Pacific Alliance Additional Protocol (2014)
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(g) The development of initiatives in mutually agreed areas.

Article 5.15. Mutual Assistance

1. The customs authorities shall assist each other in their areas of competence, in the manner and under the conditions provided for in this Section, in order to ensure the correct application of customs legislation, particularly for the prevention of, investigation of and combat against operations in breach of that legislation.

2. Where the customs administration of a Party has reasonable suspicions of an operation in breach of customs legislation related to any regime or customs destination in its territory, it may request the customs administration of other Party to provide information on that operation. In addition, it may require that the requested Party adopt, within the framework of its legislation and regulations, the necessary measures to ensure special monitoring over:

(a) The determination of the customs duties of goods, and in particular, information on the determination of the customs value;

(b) Means of transport and destination of the transported goods, with indication of references to identify the goods;

(c) The controls performed on goods in transit to the territory of one of the Parties from a third country, or

(d) The operations carried out by importers and/ or exporters.

Article 5.16. Form and Contents of the Requests for Mutual Assistance

1. Requests for mutual assistance provided for in this Section shall be submitted directly to the requested Party by the requesting party in writing or by electronic means, including the necessary documentation. The requested party may request written confirmation of the requests received by electronic means.

2. In urgent cases, requests may also be made verbally, and shall be confirmed in writing within a period not exceeding three working days following the request. Otherwise, the implementation of such requests may be suspended.

3. Requests made pursuant to this Article shall include, at least, the following:

(a) The identification of the requesting party, the name, signature and title of the officer making the request;

(b) The identification of the requested party, the name and title of the officer to whom the request is addressed;

(c) The purpose and reason for the request;

(d) Abrief description of the facts that are the subject to investigation and of the inquiries already carried out, should it be appropriate;

(e) The legal elements and the nature of the customs procedure in question;

(f) The names, addresses, identification document or any other known and relevant information of the persons related to the facts that constitutes the subject matter of the request, and

(g) All the necessary information available to identify the goods, means of transport or the customs declaration in connection with the request.

4. The information referred to in this Section shall be communicated to the officers who were specially appointed for this purpose by each customs administration. To this end, each Party shall provide a list of officers appointed to the customs administrations of the other Parties.

5. The requesting party shall be able to provide the same assistance requested, if it were required.

6. If a request does not meet the requirements of paragraph 3, the requested party may ask for correction or completion. Meanwhile, control or protective measures may be carried out in accordance with the laws and regulations of the Party concerned.

7. Where the requesting party requests assistance which would itself be unable to provide if so required, it shall declare this fact in its request. The requested party will decide how to respond to the request.

Article 5.17. Executions of the Requests

1. The requested party shall respond to the petition of the requesting party within a maximum period of 30 days from the date of reception of the request. In case that the requested party needs a longer term, it shall notify the requesting party informing the time- frame within which it may respond to the request. This period shall not exceed an additional 30 days.

2. When responding to a request, the requested party, within their competence, on its

own account or at the request of other authorities of such Party, shall provide the information in their possession and conduct or make conduct the necessary investigations.

3. At the petition of the requesting Party, the requested Party shall conduct an investigation, in accordance with its laws, in order to obtain information related to a possible operation in breach of customs legislation occurred in the territory of any of the Parties, and shall provide to the requesting party, the results of this investigation and all related information considered relevant.

4. At the petition of the requesting Party, the requested Party may provide information, in accordance with its laws, related to:

(a) The individuals that the requesting party know have committed or are involved in the commission of an offence;

(b) The goods that, with destination to the customs territory of the requesting party, are forwarded in transit or destined to storage for subsequent transit to such territory;

(c) The means of transport allegedly used in the commission of customs violations in the territory of the requesting party;

(d) Activities which are or appear to be operations in breach of customs legislation and which may be of interest to the requesting party;

(e) The goods that are or may be shipped and in respect of which there are reasonable grounds for presuming that they will be intended for use or used in operations in breach of customs legislation;

(f) Whether the goods exported from the territory of the requesting party have been properly imported into the territory of the requested party, specifying, where appropriate, the customs procedure applied to such goods;

(g) Whether the goods imported into the territory of the requesting party, have been properly exported from the territory of the requested Party, specifying, where appropriate, the customs procedure applied to such goods, or

(h) Whether the import, export or transit operations have complied with the prohibitions and restrictions to imports, exports and transit of goods or with their payment of customs duties, taxes and other tariffs.

