"ESTABLISHMENT OF CULTURAL RESERVES WITHIN THE PROCESS OF NEGOTIATION OF THE CPTPP"

Where
Chile
When
2020
Who
MINISTRY OF FOREIGN RELATIONS (MINREL) AND MINISTRY OF CULTURES, ARTS AND HERITAGE (MINCAP).
Describe the main features of the policy/measure: 

AFTER AN EXTENSIVE NEGOTIATION LEADED BY THE MINISTRY OF FOREIGN AFFAIRS - MINREL, IN ITS CAPACITY OF OWNER OF THE COUNTRY'S FOREIGN POLICY AND IN WHICH THE MINCAP PARTICIPATED, IT IS IMPORTANT TO HIGHLIGHT THE FOLLOWING RESULTS REGARDING THE PROTECTION OF CULTURAL DIVERSITY, IT REFERS:

- RECOGNIZES THE IMPORTANCE OF THE CULTURAL IDENTITY OF THE COUNTRIES THAT MAKE UP THE TREATY AND THE FACT THAT INTERNATIONAL TRADE CAN EXPAND OPPORTUNITIES TO ENRICH CULTURAL EXCHANGES, SPREAD NATIONAL CULTURAL EXPRESSIONS, AND PROMOTE CULTURAL DIVERSITY IN THE REGION (PREAMBLE TO THE TPP11);
- REGARDING ELECTRONIC TRANSACTIONS, ONE OF THE CENTRAL COMMITMENTS OF CHAPTER 14 OF ELECTRONIC COMMERCE IS THE NON-DISCRIMINATION OF DIGITAL PRODUCTS (FOR EXAMPLE, SOFTWARE, MUSIC, VIDEO, ELECTRONIC BOOKS). THIS TRANSLATES INTO THE OBLIGATION NOT TO IMPOSE CUSTOMS DUTIES ON ELECTRONIC TRANSMISSIONS BETWEEN THE PARTIES AND THE PROHIBITION OF GRANTING LESS FAVORABLE TREATMENT TO DIGITAL PRODUCTS CREATED, PRODUCED, PUBLISHED, CONTRACTED, COMMISSIONED OR MADE COMMERCIALLY AVAILABLE FOR THE FIRST TIME IN THE TERRITORY OF ANOTHER PARTY. THE SAME IS APPLICABLE TO DIGITAL PRODUCTS WHOSE AUTHOR, PERFORMER, PRODUCER, MANAGER OR OWNER IS A PERSON OF ANOTHER PARTY. THIS IMPLIES THAT CHILEAN COMPANIES THAT TRADE THEIR DIGITAL PRODUCTS ONLINE (SOFTWARE, MUSIC, MOVIES, APPLICATIONS, E-BOOKS, ETC.) CAN BE SURE THAT THEY WILL NOT BE DISCRIMINATED AGAINST BASED ON THEIR NATIONALITY, NOR WILL THEY BE TAXED WITH TARIFFS. THIS ALSO OPENS UP A HUGE EXPORT POTENTIAL FOR OUR MUSICIANS, FILMMAKERS, WRITERS, AND ARTISTS IN GENERAL, AS THEY WILL BE ABLE TO EASILY AND QUICKLY DISTRIBUTE THEIR CREATIONS ONLINE, BEING CERTAIN THAT THEY WILL NOT BE DISCRIMINATED AGAINST BASED ON THEIR NATIONALITY. NOR THAT THEY WILL BE LEVIED WITH TARIFFS (CHAPTER ON ELECTRONIC COMMERCE, ARTICLES 14.3 AND 14.4). ANOTHER BENEFIT FOR OUR COMPANIES IS THAT THEY CANNOT BE REQUIRED TO INSTALL THEIR SERVERS IN ANOTHER TPP11 COUNTRY. IN ADDITION, A COMMITMENT IS ESTABLISHED TO PROVIDE ADEQUATE PROTECTION TO CONSUMER RIGHTS AND PERSONAL INFORMATION. (CHAPTER ON ELECTRONIC COMMERCE, ARTICLES 14.13 AND 14.8).

What are the results achieved so far through the implementation of the policy/measure?: 

WITH REGARD TO THE CULTURAL SECTOR AND IN RELATION TO THE ARTS AND CULTURAL INDUSTRIES, OUR COUNTRY NEGOTIATED A RESERVE THAT GUARDS THE AUTONOMY TO ADOPT OR MAINTAIN MEASURES THAT ESTABLISH A MORE FAVORABLE TREATMENT TO THE SERVICE PROVIDERS OF THIRD PARTIES AND INVESTORS NO NEED TO BE OBLIGATED TO EXTEND THE SAME TREATMENT TO SERVICE PROVIDERS OR INVESTORS FROM TPP11 COUNTRIES WHO ARE IN SIMILAR CIRCUMSTANCES. THIS ALLOWS US, FOR EXAMPLE, TO ADOPT OR MAINTAIN ALL KINDS OF INTERNATIONAL AGREEMENTS - BILATERAL OR MULTILATERAL - IN THE SECTOR OF CULTURAL ARTS AND INDUSTRIES, SUCH AS THE AUDIOVISUAL COOPERATION AGREEMENTS (NON-CONFORMING MEASURES REGARDING CROSS-BORDER TRADE AND INVESTMENTS, ANNEX II - CHILE'S LIST; CHAPTER 10 ON CROSS-BORDER TRADE IN SERVICES; AND CHAPTER 9 ON INVESTMENTS). IT IS IMPORTANT TO SPECIFY THAT BULLETIN NO. 12.195-10, WHICH "APPROVES THE COMPREHENSIVE AND PROGRESSIVE TREATY OF TRANSPACIFIC ASSOCIATION BETWEEN AUSTRALIA, BRUNEI DARUSSALAM, CANADA, THE UNITED MEXICAN STATES, JAPAN, MALAYSIA, NEW ZEALAND, PERU, THE REPUBLIC OF SINGAPORE AND THE SOCIALIST REPUBLIC OF VIETNAM, AND THE LETTERS EXCHANGED IN THE CONTEXT OF THE SAME, ALL SIGNED IN SANTIAGO, CHILI, ON MARCH 8, 2018 "; IT IS CURRENTLY IN ITS SECOND CONSTITUTIONAL PROCEDURE IN THE NATIONAL CONGRESS. AVAILABLE AT: HTTPS://WWW.SENADO.CL/APPSENADO/TEMPLATES/TRAMITACION/INDEX.PHP?

Financial resources allocated to the policy/measure in USD: 

No Information.

Partner(s) engaged in the implementation of the measure: 
Name of partnerType of entity
No Information.
Public Sector
Has the implementation of the policy/measure been evaluated?: 
NO
If yes, what are the main conclusions/recommendations?: 

No Information.

Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
Cinema/ Audiovisual Arts
Media Arts
Music
Publishing