Having reviewed Chapter G of the Canada-Chile Free Trade Agreement, the Free Trade Commission hereby adopts the following interpretations of Chapter G in order to clarify and reaffirm the meaning of certain of its provisions:
Nothing in the CCFTA imposes a general duty of confidentiality on the disputing parties to a Chapter G arbitration, and, subject to the application of Article G-38.4, nothing in the CCFTA precludes the Parties from providing public access to documents submitted to, or issued by, a Chapter G tribunal.
In the application of the foregoing:
In accordance with Article G-21.2, the CCFTA Parties agree that nothing in the relevant arbitral rules imposes a general duty of confidentiality or precludes the Parties from providing public access to documents submitted to, or issued by, Chapter G tribunals, apart from the limited specific exceptions set forth expressly in those rules.
Each Party agrees to make available to the public in a timely manner all documents submitted to, or issued by, a Chapter G tribunal, subject to redaction of:
confidential business information;
information which is privileged or otherwise protected from disclosure under the Party's domestic law; and
information which the Party must withhold pursuant to the relevant arbitral rules, as applied.
The Parties reaffirm that disputing parties may disclose to other persons in connection with the arbitral proceedings such unredacted documents as they consider necessary for the preparation of their cases, but they shall ensure that those persons protect the confidential information in such documents.
The Parties further reaffirm that the Governments of Canada and the Republic of Chile may share with officials of their respective national or provincial governments all relevant documents in the course of dispute settlement under Chapter G of the CCFTA, including confidential information.
The Parties confirm that nothing in this interpretation shall be construed to require any Party to furnish or allow access to information that it may withhold in accordance with Articles O-02 or O-05.
Article G-05.1 prescribes the customary international law minimum standard of treatment of aliens as the minimum standard of treatment to be afforded to investments of investors of another Party.
The concepts of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond that which is required by the customary international law minimum standard of treatment of aliens.
A determination that there has been a breach of another provision of the CCFTA, or of a separate international agreement, does not establish that there has been a breach of Article G
The adoption by the Free Trade Commission of this or any future interpretation shall not be construed as indicating an absence of agreement among the CCFTA Parties about other matters of interpretation of the Agreement.
Done in triplicate at Quito, on the 31st day of October, 2002, in the English, French and Spanish languages, each text being equally authentic.
For the Government of Canada
Pierre S. Pettigrew, Minister for International Trade
For the Government of the Republic of Chile
María Soledad Alvear V., Minister of Foreign Relations