5. Duly authorized officials of the requesting party may, with the agreement of the required Party and subject to the conditions, legislation and regulations provided by the latter, be present at the offices of the requested Party, with the purpose of obtaining relevant information in the context of an investigation aimed at determining if there has been a violation or potential operation in breach of customs legislation.

Article 5.18. Spontaneous Assistance

For the proper implementation of their respective laws and customs, and to the extent of their possibilities and resources, the Parties shall assist each other, on their own initiative, providing information in accordance with their laws and regulations, related to:

(a) Cases involving damage to the economy, public health, public safety, the environment or other vital interest of one of the Parties;

(b) New means or methods employed in carrying out operations in breach of customs legislation, and

(c) Other cases, in accordance with Article 5.17.4.

Article 5.19. Delivery and Communication

At the petition of the requesting Party, the requested Party shall adopt, in accordance with the applicable provisions of the laws, all necessary measures to deliver any document or communication, or to inform any decision issued by the requesting party, that are within the scope of this Section, to an addressee residing or established in the territory of the requested party.

Article 5.20. Exceptions to the Obligation to Provide Mutual Assistance

1. Mutual assistance under this Section may be denied or subject to the compliance with certain conditions or requirements, in cases where a Party considers that such assistance could:

(a) Be detrimental to the sovereignty of the Party to which it has been requested it;

(b) Be detrimental to public order and national security;

(c) Violate an industrial, commercial or professional secret, duly protected by legislation, or

(d) Be unconstitutional or contrary to its law.

2. The requested Party may postpone the mutual assistance if it considers that it can interfere with an ongoing investigation, a criminal prosecution or an administrative proceeding. In that case, the requested Party shall consult with the requesting party to determine if the mutual assistance may be granted subject to the terms and conditions the requested party is able to grant.

3. In the event of any of the exceptions provided for in this Article, the requested Party shall promptly inform the requesting party of its decision, and the reasons for such decision, within a term not exceeding 15 days following the request.

Article 5.21. Files, Documents and other Materials

1. At the request of the requesting Party, the requested Party may certify or authenticate copies of the requested documents, in case the latter can not provide the originals because its legislation prevents it.

2. The documents provided under this Section shall not require for its probative value certification, authentication, or any additional formality than the one provided by the customs administration, and shall be considered as authentic and valid.

3. Any information provided under this Section may be accompanied by additional information that is relevant for its interpretation or use.

Article 5.22. Experts or Expert Witnesses

1. For matters covered in this Section, each Party in accordance with its laws, may authorize its officials, upon request from other Party, to appear as experts or expert witnesses in legal or administrative proceedings in the territory of another Party, and produce such relevant records, documents and other materials or certified copies thereof, if copies are considered essential for those procedures.

2. The request must indicate the specific matter and judicial or administrative authority before which the official must appear.

Article 5.23. Costs

1. The customs authorities shall not seek reimbursement of costs and/ or expenses incurred in the performance of the requests under this Section, except for those related to experts or expert witnesses, which shall be borne by the requesting party.

2. If it were necessary to incur in costs and/ or expenses of an exceptional nature to execute a request, the customs authorities shall consult to determine the terms and conditions under which the request shall be executed and the manner such costs and/ or expenses are to be covered.

Article 5.24. Lack of Assistance

1. For the purposes of this Section, lack of mutual assistance between customs administrations means the repeated or undue delay in the execution of a request and/ or in the communication of its results.

