MULTILATERAL MEMORANDUM OF UNDERSTANDING

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ON ENFORCEMENT COOPERATION AMONG

THE NATIONAL CONSUMER PROTECTION AUTHORITIES OF CHILE,

COLOMBIA, MEXICO, PERU AND

THE FEDERAL TRADE COMMISSION OF THE UNITED STATES OF

AMERICA

Multilateral MOU for Cross-Border Consumer Protection Cooperation

The National Consumer Service (SERNAC, by its acronym in Spanish) of the Republic of

Chile, the Superintendence of Industry and Commerce (SIC, by its acronym in Spanish)

of the Republic of Colombia, the Office of the Federal Prosecutor for the Consumer

(PROFECO, by its acronym in Spanish) of the United Mexican States, the National

Institute for Defense of Competition and the Protection of Intellectual Property

(INDECOPI, by its acronym in Spanish) of the Republic of Peru, and the Federal Trade

Commission (FTC) of the United States of America (each designated individually as

“Participant”),

RECOGNIZING that the Participants are charged with the mission of protecting

consumers from unfair, deceptive and fraudulent practices, according to their respective

national laws and regulations in force;

RECOGNIZING that fraudulent and deceptive commercial practices, and other unlawful

conduct against consumers, undermine the integrity of markets and consumer confidence

in those markets to the detriment of all businesses and consumers;

RECOGNIZING that the enforcement challenges that exist go beyond national frontiers,

and that cooperation among national public authorities responsible for the enforcement

of consumer protection laws is essential to fight such practices;

RECOGNIZING that there is a need for effective and enhanced cross-border

collaboration amongst the Participants, as well as with criminal law enforcement

authorities in their respective countries, for enforcement cooperation, reciprocal

exchange of information, and sharing of expertise on consumer protection matters;

RECOGNIZING that the laws applicable to the Participants may contain certain

restrictions on international law enforcement assistance, including information disclosure,

and that nothing in this Memorandum of Understanding is intended to contravene such

restrictions;

RECOGNIZING the efforts already made to strengthen bilateral ties between Participants,

including memoranda of understanding, as well as the longstanding cooperation in such

multilateral fora as the Ibero-American Forum of Consumer Government Agencies

(FIAGC, by its acronym in Spanish) and the International Consumer Protection and

Enforcement Network (ICPEN); and

RECOGNIZING the considerable and increasing commercial trade and tourism among

the Participants’ countries;

HAVE REACHED THE FOLLOWING UNDERSTANDINGS:

PART ONE: DEFINITIONS, OBJECTIVES AND SCOPE OF ASSISTANCE

Definitions

For the purposes of this Memorandum of Understanding (“Memorandum”),

II.

“Applicable Consumer Protection Laws” means the laws and regulations

enforced by the Participants, as identified in Annex 1, and such other laws

or regulations as the Participants may from time to time identify in writing to

be an Applicable Consumer Protection Law for purposes of this

Memorandum.

“Covered Violation” means practices or conduct that would violate the

Applicable Consumer Protection Laws of one Participant's country and that

involve fraudulent or deceptive commercial practices or conduct or that

otherwise are the same or substantially similar to practices or conduct

prohibited by any provision of the Applicable Consumer Protection Laws for

the other Participants involved in cooperating on a given case or

investigation.

“Person” means any natural person or legal entity organized under or

authorized by the laws of any of the Participants.

“Request” means a request for assistance under this Memorandum.

“Requested Participant” means the Participant from which assistance is

sought under this Memorandum, or which has provided such assistance.

“Requesting Participant” means the Participant seeking or receiving

assistance under this Memorandum.

