SICE: Trade Agreements: Chile

Index
Preamble
Part I	General Aspects
Chapter 1	Initial Provisions
Article 1.1	Establishment of the Free Trade Area
Article 1.2	Objectives
Article 1.3	Relation to Other International Agreements
Article 1.4	Succession of Treaties or International Agreements
Article 1.5	Extent of Obligations
Chapter 2	General Definitions
Article 2.1	Definitions of General Application
	Annex 2.1: Country-Specific Definitions

Part II	Trade in Goods
Chapter 3	National Treatment and Market Access for Goods
Section A	Definitions and Scope and Coverage
Article 3.1	Definitions
Article 3.2	Scope and Coverage
Section B	National Treatment
Article 3.3	National Treatment
Section C	Tariffs
Article 3.4	Tariff Elimination
Article 3.5	Temporary Admission of Goods
Article 3.6	Duty-Free Entry of Certain Commercial Samples of Negligible Value and Printed Advertising Materials
Article 3.7	Goods Re-Entered after Repair or Alteration
Article 3.8	Customs Valuation
Section D	Non-Tariff Measures
Article 3.9	Import and Export Restrictions
Article 3.10	Customs User Fees
Article 3.11	Export Taxes
Article 3.12	Emergency Clause for Agricultural Goods
Article 3.13	Committee on Trade in Goods
	Annex 3.5: Temporary Admission of Goods
	Annex 3.9: Import and Export Measures
Chapter 4	Rules of Origin
Article 4.1	Definitions
Article 4.2	Originating Goods
Article 4.3	Regional Value Content
Article 4.4	Intermediate Materials
Article 4.5	Accumulation
Article 4.6	De Minimis
Article 4.7	Fungible Goods and Materials
Article 4.8	Accessories, Spare Parts and Tools
Article 4.9	Indirect Materials
Article 4.10	Packaging Materials and Containers for Retail Sale
Article 4.11	Packing Materials and Containers for Shipment
Article 4.12	Transhipment
Article 4.13	Non-Qualifying Operations
Article 4.14	Interpretation and Application
Article 4.15	Consultations and Modifications
Chapter 5	Customs Procedures
Article 5.1	Definitions
Article 5.2	Certificate and Declaration of Origin
Article 5.3	Obligations Regarding Importations
Article 5.4	Obligations Regarding Exportations
Article 5.5	Exceptions
Article 5.6	Invoicing by a Non-Party Operator
Article 5.7	Confidentiality
Article 5.8	Origin Verifications
Article 5.9	Advanced Rulings on Determinations of Origin
Article 5.10	Review and Appeal
Article 5.11	Penalties
Article 5.12	Uniform Regulations
Article 5.13	Cooperation
Article 5.14	Review
Chapter 6	Safeguards Measures
Article 6.1	Safeguard Measures
Chapter 7	Anti-Dumping and Countervailing Duty Matters
Article 7	Anti-Dumping and Countervailing Duty Matters
Chapter 8	Sanitary and Phytosanitary Measures
Article 8.1	Definitions
Article 8.2	General Provisions
Article 8.3	Rights of the Parties
Article 8.4	Obligations of the Parties
Article 8.5	International Standards and Harmonization
Article 8.6	Equivalence
Article 8.7	Risk Assessment and Determination of Appropriate Sanitary and Phytosanitary Level of Protection
Article 8.8	Adaptation to Regional Conditions, including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence
Article 8.9	Control, Inspection and Approval Procedures
Article 8.10	Transparency
Article 8.11	Committee on Sanitary and Phytosanitary Measures
Chapter 9	Standard-Related Measures
Article 9.1	Definitions
Article 9.2	General Provision
Article 9.3	Scope and Coverage
Article 9.4	Basic Rights and Obligations
Article 9.5	Compatibility
Article 9.6	Conformity Assessment Procedures
Article 9.7	Authorization Procedures
Article 9.8	Transparency
Article 9.9	Limitations on the Provision of Information
Article 9.10	Committee on Standards-Related Measures
Article 9.11	Technical Cooperation
	Annex 9.10: Members of the Standards-Related Measures Committee

