Pacific Alliance Additional Protocol (2014)
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(a) Necessary to protect public morale, order or safety;

(b) Necessary to protect human, animal or plant health or life, including environmental measures;

(c) Necessary to protect intellectual property; or

(d) Relating to goods or services provided by disabled persons, philanthropic institutions or prison labour.

Article 8.21. Facilitating the Participation of Micro, Small and Medium Enterprises

1. The Parties recognise the important contribution that micro, small and medium enterprises (hereinafter "MSMEs") can make to economic growth and employment, and the importance of facilitating their participation in government procurement.

2. The Parties also recognise the importance of business alliances between the Parties' suppliers and in particular MSMEs, including joint participation in procurement procedures.

3. Where a Party maintains measures that give preferential treatment to its MSMEs as opposed to those of other Parties, that Party shall endeavour to reduce these measures.

4. Where a Party maintains measures providing preferential treatment to its MSMEs, it shall ensure that such measures, including eligibility criteria, be objective and transparent.

5. The Parties may:

(a) Provide information on the measures used to assist, promote, encourage or facilitate participation of MSMEs in government procurement; and

(b) Cooperate in the development of mechanisms to provide information to MSMEs on ways to participate in government procurement covered by this Chapter.

6. To facilitate the participation of MSMEs in government procurement covered [by this Chapter], each Party shall, insofar as practicable:

(a) Provide information related to government procurement, including a definition of MSMEs in an electronic portal;

(b) Ensure that the procurement documents are available free of charge;

(c) Identify MSMEs interested in becoming commercial partners of other companies in the territory of the other Parties;

(d) Develop databases on MSMEs in its territory to be used by entities of the other Parties; and

(e) Perform other activities to facilitate the participation of MSMEs in procurement covered by this Chapter.

Article 8.22. Cooperation

1. The Parties shall use their best efforts to develop cooperative activities to achieve a better understanding of their respective government procurement systems, as well as better access to their respective markets, in areas such as:

(a) Exchanging experiences and information, including regulatory frameworks, best practices and statistics;

(b) Facilitating the participation of the Parties' suppliers in government procurement covered by this Chapter, particularly MSMEs;

(c) Development and use of electronic media in the government procurement systems;

(d) Training and technical assistance for providers on market access in government procurement; and

(e) Institutional strengthening for compliance with this Chapter, including the training of public servants.

2. The Parties shall notify the Committee on Government Procurement established in Article 8.23 of the performance of any cooperative activity.

Article 8.23. Government Procurement Committee

1. The Parties hereby establish a Committee on Government Procurement (hereinafter referred to as the "Committee"), comprising representatives of each Party.

2. The functions of the Committee shall include:

(a) Monitoring and evaluating the implementation and administration of this Chapter, including its use, and recommending relevant activities to the Free Trade Commission;

(b) Reporting to the Free Trade Commission on the implementation and administration of this Chapter, where applicable;

(c) Monitoring cooperation activities;

(d) Considering the pursuit of further negotiations with the aim of expanding the coverage of this Chapter; and

(e) Handling any other matter relating to this Chapter.

3. Unless the Parties agree otherwise, the Committee shall meet at least once a year on the date, at the place and according to the agenda previously agreed by the Parties.

Article 8.24. Future Negotiations

At the request of any Party, the other Parties shall consider holding future negotiations in order to expand the coverage of this Chapter on a reciprocal basis, when any Party grants greater access to its government procurement market to suppliers from a non-Party state than to the other Parties’ suppliers pursuant to this Additional Protocol, by means of an international treaty to enter into force after this Additional Protocol.

