Canada - Chile Modernized FTA (2017)
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Title

FREE TRADE AGREEMENT BETWEEN CANADA AND CHILE

Preamble

The Government of Canada and the Government of the Republic of Chile (Chile), resolved to:

Strengthen the special bonds of friendship and cooperation among their nations;

Contribute to the harmonious development and expansion of world and regional trade and provide a catalyst to broader international cooperation;;

Create an expanded and secure market for the goods and services produced in their territories;

Reduce distortions to trade;

Establish clear and mutually advantageous rules governing their trade;

Ensure a predictable commercial framework for business planning and investment;

Build on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other multilateral and bilateral instruments of cooperation;

Enhance the competitiveness of their firms in global markets;

Create new employment opportunities and improve working conditions and living standards in their respective territories;

Undertake each of the preceding in a manner consistent with environmental protection and conservation;

Preserve their flexibility to safeguard the public welfare;

Promote sustainable development;

Strengthen the development and enforcement of environmental laws and regulations;

Protect, enhance and enforce basic workers' rights;

Facilitate the accession of Chile to the North American Free Trade Agreement; and

Contribute to hemispheric integration;;

Have agreed as follows:

Body

Part One. General Part

Chapter A. Objectives

Article A-01. Establishment of the Free Trade Area

The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade 1994 and Article V of the General Agreement on Trade in Services which are part of the Marrakesh Agreement Establishing the World Trade Organization, hereby establish a free trade area.

Article A-02. Objectives

1. The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national treatment, most-favoured-nation treatment and transparency, are to:

(a) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the Parties;

(b) promote conditions of fair competition in the free trade area;

(c) increase substantially investment opportunities in the territories of the Parties;

(d) create effective procedures for the implementation and application of this Agreement, for its joint administration and for the resolution of disputes; and

(e) establish a framework for further bilateral, regional and multilateral cooperation to expand and enhance the benefits of this Agreement.

2. The Parties shall interpret and apply the provisions of this Agreement in the light of its objectives set out in paragraph 1 and in accordance with applicable rules of international law.

Article A-03. Relation to other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under the Marrakesh Agreement Establishing the World Trade Organization and other agreements to which such Parties are party.

2. In the event of any inconsistency between this Agreement and such other agreements, this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

Article A-04. Relation to Environmental and Conservation Agreements

In the event of any inconsistency between this Agreement and the specific trade obligations set out in:

(a) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington, March 3, 1973, as amended June 22, 1979;

(b) the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal, September 16, 1987, as amended June 29, 1990; or

(c) the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, March 22, 1989,

such obligations shall prevail to the extent of the inconsistency, provided that where a Party has a choice among equally effective and reasonably available means of complying with such obligations, the Party chooses the alternative that is the least inconsistent with the other provisions of this Agreement.

Article A-05. Extent of Obligations

The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement, including their observance, except as otherwise provided in this Agreement, by provincial governments.

Chapter B. General Definitions

Article B-01. Definitions of General Application

1. For purposes of this Agreement, unless otherwise specified:

Canada-United States Free Trade Agreement means the Canada-United States Free Trade Agreement, done on January 2, 1988;

citizen means a citizen as defined in Annex B-01.1 for the Party specified in that Annex;

Commission means the Free Trade Commission established under Article N-01(1) (The Free Trade Commission);

Customs Valuation Code means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, including its interpretative notes, which is part of the WTO Agreement;

days means calendar days, including weekends and holidays;

Dispute Settlement Understanding (DSU) means the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement;

enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture or other association;

enterprise of a Party means an enterprise constituted or organized under the law of a Party;

existing means in effect on the date of entry into force of this Agreement;

GATS means the General Agreement on Trade in Services, which is part of the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;

Generally Accepted Accounting Principles means the recognized consensus or substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, disclosure of information and preparation of financial statements. These standards may be broad guidelines of general application as well as detailed standards, practices and procedures; goods of a Party means domestic products as these are understood in the GATT 1994 or such goods as the Parties may agree, and includes originating goods of that Party (1);

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;

measure includes any law, regulation, procedure, requirement or practice;

measure includes any law, regulation, procedure, requirement or practice;

NAFTA means the North American Free Trade Agreement, done on December 17, 1992;

national means a natural person who is a citizen or permanent resident of a Party and any other natural person referred to in Annex B-01.1;

originating means qualifying under the rules of origin set out in Chapter D (Rules of Origin);

person means a natural person or an enterprise;

person of a Party means a national, or an enterprise of a Party;

province means a province of Canada, and includes the Yukon Territory and the Northwest Territories and their successors;

Secretariat means the Secretariat established under Article N-02(1) (The Secretariat);

state enterprise means an enterprise that is owned, or controlled through ownership interests, by a Party;

territory means for a Party the territory of that Party as set out in Annex B-01.1;

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, which is part of the WTO Agreement; and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994.

