Pacific Alliance Additional Protocol (2014)
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(i) Manufacturing operations conducted in the territory of one or more Parties, or

(ii) Used goods collected in the territory of one or more Parties, provided that such waste or scrap is fit only for the recovery of raw materials, and

(j) Goods obtained or produced in the territory of one or more Parties exclusively from the goods referred to in sub-paragraphs (a) to (i).

Article 4.4. Regional Value Content

1. The regional value content of a good shall be calculated on the basis of the FOB value or on the net cost, at the choice of the producer or exporter of the good, in the following way:

RVC = FOB - VNM/FOB x 100

Where:

RVC: is the regional value content of a good expressed as a percentage;

FOB: is the free on board value of the goods, and

VNM: is the value of non-originating materials.

Or

RVC = NC - VNM/NC x 100

Where:

RVC: is the regional value content, expressed as a percentage;

NC: is the net cost of the goods, and

VNM: is the value of non-originating materials used by the producer in the production of the good, determined in accordance with paragraph 2.

2. For purposes of calculating the RVC in paragraph 1:

(a) The value of non-originating materials shall be:

(i) The CIF value of the material at the time of importation, or

(ii) In the case of a material acquired in the territory where the good is produced, the price paid or payable, regardless freight, insurance, packing costs and all other costs incurred in transporting the material from the store of the supplier to the place where the producer is located, and

(b) The values referred to in sub-paragraph (a) shall be determined in accordance with the Agreement on Customs Valuation.

Article 4.5. Intermediate Materials

When an intermediate material, referred to as such, is used in the production of a good, the non-originating materials contained in said intermediate material shall not be taken into account for the purpose of the qualification and determination of the origin of the good.

Article 4.6. Indirect Materials

Indirect materials shall be considered originating, regardless of the place where they are produced.

Article 4.7. Minimal Operations or Processes That Do Not Confer Origin

1. The following minimal processes or operations do not confer origin:

(a) Operations to ensure that the goods are preserved in good condition during transport and storage, such as drying, freezing, ventilation, refrigeration;

(b) Selection, classification, screening, washing, cutting, folding, rolling, unrolling, sharpening, grinding, slicing;

(c) Cleaning, including the removal of rust, grease, paint or other coatings; (d) Painting and polishing operations;

(e) Placing in bottles, cans, jars, bags, cases, boxes, fixing on cardboard or boards and all other packaging operations;

(f) Packing, changes in packing, unpacking, crating and uncrating operations, and the breaking up and assembly of consignments;

(g) Dilution in water or other substances that do not materially alter the characteristics of the goods, and

(h) The combination of two or more operations of those listed in sub- paragraphs (a) through (g).

2. The provisions of this Article shall prevail over the specific requirements of origin described in Annex 4.2.

Article 4.8. Accumulation

1. Originating materials from the territory of one or more Parties, incorporated in a good in the territory of other Party, shall be considered as originating in the territory of such other Party, provided they comply with the applicable provisions of this Chapter.

2. A good shall be considered originating, where it is produced in the territory of one or more Parties by one or more producers, provided they meet the applicable provisions of this Chapter.

3. Paragraphs 1 and 2 shall be applied only when the customs tariff of such good, that results from tariff elimination, is 0% in all Parties.

Article 4.9. De Minimis

1. A good that does not undergo a change in tariff classification is considered as originating if:

(a) The value of all non-originating materials used in its production that do not undergo the required change in the tariff classification does not exceed 10% of the FOB value of the goods. The goods shall comply with all other applicable criteria provided in this Chapter.

(b) When the good referred to in paragraph 1 is subject to a requirement of regional value content, the value of the materials non- originating will be included in the calculation of regional value content of the good.

2. For a good classified in Chapters 1 to 24 of the Harmonized System (HA), the percentage of the De Minimis provided in paragraph 1 may only apply when the non- originating materials used in its production are different from the final good.

3. For a good classified in Chapters 50 through 63 of the Harmonized System (HS) the provisions of paragraph 1 (a) will not apply. In this case, the good will be considered originating if the weight of all the fibers or yarns of the non-originating component that determines the tariff classification of the good, that do not meet the requirement of change of applicable tariff classification, does not exceed the 10% of the total weight of the goods.

Article 4.10. Fungible Materials and Goods

1. For purposes of determining whether a good is originating where in its production originating and non- originating fungible materials are used and they physically mixed or combined, the origin of the materials may be determined by:

(a) The physical separation of each of the materials, or

(b) The use of a method for managing stocks recognized in the Generally Accepted Accounting Principles of the Party in which the production is performed.

