(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