2. For purposes of this Agreement, unless otherwise specified, a reference to a province includes local governments of that province.

3. Country-specific definitions of national government are set out in Annex B-01.1.

(1) A good of a Party may include materials of other countries.

Annex B-01. Country-specific definitions

1. For purposes of this Agreement, unless otherwise specified:

citizen means:

(a) with respect to Canada, a natural person who is a citizen of Canada under the Citizenship Act, R.S.C. 1985, c. C-29, as amended from time to time or under any successor legislation; and

(b) with respect to Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile ( "Constitución Política de la República de Chile");

national also includes, with respect to Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile ( "Constitución Política de la República de Chile"); and

national government means:

(a) with respect to Canada, the Government of Canada; and

(b) with respect to Chile, the Government of the Republic of Chile;

territory means:

(a) with respect to Canada, the territory to which its customs laws apply, including any areas beyond the territorial seas of Canada within which, in accordance with international law and its domestic law, Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and

(b) with respect to Chile, the land, maritime, and air space under its sovereignty, and the exclusive economic zone and the continental shelf over which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law.

Part Two. Trade In Goods

Chapter C. National Treatment and Market Access for Goods

Article C-00. Scope and Coverage

This Chapter applies to trade in goods of a Party, including:

(a) goods covered by Annex C-00-A (Trade and Investment in the Automotive Sector); and

(b) goods covered by Annex C-00-B (Textile and Apparel Goods), except as provided in such Annex.

Section I. National Treatment

Article C-01. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes, and to this end Article III of the GATT 1994 and its interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made part of this Agreement.

2. The provisions of paragraph 1 regarding national treatment shall mean, with respect to a province, treatment no less favourable than the most favourable treatment accorded by such province to any like, directly competitive or substitutable goods, as the case may be, of the Party of which it forms a part (1).

3. Paragraphs 1 and 2 do not apply to the measures set out in Annex C-01.3.

(1) "Goods of the Party" includes goods produced in a province of that Party.

Section II. Tariffs

Article C-02. Tariff Elimination (2)

1. Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any customs duty, on a good. (3)

2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on goods in accordance with its Schedule to Annex C-02.2 (4).

3. On the request of a Party, the Parties shall consult to consider accelerating the elimination of customs duties set out in their Schedules. An agreement between the Parties to accelerate the elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to their Schedules for such good when approved by each such Party in accordance with its applicable legal procedures.

4. Except as otherwise provided in this Agreement, either Party may adopt or maintain import measures to allocate in-quota imports made pursuant to a tariff rate quota set out in Annex C-02.2, provided that such measures do not have trade restrictive effects on imports additional to those caused by the imposition of the tariff rate quota.

5. On written request of either Party, a Party applying or intending to apply measures pursuant to paragraph 4 shall consult to review the administration of those measures.

(2) For the purpose of Article C-02, a good may refer to an originating good or a good which benefits from tariff elimination under a TPL.
(3) This paragraph is not intended to prevent either Party from modifying its tariffs outside this Agreement on goods for which no tariff preference is claimed under this Agreement. This paragraph does not prevent either Party from raising a tariff back to an agreed level in accordance with the phase-out schedule in this Agreement following a unilateral reduction.
(4) Paragraphs 1 and 2 of this Article are not intended to prevent either Party from maintaining or increasing a customs duty as may be authorized by any dispute settlement provision of the WTO Agreement or any agreement under the WTO Agreement.

Article C-03. Waiver of Customs Duties

1. Neither Party may adopt any new waiver of customs duties, or expand with respect to existing recipients or extend to any new recipient the application of an existing waiver of customs duties, where the waiver is conditioned, explicitly or implicitly, on the fulfilment of a performance requirement.

2. Except as set out in Annex C-03.2, neither Party may, explicitly or implicitly, condition on the fulfilment of a performance requirement the continuation of any existing waiver of customs duties.

