Chile - EC Association Agreement (2002)
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2. In applying the principles of paragraph 1, the Parties shall:

(a) not introduce cargo-sharing clauses in future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from the Party concerned would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;

(b) prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;

(c) abolish, upon the entry into force of this Agreement, all unilateral measures and administrative, technical and other barriers which could have restrictive or discriminatory effects on the free supply of services in international maritime transport.

3. Each Party shall permit international maritime service suppliers of the other Party to have a commercial presence in its territory under conditions of establishment and operation no less favourable than those accorded to its own service suppliers or those of any third country, whichever are the better, in accordance with the conditions inscribed in its Schedule.

Section 3. Telecommunications Services

Article 109. Definitions

For the purposes of this section:

(a) "telecommunications services" means the transport of electro-magnetic signals - sound, data image and any combinations thereof, excluding broadcasting. (8) Therefore, commitments in this sector do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, transported via a telecommunications service, is subject to the specific commitments undertaken by the Parties in other relevant sectors.

(b) a "regulatory authority" means the body or bodies with any of the regulatory tasks assigned in relation to the issues mentioned in this section.

(c) "essential telecommunications facilities" mean facilities of a public telecommunications transport network and service that:

(i) are exclusively or predominantly provided by a single supplier or a limited number of suppliers; and

(ii) cannot feasibly be economically or technically substituted in order to provide a service.

(8) Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators. 

Article 110. Regulatory Authority

1. Regulatory authorities for telecommunications services shall be separate from, and not accountable to, any supplier of basic telecommunications services.

2. The decisions of and the procedures used by regulatory authorities shall be impartial with respect to all market participants.

3. A supplier affected by the decision of a regulatory authority shall have a right to appeal against that decision.

Article 111. Supply of Services

1. Where a licence is required, the terms and conditions for such a license shall be made publicly available and the period of time normally required to reach a decision concerning an application for a licence shall be made publicly available.

2. Where a licence is required, the reasons for the denial of a licence shall be made known to the applicant upon request.

Article 112. Major Suppliers

1. A major supplier is a supplier which has the ability to materially affect the terms of participation having regard to price and supply in the relevant market for basic telecommunications services as a result of:

(a) control over essential facilities; or

(b) the use of its position in the market.

2. Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.

3. The anti-competitive practices referred to above shall include in particular:

(a) engaging in anti-competitive cross-subsidisation;

(b) using information obtained from competitors with anti-competitive results; and

(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to supply services.

Article 113. Interconnection

1. This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier.

2. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be provided:

(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

4. The procedures applicable for interconnection to a major supplier shall be made publicly available.

5. Major suppliers shall make interconnection agreements available to service suppliers of the Parties to ensure non-discrimination, and/or shall publish reference interconnection offers in advance, unless they are already available to the public.

Article 114. Scarce Resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and nondiscriminatory manner.

Article 115. Universal Service

1. Each Party has the right to define the kind of universal service obligation it wishes to maintain.

2. The provisions governing universal service shall be transparent, objective and nondiscriminatory. They shall also be neutral with respect to competition and be no more burdensome than necessary.

Chapter II. Financial Services

Article 116. Scope

1. This Chapter applies to measures adopted or maintained by the Parties affecting trade in financial services.

2. For the purposes of this Chapter, trade in financial services is defined as the supply of a financial service through the following modes:

(a) from the territory of a Party into the territory of the other Party (mode 1);

(b) in the territory of a Party to the financial service consumer of the other Party (mode 2);

(c) by a financial service supplier of a Party, through commercial presence in the territory of the other Party (mode 3);

(d) by a financial service supplier of a Party, through presence of natural persons in the territory of the other Party (mode 4).

3. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement, which is subject to Title IV of this Part of the Agreement.

4. The provisions of this Chapter shall not apply to subsidies granted by the Parties. The Parties shall review the issue of disciplines on subsidies related to trade in financial services, with a view to incorporating in this Agreement any disciplines agreed under Article XV of GATS.

5. This Chapter does not apply to:

(i) activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies;

(ii) activities forming part of a statutory system of social security or public retirement plans; and

(iii) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government.

