Mining Integration And Supplementation Treaties (Chile) - Full Text Of The Norm

Original Language Title: TRATADOS INTEGRACION Y COMPLEMENTACION MINERA (CHILE) - Texto completo de la norma

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TREATY Law No. 25.243 Approved a Treaty on the Integration and Complementation of Mining, the Supplementary Protocol to the Treaty on the Integration and Complementation of Mining and the Agreement for the exchange of notes correcting a material error of the Complementary Protocol, signed with the Republic of Chile.

Sanctioned: March 23, 2000.

Promulgated: March 24, 2000.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 THE TREATY OF THE ARGENTINA REPUBLIC AND THE CHILE REPUBLIC ON MINERA INTEGRATION AND COMPLEMENTATION, subscribed to in San Juan deREPULIC ARGENTINA CH and in Antofagasta deREPUBLICA DE CHILE; on 29 December 1997, which consists of VEINTES ARGENTINA And from CHILE, subscribed in Santiago CHREPUBLICA DE CHILE. on August 20, 1999, which consists of OCHO (8) articles and the CANJE DE NOTES AGREEMENT FOR A MATERIAL ERROR OF THE COMPLEMENTARY PROTOCOL, signed in Buenos Aires on August 31, 1999, whose authenticated photocopies are part of the present law. ARTICLE 2 Contact the executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTS OF THE MESSAGE OF THE YEAR DOS MIL.

Registered under No. 25.243 el

PASCUAL RAFAEL. . ALVAREZ CHARLES. . Guillermo Aramburu. . Mario L. Pontaquarto.

TREATY

ENTRE

THE ARGENTINA REPUBLIC

And

THE CHILE REPUBLIC

ON THE

INTEGRATION AND MINERA COMPLEMENTATION

The Argentine Republic and the Republic of Chile, henceforth referred to as "the Parties", with the aim of consolidating the commitments agreed in the "Peace and Friendship Treaty" of 29 November 1984, in order to promote and intensify economic cooperation;

Considering the provisions of the Economic Complementation Agreement No. 16 (ACE 16), in order to agree and implement decisions aimed at facilitating the development of various activities in the economic sphere and, among them, encouraging mutual investment and complementing and coordinating the development of the mining sector;

Bearing in mind the provisions of Protocol No. 3 on Mining Cooperation and Integration of the ACE 16, on the implementation of specific programmes and projects for cooperation in the areas of metallic and non-metallic minerals, both in the basic and applied research sector, and in the promotion of innovation and the development of new products;

Attentive, likewise, to the provisions of the Ninth Additional Protocol to the ACE 16 of 4 August 1993, regarding the facilitation of air work activities related to emerging contracts of works or binational activities;

With the supplementary intention of strengthening in the mining field the purposes agreed to in the Agreement for the Promotion and Reciprocal Protection of Investment of 2 August 1991, which is in force between the two Parties;

Recognizing that the development of mining integration between Argentina and Chile fulfils a purpose that both Parties consider to be of public utility and the general interest of the Nation, in accordance with their respective legal systems;

Considering what was established in the "Act of Santiago on Watersheds" of July 26, 1971, in the "Additional Specific Protocol on Shared Water Resources", and in the "Environmental Treatment" both of August 2, 1991, instruments signed by the Argentine Republic and the Republic of Chile;

Bearing in mind the bases and foundations of an Argentine-Chile Mine Integration and Complementation Treaty, signed in the city of La Rioja on 1 July 1996;

Ensuring the joint use of mining resources in the border areas of the territories of both Parties, with particular emphasis on the establishment of enterprises between nationals and corporations of both countries and the facilitation of the transit of appropriate equipment, mining services and personnel across the common border;

Recognizing that the exploration and exploitation of existing mining reserves in border areas, by investors of either Party, should naturally expand and effectively diversify the bilateral integration process;

Aware of the common interest in establishing a legal framework that facilitates the development of the mining business by nationals of both Parties in the Ambito de aplicación del Tratado, and,

Considering that a Treaty constitutes the most appropriate legal instrument for the creation and establishment of a common legal framework, which is intended to be applied in both Parties and consulates, in the species, the development of all activities related to the mining business;

Agree to the following:

ARTICLE 1

The Treaty constitutes a legal framework governing the mining business within its scope and aims to enable investors from each Party to participate in the development of the mining integration that the Parties declare to be of public utility and general interest to the Nation.

