Chile – Side instruments

Intellectual Property: Agricultural chemical products

Letter from Heraldo Muñoz Valenzuela

8 March 2018

The Honorable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister Champagne,

I have the honour to confirm the following understanding with regard to Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as “the Agreement”) signed on this day:

The Government of the Republic of Chile and the Government of Canada recognize that nothing in Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of Chapter 18 (Intellectual Property) limits a Party to the Agreement from establishing conditions, limitations or exceptions when implementing the obligations set forth under that Article, provided that such conditions, limitations or exceptions are consistent with the provisions of Chapter 18 (Intellectual Property).

I have the further honour to propose that this letter and your letter in reply, equally valid in English, French, and Spanish confirming that your Government shares the same understanding, will constitute an understanding between our two Governments, which will come into effect on the date of entry into force of the Agreement as between Canada and Chile.

Yours sincerely,

HERALDO MUÑOZ VALENZUELA
Minister of Foreign Affairs


Response from the Honourable François-Philippe Champagne

8 March 2018

His Excellency
Minister Heraldo Muñoz Valenzuela
Minister of Foreign Affairs
Chile

Dear Minister Muñoz,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“I have the honour to confirm the following understanding with regard to Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as “the Agreement”) signed on this day:

The Government of the Republic of Chile and the Government of Canada recognize that nothing in Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of Chapter 18 (Intellectual Property) limits a Party to the Agreement from establishing conditions, limitations or exceptions when implementing the obligations set forth under that Article, provided that such conditions, limitations or exceptions are consistent with the provisions of Chapter 18 (Intellectual Property).

I have the further honour to propose that this letter and your letter in reply, equally valid in English, French, and Spanish confirming that your Government shares the same understanding, will constitute an understanding between our two Governments, which will come into effect on the date of entry into force of the Agreement as between Canada and Chile.”

I have the further honour to confirm that the above reflects the understanding reached between our Governments, and that your letter and this letter in reply, equally valid in English, French and Spanish, will constitute an understanding between our Governments, which will come into effect on the date of entry into force of the Agreement as between Canada and Chile.

Sincerely,

FRANÇOIS-PHILIPPE CHAMPAGNE
Minister of International Trade

Culture

Letter from the Honourable François-Philippe Champagne

8 March 2018

His Excellency
Minister HERALDO MUÑOZ VALENZUELA
Minister of Foreign Affairs
Chile

Dear Minister,

In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of Chile (Chile):

Canada and Chile agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content”, Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter and your letter in reply, equally valid in English, French and Spanish, shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Chile.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade


Response from Heraldo Muñoz Valenzuela

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

I am pleased to acknowledge receipt of your letter of 8 March 2018, which reads as follows:

“In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of Chile (Chile):

Canada and Chile agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content,” Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter and your letter in reply, equally valid in English, French and Spanish, shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Chile.”

I have the honour to confirm that the above reflects the agreement reached between our Governments, and that your letter and this letter in reply, equally valid in English, French and Spanish, shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement as between Chile and Canada.

Sincerely,

HERALDO MUÑOZ VALENZUELA
Minister of Foreign Affairs

Electronic payment services

Letter from Heraldo Muñoz Valenzuela

Santiago, Chile, 8 March 2018

The Honorable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister Champagne,

I have the honour to refer to the following understanding reached between representatives of the Government of the Republic of Chile (Chile) and the Government of Canada (Canada), during the negotiations of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP Agreement) regarding Section D: Electronic Payment Card Services of Annex 11-B (Specific Commitments), of Chapter 11 (Financial Services):

Chile and Canada understand that the laws and regulations of Chile applicable to the supply of electronic payment services for payment card transactions in force on the date of this letter, comply with the commitments established in Section D: Electronic Payment Card Services of Annex 11-B (Specific Commitments), of Chapter 11 (Financial Services) of the CPTPP Agreement. Accordingly, nothing in the referred Section D requires Chile to modify its laws and regulations applicable to the supply of electronic payment services for payment card transactions.