6. For the purposes of paragraph 5, if a Party allows any of the activities referred to in paragraph 5(ii) or (iii) to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, this Chapter applies to such activities.

Article 117. Definitions

For the purposes of this Chapter:

1. "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

2. "measures adopted or maintained by a Party" means measures taken by:

(i) central, regional or local governments and authorities; and

(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

3. "financial service supplier" means any natural or legal person that seeks to supply or supplies financial services but the term "financial service supplier" does not include a public entity;

4. "public entity" means:

(i) a government, a central bank or a monetary authority of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(ii) a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions;

5. "commercial presence" means any type of business or professional establishment, including through:

(i) the constitution, acquisition or maintenance of a legal person, or

(ii) the creation or maintenance of a branch or a representative office, within the territory of a Party for the purpose of supplying a financial service;

6. "legal person" means any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

7. "legal person of a Party" means a legal person constituted or otherwise organised under the law of the Community or its Member States or of Chile. Should such a legal person have only its registered office or central administration in the territory of the Community or Chile, it shall not be considered as a Community or a Chilean legal person respectively, unless it is engaged in substantive business operations in the territory of the Community or Chile, respectively.

8. "natural person" means a national of one of the Member States or of Chile according to their respective legislation.

9. "financial service" means any service of a financial nature offered by a financial service supplier of a Party. Financial services comprise the following activities:

Insurance and insurance-related services

(i) direct insurance (including co-insurance):

(A) life

(B) non-life

(ii) reinsurance and retrocession;

(iii) insurance intermediation, such as brokerage and agency;

(iv) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.

Banking and other financial services (excluding insurance)

(v) acceptance of deposits and other repayable funds from the public;

(vi) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;

(vii) financial leasing;

(viii) all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

(ix) guarantees and commitments;

(x) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(A) money market instruments, including cheques, bills, certificates of deposits;

(B) foreign exchange;

(C) derivative products including, but not limited to, futures and options;

(D) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(E) transferable securities;

(F) other negotiable instruments and financial assets, including bullion.

(xi) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(xii) money broking;

(xiii) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(xiv) settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

(xv) provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;

(xvi) advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

10. "new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party.

Article 118. Market Access

1. With respect to market access through the modes of supply identified in Article 116, each Party shall accord financial services and financial service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule referred to in Article 120.

2. In sectors where market-access commitments are undertaken, the measures which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule, are defined as:

(a) limitations on the number of financial services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

(b) limitations on the total value of financial service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of financial service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (9)

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

(e) measures which restrict or require specific types of legal entities or joint ventures through which a financial service supplier of the other Party may supply a financial service; and

(f) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

(9) Paragraph 2(c) does not cover measures of a Party which limit inputs for the supply of financial services.

Article 119. National Treatment

1. In the sectors inscribed in its Schedule, and subject to the conditions and qualifications set out therein, each Party shall accord to financial services and financial service suppliers of the other Party, in respect of all measures affecting the supply of financial services, treatment no less favourable than that it accords to its own like financial services and financial service suppliers. (10)

2. A Party may meet the requirement of paragraph 1 by according to financial services and financial service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like financial services and financial service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of financial services or financial service suppliers of a Party compared to like financial services or financial service suppliers of the other Party.

(10) Specific commitments assumed under this Article shall not be construed to require the Parties to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant financial services or financial service suppliers.

Article 120. Schedule of Specific Commitments

1. The specific commitment undertaken by each Party under Articles 118 and 119 are set out in the Schedule included in Annex VIII. With respect to sectors where such commitments are undertaken, each Schedule specifies:

(a) terms, limitations and conditions on market access;

(b) conditions and qualifications on national treatment;

(c) undertakings relating to additional commitments referred to in paragraph 3;

(d) where appropriate the time-frame for implementation of such commitments and the date of entry into force of such commitments.

2. Measures inconsistent with both Articles 118 and 119 are inscribed in the column relating to Article 118. In this case, the inscription is considered to provide a condition or qualification to Article 119 as well.

