In order to achieve the objectives set forth in Article 19.1, the Parties shall encourage and facilitate, as appropriate, the following trade and economic cooperation activities:
(a) the organization of dialogues, conferences, seminars and training programs related to the matters contained in this Agreement;
(b) facilitating the exchange of experts, information, documentation and experiences within the scope of this Agreement;
(c) the promotion of economic and trade cooperation in regional and multilateral fora, and
(d) the exchange of technical assistance.
Article 19.5. Intellectual Property
1. In addition to the provisions of Article 19.3, the Parties establish close cooperation aimed, inter alia, at:
(a) strengthen and promote the transfer of technology, production and commercialization of innovative products through actions aimed at increasing mutual understanding of each Party's intellectual property systems and the regulatory processes related to such systems;
(b) consult on the development of each Party's intellectual property systems and their implications for trade between them;
(c) serve as a medium for consultations on issues, positions and agendas of the meetings of the World Intellectual Property Organization and the Council for TRIPS Agreement, among others, including regional programs concerning intellectual property, innovation and development, and
(d) coordinate technical cooperation programs in these areas.
2. Each Party shall ensure in its legal system adequate and effective means to protect geographical indications with respect to any product, in a manner consistent with the TRIPS Agreement.
3. Each Party shall provide the means for any person, including natural persons, juridical persons or other interested parties, to apply for protection of geographical indications. Each Party shall accept applications without requiring the intervention of the other Party on behalf of such persons.
4. When a geographical indication protected under this Agreement is homonymous with the geographical name of a geographical area outside the territory of the Parties, each Party may permit the use of that term to describe and present wines, spirits or aromatized drinks of the geographical area to which it refers, provided that it has been traditionally and consistently used, that its use for this purpose is regulated by the country of origin and that the homonymous indication in question is not misleadingly presented to consumers as originating in the Party concerned.
5. Chile recognizes and protects Cachaça as a geographical indication from Brazil, in accordance with the TRIPS Agreement. Brazil recognizes and protects Pisco as a geographical indication originating in Chile, in accordance with the TRIPS Agreement. This is without prejudice to the recognition that Brazil may grant, in addition to Chile, exclusively to Peru with respect to "Pisco".
6. The preceding paragraph is without prejudice to the publicity measures adopted by the Parties in accordance with their domestic legislation.
7. Each Party may recognize to the other Party geographical indications other than the foregoing, through the Administrative Commission, in accordance with its respective domestic legislation and its international obligations.
Article 19.6. Agricultural Biotechnology
In addition to the provisions of Article 19.3, the Parties agree:
(a) exchange information:
(i) on policies, legislation, guidelines and best practices for agricultural biotechnology products;
(ii) with a view to committing efforts to avoid asynchronous authorizations of genetically modified organisms;
(b) coordinate national positions within the framework of relevant international organizations in the sanitary and phytosanitary field, and
(c) discuss specific biotechnology issues that may have an impact on trade.
Article 19.7. Remedies
The Parties shall provide, subject to availability and within the limits of their own capabilities and means, adequate resources for the fulfillment of the objectives of this Chapter.
Article 19.8. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 20. Transparency
Section A. Transparency
Article 20.1. Definitions
For the purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and factual situations, which are generally within the scope of that administrative ruling or interpretation, and which establishes a standard of conduct, but does not include:
(a) a determination or ruling issued in an administrative proceeding that applies to a particular person, good or service of the other Party in a specific case, or
(b) a resolution that decides with respect to a particular act or practice.
Article 20.2. Publication
1. Each Party shall ensure that its rules, procedures and administrative rulings of general application, which relate to any matter covered by this Agreement, are, to the extent practicable, promptly published or made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent possible, each Party:
(a) publish in advance any measure referred to in paragraph 1 that it intends to adopt, and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on the proposed measures.
3. With respect to a draft regulation of general application of a Party with respect to any matter covered by this Agreement that is likely to affect trade between the Parties, and that is published pursuant to paragraph 2(a), each Party shall, to the extent practicable, endeavor to:
(a) publish the draft regulation on an official website, sufficiently in advance for an interested person to evaluate the draft regulation and to formulate and submit comments, which shall be considered by that Party in accordance with its legal system;
(b) include in the publication under subparagraph (a) an explanation of the purpose of, and the motivation for, the proposed regulation, and
(c) publish any significant modifications made to the draft preference regulation on an official website.
