Brazil - Chile FTA (2018)
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(g) If an interest, personal relationship or matter of an arbitrator is incompatible with the subparagraphs (a) to (f), the arbitrator may accept the designation of an arbitral tribunal or may continue to serve in an arbitral tribunal, as appropriate, if the Parties exempt the violation or if, after the arbitrator has taken action to mitigate the violation, the Parties determine that the incompatibility has ceased to exist.

Article 7. Obligations of Former Arbitrators

Former arbitrators will prevent their actions from creating the appearance of having been partial in the performance of their duties or who could have benefited from the decisions of the court arbitral.

Article 8. Confidentiality

(a) The arbitrators and former arbitrators shall not divulge or use at any time non-public information related to a procedure or acquired during the same, except for the purposes of the procedure itself, or disclose or use such information for personal or other benefit, or to affect unfavorably the interests of others.

(b) The arbitrators shall not disclose an award of the arbitral tribunal issued by virtue of this Chapter before the Parties publish the final award. The referees and former referees will not disclose at any time the identity of the arbitrators in the majority or minority in a proceeding under this Chapter.

(c) The arbitrators and former arbitrators shall not disclose at any time the deliberations of an arbitral tribunal or the opinion of an arbitrator, except when required by law.

(d) The arbitrators shall not make public statements about the merits of a pending procedure.

Article 9. Responsibilities of the Assistants, Advisers and Experts

Paragraphs 3, 4, 5 (d), 5 (f), 7 and 8 also apply to assistants, advisers and experts.

Appendix. AFFIDAVIT OF CONFIDENTIALITY AND OF COMPLIANCE OF THE CODE OF CONDUCT

1. I acknowledge receiving a copy of the Code of Conduct for Procedures Arbitration of Dispute Settlement pursuant to Chapter 22 of the Free Trade Agreement between the Republic of Chile and the Federative Republic of Brazil.

2. I acknowledge having read and understood the Code of Conduct.

3. I understand that I have a permanent obligation to disclose interests, personal relationships and matters that may be linked to the integrity or impartiality of the arbitration procedure of dispute resolution. As part of that obligation, I make the following sworn statement:

(a) My economic interest in the procedure or its result is as follows:

(b) My economic interest in any administrative procedure, procedure judicial process and other international dispute settlement procedures related to matters that could be decided in the procedure for the which I am under consideration is the following:

(c) Economic interests that any employer, partner, associate or family member may have in the procedure or its result are the following:

(d) Economic interests that any employer, partner, associate or family member may have in any administrative procedure, judicial procedure internal and other international dispute settlement procedures that involve matters that can be decided in the procedure for which I am under consideration are the following:

(e) My previous or current economic, commercial, professional relationships, family or social issues with any party interested in the proceedings or with their lawyers, are the following:

(f) My previous or current economic, commercial, professional relations, family or social issues with any party interested in the proceedings or with their attorneys, in which any employer, partner, associate or family, are the following:

(g) My public defense or legal or other representation related to any controversial issue in the procedure or involving the same assets or Services is as follows:

(h) My other interests, relationships and issues that may affect the integrity or impartiality of the dispute settlement procedure and that they have not been disclosed in subparagraphs (a) through (g) in this initial statement are the following:

Subscribed on __________ of the month ____________, of the year _____.

By: First name____________________________________________ Firm_____________________________________________

Chapter 23. Exceptions

Article 23.1. General Exceptions

1. For the purposes of Chapter 2 (Trade Facilitation), of Chapter 4 (Sanitary Measures) and Phytosanitary) and Chapter 5 (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative notes are incorporated into this Agreement and are part of it, mutatis mutandis.

2. For the purposes of this Agreement, the Parties understand that the measures referred to in Article XX (b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health and that Article XX (g) of the GATT 1994 it is applied to measures related to the conservation of non-renewable natural resources.

3. For purposes of Chapter 6 (Cross-Border Trade in Services), Chapter 7 (Temporary Entry of Business Persons), Chapter 10 (Electronic Commerce) and the Chapter 11 (Telecommunications), paragraphs (a), (b) and (c) of Article XIV of the GATS are incorporated into this Agreement and are part of it, mutatis mutandis. The Parties understand that the measures to those referred to in Article XIV (b) of the GATS include necessary environmental measures to protect human, animal or plant life or health.