Part III	Investment, Services and Related Matters
Chapter 10	Investment
Section A	Definitions
Article 10.1	Definitions
Section B	Investment
Article 10.2	Scope and Coverage
Article 10.3	National Treatment
Article 10.4	Most-Favoured-Nation Treatment
Article 10.5	Minimum Standard of Treatment
Article 10.6	Losses and Compensation
Article 10.7	Performance Requirements
Article 10.8	Senior Management and Boards of Directors
Article 10.9	Reservations and Exceptions
Article 10.10	Future Liberalization
Article 10.11	Transfers
Article 10.12	Exceptions and Safeguard Measures
Article 10.13	Expropriation and Compensation
Article 10.14	Subrogation
Article 10.15	Special Formalities and Information Requirements
Article 10.16	Relation to Other Chapters
Article 10.17	Denial of Benefits
Article 10.18	Environmental Measures
Section C	Settlement of Disputes between a Party and an Investor of the Other Party
Article 10.19	Purpose
Article 10.20	Claim by an Investor of a Party on Its Own Behalf
Article 10.21	Claim by an Investor of a Party on Behalf of an Enterprise
Article 10.22	Settlement of a Claim through Consultation and Negotiation
Article 10.23	Notice of Intent to Submit a Claim to Arbitration
Article 10.24	Submission of a Claim to Arbitration
Article 10.25	Conditions Precedent to Submission of a Claim to Arbitration
Article 10.26	Consent to Arbitration
Article 10.27	Number of Arbitrators and Method of Appointment
Article 10.28	Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties are Unable to Agree on a Presiding Arbitrator
Article 10.29	Agreement to Appointment of Arbitrators
Article 10.30	Consolidation
Article 10.31	Notice
Article 10.32	Participation by a Party
Article 10.33	Documents
Article 10.34	Place of Arbitration
Article 10.35	Governing Law
Article 10.36	Interpretation of Annexes
Article 10.37	Expert Reports
Article 10.38	Interim Measures of Protection
Article 10.39	Final Award
Article 10.40	Finality and Enforcement of an Award
Article 10.41	General Provision
Article 10.42	Exclusions
Section D	Investment and Cross-Border Trade in Services Committee
Article 10.43	Investment and Cross-Border Trade in Services Committee
	Annex 10.9.6
	Annex 10.11
	Annex 10.20
	Annex 10.41.2: Service of Documents
	Annex 10.41.4: Publication of an Award
	Annex 10.43: Composition of the Investment and Cross-Border Trade in Services Committee
Chapter 11	Cross-Border Trade in Services
Article 11.1	Definitions
Article 11.2	Scope and Coverage
Article 11.3	National Treatment
Article 11.4	Local Presence
Article 11.5	Reservations
Article 11.6	Quantitative Restrictions
Article 11.7	Future Liberalization
Article 11.8	Liberalization of Non-Discriminatory Measures
Article 11.9	Procedures
Article 11.10	Licensing and Certification
Article 11.11	Denial of Benefits
	Annex 11.10: Professional Services
Chapter 12	Telecommunications
Article 12.1	Definitions
Article 12.2	Scope and Coverage
Article 12.3	Access to and Use of Public Telecommunications Transport Networks and Services
Article 12.4	Conditions for the Provision of Enhanced or Value-Added Services
Article 12.5	Standards-Related Measures
Article 12.6	Monopolies
Article 12.7	Transparency
Article 12.8	Relation to Other Chapters
Article 12.9	Relation to International Organizations and Agreements
Article 12.10	Technical Cooperation and Other Consultations
	Annex 12.1: Conformity Assessment Procedures
	Annex 12.5.8: Committee on Telecommunications Standards
Chapter 13	Temporary Entry for Business Persons
Article 13.1	Definitions
Article 13.2	General Principles
Article 13.3	General Obligations
Article 13.4	Grant of Temporary Entry
Article 13.5	Provision of Information
Article 13.6	Working Group
Article 13.7	Dispute Settlement
Article 13.8	Relation to Other Chapters
	Annex 13.4: Temporary Entry for Business Persons
	Annex 13.4.1
	Appendix 13.4.I.1: Business Visitors
	Appendix 13.4.I.3: Existing Immigration Measures
Chapter 14	Competition
Article 14.1	Definitions
Article 14.2	Objectives
Article 14.3	Notifications
Article 14.4	Coordination of Enforcement Activities
Article 14.5	Consultations when the Important Interests of a Party are Adversely Affected in the Territory of the Other Party
Article 14.6	Exchange of Information and Confidentiality
Article 14.7	Technical Assistance
Article 14.8	Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights, including Designated Monopolies
Article 14.9	Dispute Settlement