4. Each Party shall, as soon as practicable, publish on an official website or in an official journal, regulations of general application adopted by its government on any matter covered by this Agreement that are published pursuant to paragraph 1.
5. A Party may, in a manner consistent with its legal system, comply with the provisions of this Article relating to a proposed regulation by publishing a policy proposal, discussion paper, summary of the regulation or other document containing sufficient detail to adequately inform interested persons and the other Party.
Article 20.3. Notification and Provision of Information
1. Each Party shall notify the other Party, to the extent possible, of any measure that the Party considers could substantially affect the operation of this Agreement.
2. A Party shall, at the request of the other Party, provide information and reply as soon as possible to its questions concerning any measure, whether or not the other Party has been previously notified of that measure.
3. Any provision of information referred to in this Article shall be made without prejudice to whether or not the measure is compatible with this Agreement.
Article 20.4. Administrative Procedures
In order to administer in a consistent, impartial and reasonable manner all measures referred to in Article 20.2 with respect to persons, goods or services, in particular of the other Party in specific cases, affecting matters covered by this Agreement, each Party shall ensure that:
(a) administrative procedures are in accordance with the legal system of that Party;
(b) whenever possible under its legal system, persons of the other Party who are directly affected by an administrative proceeding are given reasonable notice of the commencement of the proceeding, including a description of its nature, a statement of the legal basis under which the proceeding is initiated, and a general description of all issues in dispute; and
(c) where time, the nature of the administrative proceeding and the public interest permit, persons of the other Party who are directly affected by an administrative proceeding shall be afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action.
Article 20.5. Review and Challenge
1. Each Party, in accordance with its legal system, shall ensure access to judicial or administrative tribunals and procedures for the prompt review and, where warranted, correction of administrative actions relating to matters covered by this Agreement. Such tribunals and judicial or administrative procedures shall be impartial and their members shall have no economic or personal interest in the outcome of the matter.
2. Each Party shall ensure that, before such courts or in such proceedings, the Parties have the right to:
(a) a reasonable opportunity to support or defend their respective positions, and
(b) a decision based on the evidence and submissions or, in cases where required by its domestic law, on the record compiled by the administrative authority.
3. Each Party shall ensure, subject to challenge or further review as provided in its domestic law, that such decision is implemented by, and governs the practice of, the agency or authority with respect to the administrative action that is the subject of such decision.
Section B. Anti-Corruption
Article 20.6. Scope of Application
1. The Parties affirm their determination to eliminate bribery and corruption in international trade and recognize the need to develop integrity within the public and private sectors and that each sector has complementary responsibilities in this regard.
2. The scope of this Section is limited to measures to eliminate bribery and corruption with respect to any matter covered by this Agreement.
Article 20.7. Measures to Combat Bribery and Corruption
1. Each Party shall adopt or maintain such legislative and other measures as may be necessary to effectively combat bribery and corruption and to ensure compliance with the international conventions to which it is a party, specifically the United Nations Convention against Corruption, the Inter-American Convention against Corruption and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
2. The Parties recognize the importance of the criminalization, in their respective legal systems, of the conducts described in the international conventions referred to in paragraph 1. The Parties also recognize that such conducts shall be prosecuted and punished in accordance with the legal system of each Party.
3. In order to prevent corruption and bribery, each Party shall adopt or maintain such measures as may be necessary in accordance with its legal system.
Article 20.8. Cooperation
1. Each Party shall facilitate the exchange of information, through the Contact Points established in Article 20.13, for the purpose of facilitating the investigation and punishment of bribery and corruption, and shall use its best efforts to facilitate and promote international cooperation, in accordance with its legal system.
2. The Parties recognize the importance of international cooperation to prevent and combat bribery and corruption in international trade, including through regional and multilateral initiatives, and shall make their best efforts to work together in this regard, as mutually agreed.
3. The Parties recognize the advantages of sharing their different experiences and best practices in the development, implementation and enforcement of their anti-bribery and corruption laws and policies. The Parties will consider carrying out technical cooperation activities, including training programs, as mutually agreed.
4. The facilitation and promotion of cooperation provided for in this Article shall be without prejudice to the facilitation and promotion of legal cooperation that may take place between the Parties.