I have the further honour to propose that this letter and your letter in reply, equally valid in English, French and Spanish, will constitute an understanding between our two Governments, which will come into effect on the date of entry into force of the CPTPP Agreement as between Canada and Chile.

Sincerely,

HERALDO MUÑOZ VALENZUELA
Minister of Foreign Affairs


Response from the Honourable François-Philippe Champagne

Santiago, Chile, 8 March 2018

His Excellency
Minister Heraldo Muñoz Valenzuela
Minister of Foreign Affairs
Chile

Dear Minister Muñoz,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“I have the honour to refer to the following understanding reached between representatives of the Government of the Republic of Chile (Chile) and the Government of Canada (Canada), during the negotiations of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP Agreement) regarding Section D: Electronic Payment Card Services of Annex 11-B (Specific Commitments), of Chapter 11 (Financial Services):

Chile and Canada understand that the laws and regulations of Chile applicable to the supply of electronic payment services for payment card transactions in force on the date of this letter, comply with the commitments established in Section D: Electronic Payment Card Services of Annex 11-B (Specific Commitments), of Chapter 11 (Financial Services) of the CPTPP Agreement. Accordingly, nothing in the referred Section D requires Chile to modify its laws and regulations applicable to the supply of electronic payment services for payment card transactions.

I have the further honour to propose that this letter and your letter in reply, equally valid in English, French and Spanish, will constitute an understanding between our two Governments, which will come into effect on the date of entry into force of the CPTPP Agreement as between Canada and Chile.”

I have the further honour to confirm that the above reflects the understanding reached between our Governments, and that your letter and this letter in reply, equally valid in English, French and Spanish, will constitute an understanding between our Governments, which will come into effect on the date of entry into force of the CPTPP Agreement as between Canada and Chile.

Sincerely,

FRANÇOIS-PHILIPPE CHAMPAGNE
Minister of International Trade

Geographical Indication

Letter from Heraldo Muñoz Valenzuela

Santiago, Chile, 8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister Champagne,

I have the honour to confirm the following understanding reached by the Government of the Republic of Chile (Chile) and the Government of Canada (Canada), during the negotiations of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the CPTPP Agreement).

Chile and Canada reaffirm their commitments in respect of geographical indications, in accordance with Article C-11 and Annex C-11 of the Free Trade Agreement between Chile and Canada, signed at Santiago, Chile, the 5th day of December, 1996.

I have the further honour to propose that this letter and your letter in reply, equally valid in Spanish, English and French, will constitute an understanding between our Governments, which will come into effect on the date of entry into force of the CPTPP Agreement as between Canada and Chile.

Sincerely,

HERALDO MUÑOZ VALENZUELA
Minister of Foreign Affairs of Chile


Response from the Honourable François-Philippe Champagne

Santiago, Chile, 8 March 2018

His Excellency Heraldo Muñoz Valenzuela
Minister of Foreign Affairs
Republic of Chile

Excellency,

I have the honour to acknowledge the receipt of your letter of this date, which reads as follows:

“I have the honour to confirm the following understanding reached by the Government of the Republic of Chile (Chile) and the Government of Canada (Canada), during the negotiations of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the CPTPP Agreement).

Chile and Canada reaffirm their commitments in respect of geographical indications, in accordance with Article C-11 and Annex C-11 of the Free Trade Agreement between Chile and Canada, signed at Santiago, Chile, the 5th day of December, 1996.

I have the further honour to propose that this letter and your letter in reply, equally valid in Spanish, English and French, will constitute an understanding between our Governments, which will come into effect on the date of entry into force of the CPTPP Agreement as between Canada and Chile.”

I have the further honour to confirm that my Government shares this understanding, and that your letter, and this letter of reply, equally valid in Spanish, English and French, will constitute an understanding between our Governments, which will come into effect on the date of entry into force of the CPTPP Agreement as between Canada and Chile.

Sincerely,

FRANÇOIS-PHILIPPE CHAMPAGNE
Minister of International Trade

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