4. Nothing in this Agreement shall be construed as preventing a Party from adopt a measure, including maintaining or increasing a customs tariff, that is authorized by the Dispute Settlement Body of the WTO or that is taken as a result of a decision by a dispute settlement panel under a free trade agreement trade in respect of which the Party adopting the measure and the Party against which the measure are part.

5. Nothing in this Agreement shall be construed as obligating a Party to provide or allow access to information whose disclosure would be contrary to its legal order or could prevent the application of the law, or that would otherwise be contrary to the public interest or that could prejudice the legitimate commercial interests of certain companies, public or private.

6. Subject to the international obligations of each Party, each Party may establish appropriate measures to respect, preserve and promote traditional knowledge and traditional cultural expressions.

Article 23.2. Security Exceptions

1. For the purposes of this Agreement, Articles XXI of the GATT 1994 and XIV bis of the GATS they are incorporated and are part of it, mutatis mutandis.

2. Nothing in this Agreement shall be construed as:

(a) Require a Party to provide or allow access to any information whose disclosure it considers contrary to their essential security interests, or

(b) Prevent a Party from applying measures it deems necessary for the compliance with its obligations with respect to the maintenance or restoration of peace or international security or for the protection of their own essential interests security.

Article 23.3. Temporary Safeguard Measures

1. Nothing in this Agreement shall be construed as preventing a Party from that adopts or maintains measures that restrict payments or transfers for transactions of current account in the case of experiencing serious difficulties in your balance of payments and finances external, or threats to them.

2. Nothing in this Agreement shall be construed as preventing a Party from adopt or maintain measures that restrict payments or transfers related to the movements of capital:

(a) In the case of serious difficulties in its balance of payments and external finances, or threats to them, or

(b) When, in exceptional circumstances, payments or capital transfers cause or threaten to cause serious difficulties for macroeconomic management.

3. Any measure adopted or maintained in accordance with paragraphs 1 or 2 shall:

(a) Be applied in a non-discriminatory manner so that none of the Parties receive less favorable treatment than any other non-Party;

(b) Be compatible with the Agreement Establishing the International Monetary Fund;

(c) Avoid unnecessary harm to the commercial, economic and financial interests of the other party;

(d) Not go beyond what is necessary to overcome the circumstances foreseen in the paragraphs 1 or 2;

(e) Be temporary and be eliminated progressively as soon as the situations specified in paragraphs 1 or 2.

4. With respect to trade in goods, the Parties shall apply the Fifteenth Protocol Additional to ACE No. 35.

5. With respect to trade in services, nothing in this Agreement shall be construed as meaning prevent a Party from adopting restrictive trade measures in order to safeguard your external financial position or the balance of payments. These restrictive measures should be compatible with the GATS.

6. A Party that adopts or maintains measures in accordance with paragraphs 1, 2, 4 or 5 shall:

(a) Promptly notify the other Party of the measures taken, including any modification in them;

(b) Promptly initiate consultations with the other Party to review the measures adopted or maintained by it:

(i) In the case of capital movements, promptly respond to the other Party requesting consultations related to the measures taken by it, provided that such consultations were not taking place outside the framework of this agreement.

(ii) In the case of current account restrictions, if related inquiries with the measures adopted by it are not carried out within the framework of the Agreement on the WTO, the Party, if requested, will promptly initiate consultations with the other party.

Article 23.4. Tax Measures

1. For the purposes of this Article:

Designated authorities means:

(a) In the case of Brazil, the Secretário da Receita Federal do Brasil, and

(b) In the case of Chile, the Undersecretary of Finance;

Tax agreement means an agreement to avoid double taxation or another agreement or international settlement in tax matters; Tax measures include excise taxes, but do not include:

(a) Any tariff or charge of any kind applied to, or in connection with, the import of a merchandise, and any form of surcharge or surcharge applied in relation to such import, or

(b) Any antidumping or countervailing duty.

2. Except as provided in this Article, nothing in this Agreement shall apply to tax measures.

3. Nothing in this Agreement shall be construed to prevent adoption or application of any measure designed to guarantee the imposition or fair collection or effective taxation in accordance with the provisions of the legislation of the Parties. The Parties understand that this paragraph must be interpreted by reference to the footnote of Article XIV (d) of the AGCS as if the Article was not restricted to services or direct taxes.

4. Nothing in this Agreement shall affect the rights and obligations of the Parties that derive from any tax agreement. In case of any incompatibility between the provisions of this Agreement and any tax treaty, the provisions of the referred agreement will be applied to the extent of the incompatibility.

