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Free Trade Agreement Between |
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INDEX |
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| Preamble Text | |||
| CHAPTER I | INITIAL PROVISIONS | ||
| Article 1.1 | Establishment of a Free Trade Area | ||
| Article 1.2 |
Objectives |
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| Article 1.3 |
Relation to Other Agreements |
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| Article 1.4 |
Extent of Obligations |
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| CHAPTER II | GENERAL DEFINITIONS | ||
| Article 2.1 | Definitions of General Application | ||
| Annex 2.1 |
Country-Specific Definitions |
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| CHAPTER III | NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS | ||
| Article 3.1 | Scope and Coverage | ||
| SECTION A |
NATIONAL TREATMENT |
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| Article 3.2 | National Treatment | ||
| SECTION B | TARIFF ELIMINATION | ||
| Article 3.3 |
Tariff Elimination |
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| Article 3.4 | Used Goods | ||
| Article 3.5 | Customs Valuation of Carrier Media | ||
| SECTION C |
SPECIAL REGIMES |
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| Article 3.6 | Waiver of Customs Duties | ||
| Article 3.7 | Temporary Admission of Goods | ||
| Article 3.8 |
Drawback and Duty Deferral Programs |
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| Article 3.9 |
Goods Re-entered after Repair or Alteration |
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| Article 3.10 | Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials | ||
| SECTION D | NON-TARIFF MEASURES | ||
| Article 3.11 | Import and Export Restrictions | ||
| Article 3.12 | Administrative Fees and Formalities | ||
| Article 3.13 |
Export Taxes |
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| Article 3.14 | Luxury Tax | ||
| SECTION E | OTHER MEASURES | ||
| Article 3.15 |
Distinctive Products |
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| SECTION F | AGRICULTURE | ||
| Article 3.16 | Agricultural Export Subsidies | ||
| Article 3.17 | Agricultural Marketing and Grading Standards | ||
| Article 3.18 |
Agricultural Safeguard Measures |
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| SECTION G | TEXTILES AND APPAREL | ||
| Article 3.19 | Bilateral Emergency Actions | ||
| Article 3.20 | Rules of Origin and Related Matters | ||
| Article 3.21 | Customs Cooperation | ||
| Article 3.22 | Definitions | ||
| SECTION H | INSTITUTIONAL PROVISIONS | ||
| Article 3.23 | Committee on Trade in Goods | ||
| SECTION I | DEFINITIONS | ||
| Article 3.24 | Definitions | ||
| National Treatment and Import and Export Restrictions | |||
| SECTION A |
MEASURES OF THE UNITED STATES |
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| SECTION B | MEASURES OF CHILE | ||
| Annex 3.3 |
Tariff Elimination |
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| Annex 3.14 | Luxury Tax | ||
|
Mutual Recognition of Grading
Programs |
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| Appendix 3.17-A | Comparative Beef Cut Nomenclature Table / Equivalencia De Cortes | ||
| Appendix 3.17-B |
Comparison of Chilean Beef Norms and USDA Beef Quality Grades |
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| Product Lists and Trigger Prices for Agricultural Safeguard | |||
| U.S. General Notes [ PDF, 43KB] | |||
| U.S. Tariff Schedule [ PDF, 945KB] | |||
| Chile General Notes [ PDF, 23KB] | |||
| Chile Tariff Schedule [ PDF, 505KB] | |||
| CHAPTER IV | RULES OF ORIGIN AND ORIGIN PROCEDURES | ||
| SECTION A | RULES OF ORIGIN | ||
| Article 4.1 | Originating Goods | ||
| Article 4.2 | Regional Value Content | ||
| Article 4.3 | Value of Materials | ||
| Article 4.4 | Accessories, Spare Parts, and Tools | ||
| Article 4.5 | Fungible Goods and Materials | ||
| Article 4.6 |
Accumulation |
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| Article 4.7 |
De Minimis Rule |
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| Article 4.8 | Indirect Materials Used in Production | ||
| Article 4.9 | Packaging Materials and Containers for Retail Sale | ||
| Article 4.10 | Packing Materials and Containers for Shipment | ||
| Article 4.11 |
Transit and Transshipment |