The prohibitions and restrictions in force in the laws of each Party, relating to the acquisition of property, the exercise of possession or mere possession or the constitution of real rights in real estate, or mining rights, established on the basis of the quality of foreign national or Chilean national or Argentinean, shall not apply to mining businesses governed by this Treaty.

The Parties shall also permit, in accordance with their respective legal systems.

(a) The access, performance and protection of all activities and services related to the mining business, through the exercise of the rights set out in the laws of each Party, including bonds and other rights contemplated in favour of mining concessions and profit, melting and refining plants, all of which shall be extended to concessions and plants in the territory of the other party where the Treaty is implemented.

The Specific Additional Protocol referred to in Article 5 shall determine the area of incorporation of the necessary servitudes and exercise of the rights enshrined in the preceding paragraph.

(b) Development of mining business; and

(c) The development of activities accessible to the mining business.

ARTICLE 2 Terms of Use

For all purposes of this Treaty, the following terms designate:

A) Mining business: A set of civil, commercial or other activities that relate directly to the acquisition, research, prospecting, exploration and exploitation of deposits or concessions and mining rights in general; to the benefit of minerals and to obtain, from them, products and by-products through their founding, refinement or other processes; and to the transport and marketing of them.

B) Accessory activity: Any other activity that without intrinsically the mining character is directly related to the operation and development of the mining business.

C) Investment: It should be understood in the terms defined by Article 1, paragraph 1, of the Agreement on the Promotion and Reciprocal Protection and Investment between the two Parties, signed on 2 August 1991.

D) Investor: the "nationals" and "society" that allocate resources to the mining business or its accessory activities in the field of the Treaty. The concepts of "nationals" and "society" are used in the sense assigned to them by the Treaty between the Argentine Republic and the Republic of Chile on the Promotion and Reciprocal Protection of Investment.

The concept "nationals" designate:

(a) With reference to the Republic of Chile: Chileans within the meaning of the Constitution of the Republic of Chile;

(b) With reference to the Argentine Republic: Argentines within the meaning of the legal provisions in force in the Argentine Republic.

The concept "society" designates all legal persons constituted in accordance with the law of a Party and which are based in the territory of that Party, irrespective of whether or not its activity is profitable.

E) Prospection:

(a) With reference to the Republic of Chile means: mining geological works leading to the examination or assessment of the potential of mineral resources detected.

(b) With reference to the Argentine Republic means: Set of actions and works that allow to identify, through the application of one or more techniques of geological recognition, areas of favorable characteristics for the presence of mineral accumulations and deposits.

F) Exploration:

(a) With reference to the Republic of Chile means: set of actions and works that allow to identify, by applying one or more techniques of geological recognition, areas of favorable characteristics for the presence of

accumulations of minerals and deposits.

(b) With reference to the Argentine Republic means: Geological mining work leading to examining or evaluating the potential of mineral resources detected.

G) Exploitation: Extraction of mineral substances for economic use.

H) Benefit: Process in which minerals are treated, in order to concentrate useful substances, separating them from those that lack economic significance.

I) Foundry: Process of fusion of minerals, concentrates or precipitates of these, in order to separate the metallic product that is desired, from other minerals that accompany them.

J) Refination: Process aimed at separating substances considered impurities, from a metal product obtained by casting or lixiviation, from the substance or metal that is desired to obtain, either by casting or by an electrochemical process.

K) Maquila or Transformation by Third Parties: Activity by which a mining product is processed in treatment plants belonging to natural or physical and legal persons other than the owner of the mining product, which pays with a portion of the production or in money.

L) Area of Operations: Area defined in the corresponding Specific Additional Protocol and where the respective mining business is developed. In that area, each Party shall exercise the relevant controls, with the border facilitation modalities that the Protocol provides.