3. If a waiver or a combination of waivers of customs duties granted by a Party with respect to goods for commercial use by a designated person can be shown by the other Party to have an adverse impact on the commercial interests of a person of that Party, or of a person owned or controlled by a person of that Party that is located in the territory of the Party granting the waiver, or on the other Party's economy, the Party granting the waiver shall either cease to grant it or make it generally available to any importer.

4. This Article shall not apply to drawback and duty deferral programs.

Article C-04. Temporary Admission of Goods

1. Each Party shall grant duty-free temporary admission, including exemption from fees as specified in Annex C-04.1 for:

(a) professional equipment necessary for carrying out the business activity, trade or profession of a business person who qualifies for temporary entry pursuant to Chapter K (Temporary Entry for Business Persons);

(b) equipment for the press or for sound or television broadcasting and cinematographic equipment;

(c) goods imported for sports purposes and goods intended for display or demonstration; and

(d) commercial samples and advertising films,
imported from the territory of the other Party, regardless of their origin and regardless of whether like, directly competitive or substitutable goods are available in the territory of the Party.

2. Except as otherwise provided in this Agreement, neither Party may condition the duty-free temporary admission of a good referred to in paragraph 1(a), (b) or (c), other than to require that such good:

(a) be imported by a national or resident of the other Party who seeks temporary entry;

(b) be used solely by or under the personal supervision of such person in the exercise of the business activity, trade or profession of that person;

(c) not be sold or leased while in its territory;

(d) be accompanied by a bond in an amount no greater than 110 per cent of the charges that would otherwise be owed on entry or final importation, or by another form of security, releasable on exportation of the good, except that a bond for customs duties shall not be required for an originating good (5);

(e) be capable of identification when exported;

(f) be exported on the departure of that person or within such other period of time as is reasonably related to the purpose of the temporary admission; and

(g) be imported in no greater quantity than is reasonable for its intended use.

3. Except as otherwise provided in this Agreement, neither Party may condition the dutyfree temporary admission of a good referred to in paragraph 1(d), other than to require that such good:

(a) be imported solely for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-Party;

(b) not be sold, leased or put to any use other than exhibition or demonstration while in its territory;

(c) be capable of identification when exported;

(d) be exported within such period as is reasonably related to the purpose of the temporary admission; and

(e) be imported in no greater quantity than is reasonable for its intended use.

4. Where a good is temporarily admitted duty free under paragraph 1 and any condition the Party imposes under paragraph 2 and 3 has not been fulfilled, a Party may impose:

(a) the customs duty and any other charge that would be owed on entry or final importation of the good; and

(b) any applicable criminal, civil or administrative penalties that the circumstances may warrant.

5. Subject to Chapters G (Investment) and H (Cross-Border Trade in Services):

(a) each Party shall allow a vehicle or container used in international traffic that enters its territory from the territory of the other Party to exit its territory on any route that is reasonably related to the economic and prompt departure of such vehicle or container;

(b) neither Party may require any bond or impose any penalty or charge solely by reason of any difference between the port of entry and the port of departure of a vehicle or container;

(c) neither Party may condition the release of any obligation, including any bond, that it imposes in respect of the entry of a vehicle or container into its territory on its exit through any particular port of departure; and

(d) neither Party may require that the vehicle or carrier bringing a container from the territory of the other Party into its territory be the same vehicle or carrier that takes such container to the territory o f the other Party.

6. For purposes of paragraph 5, "vehicle" means a truck, a truck tractor, tractor, trailer unit or trailer, a locomotive, or a railway car or other railroad equipment.

(5) Where another form of monetary security is used, it shall not be more burdensome than the bonding requirement referred to in this subparagraph. Where a Party uses a non-monetary form of security, it shall not be more burdensome than existing forms of security used by that Party.

Article C-05. Duty-free Entry of Certain Commercial Samples and Printed Advertising Materials

Each Party shall grant duty-free entry to commercial samples of negligible value, and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that:

(a) such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-Party; or

(b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither such materials nor packets form part of a larger consignment.

