1 PREAMBLE The Governments of Brunei Darussalam, the Republic of Chile, New Zealand and the Republic of Singapore, (hereinafter referred to collectively as the ...
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PREAMBLE
The Governments of Brunei Darussalam, the Republic of Chile, New Zealand and
the Republic of Singapore, (hereinafter referr
ed to collectively as the “Parties” or
individually as a “Party”, unless the context otherwise requires), resolve to:
STRENGTHEN
the special links of friendship and cooperation among them;
ENLARGE
the framework of relations among the Parties through liberalising
trade and investment and encouraging further and deeper cooperation to
create a strategic partnership within the Asia - Pacific region;
CONTRIBUTE
to the harmonious development and expansion of world trade
and provide a catalyst for broader cooperation at international forums;
CREATE
STRENGTHEN
their strategic economic partnership to bring economic and
social benefits, to create new opportunities for employment and to improve
the living standards of their peoples;
UPHOLD
CHAPTER 1
INITIAL PROVISIONS
Article 1.1: Objectives
1. This Agreement esta
blishes a Trans-Pacific Stra
tegic Economic Partnership
among the Parties, based on common interest and on the deepening of the
relationship in all areas of application.
2. This Agreement covers in particular the commercial, economic, financial,
scientific, technological and cooperation fi
elds. It may be extended to other areas
to be agreed upon by the Parties in order to expand and enhance the benefits of
this Agreement.
3. The Parties seek to support the
wider liberalisation process in APEC
consistent with its goals of free and open trade and investment.
4. The trade 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) encourage expansion and diversification of trade among each Party’s
territory;
(b) eliminate barriers to trade in, and facilitate the cross-border movement
of, goods and services among the territories of the Parties;
CHAPTER 2
GENERAL DEFINITIONS
Article 2.1: Definitions of General Application
For the purposes of this Agreement, unless otherwise specified:
Agreement
means the Trans-Pacific Strategic Economic Partnership Agreement;
APEC
means the Asia - Pacific Economic Cooperation;
means the Trans-Pacific Strategic Economic Partnership
Commission established under Article 17.1 (
Establishment of the Strategic
Economic Partnership Commission)
customs administration
(c) any anti-dumping or countervailing duty applied consistently with the
provisions of Article VI of GATT 1994, the WTO
Agreement on the
Implementation of Article VI of GATT 1994
, and the WTO
Agreement on
Subsidies and Countervailing Measures
Customs Valuation Agreement
means the
Agreement on Implementation of
Article VII of the General Agreement on Tariffs and Trade 1994
, which is part of the
WTO Agreement;
days
means calendar days;
enterprise
means any corporation, company, association, partnership, trust, joint
national
means a natural person who has the
nationality of a Party according to
Annex 2.A or a permanent resident of a Party;
Annex 2.A
Country-Specific Definitions
For the purposes of this Agreement, unless otherwise specified:
natural
person who has the nationality of a Party
means:
(a) with respect to Brunei Darussalam, a subject of His Majesty the Sultan
and Yang Di-Pertuan in accordance with the
Laws of Brunei
(b) with respect to Chile, a Chilean as defined in Article 10 of the
Constitución Política de la República de Chile
(c) with respect to New Zealand, a citizen as defined in the Citizenship Act
1977, as amended from time to time, or any successor legislation; and
(d) with respect to Singapore, any
person who is a citizen within the
meaning of its Constitution and domestic laws.
(a) with respect to Brunei Darussalam, the territory of Brunei Darussalam
and the maritime areas adjacent to
the coast of Brunei Darussalam to
the extent to which Brunei Darussalam may exercise sovereign rights or
jurisdiction in accordance with international law and its legislation;
(b) with respect to Chile, the land, maritime, and air space under its
sovereignty, and the exclusive economic zone and the continental shelf
within which it exercises sovereign
rights and jurisdiction in accordance
with international law and its domestic law;
(b) with respect to New Zealand, the territory of New Zealand and the
exclusive economic zone, seabed and s
ubsoil over which it exercises
sovereign rights with respect to natural resources in accordance with
international law, but does not include Tokelau; and
(c) with respect to Singapore, its land territory, internal waters and territorial
sea as well as and any maritime area situated beyond the territorial sea
which has been or might in future be designated under its domestic law,
in accordance with international law, as an area within which Singapore
may exercise sovereign rights or jurisdiction with regard to the sea,
seabed, the subsoil and the natural resources.
CHAPTER 3
TRADE IN GOODS
Article 3.1: Definitions
For the purposes of this Chapter:
advertising films and recordings
means recorded audio/visual (film, tape, or
disc), or audio (tape or disc) media designed to advertise or promote goods or
services by any company, firm or person, having an established business or
resident in the territory of a Party, excluding such media for general public
exhibition;
agricultural goods
means those goods referred to in Article 2 of the
Agreement
on Agriculture
, which is part of the WTO Agreement;
commercial samples of negligible value
means commerical samples having a
value, individually or in the aggregate as shipped, of not more than one US dollar,
or the equivalent amount in the currency of a Party, or so marked, torn, perforated
or otherwise treated that they are unsuitable for sale or for use except as comercial
samples;
consular transactions
means requirements that goods of a Party intended for
export to the territory of the other Party must first be submitted to the supervision of
the consul of the importing Party in the territory of the exporting Party for the
purpose of obtaining consular invoices or
consular visas for commercial invoices,
certificates of origin, manifests, shippers’ export declarations or any other customs
documentation required on or in connection with importation;
duty-free
means free of customs duty;
export subsidies
shall have the meaning assigned to that term in Article 1(e) of
Agreement on Agriculture
, which is part of the WTO Agreement, including any
amendment of that article;
goods admitted for sports purposes
means articles and equipment for use in
sports contests, demonstrations
or training in the territory of the Party into whose
territory such goods are imported;
goods intended for display or demonstration
includes instruments, apparatus
and models designed for demonstrational pu
rposes, unsuitable for other purposes,
and classified in Harmonized System Tariff heading 90.23;
printed advertising materials
means those goods classified in Chapter 49 of the
2. The Parties may not apply a customs duty to a good, regardless of its origin,
admitted temporarily from the territory of another Party for repair or alteration.
3. For the purposes of this Article, repair and alteration does not include an
operation or process that:
(a) destroys a good's essential characteristics or creates a new or
commercially different good; or
(b) transforms an unfinished good into a finished good.
Article 3.6:
Duty-Free Entry of Commercial Samples of Negligible
Value and
Printed Advertising Material
With the exception of liquor and tobacco products, the Parties shall grant
customs
duty-free entry to commercial samples of negligible value and to printed
advertising materials imported from the territory of another 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 another Party or a non-Party;
2. Each Party shall, at the request of the person concerned and for reasons
deemed valid by its customs authority, extend the time limit for temporary
admission beyond the period initially fixed,
provided that the period of extension,
having regard to the particular goods and circumstances of each case, is
reasonable and the period of extension is no gr
eater than the period initially fixed.
3. No Party may condition the duty-free temporary admission of goods referred
to in Paragraph 1, other than to require that such goods:
(a) be used solely by or under the personal supervision of a national or
resident of another Party in the exercise of the business activity, trade,
profession, or sport of that person;
(b) not be sold or leased or disposed of or transferred while in its territory;
(c) be accompanied by a security in an amount no greater than the charges
that would otherwise be owed on entry or final importation, releasable
on exportation of the good;
(d) be capable of identification when imported and exported;
(e) be exported on the departure of the person referenced in Subparagraph
(a), or within such other period, related to the purpose of the temporary
admission, as the Party may establish;
(f) be admitted in no greater quantity than is reasonable for their intended
use; and
(g) be otherwise admissible into the Party’s territory under its laws.
4. If any condition that a Party imposes under Paragraph 3 has not been
fulfilled, the Party may apply the customs duty and any other charge that would
normally be owed on the good plus any ot
her charges or penalties provided for
under its domestic law.
5. Each Party, through its customs authority, shall adopt procedures providing
for the expeditious release of goods admitt
ed under this Article. To the extent
possible, such procedures shall provide that when such a good accompanies a
national or resident of another Party who
is seeking temporary entry, the good shall
be released simultaneously with the entry of that national or resident.
6. Each Party shall permit a good temporarily admitted under this Article to be
exported through a customs authorised point of departure other than that through
which it was admitted.
7. Subject to Chapter 12 (
Trade in Services
):
(a) each Party shall allow a vehicle or
container used in international traffic
that enters its territory from the territory of another Party to exit its
territory on any route that is r
easonably related to the economic and
prompt departure of such vehicle or container;
(b) no Party may require any bond or impose any penalty or charge solely
Article 3.10: Export Duties
No Party may adopt or maintain any duty, tax, or other charge on the export
of any good to the territory of the other Parties, unless such duty, tax, or charge is
adopted or maintained on any such good when destined for domestic
consumption.
Article 3.11: Agricultural Export Subsidies
1. The Parties share the objective of the multilateral elimination of all forms of
export subsidies for agricultural goods and
shall cooperate in an effort to achieve
such an agreement and prevent their reintroduction in any form.
2. Notwithstanding any other provisions of this Agreement, the Parties agree to
eliminate, as of the date of entry into force of this Agreement, all forms of export
subsidy for agricultural goods destined for the other Parties, and to prevent the
reintroduction of such subsidies in any form.
Article 3.12: Price Band System
1. Chile may maintain its Price Band System as established in Article 12 of
Law 18.525 and its subsequent legal modifications or succeeding system, for the
products covered by that law.
2 With respect to the products referred to in Paragraph 1, Chile shall give to
the other Parties a treatment not less favourable than the preferential tariff
treatment given to any third country, including countries with which Chile has
concluded or will conclude in the future an agreement notified under Article XXIV of
GATT 1994.
Article 3.13: Special Agricultural Safeguard Measures
1. Chile may apply a special safeguard measure to a limited number of
specified sensitive agricultural goods listed in Annex 3.B.
2. Chile shall endeavour to apply special safeguard measures in a manner that
is consistent with its commitments under this Agreement to liberalise and promote
the expansion of trade in these goods among the Parties.
For greater certainty, this Article shall not apply to fees, charges, formalities and requirements on
the exportation of goods imposed consistent with the provisions of Article VIII of GATT 1994.
The only products covered by the Price Band System are HS 1001.9000, 1101.0000, 1701.1100,
1701.1200, 1701.9100, 1701.9910, 1701.9920 and 1701.9990.
3 Chile may impose a special safeguard measure on a good only during the
period, following the grace
period specified in Chile’s Schedule as set out in Annex
I, in which tariffs are being eliminated.
Chile may not impose a special safeguard
measure on a good after that good achieves duty-free status under this
Agreement.
4. Notwithstanding Article 3.4, Chile may impose a special safeguard measure
11. The Committee on Trade in Goods may review the implementation and
operation of this Article.
12. For purposes of this Article,
special safeguard measure
means a special
safeguard measure described in Paragraph 4 and
means the rate of
customs duty for an imported good as indicated in the Schedule of the importing
Party as set out in Annex I.
Article 3.14: Committee on Trade in Goods
Annex 3.A
Import and Export Measures
Measures of Chile
Article 3.8 shall not apply to measures of Chile relating to imports of used
vehicles.
Annex 3.B
Special Safeguard Measures
For purposes of Article 3.13, goods originating in Brunei Darussalam,
New Zealand or Singapore that may be subject to a special safeguard measure
0402.1000 -In powder, granules or other solid forms, of a fat
content, by weight, not exceeding 1.5 %
- In powder, granules or other solid forms, of a fat
content, by weight, exceeding 1.5%:
0402.21 --Not containing added sugar or other sweetening
matter :
---Milk
0402.2111 ----Of a fat content exceeding 1.5% but not
exceeding 6%
0402.2112 ----Of a fat content exceeding 6% but not
exceeding 12%
0402.2113 ----Of a fat content of 12%
0402.2114 ----Of a fat content exceeding 12% but not
exceeding 18%
0402.2115 ----Of a fat content of 18%
0402.2116 ----Of a fat content exceeding 18% but not
exceeding 24%
0402.2117 ----Of a fat conten
t of 24% but not exceeding
26% Basket 1
0402.2118 ----Of a fat content of 26% and more
0402.2120 ---Cream
0402.29 --Other
---Milk
0402.2911 ----Of a fat content exceeding 1.5% but not
exceeding 6%
0402.2912 ----Of a fat content exceeding 6% but not
exceeding 12%
0402.2913 ----Of a fat content of 12%
0402.2914 ----Of a fat conten
t of 12% but not exceeding
18%
0402.2915 ----Of a fat content of 18%
Code Description
Quantity Trigger Level
0402.2916 ----Of a fat content exceeding 18% but not
exceeding 24%
0402.2917 ----Of a fat content
of 24% but not exceeding
26%
0402.2918 ----Of a fat content of 26% and more
0402.2920 ---Cream
- Other
0402.91 --Not containing added sugar or other sweetening
matter
0402.9120 ---Cream
0402.99 --Other
0402.9910 ---Condensed milk
0402.9990 ---Other
04.03 Buttermilk, curdled milk and cream, yogurt, kephir
and other fermented or acidified milk and cream,
0403.9000 -Other
04.05 Butter and other fats and oils derived from milk;
dairy spreads
0405.1000 -Butter
0405.2000 -Dairy spreads
0405.9000 -Other
04.06 Cheese and curd
0406.10 -Fresh (unripened or uncured) cheese, including
whey cheese, and curd
0406.1030 --Mozzarella cheese
0406.1090 --Other
0406.90 -Other cheese :
0406.9010 --Gouda and Gouda-type cheese
0406.9020 --Cheddar and Cheddar-type cheese
0406.9030 --Edam and Edam-type cheese
0406.9090 --Other
Basket 1 : 112.2 tons
Basket 2 : 5.4 tons
Basket 3 : 27.6 tons
Basket 4 : 2.4 tons
Basket 5 : 0.6 tons
Basket 6 : 156 tons
Basket 7 : 240 tons
Basket 8 : 3.6 tons
Basket 9 : 87 tons
Notes:
CHAPTER 4
RULES OF ORIGIN
Article 4.1: Definitions
For the purposes of this Chapter:
means the farming of aquatic organisms including fish, molluscs,
crustaceans, other aquatic invertebrates
and aquatic plants, from seedstock such
as eggs, fry, fingerlings and larvae, by
intervention in the rearing or growth
processes to enhance production, such as regular stocking, feeding, or protection
from predators;
CIF
means the value of the good imported and includes the cost of insurance and
freight up to the port or place of entry in the country of importation. The valuation
shall be made in accordance with the Customs Valuation Agreement;
means the value of the good free on board, independent of the means of
transportation, at the port or site of final shipment abroad. The valuation shall be
made in accordance with the Customs Valuation Agreement;
goods wholly obtained or produced entirely in a Party
(a) mineral goods extracted from the soil or seabed in the territory of
Party;
(b) agricultural and plant products grown
and harvested, picked or gathered
in the territory of a Party;
(c) live animals, born and raised in the territory of a Party;
(d) goods obtained from live animals in the territory of a Party;
(e) goods obtained from hunting, trapping, fishing, farming, gathering,
capturing or aquaculture in the territory of a Party;
(f) goods (fish, shellfish, plant and other marine life) taken within the
territorial sea or the relevant maritime zone of a Party seaward of the
territorial sea under that Party's applicable law in accordance with the
provisions of the
United Nations Convention on the Law of the Sea
1982
by a vessel flying, or entitled to fly, the flag of that Party, or taken from
the high seas by a vessel registered or recorded with that Party and
flying its flag;
(g) goods obtained or produced on board a factory ship registered or
recorded with that Party and flying its flag, exclusively from
referred to in Subparagraph (f);
(h) waste and scrap derived from production in the territory of a Party or
used articles or goods collected in the territory of a Party, provided that
such goods are fit only for the recovery of raw materials;
(i) goods taken by a Party, or a person of a Party, from the seabed or
subsoil beneath the territorial sea or the continental shelf of that Party, in
accordance with the provision of the
United Nations Convention on the
Law of the Sea
1982;
(j) recovered goods derived in the territory of a Party from used goods and
utilised in the territory of the Party in the production of remanufactured
goods; and
(k) goods produced entirely in the territo
ry of a Party exclusively from goods
referred to in Subparagraphs (a) to (j) or from their derivatives, at any
stage of production;
indirect material
means a good used in the production, testing or inspection of
another good but not physically incorporated into the good, or a good used in the
maintenance of buildings or the operation of equipment associated with the
production of a good, including:
(a) fuel, energy, catalysts and solvents;
(b) equipment, devices, and supplies used for testing or inspecting the
goods;
(c) gloves, glasses, footwear, clothing, safety equipment and supplies;
(d) tools, dies and moulds;
(e) spare parts and materials used in the maintenance of equipment and
buildings;
(f) lubricants, greases, compounding materials and other materials used in
production or used to operate equipment and buildings; and
(g) any other goods that are not incorporated into the good but whose use
in the production of the good can reasonably be demonstrated to be a
part of that production.
material
means a good
or any matter or substance that is used or consumed in the
production of goods
or transformation of another good;
minimal operations or processes
means operations or processes which
contribute minimally to the essential characteristics of the goods and which by
themselves, or in combination, do not confer origin;
packing materials and containers for shipment
means goods used to protect a
good during its transportation, other than containers and packaging materials used
for retail sale;
production
growing, raising, mining, harvesting, fishing, farming, trapping, hunting, capturing,
aquaculture, gathering, collecting, breeding, extracting, manufacturing, processing,
assembling or disassembling a good;
recovered goods
means materials in the form of individual parts that result from:
Article 4.2: Originating Goods
Unless otherwise indicated in this
Chapter, a good shall
be considered as
originating in a Party when:
(a) the good is wholly obtained or produced entirely in the territory of one
Party, pursuant to the definition in Article 4.1;
(b) the good is produced entirely in the territory of one or more Parties,
exclusively from materials whose orig
in conforms to the provisions of
this Chapter; or
(c) the good is produced in the territory of one or more Parties, using non-
originating materials that conform to
a change in tariff classification, a
regional value content, or other requirements specified in Annex II, and
2. The value of the non-originating materials used by the producer in the
production of a good shall not include, fo
r purposes of calculating the regional
value content, pursuant to Paragraph 1, the value of non-originating materials used
to produce the originating materials subsequently used in the production of the
3. When the producer of a good does not
export it directly, the value shall be
adjusted up to the point at which the purchaser receives the good within the
territory of a Party where the producer is located.
4. When the producer of the good acquires a non-originating material in the
territory of the Party where it is located, the value of such material shall not include
freight, insurance, packing costs and any other costs incurred in transporting the
material from the supplier's warehouse to the producer's location.
Article 4.4: Operations that do not Confer Origin
The minimal operations or processes that do not confer origin, include the
(a) operations to ensure the preserva
tion of products in good condition
during transport and storage (such as
drying, freezing, ventilation,
chilling and like operations);
(b) simple operations consisting of sifting, classifying, washing, cutting,
slitting, bending, coiling, or uncoiling;
(c) changes of packing and breaking up and assembly of consignments;
(d) packing, unpacking or repacking operations;
(e) affixing of marks, labels or other like distinguishing signs on products
or their packaging; and
(f) mere dilution with water or another substance that does not
materially alter the characteristics of the goods.
Article 4.5: Accumulation
Originating goods or materials of any of the Parties used in the production of
goods in the territory of another Party shall be considered to originate in the
territory of the latter Party.
Article 4.6: De Minimis
A good that does not conform to a change in tariff classification, pursuant to
the provisions of Annex II, shall be consi
dered to be originating if the value of all
Article 4.9: Packing Materials and Containers for Shipment
Packing materials and containers in wh
ich a good is packed exclusively for
transport shall not be taken into account
Article 4.12: Outward Processing
Notwithstanding the relevant provis
ions of Article 4.2 and the product-
produced in the Party or have undergone therein, processes of
production or operation going bey
ond the minimal processes or
operations in Article 4.4, prior to being exported outside the territory of
the Party;
the producer of the exported material is the same producer of the final
good for which originating status is claimed;
the re-imported good has been obtained through processes of
production or operation of the exported material; and
the last process of manufacture of the good was performed in the
territory of the Party, and this process is the last activity undertaken in
respect to a good that finally transforms it into a good different from its
component parts or materials and a new good is therefore
manufactured.
For the purposes of Paragraph 1(a), the total value of non-originating
materials shall be the value of any non-originating materials added in a Party as
well as the value of any materials added and all other costs accumulated outside
the territory of the Party, including transportation costs.
3. For greater certainty, the verification procedures referred to in Article 4.16
shall apply in order to ensure the proper application of this Article. Such
procedures include the provision of in
formation and supporting documentation,
including that relating to the export of originating materials and the subsequent re-
import of the goods subsequently exported as
originating goods, by the exporting
customs administration or exporter upon receipt of a written request from the
customs administration of the importing Party through the customs administration
of the exporting Party.
4. Upon the request of a Party, the list of products in Annex 4.B may be
modified by the Commission.
Article 4.13: Treatment of Goods for which Preference is Claimed
1. A Party can accept either; a declaration as to origin on the export invoice
(declaration), or a certificate of origin, in respect of a good imported from any other
Party for which an importer claims preferential tariff treatment.
2. An exporter or producer may elect to use either a declaration as to origin on
the export invoice or a certificate of orig
in, either of which may then be used by the
importer as evidence of origin in respect to goods for which preferential tariff
treatment is claimed.
8. If the exporter is not the producer of the good referred to on the declaration
(b) such other evidence as the customs administration may require to
satisfactorily evidence the tariff preference claimed.
14. An importing Party may not require a declaration or certificate of origin to
admit goods pursuant to tariff preference where:
(a) the customs value does not exceed US$1000 or the equivalent amount
in the Party's currency or a higher amount as it may establish; or
(b) in respect of specific goods, a Party has waived the requirement for
such evidence.
15. In accordance with Paragraph 14, where an importation forms part of a
series of importations that may reasonably be considered to have been undertaken
or arranged for the purposes of avoiding the origin requirements of this Article, the
customs administration of the importing Party may deny preferential tariff
treatment.
Article 4.14: Obligations Regarding Exports
1. Where the exporter or producer becomes aware that it has provided an
erroneous or false declaration or certificate
of origin or any other such erroneous or
false evidence, the exporter or producer sh
all give notice as soon as possible to
the customs administrations of the importing and exporting Party, as well as the
importer, of any change that would affect the accuracy or validity of a declaration or
certificate of origin.
2. The exporter or producer that has pr
ovided a declaration or a certificate of
origin, shall provide a copy of these documents to its exporting Party's customs
administration upon request.
3. With respect to exports, each Party shall provide penalties for false
declarations, certification, or documenta
tion related to origin submitted to a
customs administration by an exporter or producer in its territory.
Article 4.15: Records
Each Party shall require that producers, exporters and importers in their
respective territories maintain for a period of not less than 3 years after the date of
exportation or importation, as the case may be, all records relating to that
exportation or importation which are necessary to demonstrate that a good for
which a claim for tariff preference was made qualifies for preferential tariff
treatment.
Article 4.16: Verification of Origin
Article 4.17: Decision on Origin
1. If as a result of questions put or visits made to the exporter or producer the
requesting Party is satisfied the goods about
which those questions were put or
visits made are originating goods pursuant to
the provisions of this Chapter, it shall
permit preferential access for those goods.
2. Preferential tariff treatment may be denied if:
(b) the Party which visits an exporter or producer, as the case may be, in
the territory of the other Party.
Annex 4.A
Goods classified in the following Harmonized System subheadings may be
considered remanufactured goods, except for those designed principally for use in
automotive goods of Harmonized Syst
em headings or s
ubheadings 8702, 8703,
8704.21, 8704.31, 8704.32, 8706 and 8707:
8408.10
8408.20
8408.90
8409.10
8409.91
8409.99
8412.21
8412.29
8412.39
8412.90
8413.30
8413.50
8413.60
8413.91
8414.30
8414.80
8414.90
8483.10
8483.30
8483.40
8483.50
8483.60
8483.90
8503.00
8511.40
8511.50
8526.10
8537.10
8542.21
Annex 4.B
Goods classified in the following Harmonized System subheadings are goods to
which Article 4.12 (
Outward Processing
) applies:
8484.20
8501.31
8501.32
8501.34
8501.53
8502.11
8502.12
8502.20
8502.31
8502.40
8504.21
8504.31
8504.32
8504.34
8504.40
8505.11
8505.19
8507.40
8509.20
8511.20
8511.80
8514.30
8514.40
8515.11
8515.19
8515.31
8515.80
8516.21
8516.33
8520.32
8520.39
8520.90
8522.90
8523.30
8525.30
8526.10
8526.92
8531.90
8535.40
8536.41
8539.29
8539.32
8539.41
8539.49
8540.72
8540.79
8542.21
8542.29
8543.30
8543.90
8545.20
8546.10
8714.93
8714.96
8905.20
9001.10
9006.10
9008.30
9017.20
9018.11
9027.90
9031.80
9032.90
9403.80
9405.50
Annex 4.C
DECLARATION AS TO ORIGIN
I [state name and position] being the
[producer and exporter][producer][exporter] (insert only that which applies) hereby
declare that the goods enumerated on this
invoice are originating from [Brunei
Darussalam] [Chile] [New Zealand] [Singapore] (insert only that which applies) in
that they comply with the provisions of Article 4.13 of the Trans-Pacific Strategic
Economic Partnership Agreement entered into among Brunei Darussalam, Chile,
New Zealand and Singapore.
Observations:
Signature
Date:
Annex 4.D
TRANS-PACIFIC STRATEGIC ECONOMIC PARTNERSHIP AGREEMENT
CERTIFICATE OF ORIGIN
Issuing Number
Exporter
(Name and Address)
Tax ID No:
Producer
(Name and Address)
Tax ID No:
3:
Importer
(Name and Address)
4.
Description of Good(s
5.
HS No
. 6.
Preference
7.
8.
Regional
Value
Content
9.
Country of
Origin
Certification of Origin
I certify that:
The information on this document is true
and accurate and I assume
the responsibility for provid
ing such representations. I
understand that I am liable for any false statements or material omissions made on or in connection with this document.
I agree to maintain and present upon request, documentation necess
ary to support this certificate, and to inform, in writing,
all persons to whom the certificate was given of any changes that
could affect the accuracy or
validity of this certificate.
The goods originated in the territory of the Parties, and comply with the origin requirements specified for those goods in
TRANS-PACIFIC STRATEGIC ECONOMIC PARTNERSHIP AGREEM
ENT, and there has been no further production or
any other operation outside the territories of the Parties
in accordance with Article
4.11 of the Agreement.
Authorised Signature
Company Name
Name (Print or Type)
Title
Date (DD/MM/YY)
Telephone / Fax /E-mail
TRANS-PACIFIC STRATEGIC ECONOMIC PARTNERSHIP AGREEMENT
CERTIFICATE OF ORIGIN INSTRUCTIONS
Pursuant to Article 4.13, for th
e purposes of obtaining preferential tariff trea
1 and
4.2 of the Agreement. NOTE: The purchase of a good in the territory does not necessarily render it "wholly obtained or
produced".
The good is produced entirely in the territory of one or more of the Parties exclusively from originating materials. All
materials used in the production of the good must qualify as "originating" by meeting the rules of Chapter 4 of the Agreement.
The good is produced entirely in the territory of one or more of
the Parties and satisfies the specific rule of origin set out
in
Annex II of the Agreement (Specific Rules of Origin) that applies
to its tariff classification as
referred to in Article 4.2, o
provisions under Article 4.12 of the Agreement. The rule may include a tariff classification change, regional value-content
requirement and a combination thereof, or specific process requirement. The good must also satisfy all other applicable
requirements of Chapter 4 (Rules of Origin) of the Agreement.
Field 7: For each good described in Field 4, state "YES" if you are the producer of the good. If you are not the producer of t
he good,
CHAPTER 5
CUSTOMS PROCEDURES
Article 5.1: Definitions
For the purposes of this Chapter:
customs law
means any legislation administered, applied or enforced by the
customs administration of a Party;
means any breach or attempted breach of customs law;
means the treatment applied by the customs administration
of each Party to goods, which are
subject to customs control.
Article 5.2: Objectives
The objectives of this Chapter of the Agreement are to:
(a) ensure predictability, consisten
cy and transparency in the application of
customs laws and other customs administrative policies of the Parties;
(b) ensure efficient, economical administration of customs procedures, and
the expeditious clearance of goods;
(c) facilitate trade among the Parties;
(d) apply simplified customs procedures; and
(e) promote cooperation among the customs administrations.
Article 5.3: Scope
This Chapter shall apply, in accordance with each Party's respective
international obligations and customs law, to customs procedures applied to goods
traded among the Parties.
Article 5.4: Customs Procedures and Facilitation
Customs procedures of the Parties shall, where possible and to the extent
permitted by their respective customs law, conform with the standards and
recommended practices of the
World Customs Organisation
, including the
principles of the
International Convention on the Si
mplification and Harmonisation
of Customs Procedures
Each Party shall ensure that its customs procedures and practices are
predictable, consistent, transparent and facilitate trade.
3. The customs administrations of the Parties shall periodically review their
customs procedures with a view to their
further simplification and the development
of further mutually beneficial arrangements to facilitate trade.
Article 5.5: Customs Cooperation
1. To the extent permitted by their domestic law, the customs administrations
of the Parties may, as they deem fit, assist each other, in relation to originating
goods, by providing information on the following:
(a) the implementation and operation of this Chapter
(b) the movement of goods among the Parties;
(c) investigation and prevention of
customs offences;
(d) developing and implementing customs best practice and risk
management techniques;
(e) simplifying and expediting customs procedures;
(f) advancing technical skills and the use of technology;
(g) application of the Customs Valuation Agreement; and
(h) additional assistance in respect to other matters.
2. Where a Party providing information to another Party in accordance with this
Chapter designates the information as conf
idential, the other Party shall maintain
the confidentiality of the information.
Article 5.6: Customs Valuation
Article 5.10: Paperless Trading
1. The customs administrations shall ea
ch endeavour to provide an electronic
environment that supports business transactions between it and its trading
communities.
2. In implementing initiatives that provide for paperless trading, the customs
administrations of the Parties shall take into account the methods developed in
APEC and the
World Customs Organisation
Article 5.11: Express Consignments
Each Party shall ensure efficient clearance of all shipments, while maintaining
appropriate control and customs selection. In the event that a Party's existing
system does not ensure efficient clearance,
it should adopt procedures to expedite
express consignments to:
(a) provide for pre-arrival processing of information related to express
consignments;
(b) permit the submission of a single document covering all
goods
contained in a shipment transported by the express shipment company
through electronic means if possible; and
(c) minimise, to the extent possible, the documentation required for the
release of express consignments.
Article 5.12: Penalties
Each Party shall adopt or maintain measures that provide for the imposition
Article 5.14: Release of Goods
Each Party shall adopt or maintain procedures allowing, to the greatest
extent possible, goods to be released:
(a) within 48 hours of arrival; and
(b) at the point of arrival, without te
mporary transfer to warehouses or other
Article 5.15: Enquiry Points
Each Party shall designate one or more enquiry points to address enquires
from interested persons concerning custom
s matters, and shall make available on
CHAPTER 6
TRADE REMEDIES
Article 6.1: Global Safeguards
1. Nothing in this Agreement affects the rights and obligations of the Parties
under Article XIX of GATT 1994 and the Safeguards Agreement or any
amendments or provisions that supplement or replace them.
2. This Agreement does not confer any additional rights or obligations on the
Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the
Safeguards Agreement.
3. As a courtesy, a Party shall advise
the other Parties of a safeguard action
on initiation of an investigation and the reasons for it.
Article 6.2: Antidumping and Countervailing Duties
1. Nothing in this Agreement affects the rights and obligations of the Parties
under Article VI of GATT 1994, the
Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade 1994
which is part of the WTO
Agreement
(Antidumping Agreement) and the
Agreement on Subsidies and
Countervailing Measures
which is part of the WTO Agreement (SCM Agreement)
with regard to the application of antidumping and countervailing duties or any
amendments or provisions that supplement or replace them.
2. This Agreement does not confer any
additional rights or obligations on the
Parties with regard to actions taken pursuant to Article VI of GATT 1994, the
Antidumping Agreement and the SCM Agreement.
CHAPTER 7
SANITARY AND PHYTOSANITARY MEASURES
Article 7.1: Definitions
1. For the purposes of this Chapter:
SPS Agreement
means the
Agreement on the Application of Sanitary and
Phytosanitary Measures
, which is part of the WTO Agreement.
2. The definitions in Annex A of the SPS Agreement are incorporated into this
Chapter and shall form
part of this Chapter,
mutatis mutandis
3. The relevant definitions develop
ed by the international organisations
International Office of Epizootics
(OIE),
International Plant Protection Convention
(IPPC), and
Codex Alimentarius
Commission apply in the implementation of this
Chapter.
Article 7.2: Objectives
The objectives of this Chapter are to:
(a) uphold and enhance implementation of the SPS Agreement and
applicable international standards, guidelines and recommendations
developed by relevant international organizations (OIE, IPPC and
Alimentarius
Commission);
(b) expand trade opportunities through facilitation of trade among the
Parties through seeking to resolve tr
ade access issues, while protecting
human, animal or plant life or health in the territory of the Parties;
(c) provide a means to improve communication, cooperation and resolution
of sanitary and phytosanitary issues; and
(d) establish a mechanism for the recognition of equivalence of sanitary and
phytosanitary measures and regionalis
ation practices maintained by the
Parties consistent with the protection of human, plant and animal life or
health.
Article 7.3: Scope
1. This Chapter shall apply to
all sanitary or phytosanitary measures of a Party
that may, directly or indirectly, affect trade among the Parties.
2. Nothing in this Chapter or Implementing Arrangements shall limit the rights
or obligations of the Parties pursuant to the SPS Agreement.
Article 7.4: Committee on Sanitary and Phytosanitary Matters
1. The Parties hereby establish a Committee on Sanitary and Phytosanitary
(c) Criteria for Regionalisation Decisions (Implementing Arrangement 3);
(d) Recognition of Measures (Implementing Arrangement 4);
(e) Guidelines for Conducting an Audit (Implementing Arrangement 5);
(f) Certification (Implementing Arrangement 6);
(g) Import Checks (Implementing Arrangement 7); and
3. The Parties may agree to list additional diseases or pests in Implementing
Arrangement 2, in accordance with the criteria specified in Implementing
Arrangement 3.
4. Where one of the Parties considers that it has a special status with respect
to a specific disease or pest, it may request recognition of this status. The Party
concerned may also request specific guarantees in respect of imports of animals
and animal products, plants and plant
products, and other related goods
appropriate to the agreed status. The guarantees for specific diseases and pests
shall be specified in Implementing Arrangement 4.
Article 7.7: Equivalence
1. Equivalence may be recognised by the Parties in relation to an individual
measure and/or groups of measures and/or systems applicable to a sector or part
of a sector as specified in Implementing Arrangement 4. The equivalence
4. Where equivalence has not been rec
ognised or where an application is
pending, trade shall take place under the conditions required by the importing Party
(a) reviews of the inspection and audit programmes; and
(b) on-site checks.
These procedures shall be carried out in accordance with the provisions of
Implementing Arrangement 5.
2. Each Party shall also have the right to carry out import checks for the
purposes of implementing sanitary and phytosanitary measures on consignments
on importation, consistent with Article 7.9, the results of which form part of the
verification process.
3. With the consent of the importing and exporting Parties, a Party may:
(a) share the results and conclusions of its audit and verification procedures
and checks with non-Parties; or
(b) use the results and conclusions of
the audit and verification procedures
and checks of non-Parties.
Article 7.9: Import Checks
1. The import checks applied to imported animals and animal products, plants
and plant products, or other related goods shall be based on the risk associated
with such importations. They shall be carried out without undue delay and with a
minimum effect on trade between the Parties.
2. The frequencies of import checks on such importations shall be made
Article 7.10: Notifications
1. The Parties shall notify each other in writing
otherwise agreed by the Parties. The Parties shall take due account of any
information provided through such consultations.
Article 7.12: Exchange of Information
4. Such consultations are without prejudice to the rights and obligations of the
Parties under Chapter 15 (
CHAPTER 8
TECHNICAL BARRIERS TO TRADE
Article 8.1: Definitions
1. For the purposes of this Chapter:
equivalence
of technical regulations
means that one or more of the Parties
accepts that the technical regulations of another Party fulfil the legitimate
objectives of its own regulations;
regulatory authority
means the authority that is responsible for preparing or
adopting technical regulations and conf
ormity assessment procedures applicable
to goods;
technical regulations
also includes standards that regulatory authorities
means the
Agreement on Technical Barriers to Trade,
which is
part of the WTO Agreement.
2. The definitions in Annex I of the TBT Agreement are incorporated into this
Chapter and shall form
part of this Chapter,
mutatis mutandis
Article 8.2: Objectives
The objectives of this Chapter ar
e to increase and facilitate trade through
furthering the implementation of the TBT Agreement and building on the work of
APEC on standards and conformanc
e. Wherever possible, the Parties shall aim to
reduce compliance costs by:
(a) eliminating unnecessary technical barriers to trade in goods among the
Parties;
(b) enhancing cooperation among the Parties’ regulatory agencies
responsible for standards, techni
cal regulations and conformity
assessment procedures applicable to goods; and
(c) providing a framework to address the impact of technical barriers to
trade.
Article 8.3: Scope
1. This Chapter applies to all standards
, technical regulations and conformity
assessment procedures that may, directly or indirectly, affect the trade in goods
among the Parties, except as provided in Paragraphs 2 and 3.
2. This Chapter does not apply to te
chnical specifications prepared by
governmental entities for production or consumption requirements of such entities
which are covered by Chapter 11 (
Government Procurement
3. This Chapter does not apply to sanita
ry and phytosanitary measures which
are covered by Chapter 7 (
Sanitary and Phytosanitary Measures
4. Nothing in this Chapter shall prevent a Party from adopting or maintaining
technical regulations or standards, in ac
cordance with its rights and obligations
under the TBT Agreement necessary to fulfil a legitimate objective taking into
account the risks non fulfilment would create. This shall include technical
regulations necessary to ensure its national security requirements, the prevention
of deceptive practices, the protection of human health or safety, animal or plant life
or health, or the environment.
Article 8.4: Affirmation of the Agre
ement on Technical Barriers to Trade
The Parties affirm their existing rights and obligations with respect to each
other under the TBT Agreement.
Article 8.5: Origin
1. This Chapter applies to all goods traded among the Parties, regardless of
the origin of those goods.
2. Notwithstanding Paragraph 1, a Part
y may give special consideration to
goods of a non-Party through the application of a technical regulation, due to the
need to avoid the introduction of costly surv
eillance procedures and as long as the
technical regulation is compatible with the TBT Agreement. This shall be notified
to the other Parties through the contact points established in Article 8.11(2).
Article 8.6: Trade Facilitation
1. The Parties shall intensify their joint work in the field of standards, technical
regulations, and conformity assessment procedures with a view to facilitating
initiatives may include cooperation on regulatory issues, such as harmonisation or
equivalence of technical regulations and st
andards, alignment with international
standards, reliance on a supplier's declaration of conformity, and use of
accreditation to qualify conformity assessment bodies, as well as cooperation
through mutual recognition.
2. Initiatives identified by the Parties shall be focused on the promotion of the
use of international standards, transparenc
y, exchange of information and reducing
compliance costs.
Article 8.7: International Standards
1. The Parties shall use international standards, or the relevant parts of
international standards, as a basis for
their technical regulations and related
conformity assessment procedures where re
levant international standards exist or
Decision of the Committee on Principles for the Development of International
Standards, Guides and Recommendations with
relation to Articles 2, 5 and Annex
3 of the Agreement
".
3. The Parties shall cooperate with each other, where appropriate, in the
context of their participation in international standardising bodies to ensure that
international standards developed within such bodies that are likely to become a
basis for technical regulations are trade
facilitating and do not create unnecessary
obstacles to international trade.
Article 8.8: Equivalency of Technical Regulations
1. Each Party shall give positive consideration to accepting as equivalent,
technical regulations of another Party, even if these regulations differ from its own,
provided that those technical regulations
produce outcomes that are equivalent to
Article 8.9: Conformity Assessment Procedures
1. The Parties recognise that a broad r
ange of mechanisms exist to facilitate
the acceptance of conformity assessment results, including:
(a) the importing Party’s reliance on a supplier’s declaration of conformity;
(b) unilateral recognition by one Party of the results of conformity
assessments performed in another Party’s territory;
(c) cooperative arrangements among confor
mity assessment bodies from
each other’s territory;
(d) mutual recognition of conformity assessment procedures conducted by
bodies located in the territory of another Party;
(e) accreditation procedures for qualifying conformity assessment bodies;
(f) government designation of conformity assessment bodies; and
(g) devising solutions to increase adm
inistrative efficiency, that avoid
duplication and are cost effective.
2. The Parties shall intensify their exchange of information on the range of
mechanisms to facilitate the acceptanc
e of conformity assessment results.
3. The Parties shall seek to ensure that conformity assessment procedures
applied among them facilitate trade by ensuring that they are no more restrictive
than is necessary to provide an importing Party with confidence that products
conform with the applicable technical regulat
ions, taking into account the risk that
non-conformity would create.
4. Before accepting the results of a conformity assessment procedure, and to
enhance confidence in the continued reliab
ility of each other’s conformity
assessment results, the Parties may cons
ult on such matters as the technical
refuses to accredit, approve, license, or otherwise recognise a body assessing
conformity with that technical regulation or standard in the territory of another
Party, it shall, on request, explain the reasons for its refusal.
7. Where a Party declines a request from another Party to enter into
negotiations on facilitating recognition in its territory of the results of conformity
assessment procedures conducted by bodies in the territory of either of the other
Parties, it shall, on request, explain its reasons.
Article 8.10: Transparency
1. In order to enhance the opportunity for persons to provide meaningful
comments, a Party publishing a notice under Article 2.9 or 5.6 of the TBT
Agreement shall:
(a) include in the notice a statement describing the objective of the proposal
and the rationale for the approach the Party is proposing; and
(b) transmit the proposal electronically to the other Parties through the
enquiry point established under Article 10 of the TBT Agreement at the
same time as it notifies WTO Members of the proposal pursuant to the
TBT Agreement.
2. Each Party should allow at least 60 days from the transmission under
Paragraph 1(b) for persons and the other Parties to make comments in writing on
3. Where a Party makes a notification under Article 2.10 or 5.7 of the TBT
Agreement, it shall at the same time transmit the notification to the other Parties,
electronically, through the enquiry point referred to in Paragraph 1(b)
Article 8.11: Technical Cooperation a
nd Committee on Technical Barriers to
Trade
1. The Parties hereby establish the Committee on Technical Barriers to Trade
(the Committee), which shall comprise officials from the contact points of the
Parties.
2. The Parties shall provide each other with the name of the governmental
organisation that shall be their contact point and the contact details of relevant
officials on that organisation, including telephone, fax, email and other relevant
3. The Committee shall have the responsibility for implementing and
monitoring the operation of this Chapter, and in particular:
(a) identifying priority sectors for enhanced cooperation;
(b) establishing work programmes in priority areas;
(c) coordinating participation in work
programmes with interested persons
and organisations in the territories of the Parties;
(d) monitoring the work programmes;
(e) addressing any issue that a Party may raise related to the development,
adoption, application or enforcement
of technical regulations and
conformity assessment procedures;
(f) enhancing cooperation in the development and improvement of
technical regulations and conformity assessment procedures;
(g) where appropriate, facilitating sectoral cooperation among governmental
and non-governmental accreditation agencies and conformity
assessment bodies in the Parties’ territories;
(h) exchanging information on developments in non-governmental, regional
and multilateral forums engaged in activities related to standardisation,
technical regulations and conformity assessment procedures;
(i) taking any other steps the Parties consider will assist them in
implementing the TBT Agreement and in facilitating trade in goods
among them;
(j) reviewing this Chapter in light of any developments under the TBT
Agreement, and developing recommendations for amendments to this
Chapter in light of those developments; and
(k) reporting to the Commission on the implementation of this Chapter, as it
considers appropriate.
4. A Party shall, on request, give favourable consideration to any sector-
specific proposal another Party makes for further technical cooperation under this
Chapter.
Article 8.12: Technical Consultations
1. A Party may initiate technical consultations with another Party through the
respective contact points with the aim of resolving any matter arising under this
Chapter.
2. Unless the Parties mutually determine otherwise, the Parties shall hold
technical consultations within a reasonabl
e period of time from the request for
technical consultations by email, telec
onference, video-conference, or through any
CHAPTER 9
Those exemptions shall not have the obje
ctive of negatively affecting trade among
the Parties. Should any Party be considering additions to its list of exemptions that
it considers may affect trade with another Party, it will inform that Party, which may
request consultations under Article 9.5. The Commission shall implement any
additions to or removals from the list of exemptions through an Implementing
Arrangement.
2. Notification shall take place at an early stage of the procedure, provided that
this is not contrary to the Parties’ competition laws and does not affect any
investigation being carried out.
Article 9.5: Consultations and Exchange of Information
1. At the request of any Party, the Parties shall consult on any issue adversely
Annex 9.A
a. Supply of scheduled bus servic
es by any person licensed and
regulated under the Public Trans
port Council Act (Cap. 259B);
b. Supply of rail services by any person licensed and regulated under
the Rapid Transit Systems Act (Cap. 263A).
5. Cargo terminal operations by a person licensed and regulated under the
Maritime and Port Authority of Singapore Act (Cap. 170A).
6. Clearing and exchanging of articles undertaken by the Automated Clearing
House (ACH) established under the B
anking (Clearing House) Regulations
(Cap. 19, Rg 1), and activities of the Singapore Clearing Houses
Association (SCHA) in relation to its activities regarding the ACH.
7. Mergers and acquisitions (M&As) approved under any written law or any
10-1
CHAPTER 10
INTELLECTUAL PROPERTY
Article 10.1: Definitions
For the purposes of this Chapter:
TRIPS Agreement
means the
Agreement on Trade-Related Aspects of Intellectual
Property Rights
, which is part of the WTO Agreement;
Intellectual property
refers to all categories of intellectual property that are the
subject of Sections 1 through 7 of Part II of the TRIPS Agreement namely:
copyright and related rights; trade marks; geographical indications; industrial
designs; patents; layout designs (topographies
) of integrated circuits; protection of
undisclosed information.
Article 10.2: Intellectual Property Principles
1. The Parties recognise the importance of intellectual property in promoting
economic and social development, particularly in the new digital economy,
technological innovation and trade.
For the purpose of this Chapter “intellectual property” also includes the protection of plant
10-2
Article 10.3: General Provisions
1. The Parties affirm their existing rights and obligations with respect to each
other under the TRIPS Agreement and any other multilateral agreement relating to
intellectual property to which they are party.
To this end, nothing in this Chapter
shall derogate from existing rights and obligations that Parties have to each other
under the TRIPS Agreement or other multilateral intellectual property agreements.
2. Nothing in this Chapter shall prevent a Party from adopting appropriate
measures to prevent the abuse of intellectual property rights by right holders or the
resort to practices that unreasonably restrain trade or adversely affect the
international transfer of technology, provided that such measures are consistent
with this Agreement. In particular, nothing in this Chapter shall prevent a Party
from adopting measures necessary to prevent anti-competitive practices that may
result from the abuse of intellectual property rights.
3. Subject to each Party’s international obligations the Parties affirm that they
(a) provide for the international exhaustion of intellectual property rights;
(b) establish that provisions in
standard form non-negotiated licenses for
products do not prevent consumers fr
om exercising the limitations and
exceptions recognised in domesti
c intellectual property laws;
(c) establish provisions
to facilitate the exercise of permitted acts where
technological measures have been applied; and
(d) establish appropriate measures
to protect traditional knowledge.
4. The Parties shall provide for reproduction rights and communication to the
public rights to copyright owners and phonogr
am producers that are consistent with
World Intellectual Property Organization Copyright Treaty
(WCT) and the
Intellectual Property Organization Performances and Phonograms Treaty
(WPPT).
The Parties shall provide performers' rights consistent with the TRIPS Agreement.
The Parties may establish limitations and exceptions in their domestic laws as
acceptable under the Berne
Convention for the Protection of Literary and Artistic
(1971), the TRIPS Agreement, the WCT and the WPPT. These provisions
shall be understood to permit Parties to devise new exceptions and limitations that
are appropriate in the digital environment.
5. Subject to their obligations under the TRIPS Agreement, each Party may
limit the rights of the performers and producers of phonograms and broadcasting
entities of the other Party to the rights its persons are accorded within the
jurisdiction of the other Party.
10-3
Article 10.4: Trade Marks
1. Each Party shall afford an opportunity for interested parties to oppose the
application of a trade mark and request ca
ncellation of a registered trade mark.
2. In relation to trade marks, Parties are encouraged to classify goods and
services according to the classification of the
Nice Agreement Concerning the
International Classification of Goods
and Services for the Purposes of the
Registration of Marks
(1979).
Article 10.5: Geographical Indications
1. The terms listed in Annex 10.A are recognised as geographical indications
for wines and spirits in the respective Party, within the meaning of paragraph 1 of
Article 22 of the TRIPS Agreement. Subject to domestic laws,
in a manner that is
consistent with the TRIPS Agreemen
t, such terms will be protected as
geographical indications in the territories of the other Parties.
2. At the request of a Party, the Commission may decide to add or remove
geographical indications from Annex 10.A.
Article 10.6: Country Names
The Parties shall provide the legal means for interested parties to prevent
commercial use of country names of the Parties in relation to goods in a manner
which misleads consumers as to the origin of such goods.
Article 10.7: Cooperation
The Parties agree to cooperate, consiste
For greater certainty, the Parties acknowledge that geographical indications will be recognised and
protected in Brunei Darussalam, Chile, New Zealand and Singapore only to the extent permitted by
and according to the terms and conditions set out in their respective domestic laws.
10-4
but are not limited to, the implementation of appropriate limitations and
exceptions under copyright law and the implementation of measures
concerning the appropriate protection of digital rights management
information;
(c) exchange of information on the implementation of intellectual property
systems, aimed at promoting the efficient registration of intellectual
property rights;
(d) promotion of the development of contacts and cooperation among their
respective agencies, including enforcement agencies, educational
institutions and other organisations with an interest in the field of
intellectual property rights;
(e) policy dialogue on initiatives on intellectual property in multilateral and
regional forums;
(f) exchange of information and cooperation on appropriate initiatives to
promote awareness of intellectual property rights and systems; and
(g) such other activities and initiatives as may be mutually determined
among the Parties.
10-5
Annex 10.A
Lists of Geographical Indications
List of Geographical Indications from Chile
WINES
Name of Appellation
Valle de Aconcagua
Alhué
Valle del Bío Bío
Buin
Valle del Cachapoal
Valle de Casablanca
Cauquenes
Chillán
Chimbarongo
Valle del Choapa
Coelemu
Valle de Colchagua
Valle de Copiapó
Valle de Curicó
Region de Aconcagua
Region de Atacama
Region de Coquimbo
Valle del Claro
Region del Sur
Region del Valle Central
Valle del Elqui
Valle del Huasco
Illapel
Isla de Maipo
Valle del Itata
Valle de Leyda
Valle del Limarí
Linares
Valle del Loncomilla
Valle del Lontué
Valle del Maipo
Maria Pinto
Valle del Marga-Marga
Valle del Maule
Marchigue
Valle del Malleco
Monte Patria
Mulchén
Nancagua
10-6
Ovalle
Paiguano
11-1
CHAPTER 11
GOVERNMENT PROCUREMENT
Article 11.1: Definitions
For the purposes of this Chapter:
build-operate-transfer contract
and
public works concession contract
mean
any contractual arrangement the primary purpose of which is to provide for the
construction or rehabilitation of physical in
frastructure, plant, buildings, facilities or
other government-owned works and under which, as consideration for a supplier's
execution of a contractual arrangement, the entity grants to the supplier, for a
specified period of time, temporary ownership or a right to control and operate, and
demand payment for the use of such works for the duration of the contract;
means an entity listed
in Annex 11.A;
government procurement
procurement
means the process by which entities
purchase goods and services;
measures relating to government procurement
means any law, regulation,
policy, or procedure of general applicat
ion relating to government procurement;
11-2
(b) addresses terminology, symbols, packaging, marking or labelling
requirements, as they apply to a good or service; or
11-3
(d) procurement of goods and services
(including construction) outside the
territory of the procuring Party, for consumption outside the territory of
the procuring Party;
(e) acquisition of fiscal agency or depository services, liquidation and
management services for regulated financial institutions, and sale and
distribution services for government debt; or
(f) hiring of government employees or other long-term staff and personnel,
and related employment measures.
3. Each Party shall ensure that its entities shall not prepare, design or
otherwise structure or divide, at any stage of the procurement, any procurement in
order to avoid the obligat
ions of this Chapter.
Article 11.4: National Treatment and Non-Discrimination
1. With respect to any
measures regarding government procurement covered
by this Chapter, each Party shall grant
to goods, services and suppliers of the
other Parties treatment no less favourable than that accorded by it to domestic
goods, services and suppliers.
2. With respect to any measures regarding government procurement covered
by this Chapter, no Party shall allow its entities to:
(a) treat a locally established supplier
less favourably than another locally
established supplier on the basis of t
he degree of foreign affiliation to, or
ownership by a person of, another Party; or
(b) discriminate against a locally established supplier on the basis that the
goods or services offered by that supplier are goods or services of
another Party.
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Article 11.5:
Rules of Origin
11-5
(a) be specified in terms of performance and functional requirements, rather
than design or descriptive characteristics; and
(b) be based on international standards,
where applicable, or otherwise on
national technical regulations, recognised national standards, or building
codes.
3. Each Party shall ensure that its entities do not prescribe technical
specifications that require or refer to a particular trademark or trade name, patent,
design or type, specific origin or producer
or supplier, unless there is no sufficiently
precise or intelligible way of describing
the procurement requirements and provided
that, in such cases, words such as "or equivalent" are included in the tender
documentation.
4. Each Party shall ensure that an entity
shall not seek or accept advice to be
used in the preparation or adoption of any
technical specification for a specific
procurement from a person that may have a commercial interest in that
The Parties understand that further procurements under contracts, which are awarded consistently
with this Chapter, in particular Article 11.10, that provide that goods and services will be available to
entities on the same terms and conditions as the original contract are considered consistent with
this Chapter.
11-6
3. Entities shall publish the notices in a timely manner through means which
offer the widest possible and non-discriminatory access to the interested suppliers
of the Parties. These means shall be accessible free of charge, during the entire
period established for tendering, through
a single electronic point of access
specified in Annex 11.B.
4. Where an entity, during the course of a procurement, modifies the criteria
referred to in the notice of intended procurement, it shall publish or transmit all
such modifications in writing:
(a) to all suppliers that are participating in the procurement at the time the
criteria are modified, if the identities of such suppliers are known, and in
all other cases, in the same manner as the original information was
transmitted; and
(b) in adequate time to allow such suppliers to modify and resubmit their
tenders, as appropriate.
5. Each notice of intended procurement under Paragraph 1 shall be published
sufficiently in advance to provide interested suppliers of all Parties with a
reasonable period of time in light of the nature, circumstances and complexity of
the procurement, to obtain the full t
ender documentation and to prepare and submit
responsive tenders by the closing date, or to apply for participation in the
procurement
where applicable.
6. Notwithstanding Paragraph 5, entities shall provide no less than 10 days
11-7
2. Where contracting entities do not offer direct access to the entire tender
documents and any supporting documents by electronic means, entities shall
promptly make available the tender documentation at the request of any supplier of
the Parties.
3. An entity shall endeavour to repl
y promptly to any reasonable request for
explanation or relevant information made by a supplier, provided that such
11-8
Article 11.15: Post-Award Information
1. Entities shall promptly publish or inform suppliers that have submitted a
tender of the contract award decision.
2. Entities shall, on request from an unsuccessful supplier, promptly provide
pertinent information concerning reasons for the rejection of its tender or the
relative advantages of the tender the entity selected.
3. Entities shall, promptly after the award of a contract for a procurement
covered by this Chapter, publish a notice containing at least the following
information:
(a) the name and address of the successful supplier;
(b) a description of the goods or services supplied; and
(c) the value of the contract award.
Article 11.16: Conditions for Participation
1. Where an entity requires suppliers to sa
tisfy registration, qualification, or any
other conditions before being permitted to
participate in a procurement, each Party
shall ensure that a notice inviting suppliers
to apply for registration, qualification or
demonstration of the suppliers' satisfaction of any other conditions for participation
is published sufficiently in advance for interested suppliers to prepare and submit
responsive applications and for entities to
evaluate and make their determinations
based on such applications.
Entities shall consider for a partic
ular procurement those suppliers of
11-9
declarations relating to a procurement, or significant deficiency in the performance
of any obligation under a prior contract.
Article 11.17: Lists of Registered or Qualified Suppliers
1. An entity may establish for continuing use a list of suppliers registered or
qualified to participate in procurements. A current updated list of registered or
qualified suppliers shall be publicly available.
The entity shall ensure that suppliers
may apply for participation in the list of registered or qualified suppliers at any time,
and that all qualifying applicants are incl
uded within a reasonable period of time,
taking into account the conditions for participation and the need for verification.
Where an entity requires suppliers to qualify for such a list before being permitted
to participate in a procurement, and a supplier that has not previously satisfied
such requirements or conditions submits an application, the entity shall promptly
start the registration or qualification procedures and shall allow such supplier to
participate in the procurement, provided there is sufficient time to complete the
registration or procurement procedures within the time period established for the
award.
2. The entity shall publish annually or otherwise make available continuously in
electronic form a notice inviting interested suppliers to apply for inclusion on the
list. The notice shall include:
(a) a description of the goods and services for which the list of suppliers
may be used; and
(b) the conditions to be satisfied by suppliers for inclusion on the list of
registered or qualified suppliers
3. Entities shall notify qualified suppliers of the termination of, or of their
removal from a list of registered or qualified suppliers and state the reason for this
action.
Article 11.18: Exceptions to Open Tendering
11-10
(ii) no tenders were submitted that conform to the essential
requirements in the tender documentation, or
(iii) no suppliers satisfied the conditions for participation, and
the entity does not substantially modify the essential requirements of the
procurement in the contract as awarded;
(b) where, for works of art, or for
reasons connected with the protection of
exclusive
rights, such as patents or copyrights, or where there is an
procedure, and the use of such
procedure would result in serious injury
to the entity, the entity's programme responsibilities or the Party. For
purposes of this Subparagraph, lack of
advance planning by an entity or
11-11
its concerns relating to the amount of funds available to it do not
constitute unforeseeable events;
(h) for purchases made under exceptionally advantageous conditions that
only arise in the very short term, including public auction or unusual
disposals, such as those resulti
ng from liquidation, bankruptcy or
receivership.
This provision is not intended to cover routine purchases
from regular suppliers; or
(i) in the case of a contract awarded to the winner of a design contest
provided that the contest has been organised in a manner which is
consistent with the principles of this Chapter and that the contest is
judged by an independent jury with a view to a design contract being
awarded to the winner.
2. The Parties shall ensure that, whenever it is necessary for entities to resort
to a procedure other than open tendering pr
ocedures based on the circumstances
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3. Each Party shall make information on complaint mechanisms generally
available.
4. Compensation for any breach of measures implementing this Chapter may
be limited to the costs for tender prepar
ation reasonably incurred by the supplier
for the purpose of the procurement.
Article 11.21: Encouraging Use of Electronic Communications
1. The Parties shall seek to provide opportunities for government procurement
on government procurement shall either be specified in Annex 11.B, or be set out
in the information on the single electronic portal.
3. The Parties shall encourage, to the extent possible, the use of electronic
means for the provision of tender documents and receipt of tenders.
4. The Parties shall endeavour to ens
ure policies and procedures for the use
of electronic means in procurement are adopted that:
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2. Subject to the requirement that such measures are not applied in a manner
that would constitute a means of arbitrary or unjustifiable discrimination between
Parties where the same conditions prevail or a disguised restriction on trade
11-14
Annex 11.A
List of Entities and Covered Goods and Services
CHILE
A. List of Entities
1. Presidencia de la República (Office
of the President of the Republic)
2. Ministerio de Interior (Ministry of the Interior)
3. Ministerio de Relaciones Exteriores (Ministry of Foreign Affairs)
4. Ministerio de Defensa Nacional (Ministry of National Defense)
5. Ministerio de Hacienda (Ministry of Finance)
Intendencia I Región
(Intendancy Region I)
Gobernación de Arica
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(Governor’s Office – Arica)
Gobernación de Parinacota
(Governor’s Office - Parinacota)
Gobernación de Iquique
(Governor’s Office - Iquique)
Intendencia II Región
(Intendancy Region II)
Gobernación de Antofagasta
(Governor’s Office - Antofagasta)
Gobernación de El Loa
(Governor’s Office - El Loa)
Gobernación de Tocopilla
(Governor’s Office - Tocopilla)
Intendencia III Región
(Intendancy Region III)
Gobernación de Chañaral
(Governor’s Office - Chañaral)
Gobernación de Copiapó
(Governor’s Office - Copiapó)
Intendencia IV Región
(Intendancy Region IV)
Gobernación de Huasco
(Governor’s Office - Huasco)
Gobernación de El Elqui
(Governor’s Office - El Elqui)
Gobernación de Limarí
(Governor’s Office - Limarí)
Gobernación de Choapa
(Governor’s Office - Choapa)
Intendencia V Región
(Intendancy Region V)
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(Intendancy Region VI)
Gobernación de Cachapoal
(Governor’s Office - Cachapoal)
Gobernación de Colchagua
(Governor’s Office - Colchagua)
Gobernación de Cardenal Caro
(Governor’s Office - Cardenal Caro)
Intendencia VII Región
(Intendancy Region VII)
Gobernación de Curicó
(Governor’s Office - Curicó)
Gobernación de Talca
(Governor’s Office - Talca)
Gobernación de Linares
(Governor’s Office - Linares)
Gobernación de Cauquenes
(Governor’s Office - Cauquenes)
Intendencia VIII Región
(Intendancy Region VIII)
Gobernación de Ñuble
(Governor’s Office - Ñuble)
Gobernación de Bío-Bío
(Governor’s Office - Bío-Bío)
Gobernación de Concepción
(Governor’s Office
- Concepción)
Gobernación de Arauco
(Governor’s Office - Arauco)
Intendencia IX Región
(Intendancy Region IX)
Gobernación de Malleco
(Governor’s Office - Malleco)
Gobernación de Cautín
(Governor’s Office - Cautín)
Intendencia X Región
(Intendancy Region X)
Gobernación de Valdivia
(Governor’s Offi
ce - Valdivia)
Gobernación de Osorno
(Governor’s Office - Osorno)
Gobernación de Llanquihue
(Governor’s Office - Llanquihue)
Gobernación de Chiloé
(Governor’s Office - Chiloé)
Gobernación de Palena
(Governor’s Office - Palena)
Intendencia XI Región
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(Intendancy Region XI)
Gobernación de Coihaique
(Governor’s Office - Coihaique)
Gobernación de Aysén
(Governor’s Office - Aysén)
Gobernación de General Carrera
(Governor’s Office - General Carrera)
Intendencia XII Región
(Intendancy Region XII)
Gobernación de Capitán Prat
(Governor’s Office - Capitán Prat)
Gobernación de Ultima Esperanza
(Governor’s Office - Ultima Esperanza)
Gobernación de Magallanes
(Governor’s Office - Magallanes)
Gobernación de Tierra del Fuego
(Governor’s Office - Tierra del Fuego)
Gobernación de Antártica Chilena
(Governor’s Office - Antártica Chilena)
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2. Services
Chapter 11 applies to all services procured by the entities listed in
Section A, except all classes of financial services (as elaborated in the
Common Classification System), which are excluded.
3. Construction Services
Chapter 11 applies to all construction services procured by the entities listed
in Section A.
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NEW ZEALAND
A. List of Entities
Archives New Zealand
Crown Law Office
Department of Building and Housing
Department of Child, Youth and Family Services
Department of Conservation
Department of Corrections
Department of Internal Affairs
Department of Labour
11-20
B. Covered Goods and Services
1. Goods
Chapter 11 applies to all goods procured by the entities listed in Section A.
2. Services
Chapter 11 applies to all services procured by the entities listed in
Section A, except the following:
(a) procurement of research and development services;
(b) any procurement in respect of contracts for construction,
refurbishment or furnishing of chanceries abroad;
(c) procurement of public health,
education and welfare services.
3. Construction Services
Chapter 11 applies to all construction services procured by the entities listed
in Section A, except for procurement covered by Paragraph 2(b) above.
As defined in WTO document MTN.GNS/W/120 (CPC 851-853).
As regards construction services, this refers to WTO document MTN.GNS/W/120 sector heading
“Construction and Related Engineering Services”.
Refers to procurement, for provision to the public, of services classified in WTO document
MTN.GNS/W/120 under the sector headings “Educational Services” and “Health Related and Social
Services”, and CPC item 913.
11-21
SINGAPORE
A. List of Entities
Auditor-General's Office
Attorney-General's Chambers
Cabinet Office
Istana
Judicature
Ministry of Transport
Ministry of Community Development and Sports
Ministry of Education
Ministry of Environment
Ministry of Finance
Ministry of Foreign Affairs
Ministry of Health
Ministry of Home Affairs
Ministry of Information, Communications and the Arts
Ministry of Manpower
Ministry of Law
Ministry of National Development
Ministry of Trade and Industry
Parliament
Presidential Councils
Prime Minister's Office
Public Service Commission
Ministry of Defence
This Agreement will generally apply to purchases by the Singapore Ministry of
Defence of the following
Federal Supply Classification
(FSC) categories of the
United States of America (others being excluded) subject to the Government of
11-22
35 Service and Trade Equipment
36 Special Industry Machinery
37 Agricultural Machinery and Equipment
38 Construction, Mining, Excavating and Highway Maintenance
Equipment
39 Materials Handling Equipment
40 Rope, Cable, Chain and Fittings
41 Refrigeration, Air Conditioning and Air Circulating Equipment
42 Fire Fighting, Rescue and Safety Equipment
43 Pumps and
44 Furnace, Steam Plant and Drying Equipment
45 Plumbing, Heating and Sanitation Equipment
46 Water Purification and Sewage Treatment Equipment
47 Pipe, Tubing, Hose and Fittings
48 Valves
51 Handtools
52 Measuring Tools
53 Hardware and Abrasives
54 Prefabricated Structures and Scaffolding
55 Lumber, Millwork, Plywood and Veneer
56 Construction and Building Materials
61 Electric Wire, and Power and Distribution Equipment
62 Lighting, Fixtures and Lamps
63 Alarm, Signal and Security Detection Systems
65 Medical, Dental and Veterinary Equipment and Supplies
67 Photographic Equipment
68 Chemicals and Chemical Products
69 Training Aids and Devices
70 General Purpose Automatic Data Processing Equipment,
Software,Supplies and Support Equipment
71 Furniture
72 Household and Commercial Furnishings and Appliances
73 Food Preparation and Serving Equipment
74 Office Machines, Text Processing Systems and Visible Record
Equipment
75 Office Supplies and Devices
76 Books, Maps and other Publications
77 Musical Instruments, Phonographs and Home-Type Radios
11-23
88 Live Animals
89 Subsistence
91 Fuels, Lubricants, Oils and Waxes
93 Non-metallic Fabricated Materials
94 Non-metallic Crude Materials
11-24
96112 Motion Picture or Video Tape Production Services
96113 Motion Picture or Video Tape Distribution Services
96121 Motion Picture Projection Services
96122 Video Tape Projection Services
96311 Library Services
8672 Engineering Services
7512 Courier Services
- Biotechnology Services
- Exhibition Services
11-25
Annex 11.B
Single Electronic Point of Access
http://www.chilecompra.cl
For New Zealand:
For Singapore:
http://www.gebiz.gov.sg
Contact Point
For Brunei Darussalam:
State Tender Board (STB)
Ministry of Finance
Commonwealth Drive
Brunei Darussalam BB 3910
For New Zealand:
11-26
Annex 11.C
Thresholds
Goods Threshold : SDR 50,000
Services Threshold : SDR 50,000
Construction Threshold : SDR 5,000,000
Thresholds shall be converted to the re
spective national currencies in accordance
with the following provisions:
1. Each Party shall calculate and publish the value of the thresholds under this
Chapter expressed in the corresponding nati
onal currency. These calculations will
be based on the conversion rates published by the IMF in its monthly “International
Financial Statistics”.
2. The conversion rates shall be the average of the daily values of the
respective national currency in terms of the SDR over the two years preceding
1 September, 1 October or 1 November of the year prior to the thresholds in
national currency becoming effective which will be from 1 January.
3. Thresholds expressed in national currencies will be fixed for two years, ie
calendar years, for all Parties.
12-1
CHAPTER 12
TRADE IN SERVICES
Article 12.1: Definitions
For the purposes of this Chapter:
means any type of business or professional establishment,
including through:
(a) the constitution, acquisition or maintenance of a legal person; or
(b) the creation or maintenance of a branch or a representative office, within
the territory of a Party for the purpose of supplying a service;
enterprise
means an enterprise as defined in Article 2.1 (
Definitions of General
), and a branch of an enterprise;
measures adopted or maintained by a Party
means measures adopted or
maintained by:
(a) central or local governments and authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central
or local governments or authorities.
Such measures include measures affecting:
(a) the production, distribution, marketing, sale, and delivery of a service;
(b) the purchase or use of, or payment for, a service;
(c) the access to and use of distribution, transport, or telecommunications
12-2
service supplier of a Party
means a person of a Party that seeks to supply or
supplies a service;
specialty air services
means any non-transportation air services, such as aerial
fire fighting, sightseeing, spraying, surveying, mapping, photography, parachute
jumping, glider towing, and helicopter-lift for logging and construction, and other
airborne agricultural, industrial, and inspection services;
state enterprise
means an enterprise that is owned, or controlled through
ownership interests, by a Party;
trade in services
supply of services
means the supply of a service:
(a) from the territory of one Party into the territory of another Party (“cross-
border mode”);
(b) in the territory of one Party by a person of that Party to a person of
another Party (“consumption abroad mode”);
(c) by a service supplier of one Party, through commercial presence in the
territory of another Party (“commercial presence mode”); or
(d) by a national of a Party in the territory of another Party (“presence of
natural persons mode”).
Article 12.2: Objectives
The objectives of this Chapter are to fa
cilitate expansion of trade in services
on a mutually advantageous basis, under conditions of transparency and
progressive liberalisation, while recognising the rights of Parties to regulate
services, including to introduce new regulat
ions, and the role of governments in
providing and funding public
services, giving due respect to national policy
objectives including where these reflect local circumstances.
Article 12.3: Scope
1. This Chapter shall apply to measures adopted or maintained by a Party
affecting trade in services.
2. This Chapter shall not apply to:
(a) financial services as defined in Annex 12.A;
12-3
(b) government procurement, which means any law, regulation, policy, or
procedure of general application governing the procurement by
governmental agencies of services purchased for governmental
purposes and not with a view to commercial resale or with a view to use
in the supply of services for commercial sale;
(c) services supplied in the exercise of governmental authority;
(d) subsidies or grants provided by a Party or a state enterprise,
or any
conditions attached to the receipt or continued receipt of such subsidies
12-4
to ensure the orderly movement of natural persons across, its borders, provided
that such measures are not applied in
such a manner as to nullify or impair the
benefits accruing to that other Party under the terms of this Chapter. The sole fact
of requiring a visa for natural persons of certain countries and not for those of
others shall not be regarded as nullifying benefits under this Chapter.
Article 12.4: National Treatment
Each Party shall accord to services and service suppliers of another Party,
treatment no less favourable than that it accords, in like circumstances, to its own
services and service suppliers.
Article 12.5: Most-Favoured-Nation Treatment
Each Party shall accord to services
and service suppliers of another Party
treatment no less favourable than that it accords, in like circumstances, to services
and service suppliers of a non-Party.
This paragraph does not cover measures of a Part
y which limit inputs for the supply of services.
12-5
(e) measures which restrict or require specific types of legal entity or joint
venture through which a service
supplier may supply a service.
Article 12.7: Local Presence
No Party may require a service supplier of another Party to establish or
maintain a representative office or any form of enterprise, or to be resident, in its
territory as a condition for the supply of a service.
Article 12.8: Non-conforming Measures
1. Articles 12.4, 12.5, 12.6 and 12.7 shall not apply to:
(a) any existing non-conforming measure that is maintained by a Party at:
(i) the central level of government, as set out by that Party in its
Schedule to Annex III, or
(ii) a local level of government;
(b) the continuation or prompt renewal of any non-conforming measure
referred to in Subparagraph (a); or
(c) an amendment to any non-conforming measure referred to in
Subparagraph (a) to the extent that the amendment does not decrease
the conformity of the measure, as it existed immediately before the
amendment, with Articles 12.4, 12.5, 12.6 and 12.7.
2. Articles 12.4, 12.5, 12.6 and 12.7 do not apply to any measure that a Party
adopts or maintains with respect to sectors, sub-sectors, or activities, as set out in
its Schedule to Annex IV.
Article 12.9: Review
The Parties shall consult within two years of entry into force of this
Agreement and at least every three years
thereafter, or as otherwise agreed, to
review the implementation of this Chap
ter and consider other trade in services
issues of mutual interest, with a view to
the progressive liberalisation of the trade in
services among them on a mutually advantageous basis.
12-6
Article 12.10: Domestic Regulation
1. Each Party shall ensure that all
measures of general application affecting
trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements
and procedures, technical standards, and licensing requirements do not constitute
unnecessary barriers to trade in services, each Party shall ensure
that any such
measures that it adopts or maintains are:
(a) based on objective and transparent
12-7
requirements met in that other Party’s territory should be recognised.
4. A Party shall not accord recognition in a manner which would constitute a
12-8
(a) service suppliers of another Party where the service is being supplied by
an enterprise that is owned or controlled by persons of a non-Party and
the enterprise has no substantive business operations in the territory of
any Party; or
(b) service suppliers of another Party where the service is being supplied by
an enterprise that is owned or controlled by persons of the denying
Party and the enterprise has no substantive business operations in the
territory of any Party.
Article 12.13: Transparency
1. Each Party shall publish promptly
or otherwise make publicly available
international agreements pertaining to or affe
cting trade in services to which it is a
2. Each Party shall respond promptly
to all requests by any other Party for
specific information on any of its measures of general application which pertain to
or affect the operation of this Chapter or international agreements within the
meaning of Paragraph 1.
3. Each Party shall also designate one or more enquiry points to provide
specific information to the other Parties, upon request, on all such matters.
Article 12.14: Subsidies
Notwithstanding Article 12.3, the Parties shall review the issue of disciplines
on subsidies related to trade in services in the light of any disciplines agreed under
Article XV of GATS with a view to their incorporation into this Agreement.
Article 12.15: Payments and transfers
Except as provided in Annex 12.C, each Party shall permit all payments and
transfers for current transactions and capital movements, with regard to trade in
services.
12-9
Annex 12.A
Financial service
means any service of a financia
l nature. Financial services
include all insurance and insurance-related services, and all banking and other
financial services (excluding insurance), as
well as services incidental or auxiliary
to a service of a financial nature. Without limiting this definition, financial services
include the following activities:
Insurance and insurance-related services
(a) direct insurance (including co-insurance):
(i) life,
(ii) non-life;
12-10
(iv) exchange rate and interest rate instruments, including products
such as swaps, forward rate agreements,
(v) transferable securities, or
12-11
Annex 12.B
Professional Services
Development of Professional Standards
1. Professional services means services, the provision of which requires
specialised post secondary education, or equi
valent training or experience, and for
which the right to practice is granted or restricted by a Party, but does not include
services provided by trades persons or
vessel and aircraft crew members.
2. The Parties shall encourage the relevant bodies in their respective territories
to develop mutually acceptable standards and
criteria for licensing and certification
of professional service providers and to provide recommendations on mutual
recognition to the Commission.
3. The standards and criteria referred to in Paragraph 2 may be developed
with regard to the following matters:
(a) education - accreditation of
schools or academic programs;
(b) examinations - qualifying examinations for licensing, including
alternative methods of assessment such as oral examinations and
interviews;
(c) experience - length and nature of experience required for licensing;
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The term “relevant international organisations” refers to international bodies whose membership is
open to the relevant bodies of at least two Parties.
12-13
Annex 12.C
Payments and Transfers
Chile
With respect to its obligations under Article 12.15 (
Payments and Transfers
), Chile
reserves:
1. The right, without prejudice to Paragraph 3 of this Annex, to maintain
existing requirements that transfers from Ch
ile of proceeds from the sale of all or
any part of an investment of an investor of a Party
Investment of an investor of a Party, refers to a commercial presence of a service supplier of a
Party.
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Notwithstanding the above, the reserve requirement that the Central Bank of
Chile can apply pursuant to Article 49 No.
2 of Law 18.840, shall not exceed 30 per
cent of the amount transferred and shall not be imposed for a period which
exceeds two years.
4. When applying measures under this Annex, Chile, as established in its
12-15
Annex 12.D
DL 600
Chile
1. It is understood that this Chapter does not limit the right of the Foreign
Investment Committee to regulate the
terms and conditions of any investment
contract under the Foreign Investment Statute, Decree Law 600. Furthermore, it is
also understood that the Foreign Investment Committee is not obliged to enter into
investment contracts.
2. For greater certainty, commercial presence established in Chile under the
terms and conditions set out in an investment contract shall be subject to the rights
and obligations of this Chapter from the dat
e of transfer pursuant to the investment
contract. Execution of an investment contract under DL 600 by a service supplier
of another Party does not create any right on the part of the service supplier to
engage in particular activities in Chile.
13-1
CHAPTER 13
TEMPORARY ENTRY
Article 13.1: Definitions
For the purposes of this Chapter:
business person
means a natural person who has the nationality of a Party
according to Annex 2.A, who is engaged in trade in goods or supply of services;
immigration measure
means any law, regulation, pol
icy or procedure affecting the
entry and stay of foreign nationals;
temporary entry
means the entry into the territory of a Party by a business person
of the other Party without the intent to establish permanent residence.
Article 13.2: Objectives
1. The objectives of this Chapter are to facilitate the temporary entry of
business persons of any Party engaged in trade in goods or supply of services
among the Parties through streamlined, transparent immigration clearance
procedures for temporary entry, while at
the same time ensuring border security
and protecting the domestic labour force and permanent employment in the
territories of the Parties.
2. The Parties affirm their voluntar
y commitments established in the APEC
Business Travel Card “Operating Framework”.
Article 13.3: Scope
1. This Chapter does not apply to meas
ures affecting natural persons seeking
13-2
Article 13.4: Exchange of Information
1. No later than 6 months after the entry into force of this Agreement, the
Parties shall exchange information on measures that affect the temporary entry of
business persons through the contact points designated under Article 14.5
Contact Points
).
2. When a Party modifies or amends an immigration measure that affects the
temporary entry of business persons, such modifications or amendments shall be
published and made available in such a manner as will enable business persons of
the other Parties to become acquainted with them.
Article 13.5: Review
1. Two years after the entry into force of this Agreement, the Parties shall
review the rules and conditions applicable to movement of natural persons, with a
view to achieving a comprehensive c
hapter on temporary entry, covering broad
categories of business persons, such as may be proposed by any Party.
2. If the Parties achieve a mutually advantageous balance of rights in the
negotiations foreseen in Paragraph 1, the re
view will also address the scope of the
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CHAPTER 14
TRANSPARENCY
Article 14.1: Definitions
For the purposes of this Chapter:
Administrative ruling of general application
means an administrative ruling or
14-2
(a) wherever possible, persons of another Party that are directly affected
by a proceeding are provided reasonable notice, in accordance with
domestic procedures, when a proceeding is initiated, including a
description of the nature of the proceeding, a statement of the legal
authority under which the proceeding is initiated, and a general
description of any issues in question;
(b) such persons are afforded a reasonable opportunity to present facts
and arguments in support of their positions prior to any final
administrative action, when time, the nature of the proceeding, and
the public interest permit; and
(c) its procedures are in accordance with domestic law.
Article 14.4: Review and Appeal
1. Each Party shall, where warranted, establish or maintain judicial, quasi-
judicial, or administrative tribunals, or procedures for the purpose of the prompt
review and correction of final administrative actions regarding matters covered by
this Agreement, other than those taken for
prudential reasons. Such tribunals shall
be impartial and independent of the office or authority entrusted with administrative
enforcement and shall not have any substantial interest in the outcome of the
matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the
Parties to the proceedings are provided with the right to:
(a) a reasonable opportunity to
support or defend their respective
(b) a decision based on the eviden
ce and submissions of record or,
where required by domestic law, the record compiled by the
administrative authority.
3. Each Party shall ensure, subject to
appeal or further review as provided in
its domestic law, that such decision shall be implemented by, and shall govern the
practice of, the offices or authorities with respect to the administrative action at
Article 14.5: Contact Points
1. Each Party shall designate a contact point or points to facilitate
communications among the Parties on any matter covered by this Agreement.
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2. On the request of another Party, the contact points shall identify the office or
official responsible for the matter and assist, as necessary, in facilitating
communications with the requesting Party.
Article 14.6: Notification and Provision of Information
1. Where a Party considers that any
proposed or actual measure might
materially affect the operation of this Agreement or otherwise substantially affect
another Party’s interests under this Agreement, that Party shall notify the interested
Party, to the extent possible, of the proposed or actual measure.
2. On request of another Party, a Party shall provide information and respond
to questions pertaining to any actual or
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CHAPTER 15
15-2
2. The complaining Party shall notify the other Parties in writing of its intention
to bring a dispute to a particular forum before doing so. Where a Party wishes to
have recourse to a different dispute settlement forum from that notified by another
complaining Party, the complaining Parties shall consult with a view to reaching
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(b) 30 days after the date of receipt of the request for all other matters.
6. The consulting Parties shall make every attempt to reach a mutually
satisfactory resolution of any matter through consultations under this Article. To
this end, the consulting Parties shall:
(a) provide sufficient information to enable a full examination of how the
actual or proposed measure or other
matter might affect the operation
and application of this Agreement; and
(b) treat any confidential information exchanged in the course of
consultations on the same basis as the Party providing the information.
7. With a view to reaching a mutually satisfactory resolution of the matter, the
requesting Party may make representations or proposals to the responding Party,
which shall give due consideration to the
representations or proposals made to it.
8. In consultations under this Article, a consulting Party may request another
consulting Party to make available personnel of its government agencies or other
regulatory bodies who have expertise in
the matter subject to consultations.
Article 15.5: Good Offices, Conciliation and Mediation
1. Good offices, conciliation and mediation are procedures undertaken
voluntarily if the disputing Parties so agree.
2. Proceedings involving good offices, conciliation and mediation, and in
particular the positions taken by the disputing Parties during these proceedings,
shall be confidential and without prejudice to the rights of any Party in any further
proceedings under these procedures.
3. Good offices, conciliation or mediation may be requested at any time by any
disputing Party. They may begin at any time and be terminated at any time. Once
procedures for good offices, conciliation or
mediation are concluded without an
agreement between the disputing Parties, the complaining Party may request the
establishment of an arbitral tribunal under Article 15.6.
4. If the disputing Parties agree, good offices, conciliation or mediation may
continue while the dispute proceeds for
resolution before an arbitral tribunal
convened under Article 15.6.
Article 15.6: Establishment of an Arbitral Tribunal
1. The complaining Party may request, by means of a written notification
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addressed to the Party complained against, the establishment of an arbitral tribunal
if the consulting Parties fail to resolve the matter within:
(a) 45 days after the date of receipt of the request for consultations under
Article 15.4;
(b) 30 days after the
date of receipt of the
request for consultations under
Article 15.4 in a matter regarding perishable goods; or
(c) such other period as the consulting Parties agree.
2. Such notification shall also be communicated to all Parties.
3. The request to establish an arbitral tribunal shall identify:
(a) the specific measure at issue;
(b) the legal basis of the complaint including the provisions of this
Agreement alleged to have been breached and any other relevant
(c) the factual basis for the complaint.
4. Unless otherwise agreed by the disputing Parties, the arbitral tribunal shall
be established and perform its functions in a manner consistent with the provisions
of this Chapter.
5. Notwithstanding Paragraphs 1, 3, and 4, an arbitral tribunal may not be
established to review a proposed measure.
Article 15.7: Composition of Arbitral Tribunals
1. The arbitral tribunal shall comprise three members.
2. In the written notification pursuant to Article 15.6, the complaining Party or
Parties requesting the establishment of an arbitral tribunal shall designate one
member of that arbitral tribunal.
3. Within 15 days of the receipt of the notification referred to in Paragraph 2,
the Party to which it was addressed shall designate one member of the arbitral
tribunal.
4. The disputing Parties shall designate by common agreement the
appointment of the third arbitrator within 15 days of the appointment of the second
arbitrator. The member thus appointed shall chair the arbitral tribunal.
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5. If all 3 members have not been designated or appointed within 30 days from
the date of receipt of the notification referred to in Paragraph 2, at the request of
any Party to the dispute the necessary designations shall be made by the Director-
General of the WTO within a further 30 days.
6. The Chair of the arbitral tribunal shall not be a national of any of the Parties,
nor have his or her usual place of residence in the territory of any of the Parties,
nor be employed by any of the Parties, nor have dealt with the matter in any
capacity.
7. All arbitrators shall:
(a) have expertise or experience in law, international trade, other matters
covered by this Agreement, or the resolution of disputes arising under
international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability, and sound
judgment;
(c) be independent of, and not be affiliated with or take instructions from,
any Party; and
(d) comply with the code of conduct for panelists established under the
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Article 15.8: Functions of Arbitral Tribunals
1. The function of an arbitral tribunal is
to make an objective assessment of the
dispute before it, including an examination of the facts of the case and the
applicability of and conformity with this Agreement, and make such other findings
and rulings necessary for the resolution of the dispute referred to it as it thinks fit.
2. The findings and rulings of the arbitral tribunal shall be binding on the
disputing Parties.
Parties and any third Party for comment.
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other expenses associated with the conduct of its proceedings shall be borne by
the disputing Parties in equal shares.
Article 15.10: Suspension or
Termination of Proceedings
1. The disputing Parties may agree that the arbitral tribunal suspend its work at
any time for a period not exceeding 12 months from the date of such agreement. If
the work of the arbitral tribunal has been
suspended for more than 12 months, the
authority for establishment of the tribunal
shall lapse unless the disputing Parties
agree otherwise.
2. The disputing Parties may agree to terminate the proceedings of an arbitral
tribunal in the event that a mutually satisfactory solution to the dispute has been
found.
Article 15.11: Initial Report
1. The reports of the arbitral tribunal shall be drafted without the presence of
the Parties and shall be based on the relevant provisions of this Agreement and
the submissions and arguments of the Parties.
2. Unless the disputing Parties otherwise agree, the arbitral tribunal shall:
(a) within 90 days after the last arbitrator is selected; or
(b) in cases of urgency including those relating to perishable goods within
60 days after the last arbitrator is selected,
present to the disputing Parties an initial report.
3. The initial report shall contain:
(a) findings of fact;
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15-9
administrative steps, which the Party will take to implement the decision of the
arbitral tribunal.
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3. A complaining Party may suspend the application of benefits of equivalent
effect to the responding Party 30 days after the end of the reasonable period of
time established in accordance with Article 15.13. Benefits may not be suspended
while the complaining Party is pursuing negotiations under Paragraphs 1 or 2.
4. Compensation and the suspension of benefits shall be temporary measures.
Neither compensation nor the suspension of benefits is preferred to full
implementation of a decision to bring a
measure into conformity with this
Agreement. Compensation and suspension of benefits shall only be applied until
such time as the measure found to be in
consistent with this Agreement has been
removed, or the Party that must implement
the arbitral tribunal
’s decision has done
so, or a mutually satisfactory solution is reached.
5. In considering what benefits
to suspend pursuant to Paragraph 3:
the complaining Party should first seek to suspend benefits in the same
sector(s) as that affected by the measure or other matter that the arbitral
tribunal has found to be inconsistent with the obligations derived of this
Agreement or to have caused nullification or impairment in the sense of
Annex 15.A; and
if the complaining Party considers that it is not practicable or effective to
suspend benefits in the same sector(s), it may suspend benefits in other
sectors. The communication in which it announces such a decision shall
indicate the reasons on which it is based.
6. Upon written request of the Party concerned, the original arbitral tribunal
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2. If the arbitral tribunal decides that the responding Party has eliminated the
non-conformity or the nullification or
impairment, the complaining Party shall
promptly reinstate any benefits it has suspended under in Article 15.15.
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Annex 15.A
Nullification or Impairment
If any Party considers that any benefits it could reasonably have expected to
accrue to it under any provision of:
(a) Chapters 3 through 5 (
Trade in Goods, Rules of Origin and Customs
Procedures
(b) Chapter 8 (
Technical Barriers to Trade
(c) Chapter 11 (
Government Procurement
(d) Chapter 12 (
Trade in Services
is being nullified or impaired as a result of
the application of any measure that is
not inconsistent with this Agreement, the Party may have recourse to dispute
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Annex 15.B
Model Rules of Procedure
for Arbitral Tribunals
General provisions
1. For the purpose of Chapter 15 and this Annex:
arbitral tribunal
means an arbitral tribunal established pursuant to Article 15.6
Establishment of an Arbitral Tribunal)
complaining Party
means Party that requests the establishment of an arbitral
tribunal under Article 15.6 (
Establishment of an Arbitral Tribunal
);
disputing Party
or
Parties
means the Party or Parties to the dispute;
means a Party to this Agreement which has notified its interest in the
dispute to the Parties to the dispute in accordance with Paragraph 8.
responding Party
means a Party that has been complained against pursuant to
Article 15.6 (
Establishment of an Arbitral Tribunal
Notifications
2. Any request, notice, written submissions or other document shall be
delivered by a Party or the arbitral tribunal by delivery against receipt, registered
post, courier, facsimile transmission, telex, telegram or any other means of
telecommunication that provides a record of the sending thereof.
3. A disputing Party shall provide a copy of each of its written submissions to
the other disputing Party or Parties, to a third Party, and to each of the arbitrators.
A copy of the document shall also be provided in electronic format.
4. All notifications shall be made and del
ivered to each disputing Party and any
third Party.
5. Minor errors of a clerical nature in any request, notice, written submission or
other document related to the arbitral tribunal proceeding may be corrected by
delivery of a new document cl
early indicating the changes.
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6. If the last day for delivery of a document falls on a legal holiday of a
disputing Party or third Party, the document may be delivered on the next business
day.
Commencing the arbitration
15-15
14. The drafting of any decision and ruling shall remain the exclusive
responsibility of the arbitral tribunal.
15. Where a procedural questi
on arises that is not covered by these rules, an
arbitral tribunal may adopt an appropriate procedure that is not inconsistent with
this Agreement.
16. When the arbitral tribunal considers t
hat there is a need to modify any time
period applicable in the proceeding, or to make any other procedural or
administrative adjustment in the proceeding, it shall inform the disputing Parties
and any third Party in writing of the reasons for the modification or adjustment with
the indication of the period or adjustment needed.
17. The Chair shall fix the date and time of the hearing in consultation with the
disputing Parties and the other members of
the arbitral tribunal. The Chair shall
notify in writing to the disputing Parties and any third Party the date, time and
location of the hearing. Unless either of the disputing Parties disagrees, the
arbitral tribunal may decide not to convene a hearing.
18. Unless the disputing Parties otherwise agree, the hearing shall be held in
the responding Party’s territory. The responding Party shall be in charge of the
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22. The arbitral tribunal shall conduc
t the hearing in the following manner:
argument of the complaining Party or Parties; argument of the responding Party;
rebuttal arguments of the disputing Parties; the views of third Parties; the reply of
the complaining Party; the counter-reply of the responding Party. The Chair may
15-17
Ex parte contacts
comments.
32. When a request is made for a written report of an expert, any time period
applicable to the arbitral tribunal pr
oceeding shall be suspended for a period
beginning on the date of delivery of the request and ending on the date the report
is delivered to the arbitral tribunal.
Amicus curiae
submissions
33. The arbitral tribunal shall have the authority to accept and consider
submissions from any persons and entities in the territories of the disputing
Parties and from interested persons and entities outside the territory of the
disputing Parties.
34. Any such submissions shall fulfil the following requirements: be made within
10 days following the composition of the
arbitral tribunal; are concise and in no
case longer than 15 typed pages, included any annexes; and are directly relevant
to the factual and legal issue under consideration by the arbitral tribunal.
35. The submission shall contain a descript
15-18
Cases of urgency
37. In cases of urgency referred to in Article 15.4 (
Consultations
), the arbitral
tribunal shall appropriately adjust the time periods mentioned in these rules.
16-1
CHAPTER 16
STRATEGIC PARTNERSHIP
Article 16.1: Definitions
For the purposes of this Chapter,
primary industry
encompasses activities
in the agriculture and fisheries sectors (including activities in production,
harvesting, processing and manufacturing of food products and their derivatives)
and the forestry sector.
Article 16.2: Objectives
1. The Parties agree to establis
h a framework for cooperation between two or
more of the Parties as a means to expand and enhance the benefits of this
16-2
objectives and principles of this Agreement. Cooperation among the Parties may
be extended to other areas as agreed by the Parties.
2. Possible areas of cooperation w
ill be developed through Implementing
Arrangements.
3. Cooperation among the Parties should contribute to achieving the objectives
of the Trans-Pacific Strategic Economic Partnership Agreement through the
identification and development of innov
ative cooperation programmes capable of
providing added value to their relationships.
4. Cooperation among the Parties under
this Chapter will supplement the
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(f) stimulating and facilitating actions
of public and/or private sectors in
areas of economic interest, including to explore opportunities in third
16-4
Article 16.6: Education
1. The aims of education cooperation will be:
(a) to build on existing agreements or arrangements already in place for
cooperation in education; and
16-5
higher learning on academic credit transfer and the possibility of mutual
recognition of qualifications;
(f) collaboration on the development of innovative quality assurance
resources to support learning and assessment, and the professional
development of teachers and trainers in training and vocational
education; and
(g) encouraging and facilitating the de
velopment of public and / or private
ventures in education.
Article 16.7: Cultural Cooperation
The aims of cultural cooperation will be to:
(a) build on existing agreements or arrangements already in place for
cultural cooperation; and
(b) promote the exchange of information and practice among the Parties.
Article 16.8: Primary Industry
1. The aims of cooperation in primary industry, carried out in the mutual
interest of all Parties and in compliance with their policies, will be:
(a) to build on existing Agreements or Arrangements already in place for
cooperation in agriculture and forestry;
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2. In pursuit of the objectives in Paragraph 1, the Parties will encourage and
facilitate, as appropriate, the following activities in the primary industry sectors
including, but not limited to:
(a) encouraging the expansion of opportunities for contact;
(b) promoting the exchange of information, ideas and research;
(c) encouraging specific industry exchanges and joint ventures, including in
relation to research, to develop the primary industry sectors;
(d) encouraging universities in their countries to strengthen their links in the
area of primary industry sectors including through the exploration of
multi-disciplinary and multi-institutional degree courses; and
(e) encouraging the promotion of primary industry sectors related education
services and other activities.
3. To facilitate cooperation in the primary industry sectors, the Parties will also
work towards:
(a) promoting compliance with, and enforcement of, international rules
relating to trade in primary industry sectors products;
(b) promoting transparency and public
participation in decision-making
relating to the Parties’ primary industry sectors; and
(c) identifying and resolving issues that hamper the effectiveness of
cooperation in the primary industry sectors.
Article 16.9: Mechanisms for Cooperation
1. The Parties will designate a contact point to facilitate communication on
possible cooperation activities. The contact point will work with government
agencies, private sector representatives and educational and research institutions
in the operation of this Chapter.
2. The Parties agree that the mechanisms for cooperation will take the form of:
(a) regular meetings of the Commission to discuss cooperative areas of
interest; and
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Institutes, and universities) of the Parties to help foster closer
cooperation in thematic areas.
3. The Parties will make maximum use of diplomatic channels to promote
dialogue and cooperation consistent with this Agreement.
Article 16.10: Cooperation with Non-Parties
The Parties recognise the value of international cooperation for the
promotion of sustainable development and agree to develop, where appropriate,
projects of mutual interest, with non-Parties.
Article 16.11: Resources
With the aim of contributing to fulfilling the cooperation objectives of this
Agreement, the Parties commit themselves to providing, within the limits of their
own capacities and through their own channels, the appropriate resources,
including financial resources.
Article 16.12: Specific Functions for the Commission in Cooperation Matters
Notwithstanding the provisions of Article 17.2 (
Functions of the Commission
the Commission shall have, in particular, the following functions:
(a) oversight of the implementation of the cooperation framework agreed by
the Parties;
(b) encouraging the Parties to undertake cooperation activities under the
cooperation framework agreed by the Parties;
(c) making recommendations on the cooperation activities under this
Chapter, in accordance with the strategic priorities of the Parties; and
(d) review, through regular reporting from each Party, the operation of this
Chapter and the application and fulfillment of its objectives.
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CHAPTER 17
ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 17.1: Establishment of the Trans-Pacific Strategic Economic
Partnership Commission
The Parties hereby establish a Trans-Pacific Strategic Economic
Partnership Commission (Commission) which
may meet at the level of Ministers or
senior officials, as mutually determined
the Parties. Each Party shall be
responsible for the composition of its delegation.
Article 17. 2: Functions of the Commission
1. The Commission shall:
(a) consider any matters relating to
the implementation of this Agreement;
(b) review within 2 years of entry into force of this Agreement and at least
every 3 years thereafter the economic relationship and partnership
among the Parties, consider any proposal to amend this Agreement or
its Annexes and otherwise
oversee the further elaboration of this
Agreement;
(c) supervise the work of all Committees and working groups established
under this Agreement;
(d) explore measures for the further expansion of trade and investment
among the Parties and identify appropriate areas of commercial,
17-2
(b) further the implementation of the Agreement’s objectives by approving
any modifications
inter alia
(i) the Schedules contained in Annex I (
Elimination of Customs
Duties
), by accelerating the elimination of customs duties;
(ii) the rules of origin established in Annex II (
Specific Rules of
(iii) the lists of entities and covered goods and services and
thresholds contained in Annexes
11.A and 11.C of the Chapter
11 (
Government Procurement
(c) further the implementation of the Agreement’s objectives through
Implementing Arrangements;
(d) seek to resolve differences or disputes that may arise regarding the
The acceptance of any modification by a Party is subject to the completion of any necessary
domestic legal procedures of that Party. Chile shall implement the actions of the Commission
through
Acuerdos de Ejecución
, in accordance with article 50, numeral 1, second paragraph, of the
Constitución Política de la República de Chile
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3. The Party chairing a session of the Commission shall provide any necessary
administrative support for such session. Decisions of the Commission shall be
notified to the Parties by the Party chairing that session of the Commission.
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CHAPTER 18
GENERAL PROVISIONS
Article 18.1: Annexes and Footnotes
The Annexes and footnotes to this Agreement shall constitute an integral
part of this Agreement.
Article 18.2: Relation to Ot
her International Agreements
Nothing in this Agreement shall derogate from the existing rights and
obligations of a Party under the WTO Agreement or any other multilateral or
bilateral agreement to which it is a party.
Article 18.3: Succession of Treaties or International Agreements
Any reference in this Agreement to any other treaty or international
agreement shall be made in the same terms to its successor treaty or international
agreement to which a Party is party.
Article 18.4: Application
Each Party is fully responsible for the
observance of all provisions in this
Agreement and shall take such reasonable measures as may be available to it to
ensure their observance by local government and authorities.
Article 18.5: Distinctive Products
1. The Parties shall endeavour after one year following the entry into force of
this Agreement, that they will consider the recognition of distinctive products.
2. If any Party grants in the future to a third party recognition of distinctive
products, it shall extend this recognition
automatically to it on a non discrminatory
basis.
For greater certainty, this does not pre-judge the rights of the Parties under Chapter 15 (
Dispute
18-2
Article 18.6: Disclosure of Information
Nothing in this Agreement shall be construed to require any Party to furnish
or allow access to information the disclosure of which it considers would:
19-1
CHAPTER 19
GENERAL EXCEPTIONS
Article 19.1: General Exceptions
1. For the purposes of Chapters 3 through 8 (
Trade in Goods, Rules of Origin,
Customs Procedures, Sanitary and Phytosanitary Measures, Technical Barriers to
Trade and Trade Remedies
“Creative arts” include: the performing arts – including theatre, dance and music – visual arts and
craft, literature, film and video, language arts, creative on-line content, indigenous traditional
practice and contemporary cultural expression, and digital interactive media and hybrid art work,
including those that use new technologies to transcend discrete art form divisions. The term
encompasses those activities involved in the present
ation, execution and interpretation of the arts;
and the study and technical development of these art forms and activities.
19-2
Article 19.2: Security Exceptions
1. Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or allow access to any information the
For greater certainty, nothing in this Agreement shall be construed to prevent a Party from taking
any action which it considers necessary for the protection of critical infrastructure from deliberate
attempts intended to disable or
degrade such infrastructure.
19-3
(b) avoid unnecessary damage to the commercial, economic and financial
interests of the other Parties;
(c) not exceed those necessary to deal with the circumstances described in
Paragraph 1;
(d) be temporary and be phased out progressively as the situation specified
in Paragraph 1 improves; and
(e) be applied on a non di
scriminatory basis.
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20-1
CHAPTER 20
FINAL PROVISIONS
Article 20.1: Investment Negotiations
Unless otherwise agreed, no later than 2 years after entry into force of this
Agreement the Parties shall commence negotiations with a view to including a
chapter on investment in this Agreement on a mutually advantageous basis.
Article 20.2: Financial Services Negotiations
Unless otherwise agreed, no later than 2 years after the entry into force of
this Agreement the Parties shall commence
negotiations with a view to including a
self-contained chapter on financial services in this Agreement on a mutually
advantageous basis.
Article 20.3: Signature
1. This Agreement shall be open for signature by Brunei Darussalam, Chile,
New Zealand and Singapore and shall remain open for signature for a period of
6 months from 15 June 2005.
2. This Agreement shall be subject to
ratification, acceptance or approval by
Article 20.4: Entry into Force
1. This Agreement shall enter into force on 1 January 2006 for those
signatories which have deposited an Instrum
ent of Ratification, Acceptance or
Approval provided that at least two si
gnatories have deposited such instrument by
that date.
2. In the event that only one signatory has deposited an Instrument of
Ratification, Acceptance or Approval before 1 January 2006, this Agreement shall
enter into force 30 days after the deposit of the second such instrument.
3. For signatories that deposit an Instrument of Ratification, Acceptance or
Approval after 1 January 2006, the Agreement shall enter into force 30 days
following the date of deposit of such instrument.
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Article 20.5: Brunei Darussalam
1. Subject to Paragraphs 2 to 6, this
Agreement shall be provisionally applied
in respect of Brunei Darussalam from 1 January 2006, or 30 days after the deposit
of an instrument accepting provisional application of this Agreement, whichever is
the later.
2. The provisional application referred
to in Paragraph 1 shall not apply to
Chapter 11 (
Government Procurement
) and Chapter 12 (
Trade in Services
3. The obligations of Chapter 9 (
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Article 20.7: Amendments
1. The Parties may agree on any modification of or addition to this Agreement.
2. When so agreed, and approved in
accordance with the applicable legal
procedures of each Party, a modification or
addition shall constitute an integral part
of this Agreement.
3. If any provision of the WTO Agreement that the Parties have incorporated
20-4
4. Following entry into force of this Agreement, the Depositary shall transmit a
TRANS PACIFIC STRATEGIC ECONOMIC PARTNERSHIP AGREEMENT