Chapter 9. CROSS-BORDER TRADE IN SERVICES

Article 9.1. Definitions

For the purposes of this Chapter:

Computer reservation system (CRS) services means the services provided through computer systems that contain information regarding timetables of air carriers, available seats, prices and pricing rules and booking and ticket-issuing services;

Cross-border trade in services or cross-border supply of services means the supply of a service:

(a) From the territory of one Party into the territory of another Party;

(b) In the territory of one Party by a person of that Party to a person of another Party, or

(c) By a national of a Party in the territory of another Party;

But it does not include the supply of a service in the territory of a Party through covered investment, as defined in Article 10.1 (Definitions);

Professional services means services, the provision of which requires specialised higher education (1) or equivalent training or experience, and for which the right to practise is granted or restricted by a Party, but does not include services provided by tradespersons or vessel and aircraft crew members;

Sale and trading of air transport services means the opportunities the air transport supplier in question has to freely sell and market its air transport services, including all aspects of marketing, for example, market research, advertising and distribution. These activities do not include price-setting for air transport services nor applicable conditions;

Service supplier of a Party means a person of a Party that seeks to supply or who supplies a service;

Specialty air services means any non-transportation air services, such as aerial fire-fighting, spraying, sightseeing, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial, and inspection services.

(1) For greater certainty, "specialised higher education" includes post-secondary education related to a specific area of knowledge.

Article 9.2. Scope of Application

1. This Chapter applies to the measures adopted or maintained by a Party affecting the cross-border trade in services by service suppliers of another Party. Such measures include those that affect:

(a) The production, distribution, marketing, sale and delivery of a service;

(b) The purchase or use of, or payment for, a service;

(c) The access and use of distribution, transport, or telecommunication networks and services in connection with the supply of a service;

(d) The presence in its territory of a service supplier from another Party; and

(e) The provision of a bond or other type of financial security, as a condition for the supply of a service.

2. For the purposes of this Chapter, measures adopted or maintained by a Party means the measures adopted or maintained by:

(a) Central, regional or local governments and authorities, and

(b) Non-governmental bodies in the exercise of powers delegated by central, regional or local governments and authorities.

3. This Chapter does not apply to:

(a) Financial services, as defined in Article 11.1 (Definitions);

(b) Air services, (2) including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:

(i) Aircraft repair and maintenance services while an aircraft is withdrawn from service;

(ii) Specialty air services;

(iii) The sale and marketing of air transport services, and

(iv) Computer reservation system (CRS) services;

(c) Government procurement, as defined in Article 2.1 (General Definitions);

(d) Subsidies or grants provided by a Party or a state-owned enterprise including government-backed loans, guarantees and insurance, and

(e) The services supplied in the exercise of governmental authority in the territory of each of the Parties. A service supplied in the exercise of governmental authority means any service that is supplied neither on a commercial basis, nor in competition with one or more service suppliers.

4. Articles 9.6, 9.8 and 9.9 apply to the measures adopted or maintained by a Party that affect the supply of a service in their territory through a covered investment. (3)

5. This Chapter does not impose any obligation on a Party with respect to a national of another Party seeking access to its labour market or employed on a permanent basis in its territory, and does not confer any right upon that national with respect to that access or employment.

6. For greater certainty, nothing in this Chapter may be construed as imposing any obligation on a Party with respect to its immigration policies.

(2) For greater certainty, the term "air services" includes traffic rights.
(3) For greater certainty, nothing contained in this Chapter, including this paragraph, is subject to Dispute Resolution between one Party and an investor of another Party, pursuant to Section B of Chapter 10 (Investment).

Article 9.3. National Treatment

1. Each Party shall accord to service suppliers of another Party treatment no less favourable than that it accords, under similar circumstances, to its own service suppliers.

2. The treatment to be accorded by a Party under paragraph 1 means, with respect to a regional or state government, treatment no less favourable than the most favourable treatment accorded, under similar circumstances, by that regional or state government to the services and service suppliers of the Party of which it forms an integral part.

Article 9.4. Most-Favoured-Nation Treatment

Each Party shall accord to services and service suppliers of another Party treatment no less favourable than it accords, under similar circumstances, to services and service suppliers of any Party or non-Party state.

