting Party:

(a) Shall provide sufficient information to enable a full examination of the measure or subject matter of the consultations; and

(b) Shall treat confidential or proprietary information received during consultations on the same basis as the Party providing the information.

8. The consultations shall be confidential, notwithstanding the rights of the Parties in any other proceedings.

9. The consultations may be carried out in person or by any other technological means agreed by the consulting Parties. If in person, consultations must be carried out in the territory of the consultee, unless the consulting Parties agree otherwise.

10. Any of the Parties that considers itself to have an interest in the subject matter of the consultations, may participate in the consultations in the capacity of a third party, if it informs the other Parties in writing within five days of receiving a copy of the request for consultations.

11. Parties participating in consultations in the capacity of a third party may express their opinions on the matter at issue, during consultations.

12. The involvement of third parties shall not affect the consultations, in order that the consulting Parties may achieve a mutually satisfactory solution to the matter at issue.

Article 17.6. Intervention of the Free Trade Commission

1. Any of the consulting Parties may make a written request for the intervention of the Free Trade Commission, in any of the following cases:

(a) where the consultee does not reply to the request for consultations pursuant to Article 17.5.2; or

(b) where the subject matter of the consultations is not resolved within the timeframe established in Article 17.5.4 or Article 17.5.5, as appropriate.

2. The consulting Party or the consultee shall deliver the request referred to in paragraph 1 to the other Party, as appropriate, setting out the reasons for the request, including identification of the measure at issue and an indication of the legal grounds for the complaint. A copy of the request must be promptly sent to the other Parties.

3. Unless the consulting Parties agree to a different timeframe, the Free Trade Commission must meet within 10 days of receipt of the request and it shall endeavour for the consulting Parties to reach a mutually satisfactory resolution on the subject matter of the consultations within 30 days of their meeting. To this end, the Free Trade Commission may:

(a) Call on technical advisers or create working groups on the subject as it deems necessary;

(b) Have recourse to good offices, conciliation, mediation, or other alternative dispute resolution mechanisms; or

(c) Make recommendations.

4. The Free Trade Commission may consolidate two or more proceedings regarding the same measure or matter before it pursuant to this Article. The Free Trade Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article where it determines them appropriate to be examined jointly.

Article 17.7. Establishment of a Panel of Arbitrators

1. The complaining Party may make a written request to the Party complained against for the establishment of a Panel of Arbitrators, when:

(a) The Free Trade Commission has not convened within 10 days of the delivery of the request for intervention, or within the timeframe agreed by the consulting Parties, pursuant to Article 17.6.3;

(b) The matter has not been resolved within 30 days of the meeting of the Free Trade Commission, pursuant to Article 17.6.3;

  • 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