2. In such case, the requesting party may communicate the fact to the Committee on Rules of Origin and Procedures in Connection with the Origin, Trade Facilitation and Customs Cooperation in order to promote a solution to the lack of mutual assistance.

Chapter 6. SANITARY AND PHYTOSANITARY MEASURES

Article 6.1. Definitions

The definitions in Annex A of the SPM Agreement have been included in this Chapter and shall form part of it, mutatis mutandis.

Article 6.2. Objectives

The objectives of this Chapter are:

(a) To protect human life and health, and animal and plant health in the territories of the Parties;

(b) Facilitate the trade in products and sub-products of animal, plant, marine and aquaculture origin, between the Parties;

(c) Ensure that the sanitary and phytosanitary measures of one Party do not discriminate arbitrarily or unjustifiably between those Parties in which identical or similar conditions are found, nor between its own territory and that of the other Parties. The sanitary and phytosanitary measures shall not be applied in such a way so as to they constitute a disguised restriction on international trade;

(d) Guarantee that the processes for the establishment of sanitary and phytosanitary measures between the Parties shall be transparent, shall be applied without undue delay and in such a way that imported goods are treated less favourably than similar nationally-produced goods; and

(e) Provide the mechanisms and processes for communication and cooperation to quickly and expediently resolve specific commercial issues related to the application of sanitary and phytosanitary measures between the Parties.

Article 6.3. Scope of Application

This Chapter applies to all sanitary and phytosanitary measures undertaken by the Parties, in accordance with the SPM Agreement which may, directly or indirectly, affect the trade in goods between the Parties.

Article 6.4. Rights and Obligations

The Parties include in this Chapter their rights and obligations under the SPM Agreement, mutatis mutandis.

Article 6.5. Harmonisation

1. In addition to the provisions of Article 3 of the SPM Agreement, the Parties shall work jointly to promote between themselves and at an international level advances and negotiations in areas of mutual interest.

2. To that end, the Parties shall develop work plans through the Committee on Sanitary and Phytosanitary Measures established in Article 6.14.

Article 6.6. Equivalence

1. In addition to the provisions of Article 4 of the SPM Agreement and supplementary decisions of the Committee, as well as the international standards, guidelines and recommendations of competent international organisations, each Party undertakes to respond in a timely manner to requests in respect of the equivalency of sanitary and phytosanitary measures submitted by any other party. To this end, the Parties shall agree on an applicable methodology.

2. The Committee on Sanitary and Phytosanitary measures described in this Chapter shall monitor the application of this Article.

Article 6.7. Risk Assessment

1. In addition to the provisions of Article 5 of the SPM Agreement, where it is necessary to carry out a risk assessment for pests and diseases, the Parties shall undertake the assessment expediently according to the standards, guidelines and_ international recommendations of competent international organisations.

2. Where one Party requests that another Party initiate a risk assessment, the importing Party shall inform the exporting Party of the timeframe and steps necessary to carry out the assessment.

3. Once the importing Party has concluded its risk assessment and decided whether trade may begin or resume, the Party shall undertake the necessary regulatory measures to begin or resume trade within a reasonable timeframe.

4. The Parties will offer the opportunity to present commentary on the risk assessments they carry out, in such a way as decided by the importing Party.

5. The Parties undertake to request information strictly necessary for carrying out the risk assessment. 6. An exporting Party may send scientific evidence, including mitigation proposals, to support the importing Party's risk assessment procedure.

7. With due regard to the adoption of emergency measures, no Party shall halt the import of goods from another Party, simply because the importing Party is in the process of carrying out a review of a risk assessment and if it is a case of an existing sanitary and phytosanitary measure, provided that the importing Party has allowed the import of such goods up until the beginning of said review.