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| SECTION B | ORIGIN PROCEDURES | ||
| Article 4.12 |
Claims of Origin |
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| Article 4.13 |
Certificates of Origin |
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| Article 4.14 | Obligations Relating to Importations | ||
| Article 4.15 | Obligations Relating to Exportations | ||
| Article 4.16 | Procedures for Verification of Origin | ||
| Article 4.17 | Common Guidelines | ||
| SECTION C | DEFINITIONS | ||
| Article 4.18 | Definitions | ||
| Annex 4.18 |
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| Annex 4.1 | Product-Specific Rules of Origin [ PDF, 177KB] | ||
| CHAPTER V | CUSTOMS ADMINISTRATION | ||
| Article 5.1 | Publication | ||
| Article 5.2 | Release of Goods | ||
| Article 5.3 |
Automation |
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| Article 5.4 | Risk Assessment | ||
| Article 5.5 | Cooperation | ||
| Article 5.6 |
Confidentiality |
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| Article 5.7 |
Express Shipments |
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| Article 5.8 |
Review and Appeal |
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| Article 5.9 |
Penalties |
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| Article 5.10 | Advance Rulings | ||
| Article 5.11 |
Implementation |
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| CHAPTER VI | SANITARY AND PHYTOSANITARY MEASURES | ||
| Article 6.1 | Scope and Coverage | ||
| Article 6.2 | General Provisions | ||
| Article 6.3 | Committee on Sanitary and Phytosanitary Matters | ||
| Article 6.4 |
Definitions |
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| CHAPTER VII | TECHNICAL BARRIERS TO TRADE | ||
| Article 7.1 | Scope and Coverage | ||
| Article 7.2 | Affirmation of Agreement on Technical Barriers to Trade | ||
| Article 7.3 | International Standards | ||
| Article 7.4 |
Trade Facilitation |
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| Article 7.5 | Technical Regulations | ||
| Article 7.6 | Conformity Assessment | ||
| Article 7.7 |
Transparency |
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| Article 7.8 | Committee on Technical Barriers to Trade | ||
| Article 7.9 | Information Exchange | ||
| Article 7.10 | Definitions | ||
|
Committee on Technical Barriers to Trade |
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| CHAPTER VIII | TRADE REMEDIES | ||
| SECTION A | SAFEGUARDS | ||
| Article 8.1 | Imposition of a Safeguard Measure | ||
| Article 8.2 | Standards for a Safeguard Measure | ||
| Article 8.3 | Investigation Procedures and Transparency Requirements | ||
| Article 8.4 | Notification | ||
| Article 8.5 |
Compensation |
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| Article 8.6 |
Global Actions |
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| Article 8.7 | Definitions | ||
| SECTION B | ANTIDUMPING AND COUNTERVAILING DUTIES | ||
| Article 8.8 | Antidumping and Countervailing Duties | ||
| CHAPTER IX | GOVERNMENT PROCUREMENT | ||
| Article 9.1 | Scope and Coverage | ||
| Article 9.2 | General Principles | ||
| Article 9.3 | Publication of Procurement Measures | ||
| Article 9.4 | Publication of Notice of Intended Procurement | ||
| Article 9.5 | Time Limits for the Tendering Process | ||
| Article 9.6 | Information on Intended Procurements | ||
| Article 9.7 |
Technical Specifications |
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| Article 9.8 | Conditions for Participation | ||
| Article 9.9 | Tendering Procedures | ||
| Article 9.10 | Awarding of Contracts | ||
| Article 9.11 |
Information on Awards |
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| Article 9.12 | Ensuring Integrity in Procurement Practices | ||
| Article 9.13 |
Domestic Review of Supplier Challenges |
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| Article 9.14 | Modifications and Rectifications | ||
| Article 9.15 | Non-Disclosure of Information | ||
| Article 9.16 |
Exceptions |
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| Article 9.17 | Public Information | ||
| Article 9.18 |
Committee on Procurement |
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| Article 9.19 |
Further Negotiations |
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| Article 9.20 | Definitions | ||
| Annex 9.1 | |||
| SECTION A | CENTRAL LEVEL OF GOVERNMENT ENTITIES | ||