3. Where a Party undertakes specific commitments on measures affecting trade in financial services not subject to scheduling under Articles 118 and 119, such commitments are inscribed in its Schedule as additional commitments.

Article 121. New Financial Services

1. A Party shall permit financial service suppliers of the other Party established in its territory to offer in its territory any new financial service within the scope of the subsectors and financial services committed in its Schedule and subject to the terms, limitations, conditions and qualifications established in that Schedule and provided that the introduction of this new financial service does not require a new law or the modification of an existing law.

2. A Party may determine the legal form through which the service may be provided and may require authorisation for the provision of the financial service. Where such authorisation is required, a decision shall be taken within a reasonable period of time and the authorisation may only be refused for prudential reasons.

Article 122. Data Processing In the Financial Services Sector

1. Each Party shall permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the ordinary course of business of such financial service supplier.

2. Where the information referred to in paragraph 1 consists of or contains personal data, the transfer of such information from the territory of one Party to the territory of the other Party shall take place in accordance with the domestic law regulating the protection of individuals with respect to the transferring and processing of personal data of the Party out of whose territory the information is transferred.

Article 123. Effective and Transparent Regulation In the Financial Services Sector

1. Each Party shall, to the extent practicable, provide in advance to all interested persons any measure of general application that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such measure shall be provided:

(a) by means of an official publication; or

(b) in other written or electronic form.

2. Each Party's appropriate financial authority shall make available to interested persons its requirements for completing applications relating to the supply of financial services.

3. On the request of an applicant, the appropriate financial authority shall inform the applicant of the status of its application. If such authority requires additional information from the applicant, it shall notify the applicant without undue delay.

4. Each Party shall make its best endeavours to implement and apply in its territory internationally agreed standards for regulation and supervision in the financial services sector and for the fight against money laundering. For this purpose, the Parties shall cooperate and exchange information and experience within the Special Committee on Financial Services referred to in Article 127.

Article 124. Confidential Information

Nothing in this Chapter:

(a) shall require any of the Parties to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

(b) shall be construed to require a Party to disclose information relating to the financial affairs and accounts of individual customers of financial service suppliers, or any confidential or proprietary information in the possession of public entities.

Article 125. Prudential Carve Out

1. Nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining reasonable measures for prudential reasons, such as:

(a) the protection of investors, depositors, financial market participants, policy-holders, or persons to whom a fiduciary duty is owed by a financial services supplier;

(b) the maintenance of the safety, soundness, integrity or financial responsibility of financial services suppliers; and (c) ensuring the integrity and stability of a Party's financial system.

2. Where such measures do not conform with the provisions of this Chapter, they shall not be used as a means of avoiding the Party's commitments or obligations under the Chapter.

Article 126. Recognition

1. A Party may recognise prudential measures of the other Party in determining how the Party's measures relating to financial services shall be applied. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement or may be accorded autonomously.

2. A Party that is a party to an agreement or arrangement with a third party such as those referred to in paragraph 1, whether future or existing, shall afford adequate opportunity for the other Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with it, under circumstances in which there would be equivalent regulation, oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the Parties to the agreement or arrangement. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that such circumstances exist.