Objectives and Scope of Assistance

A. The purpose of this Memorandum is to establish a framework for the

cooperation, mutual assistance and the exchange of information under the

terms identified herein, in order to contribute to and facilitate the Participants

in carrying out their roles, in their respective countries, in protecting the

rights of consumers. It is understood that the implementation of the

provisions of this Memorandum is to be consistent with the laws, regulations

and agreements in force for the Participants and within the availability of the

resources of the Participants and will not be contrary to the public interest

of the country of the Requested Participant. The Participants do not intend

any provision of this Memorandum to:

Create legally binding international obligations, or modify or replace

laws, regulations or standards in effect or applicable in the

Participants’ countries. This Memorandum does not create any

enforceable right by third parties, nor does it affect any provision

established in other Memoranda entered into by the Participants

either bilaterally or multilaterally, and it is understood that any action

taken in furtherance of this Memorandum is not to contravene the

laws in effect in the country of the Participant carrying out said action;

Prevent any Participant from seeking assistance from or providing

assistance to any other Participant under other treaties,

arrangements or agreements; or

Affect any Participant’s ability to seek information on a lawful basis

from someone located in another Participant's country, or preclude

anyone from voluntarily providing legally obtained information to a

Participant.

B. The Participants understand that it is in their common interest to:

cooperate with respect to the enforcement of the Applicable

Consumer Protection Laws, including providing investigative

assistance and/or sharing relevant information;

facilitate mutual exchange of knowledge and expertise through

training programs and staff exchanges;

facilitate research and education related to consumer protection;

promote a better understanding by each Participant of economic and

legal conditions and theories relevant to the enforcement of the

Applicable Consumer Protection Laws;

inform each other of developments in their respective countries that

relate to this Memorandum; and

participate in periodic activities aimed at discussion of ongoing and

future opportunities for cooperation.

PART TWO: ENFORCEMENT COOPERATION

III.

Information Sharing and Requests for Assistance

A. Subject to Section IV (“Limitations to Assistance and Resolution of

Disagreements”), the Participants intend to:

share information, including complaints submitted by consumers,

within the limits established by the laws of each Participant without

prejudice to the ability of a Participant to limit the sharing of

complaints to those that have been submitted by consumers who

have given their express consent for such sharing, in accordance

with the laws of the relevant Participant;

provide investigative assistance in relevant cases of other

Participants, including obtaining information and materials, as

appropriate, within the availability of their respective budgetary and

human resources, and in accordance with their respective domestic

laws;

coordinate enforcement actions against cross-border Covered

Violations that are priority issues for both Participants;

provide, in accordance with the respective laws of each Participant,

other appropriate assistance relevant to the enforcement of

consumer protection laws against Covered Violations; and

participate as a member of the multinational project

www.econsumer.gov, and explore the use of its complaint data.

To facilitate such cooperation, each Participant indicates herein a primary

contact for the purposes of Requests for assistance and other

communications under this Memorandum. The initial contacts are identified

in Annex 2. This annex may be modified through written notice by any of

the Participants to the others.

Participants understand that:

Requesting Participants are expected to provide sufficient

information to enable the Requested Participant to determine

whether a request relates to a Covered Violation and to take action

in appropriate circumstances, using as a template the form in Annex

3. Such information may include a description of the facts underlying

the request and the type of assistance sought, as well as an

indication of any special precautions that should be taken in the

course of fulfilling the request, as described in Annex 3;

IV.

Requesting Participants are expected to specify the purposes for

which they intend to use the information requested;

Requesting Participants are expected, in conformity with Part III

(“Confidentiality”), to certify that they will maintain the confidentiality

of any Request for assistance, the existence of any investigation

relating to the request, all material relating to the Request and all the

information and material provided in response to each Request,

unless the Participants in question mutually decide to the contrary,

to the extent possible and in accordance with the law in effect for the

involved Participants; and

prior to requesting assistance, Requesting Participants intend to

perform a preliminary inquiry to confirm that the request is consistent

with the scope of this Memorandum and does not impose an

excessive burden on the Requested Participant.

Limitations on Assistance & Resolution of Disagreements

The Requested Participant may exercise its discretion to decline the request

for assistance, or limit or condition its cooperation, including where it is

outside the scope of this Memorandum, or more generally, where it would

be inconsistent with domestic laws, or important interests or priorities. The

refusal, limitation or conditioning of cooperation is expected to be wellfounded.

The Participants recognize that it is not feasible for a Participant to offer

assistance to the other Participants for every Covered Violation.

