2. Panelists shall normally be selected from the roster. A Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by the other Party within 15 days after the individual has been proposed.
3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Article N-12. Rules of Procedure
1. The Commission shall establish, by the date of entry into force of this Agreement, Model Rules of Procedure, in accordance with the following principles:
(a) the procedures shall assure a right to at least one hearing before the panel as well as the opportunity to provide initial and rebuttal written submissions; and
(b) the panel's hearings, deliberations and initial report, and all written submissions to and communications with the panel shall be confidential.
2. The Commission may amend from time to time the Model Rules of Procedure referred to in paragraph 1.
3. Unless the Parties otherwise agree, the panel shall conduct its proceedings in accordance with the Model Rules of Procedure.
4. Unless the Parties otherwise agree within 20 days from the date of the delivery of the request for the establishment of the panel, the terms of reference shall be: "To examine, in the light of the relevant provisions of the Agreement, the matter referred to the Commission (as set out in the request for a Commission meeting) and to make findings, determinations and recommendations as provided in Article N-15(2)."
5. If the complaining Party wishes to argue that a matter has nullified or impaired benefits, the terms of reference shall so indicate.
6. If a Party wishes the panel to make findings as to the degree of adverse trade effects on a Party of any measure found not to conform with the obligations of the Agreement or to have caused nullification or impairment in the sense of Annex N-04, the terms of reference shall so indicate.
Article N-13. Role of Experts
On request of a Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties so agree and subject to such terms and conditions as the Parties may agree.
Article N-14. Scientific Review Boards
1. On request of a Party or, unless the Parties disapprove, on its own initiative, the panel may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a Party in a proceeding, subject to such terms and conditions as the Parties may agree.
2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the Parties and the scientific bodies set out in the Model Rules of Procedure established pursuant to Article N-12(1).
3. The Parties shall be provided: (a) advance notice of, and an opportunity to provide comments to the panel on, the proposed factual issues to be referred to the board; and (b) a copy of the board's report and an opportunity to provide comments on the report to the panel.
4. The panel shall take the board's report and any comments by the Parties on the report into account in the preparation of its report.
Article N-15. Initial Report
1. Unless the Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article N-13 or N-14.
2. Unless the Parties otherwise agree, the panel shall, within 90 days after the last panellist is selected or such other period as the Model Rules of Procedure established pursuant to Article N-12(1) may provide, present to the Parties an initial report containing:
(a) findings of fact, including any findings pursuant to a request under Article N12(6);
(b) its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of Annex N-04, or any other determination requested in the terms of reference; and
(c) its recommendations, if any, for resolution of the dispute.
3. Panelists may furnish separate opinions on matters not unanimously agreed.
4. A Party may submit written comments to the panel on its initial report within 14 days of presentation of the report.
5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of a Party, may:
(a) request the views of a Party;
(b) reconsider its report; and
(c) make any further examination that it considers appropriate.
Article N-16. Final Report
1. The panel shall present to the Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the Parties otherwise agree.
2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions.
3. The Parties shall transmit to the Commission the final report of the panel, including any report of a scientific review board established under Article N-14, as well as any written views that a Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them.
4. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission.
Implementation of Panel Reports
Article N-17. Implementation of Final Report
1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations of the panel, and shall notify their Sections of the Secretariat of any agreed resolution of any dispute.
2. Wherever possible, the resolution shall be nonimplementation or removal of a measure not conforming with this Agreement or causing nullification or impairment in the sense of Annex N-04 or, failing such a resolution, compensation.
Article N-18. Non-implementation - Suspension of Benefits
1. If in its final report a panel has determined that a measure is inconsistent with the obligations of this Agreement or causes nullification or impairment in the sense of Annex N-04 and the Party complained against has not reached agreement with the complaining Party on a mutually satisfactory resolution pursuant to Article N-17(1) within 30 days of receiving the final report, the complaining Party may suspend the application to the Party complained against of benefits of equivalent effect until such time as they have reached agreement on a resolution of the dispute.
2. In considering what benefits to suspend pursuant to paragraph 1:
(a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the panel has found to be inconsistent with the obligations of this Agreement or to have caused nullification or impairment in the sense of Annex N-04; and
(b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors.
3. On the written request of a Party delivered to its Section of the Secretariat and the other Party, the Commission shall establish a panel to determine whether the level of benefits suspended by a Party pursuant to paragraph 1 is manifestly excessive.
4. The panel proceedings shall be conducted in accordance with the Model Rules of Procedure. The panel shall present its determination within 60 days after the last panelist is selected or such other period as the Parties may agree.
Section III. Domestic Proceedings and Private Commercial Dispute Settlement
Article N-19. Referrals of Matters from Judicial or Administrative Proceedings
1. If an issue of interpretation or application of this Agreement arises, in any domestic judicial or administrative proceeding of a Party, that either Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify its Section of the Secretariat and the other Party. The Commission shall endeavour to agree on an appropriate response as expeditiously as possible.