5. In the case of a tax agreement between the Parties, if any difference arises over the existence of any incompatibility between this Agreement and the tax treaty, the difference refer to the authorities designated by the Parties. The designated authorities of the Parties will have six (6) months from the date of submission of the difference to make a determination about the existence and degree of any incompatibility. If those designated authorities agree, the term may be extended up to twelve (12) months from the date of referral of the difference. The determination made by the designated authorities will be binding on the Parties according to this paragraph.

6. Articles 6.3 (National Treatment) and 6.4 (Most-Favored-Nation Treatment) will apply to tax measures to the extent that they are covered by the GATS.

Chapter 24. Final Provisions

Article 24.1. Annexes and Appendices

The annexes and appendices to this Agreement constitute an integral part thereof.

Article 24.2. Entry Into Force and Complaince

1. The entry into force of this Agreement will be subject to compliance with the procedures provided for in the legal system of each Party.

2. This Agreement will enter into force ninety (90) days after the date on which the Secretariat General of LAIA notifies the Parties that they have received the last communication from the Parties informing the fulfillment of the requirements established in their internal legislations.

3. Either Party may denounce this Agreement by notification via diplomatic to the other Party. This Agreement will cease to produce its effects one hundred and eighty (180) days after the date of such notification.

4. The General Secretariat of LAIA will be the depository of this Agreement, from which it will send copies duly authenticated to the Parties.

Article 24.3. Additional Protocol to Ace No. 35

This Agreement will be incorporated into ACE No. 35 through an additional protocol.

Article 24.4. Amendments

1. The Parties may adopt any amendment to this Agreement.

2. Any amendment to this Agreement shall form part of it and shall take effect in accordance with the procedure established in Article 24.2.2, unless the Parties agree otherwise.

Article 24.5. Amendments to the Wto Agreement

In the event that any provision of the WTO Agreement that the Parties have Parties to this Agreement shall be amended, the Parties shall consult with respect to the need to amend this Agreement.

Article 24.6. General Review of the Agreement

The Parties will make a general revision of this Agreement, in order to update and expand its disciplines, the second year following the date of its entry into force.

Conclusion

Signed in Santiago, on November 21, 2018, in Spanish and Portuguese, being both texts equally authentic.

FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE

Roberto Ampuero Espinoza

Minister of Foreign Affairs

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Aloysio Nunes Ferreira

Minister of Foreign Affairs

Marcos Jorge de Lima

Minister of Industry, Foreign Trade and Services

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  • Chapter   1 Initial Provisions and General Definitions 1
  • Article   1.1 Initial Provisions 1
  • Article   1.2 General Definitions 1
  • Chapter   2 TRADE FACILITATION 1
  • Article   2.1 Objectives 1
  • Article   2.2 Procedures Related to Import, Export and Transit 1
  • Article   2.3 Transparency 1
  • Article   2.4 Advance Rulings 1
  • Article   2.5 Appeal or Review Procedures 1
  • Article   2.6 Clearance of Goods 1
  • Article   2.7 Temporary Admission 1
  • Article   2.8 Automation 1
  • Article   2.9 Authorized Economic Operator 1
  • Article   2.10 Use and Exchange of Documents In Electronic Format 1
  • Article   2.11 Acceptance of Copies 1
  • Article   2.12 Foreign Trade Single Window 1
  • Article   2.13 Risk Management 2
  • Article   2.14 Perishable Goods 2
  • Article   2.15 Cooperation 2
  • Article   2.16 Contact Points 2
  • Chapter   3 GOOD REGULATORY PRACTICES 2
  • Article   3.1 Definitions 2
  • Article   3.2 General Objective 2
  • Article   3.3 Scope of Application 2
  • Article   3.4 General Provisions 2
  • Article   3.5 Establishment of Coordination Processes or Mechanisms 2
  • Article   3.6 Implementation of Good Regulatory Practices 2
  • Article   3.7 Cooperation 2
  • Article   3.8 Administration of the Chapter 2
  • Article   3.9 Implementation Reports 2
  • Article   3.10 Relationship with other Chapters 2
  • Article   3.11 Settlement of Disputes 2
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   4.1 Incorporation of the SPS Agreement 2
  • Article   4.2 Objectives 2
  • Article   4.3 Scope of Application 2
  • Article   4.4 Establishment of Import Requirements 2
  • Article   4.5 Risk Analysis 2
  • Article   4.6 Equivalence and Qualification 2
  • Article   4.7 Control, Inspection and Approval Procedures 2
  • Article   4.8 Audit Systems 2
  • Article   4.9 Recognition of Sanitary and Phytosanitary Status 2
  • Article   4.10 Import Control at the Border 3
  • Article   4.11 Exchange of Information 3
  • Article   4.12 Transparency 3
  • Article   4.13 Technical Cooperation 3
  • Article   4.14 Committee on Sanitary and Phytosanitary Measures 3
  • Article   4.15 Consultation Mechanism 3
  • Chapter   5 TECHNICAL BARRIERS TO TRADE 3
  • Article   5.1 Objective 3
  • Article   5.2 Relationship to the WTO TBT Agreement 3
  • Article   5.3 Scope of Application 3
  • Article   5.4 Trade Facilitating Initiatives 3
  • Article   5.5 Technical Regulations 3
  • Article   5.6 Standards 3
  • Article   5.7 Conformity Assessment 3
  • Article   5.8 Transparency 3
  • Article   5.9 Consultations on Specific Commercial Concerns 3
  • Article   5.10 Cooperation 3
  • Article   5.11 Committee on Technical Barriers to Trade 3
  • Chapter   6 Cross-border trade in services 3
  • Article   6.1 Definitions 3
  • Article   6.2 Scope of Application 4
  • Article   6.3 National treatment 4
  • Article   6.4 Most favored nation treatment 4
  • Article   6.5 Market access 4
  • Article   6.6 Local presence 4
  • Article   6.7 Non-conforming measures 4
  • Article   6.8 National regulation 4
  • Article   6.9 Mutual recognition 4
  • Article   6.10 Denial of benefits 4
  • Article   6.11 Transparency 4
  • Article   6.12 Professional services 4
  • Chapter   7 Temporary entry of business people 4
  • Article   7.1 Definitions 4
  • Article   7.2 Scope of application 5
  • Article   7.3 General obligations 5
  • Article   7.4 Temporary entry authorization 5
  • Article   7.5 Delivery of information 5
  • Article   7.6 Consultations 5
  • Article   7.7 Relationship with other chapters 5
  • Article   7.8 Application of regulations 5
  • Article   7.9 Settlement of disputes 5
  • Annex I  Chile 5
  • Annex II  Brazil 5
  • Chapter   8 Cooperation and facilitation of investments 5
  • Section   A Definitions and scope of application 5
  • Article   8.1 Definitions 5
  • Article   8.2 Objective 5
  • Article   8.3 Scope of application 5
  • Section   B Treatment granted to investors and their investments 5
  • Article   8.4 Admission 5
  • Article   8.5 National treatment 5
  • Article   8.6 Most favored nation treatment 5
  • Article   8.7 Expropriation 5
  • Article   8.8 Treatment in the event of a dispute 5
  • Article   8.9 Transparency 5