Article 20.9. Promoting the Integrity of Public Officials
To combat corruption in matters affecting international trade, each Party shall promote, inter alia, integrity, honesty and accountability among its public officials.
Article 20.10. Participation of the Private Sector and Civil Society
Each Party shall take appropriate measures, within its means and in accordance with the fundamental principles of its legal system, to promote the active participation of individuals and groups outside the public sector, such as businesses, civil society, non-governmental organizations and community-based organizations, in preventing and combating bribery and corruption in matters affecting international trade, and to increase public awareness of the existence, causes and gravity of, and the threat posed by, bribery and corruption.
Article 20.11. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) with respect to any matter arising under this Section.
Section C. General Provisions
Article 20.12. Relationship to other Chapters
In the event of any inconsistency between this Chapter and another chapter of this Agreement, the other chapter shall prevail to the extent of the inconsistency.
Article 20.13. Points of Contact
1. The Parties designate the following Points of Contact to facilitate communications between them on any matter covered by this Chapter:
(a) in the case of Brazil, for Section A, it will be Market Access Division (DACESS) / South American and ALADI Commercial Negotiations Division (DSUL); and for Section B, Combating Transnational Illicit Acts Division (DCIT) / South American and ALADI Commercial Negotiations Division (DSUL), all divisions of the Ministry of Foreign Affairs, and
(b) in the case of Chile, the Directorate of Bilateral Economic Affairs of the Directorate General of International Economic Relations, or its successor.
2. At the request of a Party, the Contact Points of the other Party shall indicate the unit or official responsible for the matter and provide such support as may be required to facilitate communication with the requesting Party.
Chapter 21. ADMINISTRATION OF THE AGREEMENT
Article 21.1. Administrative Commission
1. The Parties hereby establish the Administrative Commission of this Agreement (hereinafter referred to as the "Administrative Commission"), which shall be composed of government officials and shall be chaired alternately by:
(a) in the case of the Federative Republic of Brazil, the Undersecretary for Latin America and the Caribbean of the Ministry of Foreign Affairs or whoever it designates, and
(b) in the case of the Republic of Chile, the Director General of International Economic Relations, or his successor, or his designee;
2. The Administrative Commission shall establish at its first meeting its rules and procedures. All its decisions and recommendations shall be adopted by mutual agreement.
3. The regular meetings of the Administrative Commission shall be held once a year, unless the Parties agree otherwise. Any of the Parties may request that an extraordinary meeting be called.
4. The meetings of the Administrative Committee may be held in person or by any technological means.
5. The Administrative Commission shall hold its first regular meeting within the first year of effectiveness of this Agreement.
Article 2.12. Functions of the Administrative Committee
1. The Administrative Commission shall:
(a) to ensure the correct application of the provisions of this Agreement;
(b) evaluate the results achieved in the implementation of this Agreement;
(c) oversee the work of all committees established under this Agreement, as well as committees and working groups established pursuant to paragraph 2(b), and
(d) to hear any other matter that may affect the operation of this Agreement or that may be entrusted to it by the Parties.
2. The Administrative Commission may:
(a) to make decisions to:
(i) to implement the provisions of this Agreement that require a development contemplated herein, and
(ii) to amend the Code of Conduct for Arbitral Dispute Resolution Procedures and the Rules of Procedure for Arbitral Tribunals in Chapter 22 (Dispute Resolution).
(b) establish such committees and working groups as it deems appropriate within the framework of this Agreement;
(c) request the advice of persons or entities it deems appropriate;
(d) recommend amendments to this Agreement to the Parties, and
(e) adopt other actions, within the scope of its functions, that ensure the achievement of the objectives of this Agreement.
3. Each Party shall implement, in accordance with its legal system, the actions of the Administrative Commission referred to in paragraph 2. Chile shall implement such actions by means of "implementing agreements", in accordance with paragraph 4 of numeral 1 of Article 54 of the Political Constitution of the Republic of Chile.
Article 21.3. Points of Contact
1. The Parties designate the following General Points of Contact to facilitate communications between them on any matter covered by this Agreement:
(a) in the case of Brazil, the South American and ALADI Commercial Negotiations Division (DSUL), Ministry of Foreign Affairs, or its successor, and
(b) in the case of Chile, the Directorate of Bilateral Economic Affairs of the Directorate General of International Economic Relations, or its successor.