Accordingly, the Participants intend to seek and provide cooperation

focusing on those Covered Violations most serious in nature, such as those

that cause or are likely to cause injury to a significant number of persons,

and those otherwise causing substantial or irreparable injury.

A Requesting Participant may request the reasons for which a Requested

Participant declined or limited assistance.

Participants intend to work in good faith to resolve any issues related to

cooperation that may arise under this Memorandum.

Costs

A. Unless otherwise decided in writing by the Participants before any costs are

incurred, each Requested Participant is to bear its own costs incurred in

providing information or assistance to the Requesting Participant. The

Participants understand that this Memorandum establishes a framework for

cooperation, mutual assistance and the exchange of information in the

terms indicated herein; it does not suppose or necessarily imply transfer of

economic resources or payment of any consideration between the

Participants.

B. Each Requested Participant recognizes that its determination as to whether

to assume costs to respond to the Request of another Participant, or to ask

for reimbursement from the Requesting Participant as a condition for

fulfilling the Request, is a managerial decision of the Requested Participant

and is subject to the budget availability granted to that Participant, and to

the laws and regulations governing that Participant’s budgetary and

financial matters.

PART THREE: CONFIDENTIALITY

VI.

Confidentiality Certification

The Participants recognize that information they share under Part Two is

expected to be maintained in confidence unless otherwise determined by

the Participants involved in such sharing.

Accordingly, to the fullest extent possible, and in accordance with laws in

effect in the Participant countries, each Participant is expected to certify that

information shared under Part Two will be maintained in confidence and will

be used only for official law enforcement purposes, using as a template the

form in Annex 3 (“Standard Request Form and Certification of

Confidentiality”).

This certification applies not only to the shared

information, but also to the existence of an investigation to which the

information relates and any Request for assistance. The Participants intend

to maintain the confidentiality of the shared information, the existence of the

investigation to which the information relates, and any Requests made

pursuant to this Memorandum, and not further disclose or use this

information for purposes other than those for which it was originally shared,

without the prior written consent of a Requested Participant.

Each Participant is expected to safeguard the security of any information

received under this Memorandum and respect any safeguards mutually

decided upon by the Participants involved in the Request. In the event of

any unauthorized access or disclosure of the information by third parties is

discovered, the Participants intend to take all reasonable steps to prevent

a recurrence of the event and to promptly notify the other affected

Participants of the occurrence.

VII.

The Participants recognize that information and materials exchanged in

connection with investigations and enforcement often contain personally

identifiable information. If the Requesting Participant wishes to obtain

information under Part Two that includes personally identifiable information,

then the Participants understand that they are expected to take additional

appropriate measures to transmit and safeguard the materials containing

personally identifiable information in a safe manner. Such appropriate

measures include, but are not limited to, the following examples and their

reasonable equivalents, which may be used separately or combined as

appropriate to particular circumstances:

transmitting the materials in an encrypted format;

transmitting the materials directly by a courier with package tracking

capabilities;

maintaining the materials in secure, limited access locations (e.g.,

password-protected files for electronic information and locked

storage for hard-copy information), for a time period applicable under

the laws and regulations of the relevant Participant; and

if used in a proceeding that may lead to public disclosure, redacting

personally identifiable information or filing under seal.

Disclosure of Information Maintained in Confidence

Notwithstanding the foregoing, the Participants expressly recognize that a

Participant may disclose information provided pursuant to this

Memorandum in response to a formal demand from a Participant country’s

legislative body or an order issued from a court with proper jurisdiction in an

action commenced by the Participant or its government or in fulfillment of a

law of a Participant that orders the disclosure to third parties; and

The Participants are expected to oppose, within the scope of their countries'

laws and regulations, any application by a third party for disclosure of

information received from a Requested Participant and maintained in

confidence, unless the Requested Participant consents to its release. The

Participant who receives such an application is expected to notify forthwith

the Requested Participant that provided it with the information maintained

in confidence.

VIII.

IX.

Retention of Materials

Participants understand they are expected not to retain materials shared

under this Memorandum for longer than is reasonably needed to fulfill the

purpose for which the information was shared, or any document retention

required by the Requesting Participant's country's laws, whichever is longer.