| SECTION B | SUB-CENTRAL LEVEL GOVERNMENT ENTITIES | ||
| SECTION C | OTHER COVERED ENTITIES | ||
| SECTION D | GOODS | ||
| SECTION E | SERVICES | ||
| SECTION F |
CONSTRUCTION SERVICES |
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| SECTION G | THRESHOLD ADJUSTMENT FORMULAS | ||
| SECTION H | GENERAL NOTES | ||
| CHAPTER X | INVESTMENT | ||
| SECTION A | INVESTMENT | ||
| Article 10.1 | Scope and Coverage | ||
| Article 10.2 | National Treatment | ||
| Article 10.3 | Most-Favored-Nation Treatment | ||
| Article 10.4 | Minimum Standard of Treatment | ||
| Article 10.5 | Performance Requirements | ||
| Article 10.6 | Senior Management and Boards of Directors | ||
| Article 10.7 | Non-Conforming Measures | ||
| Article 10.8 | Transfers | ||
| Article 10.9 | Expropriation and Compensation | ||
| Article 10.10 | Special Formalities and Information Requirements | ||
| Article 10.11 | Denial of Benefits | ||
| Article 10.12 | Investment and Environment | ||
| Article 10.13 | Implementation | ||
| SECTION B | INVESTOR-STATE DISPUTE SETTLEMENT | ||
| Article10.14 | Consultation and Negotiation | ||
| Article 10.15 | Submission of a Claim to Arbitration | ||
| Article 10.16 | Consent of Each Party to Arbitration | ||
| Article 10.17 | Conditions and Limitations on Consent of Each Party | ||
| Article 10.18 | Selection of Arbitrators | ||
| Article 10.19 | Conduct of the Arbitration | ||
| Article 10.20 | Transparency of Arbitral Proceedings | ||
| Article 10.21 | Governing Law | ||
| Article 10.22 | Interpretation of Annexes | ||
| Article 10.23 | Expert Reports | ||
| Article 10.24 | Consolidation | ||
| Article 10.25 |
Awards |
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| Article 10.26 | Service of Documents | ||
| SECTION C | DEFINITIONS | ||
| Article 10.27 | Definitions | ||
| Annex 10-A | Customary International Law | ||
| Public Debt Chile | |||
| Annex 10-C | Special Dispute Settlement Provisions | ||
| Annex 10-D | Expropriation | ||
| Annex 10-E | Submission of a Claim to Arbitration | ||
| Annex 10-F | DL 600 | ||
| Annex 10-G | Service of Documents on a Party Under Section B | ||
| Annex 10-H | Possibility of a Bilateral Appellate Body/Mechanism | ||
| CHAPTER XI | CROSS-BORDER TRADE IN SERVICES | ||
| Article 11.1 | Scope and Coverage | ||
| Article 11.2 | National Treatment | ||
| Article 11.3 | Most-Favored-Nation Treatment | ||
| Article 11.4 | Market Access | ||
| Article 11.5 | Local Presence | ||
| Article 11.6 | Non-conforming Measures | ||
| Article 11.7 | Transparency in Development and Application of Regulations | ||
| Article 11.8 | Domestic Regulation | ||
| Article 11.9 | Mutual Recognition | ||
| Article 11.10 | Implementation | ||
| Article 11.11 | Denial of Benefits | ||
| Article 11.12 | Definitions | ||
| Annex 11.6 | Express Delivery | ||
| Annex 11.9 | Professional Services | ||
| SECTION A | GENERAL PROVISIONS | ||
| SECTION B | FOREIGN LEGAL CONSULTANTS | ||
| SECTION C | TEMPORARY LICENSING OF ENGINEERS | ||
| Appendix 11.9-C | Civil Engineers | ||
| CHAPTER XII | FINANCIAL SERVICES | ||
| Article 12.1 | Scope and Coverage | ||
| Article 12.2 | National Treatment | ||
| Article 12.3 | Most-Favored-Nation Treatment | ||
| Article 12.4 |
Market Access for Financial Institutions |
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| Article 12.5 | Cross-Border Trade | ||
| Article 12.6 | New Financial Services | ||
| Article 12.7 |
Treatment of Certain Information |
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| Article 12.8 | Senior Management and Boards of Directors | ||
| Article 12.9 | Non-Conforming Measures | ||
| Article 12.10 | Exceptions | ||
| Article 12.11 | Transparency | ||
| Article 12.12 | Self-Regulatory Organizations | ||
| Article 12.13 |
Payment and Clearing Systems |
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| Article 12.14 | Expedited Availability of Insurance Services | ||
| Article 12.15 | Financial Services Committee | ||
| Article 12.16 | Consultations | ||
| Article 12.17 | Dispute Settlement | ||
| Article 12.18 |
Investment Disputes in Financial Services |
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| Article 12.19 | Definitions | ||
| Cross-Border Trade | |||
| Annex 12.9 | Specific Commitments | ||
| Annex 12.11 | |||
| Annex 12.15 |
Authorities Responsible for Financial Services |