M) Integrated Control: The activity carried out in one or more places, using compatible and similar administrative and operational procedures in a sequential manner and, where possible, simultaneously, by officials of the various agencies of both Parties involved in the Control.

ARTICLE 3 Scope of Application

The scope of the Treaty is defined by the linkage of the geographical coordinates contained in Annex I.

The representation of the points that correspond to the vertices of the coordinates indicated in Annex I appears in the reference map that constitutes Annex II to this Treaty.

Both Annexes constitute an integral part of this Treaty.

The Scope of Application excludes all kinds of maritime spaces, island territories, or the coastal edge as defined by the latter in the legislation of each Party.

The extension of the Ambito de aplicación may be made by agreement between the Parties, by the same procedure of entry into force of this Treaty.

ARTICLE 4 National Treatment

Within the scope of the present Treaty and in relation to mining rights and the activities referred to in Article 1, neither Party shall subject investors of the other Party to less favourable treatment than that accorded to its own nationals and societies.

ARTICLE 5 Additional Specific Protocols

Investors who require border facilitation, cross-border activities, the constitution of bondage or the exercise of the rights under Article 1, paragraph 3, paragraph 3 (a), for the development of mining business shall apply to the administering Commission established in Article 18 of this Treaty. The Administering Commission may, upon evaluation, recommend to the Parties the adoption of additional specific protocols, which will determine the Area of Operations and the procedures in each case. Additional Specific Protocols shall enter into force on the date of signature.

The Parties may, where necessary, in the Specific Additional Protocols, determine an area that exceptionally exceeds the scope of application of this Treaty for the constitution of the bonds provided for in Article 1.

ARTICLE 6

The Parties, in accordance with their respective laws and for each Specific Additional Protocol, shall undertake coordination actions of their competent public bodies, in order to facilitate the development of the respective mining business to the investors of both Parties.

They will also permit the use of all kinds of natural resources, inputs and infrastructure provided for in the respective Specific Additional Protocol, without any discrimination, in relation to the Chilean or Argentine nationality of investors.

The Parties may establish integrated controls for administrative and operational procedures in order to facilitate access and exit of the Area of Operations on the territory of one or both Parties.

ARTICLE 7 Tax and Customs Aspects

The Parties agree that natural or juridical persons, whether resident or incorporated in the territory of them, who are engaged in the mining business or accessory activities under this Treaty, shall be subject to the internal taxation affecting them, to the domestic legislation of each Party, or to the specific agreements or to avoid the double taxation between them, and to the provisions of this Article.

The Parties also agree that, exclusively for tax and customs purposes, it shall not constitute the import, export or admission or temporary departure, the movement of goods from outside the Area of Operations and that it shall be carried out within that Area . defined as such in the corresponding Specific Additional Protocol libremente which shall circulate freely within it subject to the facilitation and coordination measures determined by the competent Services. General rules of import or export shall be applied, as the case may be, since a good proceeds from the Area of Operations to the territory of a country other than that by which it originally entered the Area.

The national or nationalized goods of one or another Party entering or leaving the Area of Operations shall not affect the payment of the duties, taxes, charges and customs or tax refunds that may affect the respective customs destination, provided that such entry and departure is made by the same territory. For the purposes of this Treaty, the related income and departures shall not constitute import or export, as appropriate. All commercial transactions relating to such goods that are carried out within the aforementioned Area shall be subject to taxes, duties, and other customs duties and taxes of a general nature, as appropriate.

Foreign goods for both Parties entering or leaving the Area shall be subject to the general customs and tax legislation applicable in one or another Party, as appropriate. Likewise, the goods obtained or produced in the Area of Operations shall be subject to such general requirements of each Party as appropriate.

Pursuant to the requirements set out in the preceding paragraphs, the goods referred to may circulate freely in the aforementioned Areas, subject to the facilitation or coordination measures determined by the competent bodies and services.