The Participants recognize that in order to fulfill the purpose for which the

materials were shared, the Participants typically need to retain the shared

materials until the conclusion of the pertinent investigation or related

proceedings for which the materials were requested.

The Participants are expected to return any materials that are no longer

needed if at the time they are shared the Requested Participant makes a

written request that such materials be returned. If no request for return of

the materials is made, then the Requesting Participant may dispose of the

materials using methods prescribed by the Requested Participant, or if no

such methods have been prescribed, by other secure methods, as soon as

practicable after the information and materials are no longer required.

Consultation with Other Government Entities

Subject to Sections IV and VI, the Participants intend to coordinate with

other national criminal and civil authorities in their respective jurisdictions in

order to further the aims of this Memorandum, including information sharing

and enforcement cooperation, to the extent such coordination is warranted

by the particular facts of a given case.

The Participants recognize that coordination with the government

authorities listed in Annex 4 may be warranted in connection with

investigations of suspected fraudulent and deceptive commercial practices

or conduct victimizing consumers. Requested Participants therefore intend

in appropriate cases to help a Requesting Participant contact, obtain

information from, and make case referrals to, those other government

authorities located in a Requested Participant’s country.

To the extent that any of the government authorities listed in Annex 4

exercise control over the sharing of information maintained in confidence,

the Participants intend in appropriate cases to facilitate their investigative

assistance.

The Participants intend to coordinate such consultation through the points

of contact designated in Annex 2.

PART FOUR: TECHNICAL COOPERATION

Capacity Building Initiatives

XI.

The Participants intend to collaborate on building the capacity of their staff

to investigate and enforce consumer protection laws. Such collaboration

includes the following:

staff exchanges and joint training programs;

periodic teleconferences or webinars to exchange information on

legal developments, enforcement actions and techniques, as well as

to discuss ongoing and future opportunities for cooperation; and

the exchange of other relevant information within the scope of this

Memorandum.

Educational Materials

The Participants intend to collaborate regarding the development and

dissemination of consumer and business education materials, particularly

regarding Covered Violations of a cross-border nature.

To the extent practicable and where appropriate, the Participants intend to

assist in the dissemination of relevant consumer and business education

materials in print or digital form within their jurisdiction.

PART FIVE: GOOD FAITH & INTELLECTUAL PROPERTY

XII.

Good Faith

A. In carrying out the terms of this Memorandum, the Participants intend to

conduct themselves with honesty, probity, truthfulness and integrity and to

refrain from performing, directly or indirectly, through their officials, civil

servants, agents, legal representatives and related persons, any practice or

action that does not conform to or is not contemplated in their legal

framework or that may call into question their professional and/or moral

quality, before any public or private authority, the media or any third party.

B. The Participants affirm that, during the process of negotiation and execution

of this Memorandum, no event, situation or fact has arisen that involves any

indication of corruption that may affect the implementation of this

Memorandum.

XIII.

Intellectual Property Rights

The Participants intend to respect inalienably the intellectual property rights of the

materials and products that are granted or obtained as a result of the joint activity of the

Participants and those derived from actions carried out within the framework of this

Memorandum.

Likewise, the Participants intend not to use the distinctive signs and/or graphic

representation (e.g., logo, isotype and/or imagotype) of the other Participant for purposes

not contemplated in the object of this Memorandum, except with the written consent of

the other Participant. Furthermore, to use these elements, the Participants intend to

coordinate in advance, so that such use is carried out consistent with the internal

guidelines of each Participant.

PART SIX: DURATION AND EFFECT

XIV.

Duration of Cooperation

The Participants intend cooperation consistent with this Memorandum to

begin as of the date it is signed by all Participants and to continue as

provided in this Memorandum, without limiting any obligations that the

domestic administrative regulations of each country of the Participants may

impose with respect to the validity of this Memorandum. This Memorandum

may be modified by mutual decision of the Participants, through the

adoption of an Addendum, which will form part of this Memorandum and will

become operative upon the date of its signature.

