complementary protocol

COMPLEMENTARY PROTOCOL OF THE MINING INTEGRATION AND COMPLEMENTATION TREATY BETWEEN THE REPUBLIC OF ARGENTINA AND THE REPUBLIC OF CHILE  

ARTICLE 1: In virtue of the national treatment provided in Article 4 of the Treaty and according to the provisions in Article 1, paragraph two, the nationals or societies from one party that request to constitute mining rights or to carry out trial, exploration or other activities protected by the mining legislation of the other Party, provided that they are circumscribed exclusively to the territory of the latter, whether they are small, medium or big mining projects, shall be able to have access to such rights or to carry out such activities directly, without previous pronouncement from the Administrating Commission, and must be ruled by the regulations of the home legislation of the country where such rights or activities are required.

In the cases when the investors from one Party that wish to acquire the property or mere tenancy or the constitution of other rights over property located exclusively in the territory of the other Party, within the scope of application of the Treaty, with the aim of developing a mining activity that does not require the borderacilitations, cross-border activities, the creation of cross-border easements or the exercise of the rights mentioned in Article 1, paragraph three, letter a) of that instrument, the verification of the existence of such activity shall correspond to the Administrating Commission. The above, notwithstanding the application of Article 5 when borderacilitations, cross-border activities, the creation of cross-border easements or the exercise of the rights indicated in Article 1, paragraph three, letter a) of the Treaty are required.

ARTICLE 2: In order to facilitate the fulfillment of the objectives of the Treaty and to avoid or solve differences that arise between the investor from one Party and the public organisms from the other Party over operational questions or matters, the Administrating Commission shall be able to establish fast negotiation proceedings.

ARTICLE 3: In accordance with the provisions in Article 6 of the Treaty, it shall be understood that the Parties shall allow the investors from one another the use of all kind of natural resources necessary for the development of the mining business, including in this concept the water resources existing in their respective territories, though they do not have the quality of shared water resources, whose access shall be granted fully complying with the home legislation of the country where those resources are located.

ARTICLE 4: Within the framework that the Treaty guarantees, especially in regard to the access, performance and protection of all the activities and services in relation to the mining business, it is understood that among them those that consider the respective legislation in favor of the mining concessions and beneficiation, smelting and refining plants are included, also including the sterile deposits and second washing or tailing dams. Considering that those rights, according to Article 1, paragraph three, letter a) of the Treaty shall be extended to the concessions and plants on territory of the other Part, these shall include, within the operations area that shall be determined in the respective Additional Protocol, the possibility of placing their facilities in the most proper spatial scope, granting for this purpose theacilitations that the investors require from one of them in the territory of the other for the development of their mining activities.

ARTICLE 5: Each Party shall adopt the necessary measures to safeguard the full compliance of the provisions of the Treaty in their territory in the national, provincial and regional scopes. For that purpose, once the Administrating Commission is constituted it shall be its duty, in the exercise of the faculty granted by Article 18, paragraph four, letter a), to guard that the competent authorities of both countries apply the Treaty and the present Protocol according to such purpose.

ARTICLE 6: The Administrating Commission shall determine the proceedings and the remaining measures necessary to adapt the Specific Additional Protocols corresponding to the present mining projects Pascual Lama and Pachón to the provisions of the Treaty, once this enters into force

ARTICLE 7: In the fulfillment of its roles, and regarding the matter that are submitted to its study and resolution, the Administrating Commission shall be able to make inquiries to representatives of the private sector. For said purpose, each Party shall be able to create an entrepreneurial advising commission, formed by representatives of the different sectors of the mining activity, whose role shall consist in giving advise on the topics that it is inquired about by the Administrating Commission.

ARTICLE 8: The present instrument is an integrating parts of the Treaty and shall enter into force along with it.

PARTIES
In Santiago, Chile, on August 20th of 1999.