2. The Party in whose territory the court or administrative body is located shall submit any agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum.
3. If the Commission is unable to agree, each Party may submit its own views to the court or administrative body in accordance with the rules of that forum.
Article N-20. Private Rights
Neither Party may provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Article N-21. Alternative Dispute Resolution
1. Each Party shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes between private parties in the free trade area.
2. To this end, each Party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral awards in such disputes.
3. A Party shall be deemed to be in compliance with paragraph 2 if it is a party to and is in compliance with the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the 1975 Inter-American Convention on International Commercial Arbitration.
Inter-American Convention on International Commercial Arbitration.
4. The Commission shall establish an Advisory Committee on Private Commercial Disputes comprising persons with expertise or experience in the resolution of private international commercial disputes. The Committee shall report and provide recommendations to the Commission on general issues referred to it by the Commission respecting the availability, use and effectiveness of arbitration and other procedures for the resolution of such disputes in the free trade area.
(a) paragraph 1(a), to the extent that the benefit arises from any cross-border trade in services provision of Part Two or Three; or
(b) paragraph 1(b), with respect to any measure subject to an exception under Article O-01 (General Exceptions).
Chapter N bis. Trade and Gender
Article Nbis-01. General Provisions
1. The Parties acknowledge the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that gender-responsive policies can play in achieving sustainable socioeconomic development. Inclusive economic growth aims to distribute benefits among the entire population by providing equitable opportunities for the participation of women and men in business, industry and the labour market.
2. The Parties recall Goal 5 of the Sustainable Development Goals in the United Nations 2030 Agenda for Sustainable Development, which is to achieve gender equality and empower all women and girls. The Parties reaffirm the importance of promoting gender equality policies and practices, and building the capacity of the Parties in this area, including in non-government sectors, in order to promote equal rights, treatment and opportunity between men and women and the elimination of all forms of discrimination against women.
3. The Parties reaffirm the obligations in the Agreement on Labour Cooperation or its successor relating to gender equality and the elimination of gender discrimination. The Parties also reaffirm commitments made in Article G-14bis as they relate to gender, including the Parties’ commitments to the OECD Guidelines for Multinational Enterprises, and the requirement under the Guidelines to establish a National Contact Point.
4. The Parties acknowledge that international trade and investment are engines of economic growth, and that improving women’s access to opportunities and removing barriers in their countries enhances their participation in national and international economies, and contributes to sustainable economic development.
5. The Parties also acknowledge that women's enhanced participation in the labour market and their economic independence and access to, and ownership of, economic resources contribute to sustainable and inclusive economic growth, prosperity, competitiveness, and the well-being of society.
6. The Parties affirm their commitment to adopt, maintain and implement effectively their gender equality laws, regulations, policies and best practices.
7. Each Party shall domestically promote public knowledge of its gender equality laws, regulations, policies and practices.
Article Nbis-02. International Agreements
1. Each Party reaffirms its commitment to effectively implement the obligations under the Convention on the Elimination of all Forms of Discrimination Against Women, adopted by the United Nations General Assembly on 18 December 1979.
2. Each Party reaffirms its commitment to implement the obligations under other international agreements addressing gender equality or women’s rights to which it is a party.
Article Nbis-03. Cooperation Activities
1. The Parties acknowledge the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage women’s participation in national and international economies.
2. Accordingly, the Parties shall carry out cooperation activities designed to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement. These activities shall be carried out with inclusive participation of women.
3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties through the interaction of their respective government institutions, businesses, labour unions, education and research organizations, other non-governmental organizations, and their representatives, as appropriate.
4. Areas of cooperation may include:
(a) developing programs to promote women’s full participation and advancement in society by encouraging capacity-building and skills enhancement of women at work, in business, and at senior levels in all sectors of society (including on corporate boards);
(b) improving women’s access to, and participation and leadership in, science, technology and innovation, including education in science, technology, engineering, mathematics and business;
(c) promoting financial inclusion and education as well as promoting access to financing and financial assistance;
(d) advancing women’s leadership and developing women’s networks;
(e) developing better practices to promote gender equality within enterprises;
(f) fostering women’s participation in decision-making positions in the public and private sectors;
(g) promoting female entrepreneurship;
(h) advancing care policies and programs with a gender and shared social responsibility perspective;
(i) conducting gender-based analysis;
(j) sharing methods and procedures for the collection of sex-disaggregated data, the use of indicators, and the analysis of gender-focused statistics related to trade; and
(k) other issues as agreed by the Parties.
5. The Parties may carry out activities in the cooperation areas set out in paragraph 4 through:
(a) workshops, seminars, dialogues and other forums for exchanging knowledge, experiences and best practices;
(b) internships, visits and research studies to document and study policies and practices;
(c) collaborative research and development of best practices in subject-matters of mutual interest;
(d) specific exchanges of specialized technical knowledge and technical assistance, as appropriate; and
(e) other activities as agreed by the Parties.