2. When originating and non-originating fungible goods are physically mixed or combined and, prior to their exportation do not undergo any production process or any other operation in the territory of the Party in which they were physically mixed or combined, other than the unloading, reloading or any other necessary operation to keep the goods in good condition or to transport them to the territory of other Party, the origin of the goods may be determined by:

(a) The physical separation of each of the materials, or

(b) The use of a method for managing stocks recognized in the Generally Accepted Accounting Principles of the Party in which such production is performed.

3. Once one of the methods of inventory control has been selected, it must be used during the fiscal year of the Party in which the production is performed.

Article 4.11. Accessories, Spare Parts, Tools, and Instructional Materials or Information

1. Where a good complies with the appropriate change in tariff classification, the accessories, spare parts, tools and instructional or information materials supplied with such goods shall be considered an as part thereof, and shall not be taken into account for the qualification and determination of origin.

2. Where a good is subject to the requirement of regional value content, the value of the accessories, spare parts, tools and instructional or information materials shall be considered as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

3. For the cases referred to in paragraphs 1 and 2: (a) The accessories, spare parts, tools and instructional or information materials shall be classified with the good and not be invoiced separately, and

(b) The quantities and value of the accessories, spare parts, tools and instructional or information materials shall be the customary for the good.

Article 4.12. Treatment of Containers and Packaging Materials for Retail

1. When a good is subject to the criterion of change of its tariff classification, under the provisions of Appendix 4.2, the containers and packaging materials classified together with the packaged goods, shall not be considered in the qualification and determination of origin.

2. When a good is subject to the requirement of regional value content, the value of the containers and packaging materials for retail, classified together with the good, shall be considered for the qualification and determination of the origin of the good as originating or non-originating, as applicable.

3. When a good is wholly obtained or entirely produced in the territory of one or more Parties in accordance with Article 4.2 (a), or is produced exclusively from originating materials in accordance with Article 4.2 (b), the containers and packaging materials classified together with the packaged good shall not be considered in the qualification and determination of origin.

Article 4.13. Packaging and Containers Materials for Shipment

Packaging materials and containers materials used for the transport of goods shall not be considered in the qualification and determination of the origin of the goods.

Article 4.14. Sets or Assortments

1. A set or assortment which is classified according to Rules 1 or 3 of the General Rules for Interpretation of the Harmonized System (HS) shall be considered originating when each one of the components of the set or assortment is originating.

2. Notwithstanding paragraph 1, where a set or assortment is composed of originating and non-originating goods, the set or assortment as a whole shall be considered originating provided that the value of non-originating goods does not exceed 12% of the total value of the set or assortment.

3. The provisions of this Article shall prevail over the specific rules of origin set forth in Exhibit 4.2.

Section B. Procedures Related to Origin

Article 4.15. Transit and Transshipment

1. For the goods to maintain their status of originating and benefit from preferential tariff treatment, they must have been shipped directly from the exporting Party to the importing Party. For this purpose, the goods that shall be deemed shipped directly are:

(a) The goods transported only through the territory of one or more Parties;

(b) The goods in transit through one or more countries that are not Party of this Additional Protocol, with or without temporary transhipment or storage, provided that:

(i) They do not undergo any operation outside the territory of the Parties other than unloading, reloading, breaking of bulk or any other operation necessary to preserve them in good conditions, and

(ii) Remain under the control of the customs authorities in the territory of a non-Party.

2. The importer may demonstrate compliance with paragraph 1 (b):

(a) In case of transit or transhipment, with transport documents, such as the air waybill, the bill of lading, the consignment note, or the multi-modal or combined transport document, as appropriate;

(b) In case of storage, with transport documents, such as the air waybill, the bill of lading, the consignment note, or the multi- modal or combined transport document, as appropriate, and the documents issued by the customs authority or other competent entity, in accordance with the laws of the country that is not Party, accrediting the storage or

(c) In the absence of the above, any other supporting documentation, issued by the customs authority or other competent authority, in accordance with the law of the country that is not Party.

Article 4.16. Exhibitions

1. Originating goods imported by another Party after its display in a non-Party country shall maintain its status of originating, and may be granted preferential tariff treatment, provided that they have remained under customs control in the territory of that non-Party country.

2. For purposes of applying paragraph 1, a certificate of origin shall be issued in accordance with Article 4.17. However, if the importing Party considers it necessary, it may request additional documentary evidence in connection with the exhibition, such as transport, customs or other documents.

Article 4.17. Certification of Origin

1. The importer may claim preferential tariff treatment based on a certificate of origin written or electronic (1) issued by the competent authority for issuing certificates of origin of the exporting party at the request of the exporter. The certificate of origin shall be issued not later than the date of shipment of the goods.