  • Part   I GENERAL AND INSTITUTIONAL PROVISIONS 1
  • Title   I Nature and Scope of the Agreement 1
  • Article   1 Principles 1
  • Article   2 Objective and Scope 1
  • Title   II Institutional Framework 1
  • Article   3 Association Council 1
  • Article   4 Composition and Rules of Procedures 1
  • Article   5 Decision-making Powers 1
  • Article   6 Association Committee 1
  • Article   7 Special Committees 1
  • Article   8 Political Dialogue 1
  • Article   9 Association Parliamentary Committee 1
  • Article   10 Joint Consultative Committee 1
  • Article   11 Civil Society 1
  • Part   II POLITICAL DIALOGUE 1
  • Article   12 Objectives 1
  • Article   13 Mechanisms 1
  • Article   14 Cooperation In the Field of Foreign and Security Policy 1
  • Article   15 Cooperation Against Terrorism 1
  • Part   III COOPERATION 1
  • Article   16 General Objectives 1
  • Title   I Economic Cooperation 1
  • Article   17 Industrial Cooperation 1
  • Article   18 Cooperation on Standards, Technical Regulations and Conformity Assessment Procedures 1
  • Article   19 Cooperation on Small and Medium-sized Enterprises 1
  • Article   20 Cooperation on Services 1
  • Article   21 Promoting Investment 2
  • Article   22 Cooperation on Energy 2
  • Article   23 Transport 2
  • Article   24 Cooperation on Agriculture and Rural Sectors and Sanitary and Phytosanitary Measures 2
  • Article   25 Fisheries 2
  • Article   26 Customs Cooperation 2
  • Article   27 Cooperation on Statistics 2
  • Article   28 Cooperation on the Environment 2
  • Article   29 Consumer Protection 2
  • Article   30 Data Protection 2
  • Article   31 Macroeconomic Dialogue 2
  • Article   32 Intellectual Property Rights 2
  • Article   33 Public Procurement 2
  • Article   34 Cooperation on Tourism 2
  • Article   35 Cooperation on Mining 2
  • Title   II Science, Technology and Information Society 2
  • Article   36 Cooperation on Science and Technology 2
  • Article   37 Information Society, Information Technology and Telecommunications 2
  • Title   III Culture, Education and Audio-visual 2
  • Article   38 Education and Training 2
  • Article   39 Cooperation In the Audio-visual Field 2
  • Article   40 Exchange of Information and Cultural Cooperation 2
  • Title   IV State Reform and Public Administration 3
  • Article   41 Public Administration 3
  • Article   42 Inter-institutional Cooperation 3
  • Title   V Social Cooperation 3
  • Article   43 Social Dialogue 3
  • Article   44 Social Cooperation 3
  • Article   45 Cooperation Related to Gender 3
  • Title   VI Other Cooperation Areas 3
  • Article   46 Cooperation on Illegal Immigration 3
  • Article   47 Cooperation on Drugs and Combating Organised Crime 3
  • Title   VII General Provisions 3
  • Article   48 Participation of Civil Society In Cooperation 3
  • Article   49 Regional Cooperation and Regional Integration 3
  • Article   50 Triangular and Bi-regional Cooperation 3
  • Article   51 Future Developments Clause 3
  • Article   52 Cooperation Within the Association Relationship 3
  • Article   53 Resources 3
  • Article   54 Specific Tasks of the Association Committee In Cooperation Matters 3
  • Part   IV TRADE AND TRADE-RELATED MATTERS 3
  • Title   I General Provisions 3
  • Article   55 Objectives 3
  • Article   56 Customs Unions and Free Trade Areas 3
  • Title   II FREE MOVEMENT OF GOODS 3
  • Article   57 Objective 3
  • Chapter   I Elimination of Customs Duties 3
  • Section   1 Common Provisions 3
  • Article   58 Scope 3
  • Article   59 Customs Duty 3
  • Article   60 Elimination of Customs Duties 3
  • Article   61 Standstill 3
  • Article   62 Classification of Goods 4
  • Article   63 Fees and other Charges 4
  • Section   2 Elimination of Customs Duties 4
  • Subsection   2.1 Industrial Products 4
  • Article   64 Scope 4
  • Article   65 Customs Duties on Industrial Imports Originating In Chile 4
  • Article   66 Customs Duties on Industrial Imports Originating In Theacommunity 4
  • Subsection   2.2 Fish and Fisheries Products 4
  • Article   67 Scope 4