Assistance consistent with this Memorandum is understood to be available

concerning Covered Violations occurring before as well as after the

Memorandum becomes operative.

Any Participant may discontinue its participation in this Memorandum at any

time and for any reason. Under such circumstances, the Memorandum will

be terminated as to that Participant requesting discontinuation as

described, on the thirtieth day from receipt of notification by the last

Participant notified and will remain in effect for the remaining Participants

that have not expressed an intention to discontinue. Similarly, the

Memorandum continues to apply with respect to all Requests for assistance

that may be carried out before the effective date of such discontinuation.

XV.

Upon discontinuation of activities by a Participant under this Memorandum,

the Participant is expected to maintain the confidentiality of any information

communicated to it by the other Participants consistent with the provisions

of this Memorandum, and return or destroy information obtained from the

other Participants consistent with this Memorandum, without limiting the

obligation of each of the Participants to comply with their respective legal

and/or administrative rules regarding such matters.

Participation of Other Consumer Protection Authorities

Other consumer protection authorities may become Participants in this Memorandum

upon the mutual consent of the original Participants.

SIGNATURES

This Memorandum is signed in the Spanish and English languages, with both texts to

have the same meaning.

SIGNATURES-A

ANNEX 1

Applicable Consumer Protection Laws

Applicable consumer protection laws and the legal basis that grants the authority to

maintain information in confidence:

For Chile

1. Decree with Force of Law N°3 of 2019, from the Ministry of Economy, Development

and Tourism, setting the text established, coordinated and systematized by Law

N°19.496, that establishes the standards for the protection of consumers’ rights.

2. Law N°19.628 on Personal Data Protection.

Article 7 - Persons working in the processing of personal data, both in public and private

organizations, are obliged to keep them secret, when they come from or have been

collected from sources not accessible to the public, as well as other data and background

information related to the data bank, an obligation that does not cease when their activities

in this field are terminated.

Article 9.- Personal data shall be used only for the purposes for which they were collected,

unless they come from or have been collected from sources accessible to the public.

Article 20.- The processing of personal data by a public body may only be carried out with

respect to the matters within its competence and subject to the preceding rules. Under

these conditions, it shall not require the consent of the owner.

Article 21.- The public bodies that submit to processing personal data relating to

convictions for crimes, administrative offenses or disciplinary offenses, may not

communicate them once the criminal or administrative action has expired, or once the

sanction or penalty has been served or has expired.

Except in cases where such information is requested by the Courts of Justice or other

public bodies within the scope of their competence, who shall keep such information in

due reserve or secrecy and, in any case, the provisions of articles 5, 7, 11 and 18 shall

be applicable to them.

3. Law N°21.234, which limits the responsibility of data subjects or users of payment cards

and electronic transactions in case of loss.

4. Law N°21.236, which regulates financial portability.

5. Law N°18.010, which establishes standards on credit operations and other monetary

obligations.

NB: This list is not exclusive, but rather refers to the principal laws and not the entirety of

applicable laws in this area.

For Colombia

1. Consumer Statute (Ley 1480 de 2011) together with its decrees and auxiliary laws

(Decreto 1413 de 2018, Decreto 587 de 2016, Decreto 679 de 2016, Decreto 1368 de

2014, Decreto 1499 de 2014, Decreto 1369 de 2014, Decreto 975 de 2014, Decreto 735

de 2013, Decreto 0704 de 2012, Decreto 2184 de 2012 & Ley 1935 de 2018).

2. Title II "Consumer Protection" of the Circular Única of the SIC

3. Decree 1074 of 2015 – Unified Regulatory Decree on the Commercial, Industrial and

Tourism Sector

4. Law 1335 of 2013- Tobacco Control in Colombia

5. Tourism Standards: Ley 300 de 1996, modified by Laws 1101 de 2006, 1429 of 2010,

1450 of 2011,1558 of 2012, & 2068 of 2020, as well as Decree 2106 of 2019. In addition,

there exist other corresponding and/or complementary provisions that form part of the

framework, such as Law 679 of 2001, Law 1336 of 2009, Decree 1074 of 2015 and Law

1480 of 2011 that are applicable in a supplementary way and not regulated in a special

framework.