Article 6.8. Adaptation to Regional Conditions and Recognition of Zones, Areas or Compartments Free of or with Low Prevalence of Pests or Diseases

1. In addition to the provisions of Article 6 of the SPM Agreement, in order to evaluate a request to recognise zones, areas or compartments free of or with a low prevalence of pests or diseases, the Parties hereby undertake to apply an accelerated process in accordance with the conditions established in the Guidelines for the Practical Application of Article 6 of the SPM Agreement (G/SPS/48).

2. The Parties recognise the self-declarations of zones, areas or compartments free of or with a low prevalence of pests or diseases when they have successfully applied international standards, guidelines or recommendations as a base factor in beginning the application of the acceleration process, in accordance with the conditions established in the Guidelines for the Practical Application of Article 6 of the SPM Agreement (G/SPS/48).

Article 6.9. Transparency and Exchange of Information

1. In addition to the provisions of Article 7 and Annex B of the SPM Agreement, the Parties:

(a) Recognise the exchange of information as a necessary mechanism for strengthening the management of sanitary and phytosanitary matters between them and shall carry out actions which promote this;

(b) Shall take into account the relevant guidelines provided by the WTO's Committee on Sanitary and Phytosanitary Measures;

(c) Reaffirm their commitment to entering and publishing information related to the adoption or modification of sanitary and phytosanitary measures; and

(d) Ratify their commitment to promoting use of the WTO's electronic notification system.

2. As well as the notifications they are obliged to uphold in accordance with the process laid out in Annex B of the SPM Agreement, the Parties shall notify of:

(a) Any changes that occur in the field of animal health and food safety, such as the outbreak of exotic diseases, diseases named on the schedule of the World Organisation for Animal Health (henceforth the "OIE"), and/or health warnings on food products within 24 hours following the detection of the problem;

(b) Any changes that occur in the phytosanitary field, such as the outbreak of quarantine pests or spread of pests under official control within 72 hours following confirmation of the outbreak;

(c) Outbreaks of diseases which have been scientifically confirmed to be caused by the consumption of imported foods;

(d) The causes or reasons for which the exporting Party's good is rejected, within a seven day period; and

(e) Firms authorised to issue certificates and authorisations related to import, export and detail authorised entry points.

3. The importing Party must respond to requests by the exporting Party regarding the requirements and procedures established to allow the access of a specific good or on the status of a procedure related to the access of said good within a reasonable timeframe.

4. The Parties must make public sanitary and phytosanitary regulatory drafts, as well as their own regulations through their respective official journals and/or websites and must circulate them, preferably electronically, to the notification and information services established in accordance with the SMP Agreement. Each Party shall ensure that the sanitary and phytosanitary regulations they intend to adopt are submitted for public consultation for a minimum period of 60 days. In emergency circumstances or where measures proposed to facilitate trade or those whose content in substance is the same as that of an international standard, guideline or recommendation, the Parties may reduce or eliminate the time period for receiving submissions.

5. Insofar as possible and appropriate, the Party must award a period of at least six months between the publication date of the final regulation and that on which it enters into force, except in emergency situations and when the proposed measures facilitate trade or its content is substantially the same as that of an international standard, guideline or recommendation.

6. In terms of what is established by Article 5.8 of the SPM Agreement, when a Party has reasons for believing that a health or phytosanitary method established or maintained by another Party is restricting or may restrict its exports, and the measure is not based on international standards, guidelines or recommendations, it may request an explanation for the reasons for the measure, to which a response must be made in writing, insofar as possible, within a time period of no more than 30 days.

7. If there are yearly or half-yearly work programmes for sanitary and phytosanitary regulations, the Parties shall make their best efforts to promote public awareness of these through print or electronic means.

Article 6.10. Control, Inspection and Approval Procedures

In addition to the provisions of Article 8 of Annex C of the SPM Agreement and related decisions adopted by the WTO Committee for Sanitary and Phytosanitary Measures, as well as international standards, guidelines and recommendations, the Parties must respond to requests for information on established control, inspection and approval processes, insofar as possible, within a time period of no more than 45 days.