  • Article   68 Customs Duties on Fish and Fisheries Imports Originating In Chile 4
  • Article   69 Customs Duties on Fish and Fisheries Imports Originating In the Community 4
  • Subsection   2.3 Agricultural and Processed Agricultural Products 4
  • Article   70 Scope 4
  • Article   71 Customs Duties on Agricultural and Processed Agricultural Imports Originating In Chile 4
  • Article   72 Customs Duties on Agricultural and Processed Agricultural Imports Originating In the Community 4
  • Article   73 Emergency Clause for Agricultural and Processed Agricultural Products 4
  • Article   74 Evolution Clause 4
  • Chapter   II Non Tariff Measures 4
  • Section   1 Common Provisions 4
  • Article   75 Scope 4
  • Article   76 Prohibition of Quantitative Restrictions 4
  • Article   77 National Treatment on Internal Taxation and Regulation  (2) 4
  • Section   2 Antidumping and Countervailing Measures 4
  • Article   78 Antidumping and Countervailing Measures 4
  • Section   3 Customs and Related Matters 4
  • Article   79 Customs and Related Trade Matters 4
  • Article   80 Customs Valuation 4
  • Article   81 Special Committee on Customs Cooperation and Rules of Origin 4
  • Article   82 Enforcement of Preferential Treatment 4
  • Article   83 Objective 4
  • Article   84 Scope and Coverage 4
  • Article   85 Definitions 4
  • Article   86 Basic Rights and Obligations 4
  • Article   87 Specific Actions to Be Pursued Under this Agreement 4
  • Article   88 Committee on Standards, Technical Regulations and Conformity Assessment 5
  • Article   89 Sanitary and Phytosanitary Measures 5
  • Article   90 Wines and Spirits 5
  • Chapter   III Exceptions 5
  • Article   91 General Exception Clause 5
  • Article   92 Safeguard Clause 5
  • Article   93 Shortage Clause 5
  • Title   III TRADE IN SERVICES AND ESTABLISHMENT 5
  • Article   94 Objectives 5
  • Chapter   I Services 5
  • Section   1 Common Provisions 5
  • Article   95 Scope 5
  • Article   96 Definitions 5
  • Article   97 Market Access 5
  • Article   98 National Treatment 5
  • Article   99 Schedule of Specific Commitments 5
  • Article   100 Review 5
  • Article   101 Movement of Natural Persons 5
  • Article   102 Domestic Regulation 5
  • Article   103 Mutual Recognition 5
  • Article   104 Electronic Commerce  (7) 5
  • Article   105 Transparency 5
  • Section   2 International Maritime Transport 5
  • Article   106 Scope 5
  • Article   107 Definitions 5
  • Article   108 Market Access and National Treatment 5
  • Section   3 Telecommunications Services 6
  • Article   109 Definitions 6
  • Article   110 Regulatory Authority 6
  • Article   111 Supply of Services 6
  • Article   112 Major Suppliers 6
  • Article   113 Interconnection 6
  • Article   114 Scarce Resources 6
  • Article   115 Universal Service 6
  • Chapter   II Financial Services 6
  • Article   116 Scope 6
  • Article   117 Definitions 6
  • Article   118 Market Access 6
  • Article   119 National Treatment 6
  • Article   120 Schedule of Specific Commitments 6
  • Article   121 New Financial Services 6
  • Article   122 Data Processing In the Financial Services Sector 6
  • Article   123 Effective and Transparent Regulation In the Financial Services Sector 6
  • Article   124 Confidential Information 6
  • Article   125 Prudential Carve Out 6
  • Article   126 Recognition 6
  • Article   127 Special Committee on Financial Services 7
  • Article   128 Consultations 7
  • Article   129 Specific Provisions on Dispute Settlement 7
  • Chapter   III Establishment 7
  • Article   130 Scope 7
  • Article   131 Definitions 7
  • Article   132 National Treatment 7
  • Article   133 Right to Regulate 7
  • Article   134 Final Provisions 7
  • Chapter   IV Exceptions 7
  • Article   135 Exceptions 7
  • Title   IV Government Procurement 7
  • Article   136 Objective 7
  • Article   137 Scope and Coverage 7
  • Article   138 Definitions 7
  • Article   139 National Treatment and Non-discrimination 7
  • Article   140 Prohibition of Offsets and National Preferences 7
  • Article   141 Valuation Rules 7