Page 1 Next page
  • Part   One General Part 1
  • Chapter   A Objectives 1
  • Article   A-01 Establishment of the Free Trade Area 1
  • Article   A-02 Objectives 1
  • Article   A-03 Relation to other Agreements 1
  • Article   A-04 Relation to Environmental and Conservation Agreements 1
  • Article   A-05 Extent of Obligations 1
  • Chapter   B General Definitions 1
  • Article   B-01 Definitions of General Application 1
  • Annex B-01  Country-specific definitions 1
  • Part   Two Trade In Goods 1
  • Chapter   C National Treatment and Market Access for Goods 1
  • Article   C-00 Scope and Coverage 1
  • Section   I National Treatment 1
  • Article   C-01 National Treatment 1
  • Section   II Tariffs 1
  • Article   C-02 Tariff Elimination (2) 1
  • Article   C-03 Waiver of Customs Duties 1
  • Article   C-04 Temporary Admission of Goods 1
  • Article   C-05 Duty-free Entry of Certain Commercial Samples and Printed Advertising Materials 1
  • Article   C-06 Goods Re-entered after Repair or Alteration (6) 2
  • Article   C-07 Most-favoured-nation Rates of Duty on Certain Goods 2
  • Section   III Non-tariff Measures 2
  • Article   C-08 Import and Export Restrictions 2
  • Article   C-09 Customs User Fees 2
  • Article   C-10 Wine and Distilled Spirits 2
  • Article   C-11 Geographical Indications 2
  • Article   C-12 Export Taxes 2
  • Article   C-13 Other Export Measures 2
  • Article   C-14 Export Subsidies on Agricultural Goods 2
  • Section   IV Consultations 2
  • Article   C-15 Consultations and Committee on Trade In Goods and Rules of Origin 2
  • Article   C-16 Customs Valuation Code 2
  • Article   C-17 Price Band System 2
  • Section   V Definitions 2
  • Article   C-18 Definitions 2
  • Chapter   C bis Sanitary and Phytosanitary Measures 2
  • Article   Cbis-01 Objectives 2
  • Article   Cbis-02 Scope 2
  • Article   Cbis-03 General Provisions 2
  • Article   Cbis-04 Committee on Sanitary and Phytosanitary Measures 2
  • Article   Cbis-05 Sanitary and Phytosanitary Issue Avoidance and Resolution 2
  • Article   Cbis-06 Contact Points 2
  • Article   Cbis-07 Definitions 2
  • Chapter   C ter Technical Barriers to Trade 2
  • Article   Cter-01 Scope 2
  • Article   Cter-02 Incorporation of the Tbt Agreement 2
  • Article   Cter-03 Joint Cooperation 2
  • Article   Cter-04 International Standards 3
  • Article   Cter-05 Technical Regulations 3
  • Article   Cter-06 Conformity Assessment 3
  • Article   Cter-07 Transparency 3
  • Article   Cter-08 Committee on Technical Barriers to Trade 3
  • Article   Cter-09 Definitions 3
  • Chapter   D Rules of Origin 3
  • Article   D-01 Originating Goods 3
  • Article   D-02 Regional Value Content 3
  • Article   D-03 Automotive Goods 3
  • Article   D-04 Accumulation 4
  • Article   D-05 De Minimis 4
  • Article   D-06 Fungible Goods and Materials 4
  • Article   D-07 Accessories, Spare Parts and Tools 4
  • Article   D-08 Indirect Materials 4
  • Article   D-09 Packaging Materials and Containers for Retail Sale 4
  • Article   D-10 Packing Materials and Containers for Shipment 4
  • Article   D-11 Transshipment 4
  • Article   D-12 Non-qualifying Operations 4
  • Article   D-13 Interpretation and Application 4
  • Article   D-14 Consultation and Modifications 4
  • Article   D-15 NAFTA Accession 4
  • Article   D-16 Definitions 4
  • Chapter   E Customs Procedures 4
  • Section   I Certification of Origin 5
  • Article   E-01 Certificate of Origin 5
  • Article   E-02 Obligations Regarding Importations 5
  • Article   E-03 Exceptions 5
  • Article   E-04 Obligations Regarding Exportations 5
  • Section   II Administration and Enforcement 5
  • Article   E-05 Records 5
  • Article   E-06 Origin Verifications 5
  • Article   E-07 Confidentiality 5
  • Article   E-08 Penalties 5
  • Section   III Advance Rulings 5
  • Article   E-09 Advance Rulings 5