Article 6.11. Approvals

1. The importing Party may evaluate the competent authority of the exporting Party and its inspection and control systems. This may include a review of the competent authority's control programmes, covering, where appropriate, inspection, control and audit programmes, as well as visits to establishments.

2. The terms and conditions of such approval visits shall be agreed upon by the Parties before they begin.

3. Once the approval visits are complete, the importing Party must submit to the exporting Party, the results and conclusions of the visit, in a reasonable period of time following the visit being carried out.

4. The Parties shall not interrupt the trade of a previously authorised good during the renewal period of its authorisation exclusively due to a delay on the part of the importing Party in carrying out an approval.

5. The expenses incurred from the approval visits shall be borne by the exporting Party, unless the Parties agree otherwise.

Article 6.12. Cooperation and Technical Assistance

The Parties hereby agree to support cooperation and technical assistance processes for the strengthening of capabilities in sanitary and phytosanitary measures for the following purposes:

(a) Favouring and promoting the application and implementation of this Chapter and the SPM Agreement;

(b) Strengthening their respective authorities responsible for carrying out and applying sanitary and phytosanitary measures;

(c) Helping to carry out activities that facilitate trade;

(d) Cooperating on the development and implementation of international standards, guidelines or recommendations and, where necessary, request support from competent international organisations;

(e) Sharing non-confidential information which served one Party as the basis for a sanitary or phytosanitary measure;

(f) Cooperating, as much as possible, in bringing attention to sanitary and phytosanitary emergencies; and

(g) Carrying out other cooperation and technical assistance activities agreed upon by the Parties.

Article 6.13. Technical Meetings

1. The Parties may hold technical meetings for specific commercial issues related to the application of sanitary and phytosanitary measures, to seek mutually acceptable solutions through the format they agree upon (such as face to face meetings, video conferences or others).

2. The Party(ies) requested to hold technical meetings must set a date to meet with the Party(ies) making the request, within the 15 days following the request being made, and shall make their best efforts to meet, in the agreed manner, within a time period of no more than 30 days.

3. Where the Parties have held their technical meetings in accordance with this Article, without satisfactory results, such meetings shall replace those established in Article 17.5 (Dispute Resolution), if the Parties so agree.

Article 6.14. Committee on Sanitary and Phytosanitary Measures

1. The Parties shall establish a Committee on Sanitary and Phytosanitary Matters (henceforth referred to as the "Committee").

2. The Committee shall be comprised of representatives from each of the Parties, with responsibilities in sanitary, phytosanitary and food safety matters, as established in Article 6.15.

3. The first session of the Committee shall take place no more than 90 days following the entry into force of this Additional Protocol, a meeting in which the Parties shall accredit their representatives.

4. The Committee shall, in its first session, establish its procedural rules.

5. The Committee shall meet at least once per year, except when the Parties agree otherwise, via face to face, teleconference, videoconference or another medium that ensures an appropriate operating level and at an extraordinary level when the Parties deem it necessary.

6. When the meetings held are face to face, they shall take place alternately in the territory of each Party and it shall fall upon the organising Party to organise the meeting.

7. The functions of the Committee shall be as follows:

(a) To serve as a forum to discuss issues related to the development or application of sanitary and phytosanitary measures which affect or may affect trade between the Parties, to reach mutually acceptable resolutions and evaluate the progress in implementing the aforementioned resolutions;

(b) To promote, follow up and administer the application of the provisions of this Chapter; (c) To follow up technical meetings;

(d) To agree upon, taking into consideration the relevant international standards, guidelines or recommendations developed by the WTO's Committee for Sanitary and Phytosanitary Measures and competent international organisations, the procedures and time periods for practical and rapid implementation of:

(i) Recognition of equivalencies;

(ii) Risk assessment procedures;

(iii) Recognition of areas zones, areas or compartments free of or with a low prevalence of pests or diseases;

(iv) Control, inspection and approval processes;

(v) Transparency obligations; and

  • 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