  • Article   142 Transparency 7
  • Article   143 Tendering Procedures 7
  • Article   144 Selective Tendering 7
  • Article   145 Other Procedures 7
  • Article   146 Qualification of Suppliers 7
  • Article   147 Publication of Notices 7
  • Article   148 Tender Documentation 8
  • Article   149 Technical Specifications 8
  • Article   150 Time-limits 8
  • Article   151 Negotiations 8
  • Article   152 Submission, Receipt and Opening of Tenders 8
  • Article   153 Awarding of Contracts 8
  • Article   154 Information on Contract Award 8
  • Article   155 Bid Challenges 8
  • Article   156 Information Technology 8
  • Article   157 Cooperation and Assistance 8
  • Article   158 Statistical Reports 8
  • Article   159 Modifications to Coverage 8
  • Article   160 Further Negotiations 8
  • Article   161 Exceptions 8
  • Article   162 Review and Implementation 8
  • Title   V Current Payments and Capital Movements 8
  • Article   163 Objective and Scope 8
  • Article   164 Current Account 8
  • Article   165 Capital Account 8
  • Article   166 Exceptions and Safeguard Measures 8
  • Article   167 Final Provisions 8
  • Title   VI Intellectual Property Rights 8
  • Article   168 Objective 8
  • Article   169 Scope 8
  • Article   170 Protection of Intellectual Property Rights 8
  • Article   171 Review 8
  • Title   VII Competition 8
  • Article   172 Objectives 8
  • Article   173 Definitions 8
  • Article   174 Notifications 9
  • Article   175 Co-ordination of Enforcement Activities 9
  • Article   176 Consultations When the Important Interests of One Party Are Adversely Affected In the Territory of the other Party 9
  • Article   177 Exchange of Information and Confidentiality 9
  • Article   178 Technical Assistance 9
  • Article   179 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights, Including Designated Monopolies 9
  • Article   180 Dispute Settlement 9
  • Title   VIII DISPUTE SETTLEMENT 9
  • Chapter   I Objective and Scope 9
  • Article   181 Objective 9
  • Article   182 Scope 9
  • Chapter   II Dispute Avoidance 9
  • Article   183 Consultations 9
  • Section   CHAPTER III Dispute Settlement Procedure 9
  • Article   184 Initiation of the Procedure 9
  • Article   185 Appointment of Arbitrators 9
  • Article   186 Information and Technical Advice 9
  • Article   187 Arbitration Panel Ruling 9
  • Article   188 Compliance 9
  • Chapter   IV General Provisions 9
  • Article   189 General Provisions 9
  • Title   IX Transparency 9
  • Article   190 Contact Points and Exchange of Information 9
  • Article   191 Cooperation on Increased Transparency 9
  • Article   192 Publication 9
  • Title   X Specific Tasks In Trade Matters of the Bodies Established Under this Agreement 9
  • Article   193 Specific Tasks 9
  • Title   XI Exceptions In the Area of Trade 9
  • Article   194 National Security Clause 9
  • Article   195 Balance of Payments Difficulties 9
  • Article   196 Taxation 9
  • Part   V FINAL PROVISIONS 9
  • Article   197 Definition of the Parties 9
  • Article   198 Entry Into Force 9
  • Article   199 Duration 9
  • Article   200 Fulfilment of the Obligations 9
  • Article   201 Future Developments 10
  • Article   202 Data Protection 10
  • Article   203 National Security Clause 10
  • Article   204 Territorial Application 10
  • Article   205 Authentic Texts 10
  • Article   206 Annexes, Appendices, Protocols and Notes 10
  • Annex X  (Referred to Article 132 of the Association Agreement). SCHEDULES OF SPECIFIC COMMITMENTS ON ESTABLISHMENT 10
  • Part   A COMMUNITY'S SCHEDULE 10
  • Part   B CHILE'S SCHEDULE 10
  • Appendix   PROTOCOL ON FISHING ENTERPRISES 10
  • Annex XIV  (Regarding Articles 164 and 165 of the Association Agreement) REGARDING CURRENT PAYMENTS AND CAPITAL MOVEMENTS 10
  • Annex XV  ( Referred to in Article 189 (2) of the Association Agreement) MODEL RULES OF PROCEDURE FOR THE CONDUCT OF ARBITRATION PANELS 11
  • Annex XVI  Referred to in Article s 185 and 189 of the Association Agreement) CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS 11