  • Section   IV Review and Appeal of Origin Determinations and Advance Rulings 5
  • Article   E-10 Review and Appeal 5
  • Section   V Uniform Regulations 5
  • Article   E-11 Uniform Regulations 5
  • Section   VI Cooperation 5
  • Article   E-12 Cooperation 5
  • Article   E-13 The Customs Sub-committee 5
  • Article   E-14 Definitions 6
  • Chapter   F Emergency Action 6
  • Article   F-01 Bilateral Actions 6
  • Article   F-02 Global Actions 6
  • Article   F-03 Administration of Emergency Action Proceedings 6
  • Article   F-04 Dispute Settlement In Emergency Action Matters 6
  • Article   F-05 Definitions 6
  • Part   Three Investment, Services and Related Matters 6
  • Chapter   G Investment 6
  • Section   I Investment 6
  • Article   G-01 Scope and Coverage (1) 6
  • Article   G-02 National Treatment (2) 6
  • Article   G-03 Most-favoured-nation Treatment 6
  • Article   G-04 Standard of Treatment 6
  • Article   G-05 Minimum Standard of Treatment (3) 6
  • Article   G-06 Performance Requirements (4) 6
  • Article   G-07 Senior Management and Boards of Directors 6
  • Article   G-08 Reservations and Exceptions 6
  • Article   G-09 Transfers 7
  • Article   G-10 Expropriation and Compensation (5) 7
  • Article   G-11 Special Formalities and Information Requirements 7
  • Article   G-12 Relation to other Chapters 7
  • Article   G-13 Denial of Benefits 7
  • Article   G-14 Environmental Measures 7
  • Article   G-14 bis Corporate Social Responsibility 7
  • Article   G-15 Energy Regulatory Measures 7
  • Section   II Settlement of Disputes between a Party and an Investor of the other Party 7
  • Article   G-16 Purpose 7
  • Article   G-17 Claim by an Investor of a Party on Its Own Behalf 7
  • Article   G-18 Claim by an Investor of a Party on Behalf of an Enterprise 7
  • Article   G-19 Request for Consultations 7
  • Article   G-20 Mediation 7
  • Article   G-21 Submission of a Claim to Arbitration 7
  • Article   G-22 Conditions Precedent to Submission of a Claim to Arbitration 7
  • Article   G-23 Consent to Arbitration 7
  • Article   G-24 Number of Arbitrators and Method of Appointment 7
  • Article   G-25 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 7
  • Article   G-26 Agreement to Appointment of Arbitrators 7
  • Article   G-27 Consolidation 7
  • Article   G-28 Notice 7
  • Article   G-29 Participation by a Party 8
  • Article   G-30 Documents 8
  • Article   G-31 Place of Arbitration 8
  • Article   G-32 Governing Law 8
  • Article   G-33 Interpretation of Annexes 8
  • Article   G-34 Expert Reports 8
  • Article   G-35 Interim Measures of Protection 8
  • Article   G-36 Final Award 8
  • Article   G-37 Finality and Enforcement of an Award 8
  • Article   G-38 General 8
  • Article   G-39 Exclusions 8
  • Subsection   III Definitions 8
  • Article   G-40 Definitions 8
  • Annex G-04.2  Standard of treatment 8
  • Annex G-05  Customary international law 8
  • Annex G-09.1  8
  • Annex G-10  Expropriation 9
  • Annex G-21.1  Submission of a claim to arbitration 9
  • Annex G-38.2  Service of documents on a party under section ii 9
  • Annex G-38.4  Publication of an award 9
  • Annex G-39.2  Exclusions from dispute settlement 9
  • Chapter   H Cross-border Trade In Services 9
  • Article   H-01 Scope and Coverage 9
  • Article   H-02 National Treatment 9
  • Article   H-03 Most-favoured-nation Treatment 9
  • Article   H-04 Standard of Treatment 9
  • Article   H-05 Local Presence 9
  • Article   H-06 Reservations 9
  • Article   H-07 Quantitative Restrictions 9
  • Article   H-08 Liberalization of Non-discriminatory Measures 9
  • Article   H-09 Procedures 9
  • Article   H-10 Licensing and Certification 9
  • Article   H-11 Denial of Benefits 9
  • Article   H-12 Definitions 9
  • Annex H-10.5  Professional services 9
  • Section   I General Provisions 9
  • Section   II Foreign Legal Consultants 9