2. Notwithstanding paragraph 1, a certificate of origin may be issued after the date of shipment of the goods, provided that: (a) It has not been issued on the date of shipment due to errors, involuntary omissions or any other circumstances that may be considered justified in accordance with the laws of the exporting Party, or

(b) It is established to the satisfaction of the authority competent to issue certificate of origin that the certificate of origin issued was not accepted at the time of importation. The period of validity should be maintained as indicated on the certificate of origin issued in the first place.

3. For purposes of the issuance of the certificate of origin, the competent authority for issuing certificates of origin will consider the originating status of the goods in the territory of such authority. To that end, it may request any supporting evidence, pay visits to inspect the premises of the exporter or producer or perform any other control considered appropriate.

4. The certificate of origin shall have a single format as set out in Annex 4.17. Such format may be modified by agreement between the Parties. The certificate of origin must be properly completed in accordance with its instructions.

5. The certificate of origin shall be valid for one year from the date that it was issued. Such certificate of origin may cover the export of one or various goods to the territory of a Party and shall be issued on the date of issuance of the commercial invoice or after it.

6. The names and seals of the competent authorities to issue certificates of origin as well as the record of the names and signatures of the officials accredited for that purpose, shall be notified by each Party.

(1) If two or more Parties are ready, they may issue and receive certificates of origin electronically at the time of entry into force of this Additional Protocol, by previous agreement between them.

Article 4.18. Duplicate of Certificate of Origin

1. In case of theft, loss or destruction of a certificate of origin, the exporter may request in writing to the competent authority for issuing certificates of origin, a duplicate of the original, which will be issued on the basis of the documents in possession of the competent authority for issuing certificates of origin.

2. The phrase “Duplicate of the certificate of origin N°........... date of issue .......... shall be placed in the "comments" field. The validity of that certificate shall be reckoned from the date of issuance of the original certificate of origin.

Article 4.19. Billing by an Operator In a Country Non- Party

1. Goods complying with the provisions of this Chapter retain their originating status, even when they are billed by commercial operators of a non-Party country.

2. The certificate of origin shall indicate in the "comments" field when a good is invoiced by an operator of a non-Party country. In addition, the full name and legal address of the operator of the non-Party country shall be indicated.

Article 4.20. Errors of Form

Formal errors on a certificate of origin, such as typos, shall not cause the rejection of the certificate provided the errors do not create doubts on the accuracy f the information contained in that certificate.

Article 4.21. Exceptions

The certificate of origin shall not be required when:

(a) The customs value of the imported goods does not exceed U$1,000 (United States dollars) or its equivalent in the currency of the Importing Party, or a higher amount established by the importing Party, unless the importing Party considers that the importation is part of a series of imports carried out or planned with the purpose of evading compliance with the certification requirements set out in Section 4.17, or

(b) Is a good for which the importing Party in accordance with its legislation does not require that the importer submit a certification or information proving the origin.

Article 4.22. Obligations In Connection with Imports

1. Except for the provisions in Article 4.23, each Party shall require that the importer claiming preferential tariff treatment in its territory:

(a) Declare on the customs import document required by its legislation, and based on a certificate of origin, that the good qualifies as an originating good;

(b) Have the certificate of origin in its possession at the time of making the declaration referred to in sub-paragraph (a);

(c) Is in possession of the documents proving compliance with requirements of Article 4.15.2, when applicable;

(d) Provide the certificate of origin, as well as the documents referred to in sub-paragraph (c), when the customs authority request them and

(e) Present a rectified declaration and pay the applicable customs duty when it has reason to believe that the certificate of origin on which the declaration is based contains inaccurate information. The importer shall not be penalized if it voluntarily presents a rectified declaration, before the importing Party begins to exercise its powers of verification and control, in accordance with its laws and the provisions of this Chapter.

2. If an importer in its territory does not meet some of the applicable requirements in this Chapter, the customs authority of the importing Party may deny the preferential tariff treatment requested.

Article 4.23. Tariffs Return

When the importer had not applied for the preferential tariff treatment for the goods imported into its territory, it may, not later than one year after the date of importation, request to the customs authority of the importing Party the refund of customs duties paid in excess, provided the application is accompanied by:

(a) Awritten declaration stating that the good qualified as originating;

(b) The certificate of origin, and

(c) Any other documentation in connection with the importation of the good that the customs authority requests.

Article 4.24. Obligations In Connection with Exports

1. Each Party shall provide that:

(a) When an exporter has reason to believe that the certificate of origin contains inaccurate information, it shall communicate in writing to the competent authority for issuing certificates of origin and to the importer about any changes that may affect the accuracy or validity of such certificate, and

(b) Ifan exporter submitted a false certificate of origin or information, and based on these, the goods exported to the territory of another Party qualified as originating goods, the exporter shall be subject to sanctions in its territory for contravening legislation.

