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JAPAN-CHILE
Japan-Chile FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Chile Japan

Agreement between Japan and the Republic of Chile for a Strategic Economic Partnership

Status : Signed in 2007 .  In force since 2007
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2007
Agreement text : 
http://www.mofa.go.jp/region/latin/chile/joint0703/agreement.pdf
Other links : 
http://www.mofa.go.jp/policy/economy/fta/chile.html
WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG234/1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list, see Annex 1 (http://www.mofa.go.jp/region/latin/chile/joint0703/annex.pdf)

Rules of Origin
Ch 4, Sec 1

Contingency Measures
   Anti - Dumping : n.a.
   Countervailing Duties : n.a.
   Safeguards : Article 19 and Sect 2: allowed in accordance with the conditions established under Article XII of the GATT 1994 and the Understanding on the Balanceof- Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement

Standards : n.a.
Notes:
Note on implementation at http://www.mofa.go.jp/region/latin/chile/joint0703/implementing.pdf
SERVICES
WTO Notification (GATS Art. V)Notified
       Date of notification 24/08/2009

       Consideration Process : Factual Presentation issued


Liberalization ApproachNegative Lists

Modes Covered
Cross-border supply (Mode1)
Consumption abroad (Mode2)
Presence of natural persons (Mode4)

Specific Chapters on
Financial services

Specific Sectors Excluded
Air transport
Other
              This Chapter does not apply to Cabotage in maritime transport services.

Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Binding

National Treatment : Binding

Market Access : Not featured

Domestic Regulation : Non-binding (NAFTA-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          n.a


Notes :
          


Link to schedules :Annex 6: http://www.mofa.go.jp/region/latin/chile/joint0703/annex.pdf
INVESTMENT
Scheduling ApproachNegative Lists

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding
                           
National Treatment : Binding
                           NT provision applies to entry and establishment rights

Fair and Equitable Treatment : Binding
                           
Expropriation : Binding
                           
Board of Directors and executive personnel : Binding

Invester - State arbitration :

Denial of Benefits :
          Article 86. Denial of Benefits 1.A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party and to its investments if the enterprise is owned or controlled by an investor of a non-Party and the denying Party: (a)does not maintain diplomatic relations with the non-Party; or (b)adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits or this Chapter were accorded to the enterprise or to its investments. 2.A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party and to its investments if the enterprise is owned or controlled by an investor of a non-Party and the denying Party and the enterprise has no substantial business activities in the Area of the other Party, subject to prior notification to and consultation with the other Party.


Additional BIT exists between the parties :
          BIT list I :
                    Status:
          BIT list II :
                    Status:

Notes :
          


Link to schedules :
TRADE FACILITATION
Customs procedures : Yes Chapter 5
Customs valuation : Yes Article 14
Trade regulations publication and administration (transparency) : No
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : Yes Article 156
Investment : Yes
Competition Policy : Yes
Intellectual Property : Yes Ch 13
Dispute Settlement : Yes Ch 8, Sec 2 (Investor-State), Ch 16 (State-State)
Labor Mobility : No Ch 11
Labor and Environmental Standards : Yes Article 87, Environmental Standards
Technical cooperation : No
Institutional mechanism : No
Notes:
The Agreement encompasses the cross-border flows of goods, persons, investment, and services. It also covers the protection of intellectual property, the enhancement of opportunities for suppliers to participate in government procurement, the promotion of fair and free competition and the improvement of business environment.
RULES OF ORIGIN
Cumulation
Article 33: bilateral
Specific Process
Heading Change
Article 29.3
De Minimis
Article 32
Minimum Content
Article 30
Drawback
Http Link
Notes
Chapter 4, Section 1
JAPAN-CHILE
Japan-Chile FTA&EIA

Member Countries
Chile
Japan
Total: 2 countries

Agreement between Japan and the Republic of Chile for a Strategic Economic Partnership

Status : Signed in 2007 .  In force since 2007
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2007
Agreement text : 
http://www.mofa.go.jp/region/latin/chile/joint0703/agreement.pdf

Other links : 
http://www.mofa.go.jp/policy/economy/fta/chile.html

WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG234/1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list, see Annex 1 (http://www.mofa.go.jp/region/latin/chile/joint0703/annex.pdf)


Rules of Origin
Ch 4, Sec 1


Contingency Measures
Anti - Dumping : n.a.
Countervailing Duties : n.a.
Safeguards : Article 19 and Sect 2: allowed in accordance with the conditions established under Article XII of the GATT 1994 and the Understanding on the Balanceof- Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement

Standards : n.a.

Notes:
Note on implementation at http://www.mofa.go.jp/region/latin/chile/joint0703/implementing.pdf


SERVICES
WTO Notification (GATS Art. V)Notified
Date of notification : 24/08/2009
Consideration Process : Factual Presentation issued

Liberalization ApproachNegative Lists

Modes Covered
Cross - Border Supply : Yes
Consumption Abroad : Yes
Movement of Natural Persons : Yes

Specific Chapters on
Financial services : Yes
Specific Sectors Excluded
Air transport : Yes
Other : Yes
This Chapter does not apply to Cabotage in maritime transport services.
Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Binding

National Treatment : Binding

Market Access : Not featured

Domestic Regulation : Non-binding (NAFTA-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
n.a


Notes:

Link to schedules :Annex 6: http://www.mofa.go.jp/region/latin/chile/joint0703/annex.pdf


INVESTMENT
Scheduling ApproachNegative Lists

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding

National Treatment : Binding

NT provision applies to entry and establishment rights : Yes

Fair and Equitable Treatment : Binding


Expropriation : Binding


Board of Directors and executive personnel : Binding

Invester - State arbitration : Yes

Denial of Benefits :
Article 86. Denial of Benefits 1.A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party and to its investments if the enterprise is owned or controlled by an investor of a non-Party and the denying Party: (a)does not maintain diplomatic relations with the non-Party; or (b)adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits or this Chapter were accorded to the enterprise or to its investments. 2.A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party and to its investments if the enterprise is owned or controlled by an investor of a non-Party and the denying Party and the enterprise has no substantial business activities in the Area of the other Party, subject to prior notification to and consultation with the other Party.


Additional BIT exists between the parties :No

BIT list I :
Status:
BIT list II :
Status:

Notes :


Link to schedules :

TRADE FACILITATION
Customs procedures : Yes Chapter 5
Customs valuation : Yes Article 14
Trade regulations publication and administration : No
Use of ICT : No
Mobility of business people : No
Freedom of transit : No
Transport and logistics : No
Trade finance : No

OTHER AREAS
Government Procurement : Yes Article 156
Investment : Yes
Competition Policy : Yes
Intellectual Property : Yes Ch 13
Dispute Settlement : Yes Ch 8, Sec 2 (Investor-State), Ch 16 (State-State)
Labor Mobility : No Ch 11
Labor and Environmental Standards : Yes Article 87, Environmental Standards
Technical cooperation : No
Institutional mechanism : No

Notes:
The Agreement encompasses the cross-border flows of goods, persons, investment, and services. It also covers the protection of intellectual property, the enhancement of opportunities for suppliers to participate in government procurement, the promotion of fair and free competition and the improvement of business environment.


RULES OF ORIGIN
Cumulation
Article 33: bilateral
Specific Process

Heading Change
Article 29.3
De Minimis
Article 32
Minimum Content
Article 30
Drawback

Http Link

Notes
Chapter 4, Section 1
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