Individuals who are domiciled or resident and legal persons in the territory of the Parties that develop the mining business shall be obliged to accredit the tax authorities of the other Party which so request, in accordance with the technical procedures normally used in the mining activity, the origin of the extracted mineral, specifying what amounts come from one of the Parties and which from the territory of the other. The Parties also undertake to provide the necessary facilities for the tax and mining authorities of the other Party to physically verify compliance with such procedures.

Income or profits originating from the sale or export of the mineral extracted from the territory of a Party, belonging to the natural person domiciled or resident, or the legal person constituted or based therein, who develops the mining business in the same Party, may only be subject to imposition by that Party, even if the mineral is located in the territory of the other Party because it has been processed in it.

The Parties agree that the contractors or subcontractors contracted by a physical or legal person domiciled, resident or constituted, as appropriate, in the territory of one of the Parties, who provide services in the territory of the other for the purpose of permitting the extraction of the mineral located in the territory of the first Party, receiving exclusively contracting services for its service of the natural or legal person contracting, shall be subject only to the internal taxation of the Party

The Parties also agree that the same criterion shall be applied in respect of the activities that the natural or legal persons, domiciled, resident or constituted in the territory of a Party, which develop the mining business, carry out in the territory of the other for the same purpose.

In the same way, the dependent staff, working in the Area of Operations, will be subject to the tax regime of the country in which it is hired, regardless of their physical displacement within the Area of Operations.

In the case of services not considered in the preceding paragraphs provided in the Area of Operations or the natural or legal persons developing the mining business therein, the Parties agree that they shall be subject only to the taxes on the consumption of the Party in which the provision is made.

The tax problems that may result in the application of this Article shall be submitted by the administering Commission for consideration by the competent authorities of the Bilateral Convention to Avoid the Double Imposition that is in force, so that they may be resolved in accordance with the procedure provided for in the Convention, even if they relate to taxes not included in that Convention.

ARTICLE 8 Promotional Regimes

Mining businesses under this Treaty shall, where appropriate, enjoy the benefits and franchises that the Parties establish, notwithstanding the processes involved in each mining business, in the territories of both Parties.

ARTICLE 9

Social security will be subject to the provisions of the existing Social Security Convention between the Parties and the national legislation of each Party, as applicable.

ARTICLE 10 Labour Aspects

The applicable labour legislation will be the country where the worker performs his or her duties, provides services or effectively develops the activity. When the tasks are carried out indistinctly on both sides of the border, the law of the place of the contract of work shall apply. In the event of doubt as to the applicable legislation, the principle of legislation most favourable to the worker shall prevail.

ARTICLE 11 Investments and Consequential Expenses

Any investment and operation expenses incurred by Parties, their companies or institutions, as a result of the development of a mining business, contemplated in the respective Specific Additional Protocol, shall be assumed by the investor or investor who undertake such mining business.

ARTICLE 12 Environment

The Parties shall apply their respective national environmental protection legislation, subjecting mining activities to the Environmental Impact Assessment System in Chile and the Declaration of Environmental Impact in Argentina, as appropriate.

The Parties shall also promote the exchange of relevant information, which relates to the main environmental effects of each mining business or accessory activities, covered by this Treaty.

ARTICLE 13 Health of Persons

The Parties shall apply in the field of human health, in the areas of general and labour health, the provisions of their existing laws. Without prejudice to this, if there are differences between these, the highest standards of demand should be adopted.

Parties shall also apply their rational legislation on health matters relating to food, pharmaceuticals, environmental health, chemicals management and others.

The Parties shall exchange any relevant health information relating to or arising from the development of mining projects covered by this Treaty.

The companies holding the mining projects covered by this Treaty shall be responsible for paying the costs for the health care of their workers and those of the contractors or subcontractors that employ in the respective mining business, which are granted to them in the care establishments of the Party to whose provisional health legislation is not affected, when they are transferred to them for that purpose at the request of the company.

The Parties shall permit the development of their activity, within the Area of Operations of the mining project, to the health professionals and technicians authorized for such exercise in accordance with the other Party ' s legislation in all cases or circumstances that endanger the life or health of persons in the Area of Operations.

