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CHILE – U.S. Date of Signature: June 6, 2003 Chapter Twenty one: Administration of the Agreement |
DR - CAFTA Date of Signature: August 5, 2004 Chapter Nineteen: Administration of the Agreement and Trade Capacity Building |
Article 21.1: The Free Trade Commission |
Section A: Administration of the
Agreement |
1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. | 1. The Parties hereby establish the Free Trade Commission, comprising cabinet level representatives of the Parties, as set out in Annex 19.1 or their designees. |
2. The Commission shall: | 2. The Commission shall: |
(a) supervise the implementation of this Agreement; |
(a) supervise the implementation of this Agreement; |
(b) oversee the further elaboration of this Agreement; |
(b) oversee the further elaboration of this Agreement; |
(c) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement; |
(c) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement; |
(d) supervise the work of all committees and working groups established under this Agreement; |
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(e) establish the amounts of remuneration and expenses that will be paid to panelists; and |
NO CORRESPONDING PARAGRAPH |
(f) consider any other matter that may affect the operation of this Agreement. |
(e) consider any other matter that may affect the operation of this Agreement. |
3. The Commission may: | 3. The Commission may: |
(a) establish and delegate responsibilities to committees and working groups; |
(a) establish and delegate responsibilities to committees and working groups; |
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(i) the Schedules attached to Annex 3.3 (Tariff Elimination), by accelerating tariff elimination; |
(ii) the rules of origin established in Annex 4.1 (Specific Rules of Origin), |
(ii) the rules of origin established in Annex 4.1 (Specific Rules of Origin); |
(iii) the Common Guidelines referenced in Article 4.17 (Common Guidelines), and |
(iii) the Common Guidelines referenced in Article 4.21 (Common Guidelines); and |
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NO CORRESPONDING PARAGRAPH |
(c) issue interpretations of the provisions of this Agreement; |
NO CORRESPONDING PARAGRAPH |
(d) seek the advice of non-governmental persons or groups; and |
NO CORRESPONDING PARAGRAPH |
(e) take such other action in the exercise of its functions as the Parties may agree. |
NO CORRESPONDING PARAGRAPH | 4. Each Party shall implement, in accordance with its applicable legal procedures, any modification referred to in subparagraph 3(b) within such period as the Parties may agree. |
NO CORRESPONDING PARAGRAPH | 5. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by consensus, unless the Commission otherwise decides. |
NO CORRESPONDING PARAGRAPH | 6. The Commission shall convene at least once a year in regular session, unless the Commission otherwise decides. Regular sessions of the Commission shall be chaired successively by each Party. |
Article 21.2: Administration of Dispute Settlement Proceedings |
Article 19.3: Administration of Dispute Settlement Proceedings |
1. Each Party shall designate an office that shall provide administrative assistance to panels established under Chapter Twenty-Two (Dispute Settlement) and perform such other functions as the Commission may direct. |
1. Each Party shall:
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NO CORRESPONDING PARAGRAPH |
(b) notify the Commission of the location of its designated office. |
2. Each Party shall be responsible for the operation and costs of its designated office, and shall notify the Commission of the location of its office. |
2. Each Party shall be responsible for:
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Annex 21.1: Implementation of Modifications Approved by the Commission |
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Chile shall implement the actions of the Commission referenced in Article 21.1(3)(b) through Acuerdos de Ejecución, in accordance with article 50, numeral 1, second paragraph, of the Constitución Política de la República de Chile. | NO CORRESPONDING ANNEX |
Article 19.2: Free Trade Agreement Coordinators | |
NO CORRESPONDING ARTICLE |
1. Each Party shall appoint a free trade agreement coordinator, as set out in Annex 19.2. 2. The coordinators shall work jointly to develop agendas and make other preparations for Commission meetings and shall follow-up on Commission decisions, as appropriate. |
Section B: Trade Capacity Building
Article 19.4: Committee on Trade Capacity Building |
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NO CORRESPONDING ARTICLE |
1. Recognizing that
trade capacity building assistance is a catalyst for reforms and
investments necessary to foster trade-driven economic growth, poverty
reduction, and adjustment to liberalized trade, the Parties hereby
establish a Committee on Trade Capacity Building, comprising
representatives of each Party.
2. In furtherance of the Parties’ ongoing trade capacity building efforts and in order to assist each Central American Party and the Dominican Republic to implement this Agreement and adjust to liberalized trade, each such Party should periodically update and provide to the Committee its national trade capacity building strategy.
3.The Committee shall:
4. During the transition period, the Committee shall meet at least twice a year unless the Committee otherwise decides.
5. The Committee may establish terms of reference for the conduct of its work.
6. The Committee may establish ad hoc working groups, which may compromise government or non-government representatives, or both.
7. All decisions of the committee shall be taken by consensus, unless the committee otherwise decides.
8. The Parties hereby establish an initial working group on customs administration and trade facilitation, which shall work under and report to the Committee. |
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Annex 19.1 The Free Trade Commission |
NO CORRESPONDING ANNEX |
The Free Trade Commission shall be composed of:
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Annex 19.1.4 |
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NO CORRESPONDING ANNEX |
1. In the case of
Costa Rica, decisions of the Commission under Articles 19.1.3(b) will be
equivalent to the instrument referred to in article 121.4, third
paragraph (protocolo de menor rango) of the
Constitución Politica de la República de
Costa Rica.
2 . In the case of Honduras, decisions of the Commission under Article 19.1.3(b) will be equivalent to the instrument referred to in article 21 of the Constitución Política de la República de Honduras. |
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Annex 19.2
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The free trade agreement coordinators shall consist of:
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Annex 19.3 Remuneration and Payment of Expenses |
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1. The Commission shall establish the amount of remuneration and expenses that will be paid to the panelists and experts. 2. The remuneration of panelists and their assistants, experts, their travel and lodging expenses, and all general expenses of panels shall be borne equally by the disputing Parties. 3. Each panelist and expert shall keep a record and render a final account of the person’s time and expenses, and the panel shall keep a record and render a final account of all general expenses. |