2. At the request of a Party, the General Contact Point of the other Party shall indicate the unit or official responsible for the matter and provide such support as may be required to facilitate communication with the requesting Party.
3. Except as otherwise provided in each Chapter, each Party shall notify the other Party in writing of the other points of contact referred to in this Agreement within three (3) months of the date of entry into force of this Agreement.
Annex I. RULES OF PROCEDURE OF ARBITRAL TRIBUNALS
Application
1. These Rules of Procedure of arbitral tribunals (hereinafter referred to as the "Rules") are established pursuant to Article 22.10.
2. Unless otherwise agreed by the Parties, these Rules shall apply to the arbitration proceedings contemplated in this Chapter.
Definitions
3. For purposes of these Rules:
non-business day means all Saturdays, Sundays, holidays or any other day established by a Party as a non-business day and notified as such under Rule 14;
document means any submission or writing, in paper or electronic format, filed or delivered during an arbitration proceeding;
Contact unit means the office that each Party designates in accordance with Rule 62 to provide administrative support to an arbitral tribunal;
Administrative Unit means the designated Unit of the responding party charged with performing the functions referred to in Rule 63;
Party complained against means the party against which a claim is made and requests the establishment of an arbitral tribunal under Article 22.6;
Claimant Party means a Party that makes a claim and files a request for the establishment of an arbitral tribunal under Article 22.6;
representative of a Party means the person appointed by that Party to act on its behalf in the arbitral proceedings;
arbitral tribunal means an arbitral tribunal established in accordance with Article 22.6.
Terms of reference
4. Within fifteen (15) days from the date of delivery of the request for the establishment of the arbitral tribunal, the Parties may agree on terms of reference other than those set forth in Article 22.8, which shall be communicated to the Administrative Unit within that period.
5. The Administrative Unit shall inform the arbitral tribunal and the Parties of the agreed terms of reference within two (2) days from the date of acceptance of the last arbitrator appointed.
Submission and delivery of documents
6. The Parties, through their Contact Units, or the arbitral tribunal, shall deliver any documents to the Administrative Unit, which shall forward them to the arbitral tribunal and to the Contact Units of the Parties.
7. No document shall be deemed to be delivered to the arbitral tribunal or to the Parties unless made in accordance with the foregoing Rule.
8. All documents shall be delivered to the Administrative Unit by any physical or electronic means of transmission that provides a record of the sending or receipt thereof. In the case of delivery of a physical document, an original and copies for each arbitrator and for the other Party shall be submitted to the Administrative Unit. The Administrative Unit shall acknowledge receipt and deliver such document, by the most expeditious means possible, to the arbitral tribunal and to the Contact Unit of the other Party.
9. Minor errors of form contained in any document may only be corrected by the Parties by delivery of a document clearly indicating such errors and the corresponding rectification, within seven (7) days from the date of delivery. Such corrections shall not affect the time limits established in the timetable of the arbitration proceedings referred to in Rule 10.
10. No later than ten (10) days after the date of acceptance of the last arbitrator appointed, the arbitral tribunal, in consultation with the Parties, shall establish a working timetable containing the maximum time limits and dates by which submissions of documents and hearings are to be made. The timetable shall allow sufficient time for the Parties to complete all stages of the proceedings. The arbitral tribunal may modify the timetable after consultation with the Parties and shall notify them, by the most expeditious means possible, of any such modification.
11. For the purposes of drawing up the timetable referred to in Rule 10, the arbitral tribunal shall take into account the following minimum time limits:
(a) two (2) days after the establishment of the work schedule, for the complaining Party to deliver its initial written submission;
(b) twenty-eight (28) days following the date of delivery of the initial pleading for the Party complained against to deliver its response.
12. Any delivery of documents to a Contact Unit under these Rules shall be made during its normal business hours.
13. If the last day for delivery of a document to a Contact Unit or Administrative Unit falls on a non-business day in that Party, or on any other day on which such Units are closed, the document may be delivered on the following business day.
14. Each Party shall provide the Administrative Unit with a list of the non-business days in that Party, as well as the normal business hours of its Contact Units, no later than ten (10) days prior to the date of the meeting.
(10) days after the date of acceptance of the last arbitrator appointed.
Treatment of confidential information
15. When a Party wishes to designate specific information as confidential, it shall enclose such information in double brackets, include a cover page that clearly indicates that the document contains confidential information and identify the corresponding pages with a legend that so indicates.