Article 9.5. Local Presence

No Party may require a service supplier of another Party to establish or maintain a representative office or any other form of company, or be a resident in the Party's territory as a condition for the cross-border supply of a service.

Article 9.6. Market Access

No Party may adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire territory, measures that:

(a) Impose limitations on:

(i) The number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(ii) The total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii) The total number of service operations or the total quantity of services output, expressed in designated numerical units, in the form of quotas or the requirement of an economic needs test (4), or

(iv) The total number of natural persons that may be employed in a certain service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test, or

(b) Restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.

(4) This subparagraph does not cover the measures of a Party that restrict inputs for the supply of services.

Article 9.7. Non-Conforming Measures

1. Articles 9.3, 9.4, 9.5 and 9.6 do not apply to:

(a) Any existing non-conforming measure that is maintained by:

(i) Central or federal government or authorities of one Party, as set out in its Schedule to Annex I;

(ii) Regional or state government or authorities of one Party, as set out in its Schedule to Annex I;

(iii) A local level government of one Party;

(b) The continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or

(c) The modification of any non-conforming measure referred to in subparagraph (a), provided that said modification does not decrease the conformity of the measure as it existed immediately before the modification, with Articles 9.3, 9.4, 9.5 and 9.6.

2. Articles 9.3, 9.4, 9.5 and 9.6 do not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities, as set out in its Schedule to Annex IL.

Article 9.8. Transparency

1. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from interested persons regarding its regulations relating to the subject matter of this Chapter, pursuant to each Party's laws and regulations concerning transparency. (5)

2. When adopting final regulations relating to the subject matter of this Chapter, each Party shall, to the extent possible, including upon request, address in writing the substantive comments received from interested persons with respect to the proposed regulations.

3. To the extent possible, each Party shall allow a reasonable time between the publication of final regulations and their effective date.

4. In the event that a Party makes any modification to any existing non-conforming measure, as stipulated in its Schedule to Annex | pursuant to Article 9.7.1 (c), the Party shall notify the Parties of said modification as soon as practicable.

5. In the event that after the implementation of this Additional Protocol, a Party adopts any measure with respect to sectors, subsectors or activities as stipulated in its Schedule to Annex Il, the Party shall, to the extent possible, notify the Parties of said measure.

(5) The implementation of the obligation of establishing appropriate mechanisms shall take into account the budgetary and resource limitations of small administrative bodies.

Article 9.9. Domestic Regulation

1. Each Party shall ensure that all measures of general application affecting trade in services be administered in a reasonable, objective and impartial manner.

2. Where a Party requires authorisation for the supply of a service, the Party's competent authorities:

(a) In the event of an incomplete application, shall identify, where feasible and at the request of the applicant, the additional information required to complete the application and the competent authorities shall provide the opportunity to rectify minor errors and omissions within the application.

(b) Shall inform the applicant of the decision concerning the application within a reasonable time after the submission of an application considered complete under its laws and regulations;

(c) Shall establish, where feasible, approximate timeframes for the processing of the application;

(d) Shall provide information concerning the status of the application at the request of the applicant, and without undue delay;

(e) If an application is denied, shall inform the applicant where feasible, of the reasons for the denial, whether directly or at the request of the applicant, and

(f) Shall accept certified true copies in lieu of original documents where feasible and pursuant to their laws.

3. With a view to ensuring that the measures related to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to the trade in services, each Party shall endeavour to ensure that such measures:

(a) Are based on objective and transparent criteria, such as competence and ability to provide the service;

(b) Are not more burdensome than is necessary to ensure the quality of the service, and

(c) In the case of licensing procedures, do not in themselves constitute a restriction on the supply of the service.

4. Each Party shall ensure that whatever fee charged by the competent authority to authorise the supply of a service is reasonable, transparent, and does not in itself restrict the supply of said service.