ARTICLE 14 Shared Water Resources

The use of shared water resources, for all purposes of this Treaty, shall be carried out in accordance with the international law rules on the matter and, in particular, in accordance with the "Act of Santiago on Hydrological Basin" of June 26, 1971, the "Protocol on the Environment" between the Argentine Republic and the Republic of Chile signed on August 2, 1991 and the "Additional Specific Protocol on the Shared Republic of Chile.

ARTICLE 15 Preservation of Limtrophe Demarcation

Companies operating under this Treaty shall not be able to undertake work that affects milestones or alter watercourses or other geographical accidents that determine the international boundary between the Parties. Any special situation that might arise in connection with this matter should be consulted with the Ministries of Foreign Affairs of both Parties so that, with the intervention of the Joint Limits Commission, it should be duly considered. The costs of the Joint Commission that may be necessary to deal with these cases shall be borne by the companies concerned.

The Ministries of Foreign Affairs through the Joint Limits Commission shall be competent to know of any consultation or requirement regarding the precise determination of the boundary line that the Parties make for the purposes of the implementation of this Treaty.

ARTICLE 16 Cese y Suspensión del Negocio Minero

The Parties agree that, once the mining business under the provisions of the Treaty is concluded for any reason, the real estate acquired for the development of such activity will continue to be subject to the legal norms of each Party.

The administering Commission may, at the request of the investor, suspend for a defined and renewable time the border facilitations granted by a specific Additional Protocol, to the extent that the mining business requires it and thus the investor demonstrates it. The investor may request the renewal of the suspension of the border facilitations, with an earlier period of at least thirty days prior to the end date of the suspension period granted by the administering Commission. If the investor requires it, they must request the resumption of suspended border facilitations, at a minimum of thirty days prior to the date of termination of the suspension period granted to them.

If the investor does not request the renewal of the period of suspension of the border facilitations granted by the administering Commission, nor does he request the resumption of such facilitations, within the above-mentioned time limits, the Specific Additional Protocol shall be terminated.

ARTICLE 17 General Exceptions

No provision of this Treaty shall be interpreted to prevent one Party from taking or implementing measures in accordance with Article 50 of the Montevideo Treaty 1980 or Article XX of the General Agreement on Tariffs and Trade in 1994.

ARTICLE 18 Administration and Evaluation of the Treaty

The administration and evaluation of the Treaty shall be carried out by an administering Commission, consisting of representatives of the Ministries of Foreign Affairs, International Trade and Worship of the Argentine Republic and of Foreign Affairs of the Republic of Chile, and of the Secretariat of Industry, Trade and Mining of the Argentine Republic and the Ministry of Mining of the Republic of Chile. The administering Commission may convene representatives of the relevant public bodies when required.

The Commission shall be established within six (6) months of the date of entry into force of the Treaty and shall establish its rules of procedure at its first meeting.

The administering Commission will take its decisions in common.

The administering Commission of the Treaty shall, inter alia, have the following functions:

(a) Implement the necessary mechanisms to ensure the implementation of the Treaty;

(b) Develop relevant actions leading to the subscription of the Specific Additional Protocols in mining businesses that require it, ensuring its proper application;

(c) To make recommendations through the Ministries of Foreign Affairs, International Trade and Worship of the Argentine Republic and of Foreign Affairs of the Republic of Chile, to the relevant authorities and agencies, with regard to the problems that might arise in the implementation of the provisions of this Treaty;

(d) To participate in the settlement of disputes in accordance with Articles 19 and 20 of this Treaty; and

(e) To comply with the other tasks entrusted to the administering Commission under the provisions of this Treaty, its Additional Protocols, Specific Additional Protocols and other instruments deriving from it.

ARTICLE 19 Dispute Settlement between Parties

Disputes that may arise between the Parties on the interpretation, application or non-compliance with the Treaty, its Additional Protocols, Specific Additional Protocols and other instruments arising therefrom shall, as far as possible, be settled through direct negotiations conducted through the administering Commission.

