Article
2.1:
Definitions of General Application

For the purposes of this Agreement, unless otherwise
specified:

(a) central
level of government means:

(i)
for Australia, the Commonwealth government; and

(ii)
for Chile, the national level of government;

(b) covered investment means, with respect to a Party, an
investment in its territory of an investor of the other Party
in existence as of the date of entry into force of this
Agreement or established, acquired, or expanded thereafter;

(c) Customs Administration means the competent authority that is
responsible under the law of a Party for the administration of
customs laws and regulations;

(d) customs duty includes any import duty and a charge of
any kind imposed in connection with the importation of a good,
including any form of surtax or surcharge in connection with
such importation, but does not include any:

(i) charge
equivalent to an internal tax imposed consistently with Article
III:2 of the GATT 1994; in respect of like, directly
competitive, or substitutable goods of the Party, or in respect
of goods from which the imported good has been manufactured or
produced in whole or in part;

(ii) safeguard
duties applied in accordance with Article XIX of GATT 1994 and
the Safeguards Agreement;

(iii) antidumping or
countervailing duty; and

(iv) fee or other charge
in connection with importation commensurate with the cost of
services rendered;

(e) days means calendar days, including weekends and holidays;

(f) enterprise means any entity constituted or organised 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;

(g) enterprise of a Party means an enterprise constituted or
organised under the law of a Party;

(h) existing means in effect on the date of entry into force of
this Agreement;

(i) GATS means the General Agreement on Trade in
Services, contained in Annex 1B of the WTO Agreement;

(j) GATT
1994 means the General Agreement on Tariffs and Trade
1994, contained in Annex 1A of the WTO Agreement;

(k) goods of a
Party means domestic products as these are understood in
GATT 1994 or such goods as the Parties may agree, and includes
originating goods of that Party. A good of a Party may
include materials of other countries;

(l) government procurement means the process by which a
government obtains the use of or acquires goods or services, or
any combination thereof, for governmental purposes and not with
a view to commercial sale or resale, or use in the production
or supply of goods or services for commercial sale or
resale;

(m) Harmonized System (HS) means the Harmonized Commodity
Description and Coding System governed by "The
International Convention on the Harmonized Commodity
Description and Coding System", including its General
Rules of Interpretation, Section Notes, and Chapter Notes, and
their amendments, as adopted and implemented by the Parties in
their respective tariff laws;

(n) heading means the first four digits in the tariff
classification number under the Harmonized System;

(o) investor of a Party means a Party or a national or an
enterprise of a Party, that attempts to make, is making, or has
made an investment in the territory of the other Party;
provided, however, that a natural person who is a dual national
shall be deemed to be exclusively a national of the State of
his/her dominant and effective nationality ^2-[1];

(p) measure means any measure by a Party, whether in the
form of a law, regulation, rule, procedure, practice, decision,
administrative action or any other form;

(q) national means a natural person who has the nationality of
a Party according to Annex 2-A;

(r) originating good means a good qualifying under the rules of
origin set out in Chapter 4 (Rules of Origin);

(s) person means a natural person or an enterprise;

(t) person of a Party means a national or an enterprise of a
Party;

(u) publish includes publication in written form or on the Internet;

(v) regional level of government means, for
Australia, a state of Australia, the Australian Capital
Territory, or the Northern Territory. For Chile, as a
unitary state, "regional level of government" is
not applicable;

(w) Safeguards Agreement means the Agreement on
Safeguards, contained in Annex 1A of the WTO Agreement;

(x) SPS
Agreement means the Agreement on the Application of
Sanitary and Phytosanitary Measures, contained in Annex 1A
of the WTO Agreement;

(y) state
enterprise means an enterprise wholly or majority owned or
controlled by a Party for the purposes of carrying on business
activity;

(z) subheading means the first six digits in the tariff
classification number under the Harmonized System;

(aa) territory means for a Party the territory of that Party
as set out in Annex 2-A;

(bb) TBT Agreement means the Agreement on Technical Barriers to Trade,
contained in Annex 1A of the WTO Agreement;

(cc) TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual
Property Rights, contained in Annex 1C of the WTO
Agreement;

(dd) WTO means the
World Trade Organization, and

(ee) WTO Agreement means the Marrakesh Agreement Establishing the World Trade
Organization, done on April 15, 1994.

Annex 2-A

Country-Specific Definitions

For the purposes of this Agreement, unless otherwise
specified:

1. natural person who has the nationality of a Party means:

(a)
with respect to Australia, an Australian citizen as defined in
the Australian Citizenship Act 2007, or a permanent
resident of Australia as defined in the Migration
Regulations 1994; and

(b)
with respect to Chile, a chileno (a) as defined in Constitución Política de la República
de Chile or a permanent resident of Chile; and

2. territory means:

(a) with respect to Australia, the territory of
the Commonwealth of Australia:

(i) excluding all external territories other than the
Territory of Norfolk Island, the Territory of Christmas Island,
the Territory of Cocos (Keeling) Islands, the Territory of
Ashmore and Cartier Islands, the Territory of Heard Island and
McDonald Islands, and the Coral Sea Islands Territory; and

(ii) including Australia's territorial sea, contiguous
zone, exclusive economic zone, and continental shelf; and

(b) with respect to Chile, the land, maritime,
and air space under its sovereignty, and the exclusive economic
zone and the continental shelf within which it exercises
sovereign rights and jurisdiction in accordance with
international law and its domestic law.

^2-[1] For greater certainty, the Parties understand that "investor of a Party" includes a state enterprise.