5. If the licensing requirements or qualifications include an assessment, each Party must ensure that:

(a) The assessment is scheduled in a reasonable timeframe, and

(b) A reasonable timeframe is allowed so that interested persons may submit an application to participate in the assessment.

6. Each Party shall ensure that there are procedures to verify the professional competences of another Party.

7. Each Party, where feasible, shall ensure that the information concerning the requirements and procedures for issuing licences and qualifications includes the following:

(a) Whether it is necessary to renew the licence or the qualifications for the supply of a service;

(b) The contact details of the competent authority;

(c) The requirements, procedures and costs applying to the issuing of licences and qualifications, and

(d) The procedures concerning appeals or reviews of applications, where applicable.

8. The Parties recognise their mutual obligations to domestic regulation under Article VI: 4 of the GATS and reaffirm their commitment to the development of any discipline necessary for compliance with that Article. Insofar as any of the said disciplines may be adopted by the members of the WTO or developed in another multilateral forum in which the Parties are engaged, the Parties shall jointly review them, where appropriate, with a view to determining whether said results should be incorporated into this Additional Protocol.

9. This Article shall not apply to the non-conforming aspects of the measures that may be adopted or maintained by a Party pursuant to Annexes I and II.

Article 9.10. Recognition

1. For the purposes of the fulfilment, in whole or in part, of its standards or criteria for the authorisation or certification or licensing of service suppliers, and subject to paragraph 4, a Party may recognise the education or experience obtained, the requirements met or the licences or certifications granted in a certain country. This recognition may be achieved through harmonisation or otherwise, it may be based upon an agreement or arrangement with the country concerned or it may be accorded autonomously.

2. When a Party recognises, autonomously or by agreement or arrangement, the education or experience obtained, requirements met or licences or certifications granted in the territory of a non-Party state, nothing in Article 9.4 shall be construed as a requirement for the Party to accord such recognition to the education or experience obtained, requirements met or the licences or certification granted in the territory of any other Party.

3. A Party that is party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall provide adequate opportunity for another Party, if that other Party is interested, to negotiate its accession to such an agreement or arrangement, or to negotiate a comparable one with it. When a Party autonomously grants recognition, it shall provide adequate opportunity for another Party to demonstrate that education, experience, licences or certifications obtained or requirements met in that other Party's territory should be recognised.

4. No Party may grant recognition in a manner that would constitute a means of discrimination between countries in the application of its standards or criteria for the authorisation, certification or licensing of service suppliers, or a disguised restriction on trade in services.

5. Annex 9.10 applies to measures adopted or maintained by a Party in relation to the licensing or certification of professional service suppliers, as set out in that Annex.

Article 9.11. Subsidies

Notwithstanding that established in Article 9.2:

(a) The Parties shall periodically exchange information on existing or future subsidies, including grants, tax exemptions or deductions and government-backed loans, guarantees and insurance, related to the trade in services. The first exchange shall take place within no more than two years from the effective date of this Additional Protocol.

(b) The Parties recognise their mutual obligations under Article XV of the GATS and reaffirm their commitment to the exercise of any discipline required for compliance with said article. Insofar as any of the said disciplines are adopted by members of the WTO or exercised in another multilateral forum in which the Parties are engaged, the Parties shall jointly review them, where appropriate, with a view to determining whether said results should be incorporated into this Additional Protocol.

Article 9.12. Complementary Services

The Parties shall make every effort to publish, update and exchange information on their service suppliers that they consider relevant, in particular services provided to companies, with the objective of promoting the development of value chains within the corporate sector.

Article 9.13. Transfers and Payments  (6)

1. Each Party shall permit all transfers and payments for the cross-border supply of services to be made freely and without delay into and out of its territory.

2. Each Party shall permit all transfers and payments for the cross-border supply of services to be made in a freely usable currency at the market exchange rate prevailing on the date of transfer.

3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment, through the equitable, non-discriminatory and good faith application of its laws relating to:

(a) Bankruptcy, insolvency or protection of the rights of creditors;

  • 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