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| CHAPTER XIII | TELECOMMUNICATIONS | ||
| Article 13.1 | Scope and Coverage | ||
| Article 13.2 | Access to and Use of Public Telecommunications Networks and Services | ||
| Article 13.3 | Obligations Relating to Interconnection with Suppliers of Public Telecommunications Services | ||
| Article 13.4 | Additional Obligations Relating to Conduct of Major Suppliers of Public Telecommunications Services | ||
| Article 13.5 | Submarine Cable Systems | ||
| Article 13.6 |
Conditions for Supplying Information Services |
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| Article 13.7 | Independent Telecommunications Regulatory Bodies | ||
| Article 13.8 |
Universal Service |
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| Article 13.9 | Licensing Procedures | ||
| Article 13.10 | Allocation and Use of Scarce Resources | ||
| Article 13.11 | Enforcement | ||
| Article 13.12 | Procedures for Resolving Domestic Telecommunications Disputes | ||
| Article 13.13 | Transparency | ||
| Article 13.14 | Flexibility in the Choice of Technologies | ||
| Article 13.15 | Forbearance | ||
| Article 13.16 |
Relationship to Other Chapters |
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| Article 13.17 | Definitions | ||
| Annex 13.4(1) | |||
| Annex 13.4(5)(b) | |||
| CHAPTER XIV | TEMPORARY ENTRY FOR BUSINESS PERSONS | ||
| Article 14.1 | General Principles | ||
| Article 14.2 | General Obligations | ||
| Article 14.3 | Grant of Temporary Entry | ||
| Article 14.4 | Provision of Information | ||
| Article 14.5 | Committee on Temporary Entry | ||
| Article 14.6 | Dispute Settlement | ||
| Article 14.7 |
Relation to Other Chapters |
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| Article 14.8 | Transparency in Development and Application of Regulations | ||
| Article 14.9 | Definitions | ||
| Annex 14.3 | TEMPORARY ENTRY FOR BUSINESS PERSONS | ||
| SECTION A | BUSINESS VISITORS | ||
| SECTION B | TRADERS AND INVESTORS | ||
| SECTION C |
INTRA-COMPANY TRANSFEREES |
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| SECTION D | PROFESSIONALS | ||
| Appendix 14.3(A)(1) | Business Visitors | ||
| Appendix 14.3(D)(6) | |||
| CHAPTER XV | ELECTRONIC COMMERCE | ||
| Article 15.1 | General Provisions | ||
| Article 15.2 | Electronic Supply of Services | ||
| Article 15.3 |
Customs Duties on Digital Products |
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| Article 15.4 | Non-Discrimination for Digital Products | ||
| Article 15.5 | Cooperation | ||
| Article 15.6 |
Definitions |
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| Annex 15.4 | Non-Discrimination for Digital Products | ||
| CHAPTER XVI | COMPETITION POLICY, DESIGNATED MONOPOLIES, AND STATE ENTERPRISES | ||
| Article 16.1 | Anticompetitive Business Conduct | ||
| Article 16.2 | Cooperation | ||
| Article 16.3 | Designated Monopolies | ||
| Article 16.4 | State Enterprises | ||
| Article 16.5 | Differences in Pricing | ||
| Article 16.6 | Transparency and Information Requests | ||
| Article 16.7 |
Consultations |
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| Article 16.8 | Disputes | ||
| Article 16.9 | Definitions | ||
| CHAPTER XVII | INTELLECTUAL PROPERTY RIGHTS | ||
| Article 17.1 | General Provisions | ||
| Article 17.2 | Trademarks | ||
| Article 17.3 |
Domain Names on the Internet |
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| Article 17.4 | Geographical Indications | ||
| Article 17.5 | Copyright | ||
| Article 17.6 | Related Rights | ||
| Article 17.7 | Obligations Common to Copyright and Related Rights | ||
| Article 17.8 | Protection of Encrypted Program-Carrying Satellite Signals | ||
| Article 17.9 | Patents | ||
| Article 17.10 | Measures Related to Certain Regulated Products | ||
| Article 17.11 |
Enforcement of Intellectual Property Rights |
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| Article 17.12 | Final Provisions | ||
| CHAPTER XVIII | LABOR | ||
| Article 18.1 | Statement of Shared Commitment | ||
| Article 18.2 |
Enforcement of Labor Laws |
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| Article 18.3 | Procedural Guarantees and Public Awareness | ||
| Article 18.4 | Labor Affairs Council | ||
| Article 18.5 | Labor Cooperation Mechanism | ||
| Article 18.6 | Cooperative Consultations | ||
| Article 18.7 | Labor Roster | ||
| Article 18.8 |
Definitions |
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| Annex 18.5 | Labor Cooperation Mechanism | ||
| CHAPTER XIX | ENVIRONMENT | ||
| Article 19.1 | Levels of Protection | ||
| Article 19.2 | Enforcement of Environmental Laws | ||
| Article 19.3 | Environment Affairs Council | ||
| Opportunities for Public Participation | |||
| Article 19.5 | Environmental Cooperation | ||
|
Environmental Consultations |
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| Article 19.7 | Environment Roster | ||
| Article 19.8 | Procedural Matters | ||
| Article 19.9 |
Relationship to Environmental Agreements |
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| Article 19.10 | Principles of Corporate Stewardship | ||
| Article 19.11 | Definitions | ||
| Annex 19.3 | Environmental Cooperation | ||
| CHAPTER XX | TRANSPARENCY | ||
| Article 20.1 | Contact Points | ||
| Article 20.2 | Publication | ||
| Article 20.3 | Notification and Provision of Information | ||
| Article 20.4 |
Administrative Proceedings |
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| Article 20.5 | Review and Appeal | ||
| Article 20.6 | Definitions | ||
| CHAPTER XXI | ADMINISTRATION OF THE AGREEMENT | ||
| Article 21.1 | The Free Trade Commission | ||
| Article 21.2 | Administration of Dispute Settlement Proceedings | ||
| Annex 21.1 | Implementation Of Modifications Approved By The Commission | ||
| CHAPTER XXII | DISPUTE SETTLEMENT | ||
| Article 22.1 |
Cooperation |
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| Article 22.2 | Scope of Application | ||
| Choice of Forum | |||
| Consultations | |||
| Commission - Good Offices, Conciliation, and Mediation | |||
| Request for an Arbitral Panel | |||
| Roster | |||
| Qualifications of Panelists | |||
| Article 22.9 |
Panel Selection |
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| Article 22.10 |
Rules of Procedure |
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| Article 22.11 | Experts and Technical Advice | ||
| Article 22.12 |
Initial Report |
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| Article 22.13 |
Final Report |
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| Article 22.14 |
Implementation of Final Report |
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| Article 22.15 | Non-Implementation - Suspension of Benefits | ||
| Article 22.16 | Non-Implementation in Certain Disputes | ||
| Article 22.17 |
Compliance Review |
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| Article 22.18 |
Five-Year Review |
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| Article 22.19 | Referral of Matters from Judicial or Administrative Proceedings | ||
| Article 22.20 | Private Rights | ||
| Article 22.21 | Alternative Dispute Resolution | ||
| Annex 22.2 |
Nullification or Impairment |
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| Annex 22.16 | Inflation Adjustment Formula for Monetary Assessments | ||
| CHAPTER XXIII | EXCEPTIONS | ||
| Article 23.1 |
General Exceptions |
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| Article 23.2 | Essential Security | ||
| Article 23.3 | Taxation | ||
| Article 23.4 | Balance of Payments Measures on Trade in Goods | ||
| Article 23.5 | Disclosure of Information | ||
| Article 23.6 | Definitions | ||
| Annex 23.3 | Competent Authorities | ||
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| FINAL PROVISIONS | |||
| Chile Text | |||
| United States Text | |||
| ANNEXES | |||
| Annex I | (Services/Investment Non-Conforming Measures) | ||
| Formatting Note [ PDF, 7KB] | |||
| U.S. Measures [ PDF, 28KB] | |||
| Chilean Measures [ PDF, 64KB] | |||
| Annex II | (Services/Investment Non-Conforming Measures) | ||
| Formatting Note [ PDF, 6KB] | |||
| U.S. Measures [ PDF, 22KB] | |||
| Chilean Measures [ PDF, 34KB] | |||
| Annex III | (Financial Services Non-Conforming Measures) | ||
| U.S. Formatting Note [ PDF, 11KB] | |||
| U.S. Measures (Banking) [ PDF, 14KB] | |||
| U.S. Measures (Insurance) [ PDF, 13KB] | |||
| Chile Formatting Note and Measures [ PDF, 56KB] | |||
| SIDE LETTERS | |||
| Side Letter on Professional Services [ PDF, 6KB] | |||
| Side Letter on Local Agents [ PDF, 6KB] | |||
| Side Letter on Television [ PDF, 8KB] | |||
| Side Letter on Annex 14.3 [ PDF, 13KB] | |||
| Side Letter on Annex 14.3(D) [ PDF, 7KB] | |||
| Side Letter on Poultry [ PDF, 7KB] | |||
| Source: Office of the United States Trade Representative | |||