If such direct negotiations do not reach a solution, within one hundred and eighty days of the date on which one of the Parties has written to the other its intention to submit the dispute to the said instance, the applicant may submit it to the Economic Complementation Council under the procedure provided for in Chapter III of the Second Additional Protocol of the ACE 16, concluded between Argentina and Chile.

ARTICLE 20 Settlement of disputes between a Party and an investor of the other Party

The Treaty on the Promotion and Reciprocal Protection of Investments signed by the Argentine Republic and the Republic of Chile on 2 August 1991 and currently in force shall apply to disputes arising between a Party and investors of the other Party.

ARTICLE 21 Incorporation of Protocols

Additional Protocols regulating mining businesses developed by investors of any of the Parties that have been signed under the ACE 16 shall be incorporated into this Treaty, starting with its entry into force.

ARTICLE 22 Entry in Vigor and Duration

This Treaty shall be ratified by the Parties and shall enter into force on the date of exchange of instruments of ratification. This Treaty shall have an indefinite duration.

ARTICLE 23

After thirty years of its validity, any of the Parties may denounce . by diplomatic means Tratado the present Treaty, not having the effect of such a complaint, before the three years of its effect.

With respect to investments made prior to the date on which the notice of termination of this Treaty is made, its provisions shall remain in force until the end of the mining business subject to investment.

Made in San Juan, República Argentina and in Antofagasta, Republic of Chile, on 29 December 1997 in two originals, both equally authentic.

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COMPLEMENTARY PROTOCOL TO THE TREATY OF INTEGRATION AND COMPLEMENTATION OF ARGENTINA AND CHILE REPUBLICS

The Governments of Argentina and Chile,

In the spirit of mutual cooperation under the Mining Integration and Complementation Treaty signed on 29 December 1997 to ensure effective mining integration,

They have agreed to sign the following Supplementary Protocol to the Mining Integration and Complementation Treaty.

FIRST ARTICLE

Under the national treatment provided for in Article 4 of the Treaty, and in accordance with Article 1, paragraph 2, of the Treaty, nationals and societies of a party requesting to constitute mining rights or carry out activities of catheterization, exploration or other protected by the mining legislation of the other Party, provided that they are exclusively confined to the territory of the latter, whether these projects of small, medium or large mining, may be granted access to such rights or prior to carry out such activities directly,

In cases where investors of a Party wishing to acquire ownership or mere possession or the establishment of other property rights located exclusively in the territory of the other Party, within the scope of the Treaty, in order to develop a mining activity that does not require border facilitation, cross-border activities, the establishment of cross-border servitudes or the exercise of the rights set out in Article 1, paragraph 3 (a) of that instrument shall correspond to the existence of such an instrument.

The foregoing, without prejudice to the application of Article 5 where border facilitation, cross-border activities, the constitution of cross-border bonds or the exercise of the rights set out in Article 1, paragraph 3 (a) of the Treaty are required.

SECOND ARTICLE

In order to facilitate the implementation of the Treaty ' s objectives and in order to prevent or resolve differences between the investor of one party and the public agencies of the other Party on operational matters or matters, the administering Commission may establish expedited negotiating procedures.

THIRD ARTICLE

In accordance with Article 6 of the Treaty, it shall be understood that the Parties shall allow investors of one and the other, the use of all kinds of natural resources necessary for the development of the mining business, including in this concept the existing water resources in their respective territories, even if they do not have the quality of shared water resources, which shall be granted full compliance with the domestic legislation of the country in which such resources are located.

ARTICLE 4

In the framework of integration guaranteed by the Treaty, in particular with regard to access, performance and protection of all activities and services related to the mining business, it is understood that among them are considered those contemplating the respective laws in favour of mining concessions and profit, melting and refinement plants, including also sterile deposits and tailgate tranques. Given that such rights, in accordance with Article 1, paragraph 3 (a) of the Treaty shall be extended to concessions and plants of the territory of the other Party, they shall, within the area of operations to be determined in the respective Additional Protocol, consider locating their facilities in the most appropriate space field, giving effect to the facilitations required by the investors of one of them in the territory of the other, for the development of their mining activities.