6.Standards on Public Performances: Standards on public performances are contained

principally in Decree 1080 of 2015, which is the Unified Regulatory Decree of that sector,

Decree 537 of 30 March 2017, which modifies the cited decree and the Unified Circular

of the SIC.

7. Communications Standards: Standards in communications are contained principally

in Law 1341 of 2009, as modified by Law 1978 of 2019, Law 1369 of 2009 and Resolution

CRC 5050 de 2016.

8. Financial sector: Financial Consumer Protection Law – Law 1328 of 2009, partially

regulated by National Decree 2373 of 2010.

9. Health sector: Law 1122 of 2007, where the "Health User Ombudsman" is created.

For Mexico

1. Federal Consumer Protection Law: Common Clauses

ARTICLE 99. - The Agency will receive the complaints and claims of the consumers

individually or in group based on this law, which can be presented in writing, orally,

telephonically, electronically or by any other medium if they meet the following

prerequisites:

Name and address of the claimant;

II.

Description of the good or service claimed and a brief telling of the facts;

III.

Name and address of the supplier, as it aARTICLE 124 BIS. - In order to

substantiate procedures regarding infringements to the law, as indicated in this Chapter,

the provisions of the Federal Administrative Procedure Law shall be applied in a

supplementary manner.ppears in the receipt, that supports the transaction behind the

claim or, alternatively, the one that the claimant provides;

IV.

The place or manner in which they request their claim be solved;

For assistance and for a complaint or claim to have a legal basis, it shall be also

proven that there is a quality of sameness, an act, intensions and a supplier; the legal

capacity of the representative or representatives of the claimants; that the representation

and paper work is done for free, and that they are not linked to political or electoral

campaigning, and

VI.

Consumer associations or organizations that file group complaints shall also prove:

Their legal incorporation and the legal capacity of their representatives;

That their corporate purpose is the promotion and defense of the interests and

rights of the consumers;

That they were created at least one year ago;

That the consumers in the group complaint have expressed their will to be part of

the complaint;

That there is no conflict of interests regarding the complaint that is to be filed stated

in writing under protest of telling the truth.

That the representation and paperwork is done for free, and

That they are not institutionally involved in political or electoral campaigning

activities.

Claims by natural or artificial persons referred to by the first Section of article 2 of this law,

that purchase, store, use or consume goods or services with the purposes of using them

in production, transformation, commercialization processes or for rendering services to

third parties, will be lawful as long as the transaction of the claim does not exceed

$521,139.82.

The Agency may request to the federal, state or municipal authorities, or to the authorities

of the Federal District, to provide the data required to identify and locate the supplier. The

aforementioned authorities shall respond such request within fifteen days from the date

of its submission.

2. Federal Consumer Protection Law: Procedures Regarding Law Infringements

ARTICLE 123.- In order to establish a breach to this Law and, if applicable, the imposition

of the penalties stipulated herein, the Agency shall give notice to the alleged infringer of

the facts subject-matter of the procedure, and shall grant a term of ten business days to

introduce evidence and refute them in written. Otherwise, the Agency shall issue a

decision pursuant to the evidentiary means that have been made available to it.

When the Agency detects infringements to the Mexican Official Standards and brings the

procedure indicated in this provision against a supplier by reason of the marketing of

goods or products that are not in compliance with such standards, it shall also give notice

to the manufacturer, producer or importer of such goods or products on the initiation of

the procedure set forth in this article. The Agency shall establish the penalties that may

be legally admissible once the procedure in question is completed.

The Agency shall admit the evidence it deems advisable, and shall proceed to introduce

them. Likewise, it may request from the alleged infringer or from third parties other

evidence it may deem advisable.

Once the introduction of evidence concludes, the Agency shall give notice to the alleged

infringer so that the infringer may submit arguments within the next two business days.

The Agency shall render a decision within the next fifteen business days.