  • Article   8.10 National regulation 5
  • Article   8.11 Transfers 5
  • Article   8.12 Taxation 6
  • Article   8.13 Prudential measures 6
  • Article   8.14 Security exceptions 6
  • Article   8.15 Social responsibility policies 6
  • Article   8.16 Measures on investment and fight against corruption and illegality 6
  • Article   8.17 Investment and measures on health, environment, labor issues and others regulatory objectives 6
  • Section   C Institutional governance and prevention of differences 6
  • Article   8.18 Joint committee for the administration of the chapter 6
  • Article   8.19 National focal points or ombudsmen 6
  • Article   8.20 Exchange of information between the parties 6
  • Article   8.21 Treatment of protected information 6
  • Article   8.22 Interaction with the private sector 6
  • Article   8.23 Cooperation between organizations in charge of investment promotion 6
  • Article   8.24 Direct consultations and negotiations for the prevention of controversies 6
  • Article   8.25 Arbitration between the parties 6
  • Section   D Agenda for cooperation and facilitation of investments 6
  • Article   8.26 Agenda for cooperation and investment facilitation 6
  • Section   E General provisions 6
  • Article   8.27 General provisions 6
  • Annex I  ARBITRATION BETWEEN THE PARTIES 6
  • Article   1 Scope of application 6
  • Article   2 Establishment of arbitral tribunals 6
  • Article   3 Terms of reference of the arbitral tribunals 7
  • Article   4 Composition of the arbitral tribunals and selection of the arbitrators 7
  • Article   5 Proceedings of the arbitral tribunals 7
  • Article   6 Suspension or termination of the procedure 7
  • Article   7 Award 7
  • Article   8 Clarification and interpretation of the award 7
  • Article   9 Compliance with the award 7
  • Annex II  Chile DL 600 7
  • Annex III  Chile Transfers 7
  • Annex IV  Documentation Filing 7
  • Chapter   9 Investments in financial institutions 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope of application 7
  • Article   9.3 National treatment 7
  • Article   9.4 Most favored nation treatment 8
  • Article   9.5 Treatment of certain information 8
  • Article   9.6 Prudential measures 8
  • Article   9.7 Regulatory harmonization 8
  • Article   9.8 Administration of certain measures, publication, effective regulations and transparent for the financial services sector 8
  • Article   9.9 Information exchange 8
  • Article   9.10 Self-regulated entities 8
  • Article   9.11 Payment and clearing systems 8
  • Article   9.12 Local currency payment system (lcp) 8
  • Article   9.13 Data processing 8
  • Article   9.14 Special formalities and information requirements 8
  • Article   9.15 Joint committee 8
  • Article   9.16 National focal points or ombudsmen 8
  • Article   9.17 Consultations and direct negotiations for the prevention of controversies 8
  • Article   9.18 Arbitration between the parties 8
  • Article   9.19 General provisions 8
  • Annex I   Brazil Financial Regulators 8
  • Annex II  Chile DL 600 8
  • Annex III  Chile Transfers 8
  • Chapter   10 ELECTRONIC COMMERCE 8
  • Article   10.1 Definitions 8
  • Article   10.2 Scope of Application and General Provisions 8
  • Article   10.3 Customs Duties 8
  • Article   10.4 Principle of Non-Discrimination 8
  • Article   10.5 Legal Framework for Electronic Transactions 8
  • Article   10.6 Advanced or Qualified Electronic Signatures 8
  • Article   10.7 Online Consumer Protection 9
  • Article   10.8 Protection of Personal Data 9
  • Article   10.9 Paperless Trade Administration 9
  • Article   10.10 Principles on Access to and Use of the Internet for Electronic Commerce 9
  • Article   10.11 Cooperation on Cybersecurity Issues 9
  • Article   10.12 Cross-Border Transfer of Information by Electronic Means 9
  • Article   10.13 Location of Computer Facilities 9
  • Article   10.14 Unsolicited Electronic Commercial Communications 9
  • Article   10.15 Cooperation 9
  • Article   10.16 Relationship to Other Chapters 9
  • Chapter   11 TELECOMMUNICATIONS 9
  • Article   11.1 Definitions 9
  • Article   11.2 Scope of Application 9
  • Article   11.3 Access to and Use of Telecommunication Networks and Services 9
  • Article   11.4 Use of Telecommunication Networks in Emergency Situations 9
  • Article   11.5 Interconnection between Suppliers 9
  • Article   11.7 Portability 9
  • Article   11.8 Damaged, Stolen or Lost Mobile Terminal Equipment 9
  • Article   11.9 Internet traffic 9
  • Article   11.10 Universal Service 10