Part IV	Government Procurement
Chapter 15	Government Procurement
Article 15.1	Definitions
Article 15.2	Scope and Coverage
Article 15.3	National Treatment and Non-Discrimination
Article 15.4	Prohibition of Offsets
Article 15.5	Transparency
Article 15.6	Tendering Procedures
Article 15.7	Conditions for Suppliers’ Participation in Procurement
Article 15.8	Publication of Advance Notices
Article 15.9	Tender Documentation
Article 15.10	Time-Limits
Article 15.11	Technical Specifications
Article 15.12	Awarding of Contracts
Article 15.13	Bid Challenges
Article 15.14	Information Technology and Cooperation
Article 15.15	Modifications to Coverage
Article 15.16	Further Negotiations
Article 15.17	Government Procurement Working Group
	Annex 15.1: Coverage on Government Procurement
	Annex 15.2: Government Procurement Implementation

Part V	Intellectual Property Rights
Chapter 16	Intellectual Property Rights
Article 16.1	Obligations
Article 16.2	More Extensive Protection
Article 16.3	Protection of Trademarks
Article 16.4	Protection of Geographical Indications
Article 16.5	Enforcement
Article 16.6	Consultative Mechanism
	Annex 16.4.3: Geographical Indications of Korea
	Annex 16.4.4: Geographical Indications of Chile
	Annex 16.4.5: Geographical Indications of Wines Originating in Chile

Part VI	Administrative and Institutional Provisions
Chapter 17	Transparency
Article 17.1	Definitions
Article 17.2	Contact Points
Article 17.3	Publication
Article 17.4	Notification and Provision of Information
Article 17.5	Exchange of Information on State Aid
Article 17.6	Administrative Proceedings
Article 17.7	Review and Appeal
Chapter 18	Administration of the Agreement
Article 18.1	The Free Trade Commission
Article 18.2	The Secretariat
	Annex 18.1.1: Officials of the Free Trade Commission
	Annex 18.1.2(c): Committees and Working Groups
	Annex 18.1.3(c): Implementation of Decisions Adopted by the Commission
	Annex 18.2: The Secretariat
Chapter 19	Dispute Settlement
Section A	Dispute Settlement
Article 19.1	Cooperation
Article 19.2	Scope of Application
Article 19.3	Choice of Forum
Article 19.4	Consultations
Article 19.5	Good Offices, Conciliation and Mediation
Article 19.6	Request for an Arbitral Panel
Article 19.7	Roster
Article 19.8	Qualifications of Panelists
Article 19.9	Panel Selection
Article 19.10	Model Rules of Procedure
Article 19.11	Information and Technical Advice
Article 19.12	Initial Report
Article 19.13	Final Report
Article 19.14	Implementation of Final Report
Article 19.15	Non-Implementation - Suspension of Benefits
Section B	Domestic Proceedings and Private Commercial Dispute Settlement
Article 19.16	Interpretation of the Agreement before Judicial and Administrative Proceedings
Article 19.17	Private Rights
Article 19.18	Alternative Dispute Resolution
	Annex 19.2: Nullification or Impairment
	Annex 19.7: Code of Conduct for Members of Panels
	Annex 19.10: Model Rules of Procedure

Part VII	Other Provisions
Chapter 20	Exceptions
Article 20.1	General Exceptions
Article 20.2	National Security
Article 20.3	Taxation
Article 20.4	Balance of Payments

Chapter 21	Final Provisions
Article 21.1	Annexes, Appendices and Notes
Article 21.2	Amendments
Article 21.3	Entry into Force
Article 21.4	Termination of the Bilateral Investment Treaty
Article 21.5	Work Program on Financial Services
Article 21.6	Duration and Termination:
Article 21.7	Authentic Texts

Annexes
	Tariff Elimination Schedules
	Annex 3.4: Elimination of Customs Duties
	Section 1: Customs Duties on Imports Originating in Chile
	Section 2: Customs Duties on Imports Originating in Korea
	Appendix 1: Tariff Elimination Schedule of Chile
	Section A: Introductory Note
	Section B: Schedule of Chile
	Appendix 2: Tariff Elimination Schedule of Korea
	Section A: Introductory Note
	Section B: Tariff Quotas for Products under Category “TQ” referred to in Paragraph 2 under Section 1 of this Annex
	Section C: Schedule of Korea

	Rules of Origin
	Annex 4
	Specific Rules of Origin (The basis for tariff classification in this Specific Rules of Origin is the Harmonized System as amended on January 1, 2007)
	Specific Rules of Origin

	Investment and Services
	Annex I: Reservations for Existing Measures and Liberalization Commitments (Chapters 10 and 11)
	Annex II: Reservations for Future Measures (Chapters 10 and 11)
	Annex III: Quantitative Restrictions (Chapter 11)
	Annex IV: Miscellaneous Commitments (Chapter 11) Reserved For Future Use

Full Text of the Agreement
Source: Ministry of Foreign Affairs and Trade - Republic of Korea