QUINTO

Each Party shall take the necessary measures to ensure full compliance with the provisions of the Treaty in its territory at the national, provincial and regional levels.

To that end, once the administering Commission has been established, it shall be in the exercise of its authority under Article 18 paragraph 4 (a), to ensure that the competent authorities of both countries apply the Treaty and this Protocol in accordance with that purpose.

SEXTO

The administering Commission shall determine the procedures and other measures necessary to adapt the Additional Specific Protocols corresponding to the current Easter Lama and Pachón mining projects to the provisions of the Treaty, once the Treaty enters into force.

SEPTIMO

In the performance of its functions, and in respect of matters submitted to its review and resolution, the administering Commission may consult with representatives of the private sector.

To this end, each Party may establish a business advisory commission, consisting of representatives of the different sectors of mining activity, whose role will be to advise on the topics in which it is consulted by the administering Commission.

OCTAVO

This instrument is an integral part of the Treaty and will enter into force together with the Treaty.

Made in Santiago, Chile, on August 20, 1999.

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Buenos Aires, 31 August 1999.

Minister:

I have the honour to address you in connection with the Supplementary Protocol to the Treaty on the Integration and Complementation of Mining between the Republics of Chile and Argentina, signed in Santiago on 20 August 1999.

In the second paragraph of Article 1 of that Protocol, by mistake, the word "that" between the words "Part" and "desir" was included in the first line. In accordance with the provisions of Article 79, paragraph 1.-, (b) and paragraph 4 of the same Article of the Vienna Convention on the Law of Treaties, in force for both States, the text thus corrected shall replace ab initio with the primitive text, the first sentence of the said paragraph, until the first comma, of the following:

"In cases where investors from one party wish to acquire ownership or mere possession or the constitution of other property rights located exclusively in the territory of the other Party,".

If you were in conformity with that deletion, the present Note and the response thereto would constitute an Agreement between our two Governments, and Article 1 (2) of the Supplementary Protocol to the Treaty on the Integration and Complementation of Mining between the Republics of Chile and Argentina would be corrected in the same sense.

I am very pleased to greet V.E. and renew the expressions of my highest consideration.

JOSE FLORENCIO GUZMAN CORREA

Ambassador

His Excellency

Minister for Foreign Affairs, Trade

International and

From the Argentine Republic

Don Guido Di Tella

Buenos Aires

Minister for Foreign Affairs, International Trade and Worship

Buenos Aires, 31 August 1999

Mr. Ambassador:

I have the honour to address you with regard to your Note 459/99 of 31 August 1999 concerning the Supplementary Protocol to the Treaty on the Integration and Complementation of Mining between the Argentine Republics and Chile, signed in Santiago on 20 August 1999, which reads:

"Mr. Minister:

I have the honour to address you in connection with the Supplementary Protocol to the Treaty on the Integration and Complementation of Mining between the Republics of Chile and Argentina, signed in Santiago on 20 August 1999.

A S.E. Mr. Ambassador

of the Republic of Chile

José Florencio GUZMAN CORREA

Good men.

In the second paragraph of Article 1 of that Protocol, by mistake, the word "that" between the words "Part" and "desir" was included in the first line. In accordance with the provisions of Article 79, paragraph 1.-, (b) and paragraph 4 of the same Article of the Vienna Convention on the Law of Treaties, in force for both States, the text thus corrected shall replace ab initio with the primitive text, the first sentence of the said paragraph, until the first comma, of the following:

"In cases where investors from one party wish to acquire ownership or mere possession or the constitution of other property rights located exclusively in the territory of the other Party,"

If you were in conformity with that deletion, the present Note and the response thereto would constitute an Agreement between our two Governments, and Article 1 (2) of the Supplementary Protocol to the Treaty on the Integration and Complementation of Mining between the Republics of Chile and Argentina would be corrected in the same sense.

I am very pleased to greet V.E. and renew the expressions of my highest consideration.

In this regard, I am pleased to communicate the conformity of the Argentine Government with the earlier transcribing and agree that this Note and that of Your Excellency constitute an Agreement between our two Governments.

I greet you with my highest consideration.