  • Article   11.11 Network Neutrality 10
  • Article   11.12 Competitive Safeguards 10
  • Article   11.13 Treatment of Significant Suppliers 10
  • Article   11.14 Resale 10
  • Article   11.15 Disaggregation of Network Elements 10
  • Article   11.16 Supply and Pricing of Leased Circuits 10
  • Article   11.17 Co-location 10
  • Article   11.18 Access to Poles, Ducts, Pipelines and Rights-of-Way 10
  • Article   11.19 Independent Regulatory Bodies 10
  • Article   11.20 Mutual and Technical Cooperation 10
  • Article   11.21 Authorizations or Licenses 10
  • Article   11.22 Allocation, Allocation and Use of Scarce Resources 10
  • Article   11.23 Transparency 10
  • Article   11.24 Quality of Service 10
  • Article   11.25 International Roaming 10
  • Article   11.26 Flexibility in the Choice of Technologies 10
  • Article   11.27 Protection of Users of Telecommunication Services 10
  • Article   11.28 Telecommunication Dispute Resolution 10
  • Article   11.29 Relationship to other Chapters 10
  • Chapter   12 Public procurement 10
  • Article   12.1 Definitions 10
  • Article   12.2 Scope and Coverage 10
  • Article   12.3 General Exceptions 11
  • Article   12.4 General principles 11
  • Article   12.5 Information on the Procurement System 11
  • Article   12.6 Public Procurement Notices 11
  • Article   12.7 Conditions for Participation in the Bidding Process 11
  • Article   12.8 Supplier Qualification 11
  • Article   12.9 Technical Specifications and Documents 11
  • Article   12.10 Procurement Documents 11
  • Article   12.11 Deadlines 11
  • Article   12.12 Contracting Modalities 11
  • Article   12.13 Treatment of Bids and Award of Contracts 12
  • Article   12.14 Transparency of Procurement Information 12
  • Article   12.15 Disclosure of Information 12
  • Article   12.16 Internal Review Procedures 12
  • Article   12.17 Modifications and Rectifications of Coverage 12
  • Article   12.18 Participation of MSMEs 12
  • Article   12.19 Cooperation 12
  • Article   12.20 Joint Committee on Procurement 12
  • Article   12.21 Technical Consultation 12
  • Article   12.22 Future Negotiations 12
  • Chapter   13 Competition policy 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives 12
  • Article   13.3 Competition Law and Authorities and Anticompetitive Business Practices 12
  • Article   13.4 Procedural Fairness in the Application of the Competition Law 12
  • Article   13.5 Cooperation 12
  • Article   13.6 Technical Cooperation 12
  • Article   13.7 Transparency 12
  • Article   13.8 Consulations 12
  • Article   13.9 Non-Application of Dispute Resolution 13
  • Chapter   14 MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES AND ENTREPRENEURS 13
  • Article   14.1 General Principles 13
  • Article   14.2 Exchange of Information 13
  • Article   14.3 MSMEs Committee 13
  • Article   14.4 Consultations 13
  • Article   14.5 Non-Application of Dispute Resolution 13
  • Chapter   15 REGIONAL AND GLOBAL VALUE CHAINS 13
  • Article   15.1 General Provisions 13
  • Article   15.2 International Agreements and Regional Integration Initiatives 13
  • Article   15.3 Cooperative Activities 13
  • Article   15.4 Regional and Global Value Chain Committee 13
  • Article   15.5 Points of Contact 13
  • Article   15.6 Dialogue on Regional and Global Value Chains 13
  • Article   15.7 Non-Application of Dispute Resolution 13
  • Chapter   16 Trade and labour issues 13
  • Article   16.1 Definitions 13
  • Article   16.2 Objectives 13
  • Article   16.3 Shared Commitments 13
  • Article   16.4 Labor Rights 13
  • Article   16.5 Non-derogation 13
  • Article   16.6 Enforcement of labor laws 13
  • Article   16.7 Forced or Compulsory Labor 14
  • Article   16.8 Responsible Business Conduct 14
  • Article   16.9 Cooperation 14
  • Article   16.10 Public Awareness and Procedural Safeguards 14
  • Article   16.11 Public Communications 14
  • Article   16.12 Institutional Provisions 14
  • Article   16.13 Public Participation 14
  • Article   16.14 Dialogue on Trade and Labor Issues 14
  • Article   16.15 Non-Application of Dispute Resolution 14
  • Chapter   17 Trade and Environment 14
  • Article   17.1 Context and Objectives 14
  • Article   17.2 Right to Regulate In Environmental Matters 14
  • Article   17.3 General Commitments 14
  • Article   17.4 Multilateral Environmental Agreements (meas) 14
  • Article   17.5 Access to Justice, Information and Participation In Environmental Matters 14
  • Article   17.6 Responsible Business Conduct 14
  • Article   17.7 Voluntary Sustainability Mechanisms In Their Environmental Dimension 14