  • Section   III Temporary Licensing of Engineers 10
  • Chapter   H bis Financial Services 10
  • Article   Hbis-01 Scope and Coverage 10
  • Article   Hbis-02 National Treatment 10
  • Article   Hbis-03 Most-favoured-nation Treatment 10
  • Article   Hbis-04 Right of Establishment 10
  • Article   Hbis-05 Cross-border Trade 10
  • Article   Hbis-06 New Financial Services 10
  • Article   Hbis-07 Treatment of Certain Information 10
  • Article   Hbis-08 Senior Management and Boards of Directors 10
  • Article   Hbis-09 Non-conforming Measures and Certain Specific Commitments 10
  • Article   Hbis-10 Exceptions 10
  • Article   Hbis-11 Transparency 10
  • Article   Hbis-12 Self-regulatory Organizations 10
  • Article   Hbis-13 Payment and Clearing Systems 10
  • Article   Hbis-14 State Enterprises 10
  • Article   Hbis-15 Financial Services Committee 10
  • Article   Hbis-16 Consultations 10
  • Article   Hbis-17 Dispute Settlement 10
  • Article   Hbis-18 Investment Disputes In Financial Services 10
  • Article   Hbis-19 Definitions 10
  • Annex H-bis 05  Cross-border trade 11
  • Annex H-bis 09  Certain specific commitments 11
  • Appendix Hbis-09  11
  • Annex Hbis-15  Authorities responsible for financial services 11
  • Chapter   I Telecommunications 11
  • Article   I-01 Scope and Coverage 11
  • Article   I-02 Access to and Use of Public Telecommunications Transport Networks and Services 11
  • Article   I-03 Conditions for the Provision of Enhanced or Value-added Services 11
  • Article   I-04 Standards-related Measures 11
  • Article   I-05 Monopolies (1) 11
  • Article   I-06 Transparency 12
  • Article   I-07 Relation to other Chapters 12
  • Article   I-08 Relation to International Organizations and Agreements 12
  • Article   I-09 Technical Cooperation and other Consultations 12
  • Article   I-10 Definitions 12
  • Chapter   J Competition Policy, Monopolies and State Enterprises 12
  • Article   J-01 Competition Law (1) 12
  • Article   J-02 Monopolies and State Enterprises (2) 12
  • Article   J-03 State Enterprises 12
  • Article   J-04 Definitions 12
  • Chapter   K Temporary Entry for Business Persons 12
  • Article   K-01 General Principles 12
  • Article   K-02 General Obligations 12
  • Article   K-03 Grant of Temporary Entry 12
  • Article   K-04 Provision of Information 12
  • Article   K-05 Working Group 12
  • Article   K-06 Dispute Settlement 12
  • Article   K-07 Relation to other Chapters 12
  • Article   K-08 Definitions: 12
  • Annex K-03  Temporary entry for business persons 12
  • Section   I Business Visitors 12
  • Section   II Traders and Investors 12
  • Section   III Intra-company Transferees 12
  • Section   IV Professionals 12
  • Annex K-03.1  13
  • Appendix K-03.I.1  13
  • Appendix K-03.I.3  13
  • Appendix K.03.IV.1  13
  • Appendix K-03.IV.4  13
  • Part   Three bis Government Procurement 13
  • Chapter   K bis Government Procurement 13
  • Article   Kbis-01 Scope and Coverage 13
  • Article   Kbis-02 General Principles 13
  • Article   Kbis-03 Publication of Procurement Measures 13
  • Article   Kbis-04 Publication of Notice of Intended Procurement 14
  • Article   Kbis-05 Time Limits for the Tendering Process 14
  • Article   Kbis-06 Information on Intended Procurements 14
  • Article   Kbis-07 Technical Specifications 14
  • Article   Kbis-08 Conditions for Participation 14
  • Article   Kbis-09 Tendering Procedures 14
  • Article   Kbis-10 Awarding of Contracts 14
  • Article   Kbis-11 Information on Awards 14
  • Article   Kbis-12 Ensuring Integrity In Procurement Practices 14
  • Article   Kbis-13 Domestic Review of Supplier Challenges 14
  • Article   Kbis-14 Modifications and Rectifications 14
  • Article   Kbis-15 Non-disclosure of Information 14
  • Article   Kbis-16 Exceptions 14
  • Article   Kbis-17 Public Information 14
  • Article   Kbis-18 Committee on Procurement 14