2. No Party shall impose penalties on an exporter for providing inaccurate information if it voluntarily notifies this in writing to the competent authority for issuing certificates of origin, before the importing Party begins to exercise its powers of verification and control, in accordance with its laws and the provisions of this Chapter.

Article 4.25. Record Keeping Requirements

1. The competent authority for issuing certificates of origin shall keep a copy of the certificate of origin for a minimum of five years, from the date of issuance. Such file shall include all the records that provided the basis for the issuance of the certificate of origin.

2. An exporter requesting a certificate of origin in accordance with Section 4.17, shall keep, for a minimum of five years from the date of issuance, all records and documents necessary to prove that the goods was originating.

3. An importer requesting preferential tariff treatment fora good, shall keep fora minimum of five years from the date of importation of the goods, the documents in connection with the importation, including the certificate of origin.

4. The records and documents referred to in paragraphs 1 to 3 may be kept in paper or in electronic form, in accordance with the laws of each Party.

Article 4.26. Inquiries and Procedures for the Verification of Origin

1. The competent authority for verification of origin of the importing Party, may request information about the origin of the goods to the competent authority for issuing certificates of origin of the exporting Party.

2. The competent authority for verification of origin of the importing Party, may require that the importer provide information in connection with the import of the good for which preferential tariff treatment was requested.

3. For the purposes of determining whether an imported good qualifies as originating, the competent authority for verification of origin of the importing Party may verify the origin of the goods by the following procedures:

(a) Requests for information or written questionnaires to the exporter or producer of the good in the territory of the other Party, through the competent authority for issuing certificates of origin

(b) Of the Exporting Party, on which the certificates of origin that protect the goods subject to verification must be specifically indicated;

(c) Verification visits to the premises of the exporter or producer of the good in the territory of the other Party, for the purposes of examining the records and documents referred to in Article 4.25 and of inspecting the facilities and production processes, including the materials used in production, or

(d) Any other procedure agreed upon by the Parties.

4. For the purposes of this Article, the competent authority for verification of origin of the importing Party shall inform the importer the beginning of the corresponding verification process.

5. For the purposes of this Article, any written communication submitted by the competent authority for verification of origin of the importing Party to the exporter or producer, through the competent authority for issuing certificates of origin of the exporting Party, shall be made by:

(a) Registered mail or other postal service which provides confirmation of reception of the documents or communications, or

(b) Any other means agreed upon by the Parties.

6. In accordance with paragraph 3, requests for information or written questionnaires must contain: (a) The name, title and address of the competent authority for verification of origin who is requesting the information;

(b) The name and address of the exporter or producer to whom the information and documentation is requested;

(c) The description of the information and documents requested, and (d) The legal basis for the requests for information or written questionnaires.

7. The exporter or producer who receives a questionnaire or request for information in accordance with paragraph 3 (a), shall duly complete and return the questionnaire or respond to the request for information within 30 days from the date of reception. During that period, the exporter or producer may request an extension in writing to the competent authority for verification of origin of the importing Party, which shall not exceed 30 days.

8. The competent authority for verification of origin of the importing Party may request, through the competent authority for issuing certificates of origin of the exporting Party, additional information to the exporter or producer, even if it had received the questionnaire or the information requested, referred to in paragraph 3 (a). In this case, the exporter or producer has a period of 30 days to respond to this request, reckoned from the day following the date of notification to the exporter or producer.

9. If the exporter or producer fails to properly complete a questionnaire, to return it, or to provide the requested information within the time limits set in paragraphs 7 and 8, the importing Party may deny preferential tariff treatment to the goods subject to verification by sending the exporter or producer, the importer and the competent authority for issuing certificates of origin of the exporting Party, a determination of origin in which the facts and the legal grounds for the decision are included.

10. Prior to conducting a verification visit and in accordance with the provisions of paragraph 3 (b), the competent authority for verification of origin of the importing Party shall provide written notice of its intention to conduct the visit of verification in accordance with paragraph 5. The competent authority for the verification of origin of the importing Party shall require, in order to conduct the verification visit, the written consent of the exporter or producer to be visited.

11. In accordance with the provisions of paragraph 3 (b), the notice of intent of performing the visit for the verification of origin referred to on paragraph 10, shall contain:

(a) The name, title and address of the competent authority for verification of origin of the importing Party issuing the notification;

(b) The name of the exporter or producer to be visited; (c) Date and place of the proposed verification visit;

(d) The purpose and scope of the proposed verification visit, including specific reference to the certificates of origin subject to verification;

(e) The names and titles of the officials performing the verification visit, and (f) The legal grounds for the verification visit.

  • 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