  • Article   17.8 Cooperation on Trade and Environment 14
  • Article   17.9 Trade and Biodiversity 14
  • Article   17.10 Invasive Alien Species 14
  • Article   17.11 Marine Capture Fisheries 14
  • Article   17.12 Forestry Matters 15
  • Article   17.13 Sustainable Agriculture 15
  • Article   17.14 Trade and Climate Change 15
  • Article   17.15 Indigenous and Local Communities 15
  • Article   17.16 Trade in Wild Flora and Fauna 15
  • Article   17.17 Institutional Provisions 15
  • Article   17.18 Dialogue on Trade and Environment 15
  • Article   17.19 Non-Application of Dispute Resolution 15
  • Chapter   18 Trade and gender 15
  • Article   18.1 General provisions 15
  • Article   18.2 International agreements 15
  • Article   18.3 Cooperation activities 15
  • Article   18.4 Trade and Gender Committee 15
  • Article   18.5 Points of Contact 15
  • Article   18.6 Trade and Gender Dialogue 15
  • Article   18.7 Non-Application of Dispute Resolution 15
  • Chapter   19 Economic-commercial cooperation 15
  • Article   19.1 Objectives 15
  • Article   19.2 Scope of Application 15
  • Article   19.3 Areas of cooperation 15
  • Article   19.4 Cooperation Activities 16
  • Article   19.5 Intellectual Property 16
  • Article   19.6 Agricultural Biotechnology 16
  • Article   19.7 Remedies 16
  • Article   19.8 Non-Application of Dispute Resolution 16
  • Chapter   20 Transparency 16
  • Section   A Transparency 16
  • Article   20.1 Definitions 16
  • Article   20.2 Publication 16
  • Article   20.3 Notification and Provision of Information 16
  • Article   20.4 Administrative Procedures 16
  • Article   20.5 Review and challenge 16
  • Section   B Anti-Corruption 16
  • Article   20.6 Scope of Application 16
  • Article   20.7 Measures to Combat Bribery and Corruption 16
  • Article   20.8 Cooperation 16
  • Article   20.9 Promoting the Integrity of Public Officials 16
  • Article   20.10 Participation of the Private Sector and Civil Society 16
  • Article   20.11 Non-Application of Dispute Resolution 16
  • Section   C General Provisions 16
  • Article   20.12 Relationship to Other Chapters 16
  • Article   20.13 Points of Contact 16
  • Chapter   21 ADMINISTRATION OF THE AGREEMENT 16
  • Article   21.1 Administrative Commission 16
  • Article   2.12 Functions of the Administrative Committee 16
  • Article   21.3 Points of Contact 16
  • Annex I  RULES OF PROCEDURE OF ARBITRAL TRIBUNALS 16
  • Chapter   22 Dispute resolution 17
  • Article   22.1 Objectives 17
  • Article   22.2 Scope of application 17
  • Article   22.3 Choice of forum 17
  • Article   22.4 Consultations 17
  • Article   22.5 Good offices, conciliation and mediation 17
  • Article   22.6 Establishment of an arbitral tribunal 17
  • Article   22.7 Composition of the arbitral tribunal 17
  • Article   22.8 Terms of reference of the arbitral tribunal 18
  • Article   22.9 Role of the arbitral tribunal 18
  • Article   22.10 Rules of procedure 18
  • Article   22.11 Award project of the arbitral tribunal 18
  • Article   22.12 Award of the arbitral tribunal 18
  • Article   22.13 Suspension and termination of the procedure 18
  • Article   22.14 Implementation of the award 18
  • Article   22.15 Non-implementation - compensation or suspension of benefits 18
  • Article   22.16 Examination of compliance and suspension of benefits 18
  • Article   22.17 Emergency cases 18
  • Annex II  CODE OF CONDUCT FOR ARBITRATION DISPUTE RESOLUTION PROCEEDINGS 18
  • Article   1 Definitions 18
  • Article   2 Current principles 18
  • Article   3 Responsibilities towards the procedure 18
  • Article   4 Disclosure obligations 18
  • Article   5 Performance of the functions by the arbitrators 18
  • Article   6 Independence and impartiality of the arbitrators 18
  • Article   7 Obligations of former arbitrators 19
  • Article   8 Confidentiality 19
  • Article   9 Responsibilities of the assistants, advisers and experts 19
  • Appendix  AFFIDAVIT OF CONFIDENTIALITY AND OF COMPLIANCE OF THE CODE OF CONDUCT 19
  • Chapter   23 Exceptions 19
  • Article   23.1 General exceptions 19
  • Article   23.2 Security exceptions 19
  • Article   23.3 Temporary safeguard measures 19
  • Article   23.4 Tax measures 19
  • Chapter   24 Final provisions 19
  • Article   24.1 Annexes and appendices 19
  • Article   24.2 Entry into force and complaince 19
  • Article   24.3 Additional protocol to ace no. 35 19
  • Article   24.4 Amendments 19
  • Article   24.5 Amendments to the wto agreement 19
  • Article   24.6 General review of the agreement 19