  • Article   Kbis-19 Further Negotiations 14
  • Article   Kbis-20 Definitions 14
  • Part   Four Administrative and Institutional Provisions 14
  • Chapter   L Publication, Notification and Administration of Laws 14
  • Article   L-01 Contact Points 14
  • Article   L-02 Publication 14
  • Article   L-03 Notification and Provision of Information 14
  • Article   L-04 Administrative Proceedings 14
  • Article   L-05 Review and Appeal 14
  • Article   L-06 Definitions 15
  • Chapter   M Anti-dumping and Countervailing Duty Matters 15
  • Article   M-01 Reciprocal Exemption from the Application of Anti-dumping Duty Laws 15
  • Article   M-02 Rules of Origin 15
  • Article   M-03 Phase-in Provisions 15
  • Article   M-04 Exceptional Circumstances 15
  • Article   M-05 Committee on Anti-dumping and Countervailing Measures 15
  • Article   M-06 Review 15
  • Article   M-07 Dispute Resolution 15
  • Article   M-08 Definitions 15
  • Chapter   N Institutional Arrangements and Dispute Settlement Procedures 15
  • Article   N-01 The Free Trade Commission 15
  • Article   N-02 The Secretariat 15
  • Article   N-03 Cooperation 15
  • Article   N-04 Recourse to Dispute Settlement Procedures 15
  • Article   N-05 Wto Dispute Settlement 15
  • Article   N-06 Consultations 15
  • Article   N-07 Commission - Good Offices, Conciliation and Mediation 15
  • Article   N-08 Request for an Arbitral Panel 15
  • Article   N-09 Roster 15
  • Article   N-10 Qualifications of Panelists 15
  • Article   N-11 Panel Selection 15
  • Article   N-12 Rules of Procedure 16
  • Article   N-13 Role of Experts 16
  • Article   N-14 Scientific Review Boards 16
  • Article   N-15 Initial Report 16
  • Article   N-16 Final Report 16
  • Article   N-17 Implementation of Final Report 16
  • Article   N-18 Non-implementation - Suspension of Benefits 16
  • Section   III Domestic Proceedings and Private Commercial Dispute Settlement 16
  • Article   N-19 Referrals of Matters from Judicial or Administrative Proceedings 16
  • Article   N-20 Private Rights 16
  • Article   N-21 Alternative Dispute Resolution 16
  • Chapter   N bis Trade and Gender 16
  • Article   Nbis-01 General Provisions 16
  • Article   Nbis-02 International Agreements 16
  • Article   Nbis-03 Cooperation Activities 16
  • Article   Nbis-04 Trade and Gender Committee 16
  • Article   Nbis-05 Consultations 16
  • Article   Nbis-06 Non-application of Dispute Resolution 16
  • Article   Nbis-07 Relation to the Agreement on Labour Cooperation 16
  • Article   Nbis-08 Definitions 16
  • Part   Five Other Provisions 16
  • Chapter   O Exceptions 16
  • Article   O-01 General Exceptions 16
  • Article   O-02 National Security 16
  • Article   O-03 Taxation 16
  • Article   O-04 Balance of Payments 17
  • Article   O-05 Disclosure of Information 17
  • Article   O-06 Cultural Industries 17
  • Article   O-07 Definitions 17
  • Annex O-03.1  Double taxation 17
  • Chapter   P Final Provisions 17
  • Article   P-01 Annexes, Appendices and Notes 17
  • Article   P-02 Amendments 17
  • Article   P-03 Entry Into Force 17
  • Article   P-04 Accession of Chile to the NAFTA 17
  • Article   P-05 Duration and Termination 17
  • Article   P-06 Authentic Texts 17
  • Annex I  Reservations for existing measures and liberalization commitments (chapters g and h) 17
  • Annex I Schedule of Canada 17
  • Annex I Schedule of chile 22
  • Annex II  Reservations for future measures (chapters g and h) 25
  • Annex II Schedule of canada 25
  • Annex II Schedule of chile 26
  • Annex III  Exceptions to most-favored-nation treatment (chapter g) 27
  • Annex III Schedule of Canada 27
  • Annex III Schedule of Chile 27
  • Canada-Chile Agreement on Environmental Cooperation 27
  • Agreement on Labour Cooperation Between the Government of Canada and the Government of the Republic of Chile 30