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Canada-Chile Free Trade Agreement

Part One - General Part

Chapter B: General Definitions

Article B-01: Definitions of General Application

• 1. For purposes of this Agreement, unless otherwise specified: Canada-United States Free Trade Agreement means the Canada-United States Free Trade Agreement, done on January 2, 1988;
  • citizen means a citizen as defined in Annex B-01.1 for the Party specified in that Annex;
  • Commission means the Free Trade Commission established under Article N-01(1) (The Free Trade Commission);
  • Customs Valuation Code means the Agreement on Implementation of Article VIIof the General Agreement on Tariffs and Trade 1994, including its interpretative notes, which is part of the WTO Agreement;
  • days means calendar days, including weekends and holidays;
  • Dispute Settlement Understanding (DSU) means the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement;
  • enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture or other association;
  • enterprise of a Party means an enterprise constituted or organized under the law of a Party;
  • existing means in effect on the date of entry into force of this Agreement;
  • GATS means the General Agreement on Trade in Services, which is part of the WTO Agreement;
  • GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;
  • Generally Accepted Accounting Principles means the recognized consensus or substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, disclosure of information and preparation of financial statements. These standards may be broad guidelines of general application as well as detailed standards, practices and procedures;
  • goods of a Party means domestic products as these are understood in the GATT 1994 or such goods as the Parties may agree, and includes originating goods of that Party¹;
  • Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;
  • measure includes any law, regulation, procedure, requirement or practice;
  • NAFTA means the North American Free Trade Agreement, done on December 17, 1992;
  • national means a natural person who is a citizen or permanent resident of a Party and any other natural person referred to in Annex B-01.1;
  • originating means qualifying under the rules of origin set out in Chapter D (Rules of Origin);
  • person means a natural person or an enterprise;
  • person of a Party means a national, or an enterprise of a Party;
  • province means a province of Canada, and includes the Yukon Territory and the Northwest Territories and their successors,
  • Secretariat means the Secretariat established under Article N-02(1) (The Secretariat);
  • state enterprise means an enterprise that is owned, or controlled through ownership interests, by a Party;
  • territory means for a Party the territory of that Party as set out in Annex B-01.1;
  • TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, which is part of the WTO Agreement; and
  • WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994.
• 2. For purposes of this Agreement, unless otherwise specified, a reference to a province includes local governments of that province.
• 3. Country-specific definitions of national government are set out in Annex B-01.1.

Annex B-01.1 Country-Specific Definitions

For purposes of this Agreement, unless otherwise specified:

citizen means:

• a. with respect to Canada, a natural person who is a citizen of Canada under the Citizenship Act, R.S.C. 1985, c. C-29, as amended from time to time or under any successor legislation; and
• b. with respect to Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile ("Constitución Política de la República de Chile");

national also includes, with respect to Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile ("Constitución Política de la República de Chile"); and

national government means:

• a. with respect to Canada, the Government of Canada; and
• b. with respect to Chile, the Government of the Republic of Chile;

territory means:

• 1. with respect to Canada, the territory to which its customs laws apply, including any areas beyond the territorial seas of Canada within which, in accordance with international law and its domestic law, Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and
• 2. with respect to Chile, the land, maritime, and air space under its sovereignty, and the exclusive economic zone and the continental shelf over which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law.