6. The priorities for cooperation activities shall be decided by the Parties based on their interests and available resources.
7. The Trade and Gender Committee may refer any proposed cooperation activities related to labour or labour market development to the Council established under the Agreement on Labour Cooperation or its successor, for its consideration.
Article Nbis-04. Trade and Gender Committee
1. The Parties hereby establish a Trade and Gender Committee composed of representatives from each Party’s government institutions responsible for trade and gender.
2. The Committee shall:
(a) determine, organize and facilitate the cooperation activities under Article N bis-03;
(b) report to the Commission and make recommendations to the Commission on any matter related to this Chapter;
(c) facilitate the exchange of information on each Party’s experiences with respect to the establishment and implementation of policies and programs that address gender concerns in order to achieve the greatest possible benefit under this Agreement;
(d) facilitate the exchange of information on the Parties’ experiences and lessons learned through the cooperation activities carried out under Article N bis-03;
(e) discuss joint proposals to support policies on trade and gender;
(f) invite international donor institutions, private sector entities, non-governmental organizations, or other relevant institutions, as appropriate, to assist with the development and implementation of cooperation activities;
(g) consider matters related to the implementation and operation of this Chapter;
(h) at the request of a Party, consider and discuss any matter that may arise related to the interpretation and application of this Chapter; and
(i) carry out other duties as determined by the Parties.
3. The Committee shall meet annually and as otherwise agreed by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter.
4. The Committee and Parties may exchange information and coordinate activities by email, videoconference or other means of communication.
5. In the performance of its duties, the Committee may work with other committees, working groups and subsidiary bodies established under this Agreement, the Council established under the Agreement on Labour Cooperation or, as appropriate, the Council established under the Agreement on Environmental Cooperation. In the context of this work, the Committee shall encourage efforts by these committees, working groups, subsidiary bodies, and these Councils, to integrate gender-related commitments, considerations and activities into their work.
6. The Committee may request that the Commission refer work to be conducted under this Article to any other committees, working groups and other subsidiary bodies established under this Agreement, the Agreement on Labour Cooperation or its successor, or, as appropriate, the Agreement on Environmental Cooperation or its successor.
7. The Parties may decide to invite experts or relevant organizations to Committee meetings to provide information.
8. Within two years of the first meeting of the Committee, the Committee shall review the implementation of this Chapter and shall report to the Commission.
9. Each Party shall develop mechanisms to report publically on the activities developed under this Chapter.
10. To facilitate communication between the Parties regarding the implementation of this Chapter, each Party designates the following point of contact and shall promptly notify the other Party if there is any change in the point of contact identified below:
(a) for Chile, the General Directorate of International Economic Relations (“Dirección General de Relaciones Económicas Internacionales”) or its successor; and
(b) for Canada, the Trade Agreements and NAFTA Secretariat Division of the Department of Foreign Affairs, Trade and Development, or its successor.
Article Nbis-05. Consultations
The Parties shall make all possible efforts, through dialogue, consultations and cooperation, to resolve any matter that may arise in regard to the interpretation and application of this Chapter.
Article Nbis-06. Non-application of Dispute Resolution
A Party shall not avail itself of the dispute resolution mechanism provided for in Chapter N (Institutional Arrangements and Dispute Settlement Procedures) with respect to any matter arising under this Chapter.
Article Nbis-07. Relation to the Agreement on Labour Cooperation
In the event of any inconsistency between this Chapter and the Agreement on Labour Cooperation or its successor, the Agreement on Labour Cooperation or its successor shall prevail to the extent of the inconsistency.
Article Nbis-08. Definitions
For the purposes of this Chapter:
Agreement on Labour Cooperation means the Agreement on Labour Cooperation between the Government of Canada and the Government of the Republic of Chile, done at Ottawa on February 6, 1997; and
Agreement on Environmental Cooperation means the Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile, done at Ottawa on February 6, 1997.
Part Five. Other Provisions
Chapter O. Exceptions
Article O-01. General Exceptions
1. For purposes of Part Two (Trade in Goods), except to the extent that a provision of that Part applies to services or investment, Article XX 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. 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 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
2. Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on trade between the Parties, nothing in:
(a) Part Two (Trade in Goods), to the extent that a provision of that Part applies to services;
(b) Chapter H (Cross-Border Trade in Services); and
(c) Chapter I (Telecommunications), shall be construed to prevent the adoption or enforcement by either Party of measures necessary to secure compliance with laws or regulations that are not inconsistent with the provisions of this Agreement, including those relating to health and safety and consumer protection.
Article O-02. National Security
1. Nothing in this Agreement shall be construed:
(a) to require either Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests;
(b) to prevent either Party from taking any actions that it considers necessary for the protection of its essential security interests
(i) relating to the traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment,
(ii) taken in time of war or other emergency in international relations, or
(iii) relating to the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices; or
(c) to prevent either Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article O-03. Taxation
1. Except as set out in this Article and in Annex O-03.1, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency.
3. Notwithstanding paragraph 2: