| Index |
|
| |
|
|
| |
Preamble |
|
|
Chapter One |
Initial Provisions |
 |
|
Article 1.1 |
Establishment of a Free Trade Area |
|
| Article 1.2 |
Relation to Other Agreements |
|
|
Chapter Two |
General Definitions |
|
| Article 2.1 |
Definitions of General Application |
|
| |
Annex
2-A: Country-Specific Definitions |
|
|
Chapter Three |
National Treatment and Market Access for Goods |
|
|
Section A |
Definitions |
|
|
Article 3.1 |
Definitions |
|
| Article 3.2 |
Scope
and Coverage |
|
| Section B |
National Treatment |
|
| Article 3.3 |
National Treatment |
|
| Section C |
Tariff Elimination |
|
| Article 3.4 |
Tariff Elimination |
|
| Article 3.5 |
Customs
Valuation |
|
|
Section D |
Special Regimes |
|
| Article 3.6 |
Temporary Admission of Goods |
|
| Article 3.7 |
Goods
Re-entered after Repair or Alteration |
|
| Article 3.8 |
Customs
Duty-Free Entry of Commercial Samples of
Negligible Value and Printed Advertising
Materials |
|
|
Section E |
Non-Tariff Measures |
|
| Article 3.9 |
Import and Export Restrictions |
|
| Article 3.10 |
Administrative Fees and Formalities |
|
| Article 3.11 |
Export Taxes |
|
| Article 3.12 |
Treatment of Certain Spirits |
|
| Section F |
Agriculture |
|
| Article 3.13 |
Agricultural Export Subsidies |
|
|
Section G |
Other Measures |
|
|
Article 3.14 |
Administration of Trade Regulations |
|
| Section H |
Institutional Provisions |
|
| Article 3.15 |
Committee on Trade in Goods |
|
| |
Annex 3-A:
Exceptions to Elimination of Import and
Export Restrictions |
|
| |
Annex 3-B:
Elimination of Costum Duties |
|
| |
Section 1:
Schedule
of Australia
 |
|
| |
Section 2:
Schedule
of Chile
|
|
| Chapter Four |
Rules of Origin |
|
| Article 4.1 |
Definitions |
|
| Article 4.2 |
Originating Goods |
|
| Article 4.3 |
Wholly
Obtained Goods |
|
| Article 4.4 |
Cumulation |
|
| Article 4.5 |
De
Minimis |
|
| Article 4.6 |
Accessories, Spare Parts and Tools |
|
| Article 4.7 |
Fungible Goods and Materials |
|
| Article 4.8 |
Packaging Materials and Containers |
|
| Article 4.9 |
Sets or
Composite Goods |
|
| Article 4.10 |
Indirect Material |
|
| Article 4.11 |
Regional Value Content |
|
| Article 4.12 |
Calculation of the Value of Non-Originating
Material |
|
| Article 4.13 |
Non-Qualifying Operations |
|
| Article 4.14 |
Recording of Costs |
|
| Article 4.15 |
Third
Country Transhipment |
|
| Article 4.16 |
Certificate of Origin |
|
| Article 4.17 |
Exceptions from Certificate of Origin |
|
| Article 4.18 |
Claim
for Preferential Tariff Treatment |
|
| Article 4.19 |
Customs
Duty Refund |
|
| Article 4.20 |
Records |
|
| Article 4.21 |
Obligations Regarding Exportation |
|
| Article 4.22 |
Origin
Verification |
|
| Article 4.23 |
Verification Visit |
|
| Article 4.24 |
Determination of Origin and Preferential
Tariff Treatment |
|
| Article 4.25 |
Appeal |
|
| Article 4.26 |
Consultation, Review and Modification |
|
| Article 4.27 |
Non-Party Invoices |
|
| Article 4.28 |
Confidentiality |
|
| Article 4.29 |
Goods
in Storage |
|
| |
Annex
4-A: Minimum Requirements for a Certificate
of Origin |
|
| |
Annex
4-B: Example of a Certificate of Origin |
|
| |
Australia-Chile Free Trade
Agreement-Certificate of Origin Instructions |
|
| |
Annex
4-C: Rules of Origin Schedule |
|
| |
Headnotes |
|
| |
Rules of Origin Schedule |
|
| |
Part 1: Interpretation and Chapters 1 -
36
 |
|
| |
Part 2: Chapters 37 – 83
|
|
| |
Part 3: Chapters 84 – 97 |
|
| Chapter Five |
Customs Administration |
|
| Article 5.1 |
Definitions |
|
| Article 5.2 |
Scope
and Coverage |
|
| Article 5.3 |
Publication and Enquiry Points |
|
| Article 5.4 |
Review
and Appeal |
|
| Article 5.5 |
Penalties / Sanctions |
|
| Article 5.6 |
Customs
Procedures and Facilitation |
|
| Article 5.7 |
Risk
Management |
|
| Article 5.8 |
Cooperation |
|
| Article 5.9 |
Confidentiality |
|
| Article 5.10 |
Advance Rulings |
|
| Article 5.11 |
Paperless Trading |
|
| Article 5.12 |
Fees
and Charges |
|
| Chapter Six |
Sanitary and Phytosanitary Measures |
|
| Article 6.1 |
Definitions |
|
| Article 6.2 |
Objectives |
|
| Article 6.3 |
Scope and Coverage |
|
| Article 6.4 |
General
Provisions |
|
| Article 6.5 |
Consultations on and Implementation of Sanitary and Phytosanitary Measures |
|
| Chapter Seven |
Technical
Regulations, Standards and Conformity
Assessment Procedures |
|
| Article 7.1 |
Definitions |
|
| Article 7.2 |
Objectives |
|
| Article 7.3 |
Scope and Coverage |
|
| Article 7.4 |
Affirmation of Agreement on Technical Barriers to Trade |
|
| Article 7.5 |
International Standards |
|
| Article 7.6 |
Trade Facilitation |
|
| Article 7.7 |
Technical Regulations |
|
| Article 7.8 |
Conformity Assessment
Procedures |
|
| Article 7.9 |
Transparency |
|
| Article 7.10 |
Committee on Technical Barriers to Trade |
|
|
Article 7.11 |
Information Exchange |
|
| Chapter Eight |
Trade Remedies |
|
| Article 8.1 |
Global
Safeguards |
|
| Article 8.2 |
Antidumping and Countervailing Duties |
|
| Chapter Nine |
Cross-Border Trade in Services |
|
| Article 9.1 |
Definitions |
|
| Article 9.2 |
Scope and Coverage |
|
| Article 9.3 |
National Treatment |
|
| Article 9.4 |
Most-Favoured-Nation Treatment |
|
| Article 9.5 |
Market
Access |
|
| Article 9.6 |
Local
Presence |
|
| Article 9.7 |
Non-Conforming Measures |
|
| Article 9.8 |
Domestic Regulation |
|
| Article 9.9 |
Recognition |
|
| Article 9.10 |
Denial
of Benefits |
|
| |
Annex 9-A:
Professional Services |
|
|
Chapter Ten |
Investment |
|
| Article 10.1 |
Definitions |
|
|
Section A |
Investment |
|
|
Article 10.2 |
Scope
and Coverage |
|
| Article 10.3 |
National Treatment |
|
| Article 10.4 |
Most-Favored-Nation Treatment |
|
| Article 10.5 |
Minimum Standard of Treatment |
|
| Article 10.6 |
Treatment in Case of Strife |
|
| Article 10.7 |
Performance Requirements |
|
| Article 10.8 |
Senior Management and Boards of Directors |
|
| Article 10.9 |
Non-Conforming Measures |
|
| Article 10.10 |
Transfers |
|
| Article 10.11 |
Expropriation and Compensation |
|
| Article 10.12 |
Special Formalities and Information Requirements |
|
| Article 10.13 |
Denial of Benefits |
|
|
Section B |
Investor-State Dispute Settlement |
|
| Article10.14 |
Scope
of Investor-State Dispute Settlement |
|
| Article 10.15 |
Consultation and Negotiation |
|
| Article 10.16 |
Submission of a Claim to Arbitration |
|
| Article 10.17 |
Consent of Each Party to Arbitration |
|
| Article 10.18 |
Conditions and Limitations on Consent of Each Party |
|
| Article 10.19 |
Selection of Arbitrators |
|
| Article 10.20 |
Conduct of the Arbitration |
|
| Article 10.21 |
The
non-disputing Party |
|
| Article 10.22 |
Transparency of Arbitral Proceedings |
|
| Article 10.23 |
Governing Law |
|
| Article 10.24 |
Interpretation of Annexes |
|
| Article 10.25 |
Expert Reports |
|
| Article 10.26 |
Consolidation |
|
| Article 10.27 |
Awards |
|
| Article 10.28 |
Service of Documents |
|
| |
Annex 10-A: Customary International Law |
|
| |
Annex 10-B:
Expropriation |
|
| |
Annex 10-C:
Transfers |
|
| |
Annex 10-D:
DL 600 |
|
| |
Annex 10-E:
Termination of the Bilateral Investment
Agreement |
|
| |
Annex 10-F:
Service of Documents on a Party Under
Section B |
|
|
Chapter Eleven |
Telecommunications |
|
| Article 11.1 |
Definitions |
|
| Article 11.2 |
Scope and Coverage |
|
|
Section A |
Access to and Use of Public Telecommunications Networks
or Services |
|
| Article 11.3 |
Access
and Use |
|
|
Section B |
Suppliers of Public Telecommunications
Networks or Services |
|
|
Article
11.4 |
Interconnection |
|
|
Article
11.5 |
Number
Portability |
|
|
Article
11.6 |
Dialing
Parity and Access to Telephone Numbers |
|
|
Article
11.7 |
Submarine Cable Systems |
|
|
Section C |
Conduct
of Major Suppliers of Public
Telecommunications Networks and Services |
|
|
Article
11.8 |
Major
Supplier Competitive Safeguards |
|
| Article 11.9 |
Treatment by Major Suppliers |
|
| Article 11.10 |
Interconnection with Major
Suppliers |
|
| Article 11.11 |
Resale |
|
| Article 11.12 |
Unbundling of Network Elements |
|
| Article 11.13 |
Provisioning and Pricing of Leased Circuits |
|
| Article 11.14 |
Co-locations |
|
| Article 11.15 |
Access
to Poles, Ducts, Conduits, Transmission
Towers, Underground Facilities and Rights of
Way |
|
| Article 11.16 |
Denial
of Access |
|
|
Section D |
Regulatory Measures |
|
| Article 11.17 |
Independent Regulatory Bodies |
|
| Article 11.18 |
Flexibility in the Choice of Technology |
|
| Article 11.19 |
Universal Service |
|
| Article 11.20 |
Licensing Process |
|
| Article 11.21
|
Allocation and Use of Scarce Telecommunications Resources |
|
| Article 11.22 |
Enforcement |
|
| Article 11.23 |
Resolution of Telecommunications Disputes and Appeal Processes |
|
| Article 11.24 |
Transparency |
|
| Article 11.25 |
Industry Participation |
|
| Article 11.26 |
International Standards |
|
| Chapter Twelve |
Financial Services |
|
| Article 12.1 |
Definitions |
|
| Article 12.2 |
Scope and Coverage |
|
| Article 12.3 |
National Treatment |
|
| Article 12.4 |
Most-Favored-Nation Treatment |
|
| Article 12.5 |
Market Access for Financial Institutions |
|
| Article 12.6 |
Cross-Border Trade |
|
| Article 12.7 |
New Financial Services |
|
| Article 12.8 |
Treatment of Certain Information |
|
| Article 12.9 |
Senior Management and Boards of Directors |
|
| Article 12.10 |
Non-Conforming Measures |
|
| Article 12.11 |
Exceptions |
|
| Article 12.12 |
Recognition |
|
| Article 12.13 |
Transparency |
|
| Article 12.14 |
Self-Regulatory Organizations |
|
| Article 12.15 |
Payment and Clearing Systems |
|
| Article 12.16 |
Financial Services Committee |
|
| Article 12.17 |
Dispute Settlement |
|
| Article 12.18 |
Investment Disputes in Financial Services |
|
| |
Annex 12-A: Cross-Border Trade |
|
| |
Annex 12-B:
Annex on Specific Commitments |
|
| |
Annex 12-C:
Authorities Responsible for Financial
Services |
|
|
Chapter
Thirteen |
Temporary Entry for Business Persons |
|
|
Article 13.1 |
Definitions |
|
|
Article 13.2 |
Scope
and Coverage |
|
|
Article 13.3 |
General Obligations |
|
|
Article 13.4 |
Grant of Temporary Entry |
|
|
Article 13.5 |
Provision of Information |
|
|
Article 13.6 |
Consultations |
|
|
Article 13.7 |
Dispute Settlement |
|
|
Article 13.8 |
Relation to Other Chapters |
|
|
Article 13.9 |
Application of Regulations |
|
| |
Annex 13-A: Temporary Entry for Business Persons |
|
| Chapter
Fourteen |
Competition Policy |
|
| Article 14.1 |
Definitions |
|
| Article 14.2 |
Objectives |
|
| Article 14.3 |
Competition Law and Anticompetitive
Activities |
|
| Article 14.4 |
Enterprises with Special or Exclusive
Rights, including Designated Monopolies |
|
| Article 14.5 |
State Enterprises |
|
| Article 14.6 |
Notifications |
|
| Article 14.7 |
Consultations |
|
| Article 14.8 |
Exchange of Information, Transparency and
Confidentiality |
|
| Article 14.9 |
Dispute
Settlement |
|
| Article 14.10 |
Technical Assistance |
|
| Chapter
Fifteen |
Government Procurement |
|
| Article 15.1 |
Definitions |
|
| Article 15.2 |
Scope and Coverage |
|
| Article 15.3 |
General
Obligations |
|
| Article 15.4 |
National Treatment and Non-Discrimination |
|
| Article 15.5 |
Valuation of Contracts |
|
| Article 15.6 |
Prohibition of Offsets |
|
| Article 15.7 |
Publication of Procurement Measures |
|
| Article 15.8 |
Publication of Notice of Intended
Procurement |
|
| Article 15.9 |
Procurement Plans |
|
| Article 15.10 |
Time
Limits |
|
| Article 15.11 |
Tender
Documentation |
|
| Article 15.12 |
Technical Specifications |
|
| Article 15.13 |
Conditions for Participation |
|
| Article 15.14 |
Tendering Procedures |
|
| Article 15.15 |
Limited
Tendering |
|
|
Article 15.16 |
Treatment of Tenders and Awarding of
Contracts |
|
| Article 15.17 |
Information on Awards |
|
| Article 15.18 |
Domestic Review of Supplier Challenges |
|
| Article 15.19 |
Modifications and Rectifications |
|
| Article 15.20 |
Confidential Information |
|
| Article 15.21 |
Encouraging use of Electronic Communications
in Procurement |
|
| Article 15.22 |
Ensuring Integrity in Procurement Practices |
|
| Article 15.23 |
Exceptions |
|
| Article 15.24 |
Consultations on Government Procurement |
|
| Article 15.25 |
Further
Negotiations |
|
| |
Annex 15-A |
|
| |
Section
1: Central Government Entities |
|
| |
Section
2: Sub-Central Government Entities |
|
| |
Section
3: Other Covered Entities |
|
| |
Section
4: Goods |
|
| |
Section
5: Services |
|
| |
Section
6: Construction Services |
|
| |
Section
7: General Notes |
|
| |
Section
8: Threshold Adjustment Formulas |
|
|
Chapter
Sixteen |
Electronic Commerce |
|
| Article 16.1 |
Definitions |
|
| Article 16.2 |
General Provisions |
|
| Article 16.3 |
Electronic Supply of Services |
|
| Article 16.4 |
Customs
Duties |
|
| Article 16.5 |
Domestic Electronic Transactions Frameworks |
|
| Article 16.6 |
Electronic Authentication |
|
| Article 16.7 |
Online Consumer Protection |
|
| Article 16.8 |
Online Personal Data Protection |
|
| Article 16.9 |
Paperless Trading |
|
| Article 16.10 |
Consultations |
|
|
Chapter Seventeen |
Intellectual Property Rights |
|
| Article 17.1 |
Definitions |
|
| Article 17.2 |
Purpose |
|
| Article 17.3 |
General Provisions |
|
| Article 17.4 |
International Agreements |
|
| Article 17.5 |
National Treatment |
|
| Article 17.6 |
Application of Agreement to Existing Subject
Matter |
|
| Article 17.7 |
Application of Agreement to Prior Acts |
|
| Article 17.8 |
Industrial Property |
|
| |
TRADE
MARKS |
|
| Article 17.9 |
Trade
Marks Protection |
|
| Article 17.10 |
Use of
Identical or Similar Signs |
|
| Article 17.11 |
Exceptions to Trade Mark Rights |
|
| Article 17.12 |
Well Known Trade Marks |
|
| Article 17.13 |
Trade Mark System of Protection |
|
| Article 17.14 |
Electronic Trade Marks System |
|
| Article 17.15 |
Term of Protection for Trade Marks |
|
| Article 17.16 |
Classification of Goods and Services |
|
| Article 17.17 |
Geographical Indications |
|
| |
COUNTRY
NAMES |
|
| Article 17.18 |
Country Names |
|
| |
PATENTS |
|
| Article 17.19 |
Availability of Patents |
|
| Article 17.20 |
Exceptions to Patent Rights |
|
| Article 17.21 |
Patent System of Protection |
|
| Article 17.22 |
Grace Period for Patents |
|
| Article 17.23 |
Classification of Patents |
|
| |
DOMAIN NAMES |
|
| Article 17.24 |
Dispute Settlement and Registration Database |
|
| |
COPYRIGHT |
|
| Article 17.25 |
Right of Reproduction |
|
| |
RELATED RIGHTS |
|
| Article 17.26 |
Right of Reproduction |
|
| |
COMMON PROVISIONS TO COPYRIGHT AND RELATED RIGHTS |
|
| Article 17.27 |
Term of Protection for Copyright and Related Rights |
|
| Article 17.28 |
Effective Technological Measures |
|
| Article 17.29 |
Rights Management Information |
|
| Article 17.30 |
Government Use of Software |
|
| Article 17.31 |
Exceptions to Copyright and Related Rights |
|
| Article 17.32 |
Application in Time |
|
| |
ENCRYPTED PROGRAM-CARRYING SATELLITE SIGNALS |
|
| Article 17.33 |
Protection |
|
| |
ENFORCEMENT |
|
| Article 17.34 |
General |
|
| Article 17.35 |
Presumptions for Copyright and Related Rights |
|
| Article 17.36 |
Civil and Administrative Procedures and Remedies |
|
| Article 17.37 |
Provisional Measures |
|
| Article 17.38 |
Criminal Procedures and Remedies |
|
| Article 17.39 |
Border Measures |
|
| Article 17.40 |
Service Provider Liability |
|
| |
COOPERATION |
|
| Article 17.41 |
Cooperation |
|
|
Chapter Eighteen
|
Cooperation |
|
| Article 18.1 |
General
Objectives |
|
| Article 18.2 |
Scope |
|
| Article 18.3 |
Innovation, Research and Development |
|
| Article 18.4 |
Cooperation Committee |
|
| Article 18.5 |
Resources |
|
|
Chapter Nineteen |
Transparency |
|
| Article 19.1 |
Definitions |
|
| Article 19.2 |
Contact
Points |
|
| Article 19.3 |
Publication |
|
| Article 19.4 |
Notification and Provision of Information |
|
| Article 19.5 |
Administrative Proceedings |
|
| Article 19.6 |
Review
and Appeal |
|
| |
Annex 19-A:
Contact Points |
|
| Chapter Twenty |
Institutional
Arrangements |
|
| Article 20.1 |
Joint
FTA Committee |
|
|
Article 20.2 |
Meetings of the Joint FTA Committee |
|
| Chapter Twenty-One |
Dispute Settlement |
|
| Article 21.1 |
Scope
and Coverage |
|
| Article 21.2 |
Choice
of Dispute Settlement Procedure |
|
| Article 21.3 |
Consultations |
|
| Article 21.4 |
Referral of Matters to the Joint FTA
Committee |
|
| Article 21.5 |
Establishment of Arbitral Panels |
|
| Article 21.6 |
Terms
of Reference of Arbitral Panels |
|
| Article 21.7 |
Composition of Arbitral Panels |
|
| Article 21.8 |
Proceedings of Arbitral Panels |
|
| Article 21.9 |
Suspension or Termination of Proceedings |
|
| Article 21.10 |
Report |
|
| Article 21.11 |
Implementation of the Report |
|
| Article 21.12 |
Non-Implementation – Compensation and
Suspension of Concessions or other
Obligations |
|
| Article 21.13 |
Rules
of Procedure |
|
| Article 21.14 |
Application and Modification of Rules and
Procedures |
|
|
Chapter Twenty-Two |
General Provisions and
Exceptions |
|
| Article 22.1 |
General Exceptions |
|
| Article 22.2 |
Security Exceptions |
|
| Article 22.3 |
Taxation |
|
| Article 22.4 |
Restrictions to Safeguard the Balance of
Payments |
|
| Article 22.5 |
Disclosure of Information |
|
|
Chapter Twenty-Three |
Final Provisions |
|
| Article 23.1 |
Annexes and Footnotes |
|
| Article 23.2 |
Accession |
|
| Article 23.3 |
Amendments |
|
|
Article 23.4 |
Amendment of the WTO Agreement |
|
| Article 23.5 |
Entry into Force and Termination |
|
| Article 23.6 |
Authentic Texts |
|
| |
|
|
| Annexes |
Non-Conforming Measures |
|
| Annex I |
Cross-Border Trade in Services and
Investment |
|
| |
Formatting Note |
|
| |
Schedule of
Australia |
|
| |
Schedule
of Chile |
|
| Annex II |
Cross-Border Trade in Services and
Investment |
|
| |
Formatting Note |
|
| |
Australia Schedule |
|
| |
Chile Schedule
|
|
| Annex III |
Financial Services |
|
| |
Non-Conforming Measures of Australia |
|
| |
Introductory Note |
|
| |
Headnotes |
|
| |
Schedule of Australia |
|
| |
Non-Conforming Measures of Chile |
|
| |
Introductory Note |
|
| |
Headnotes |
|
| |
Schedule of Chile |
|
| |
|
|
|
Side Letters |
|
|
| |
Side Letter on Beef Grading |
|
| |
Side Letter on Rules of Origin Certification |
|
| |
Side Letter on Education Services
(applies also to Investment Chapter) |
|
| |
Side Letter on Wine (applies also to
Intellectual Property Chapter) |
|
| |
|
|
|
Full Text of the Agreement
|
|
Source:
Australian Customs and Border Protection
Service
; Department of Foreign Affairs and Trade, Australia
|
|