ARTICLE 124. - The Agency may request from the claimant in the settlement or arbitral

procedure or, if applicable, from the denunciating party, to furnish evidence in order to

prove the existence of infringements to this Law.

ARTICLE 124 BIS. - In order to substantiate procedures regarding infringements to the

law, as indicated in this Chapter, the provisions of the Federal Administrative Procedure

Law shall be applied in a supplementary manner.

3. Ley General de Transparencia y Acceso a la Información Pública (General Law on

Transparency and Access to Public Information)

Article 4. The human right of access to information includes requesting, investigating,

disseminating, seeking and receiving information. All information generated, obtained,

acquired, transformed or in possession of the regulated entities is public and accessible

to any person under the terms and conditions established in this Law, in the international

treaties to which the Mexican State is a party, the Federal Law, the laws of the Federal

Entities and the regulations applicable to their respective competencies; it may only

exceptionally be classified as temporarily reserved for reasons of public interest and

national security, under the terms set forth in this Law.

Article 113. Reserved information may be classified as that the publication of which:

I. Compromises national security, public safety or national defense and has a genuine

purpose and demonstrable effect;

II. May undermine the conduct of negotiations and international relations;

III. Is delivered to the Mexican State expressly as such or as confidential by another or

other subjects of international law, except in the case of serious violations of human rights

or crimes against humanity.

human rights or crimes against humanity in accordance with international law;

IV. May affect the effectiveness of the measures adopted in relation to monetary,

exchange or financial system policies of the country; may jeopardize the stability of

financial institutions susceptible of being considered of systemic risk or of the financial

system of the country; may compromise the security in the supply of national currency to

the country; or may increase the cost of financial operations carried out by the regulated

entities of the federal public sector;

V. May endanger the life, safety or health of a natural person;

VI. Obstructs verification, inspection and auditing activities related to compliance with

laws or affects the collection of taxes;

VII. Obstructs the prevention or prosecution of crimes;

VIII. That which contains the opinions, recommendations or points of view that are part of

the deliberative process of the public servants, until the final decision is adopted, which

must be documented;

IX. Obstructs the procedures to hold Public Servants accountable, until the administrative

resolution has been issued; X. Obstructs the procedures to hold Public Servants

accountable, until the administrative resolution has been issued;

X. Affect the rights of due process;

XI. Violates the conduction of judicial files or administrative procedures followed in the

form of a trial, as long as they have not caused status;

XII. Is contained within the investigations of facts that the law indicates as crimes and are

processed before the Public Prosecutor's Office; and

XIII. Those which by express provision of a law have such character, provided that they

are in accordance with the bases, principles and provisions established in this Law and

do not contravene it; as well as those provided for in international treaties.

In order for the regulated entities to allow access to confidential information, they must

obtain the consent of the individuals who are the owners of the information. The consent

of the owner of the confidential information shall not be required when:

I. The information is found in public records or sources of public access;

II. By law it is of a public nature;

III. There is a court order;

IV. for reasons of national security and general health, or to protect the rights of third

parties, its publication is required, or

V. When it is transmitted between obligated subjects and between these and subjects of

international law, in terms of treaties and inter-institutional agreements, provided that the

information is used for the exercise of their own powers. For the purposes of section IV

of this article, the guarantor body must apply the public interest test. In addition, a clear

connection between the confidential information and a matter of public interest and the

proportionality between the invasion of privacy caused by the disclosure of the

confidential information and the public interest of the information must be corroborated.

4. Ley Federal de Transparencia y Acceso a la Información Pública

(Federal Law on Transparency and Access to Public Information)

Article 3. All the information generated, obtained, acquired, transformed or in possession

of the federal regulated entities, referred to in the General Law of Transparency and

Access to Public Information and this Law, is public, accessible to any person and may

only be exceptionally classified as temporarily reserved for reasons of public interest and

national security or as confidential. Individuals shall have access to it under the terms set

forth in these laws.

The human right of access to information includes requesting, investigating,

disseminating, seeking and receiving information.

Article 97. Classification is the process by which the regulated entity determines that the

information in its possession meets any of the conditions of confidentiality or reserve, in

accordance with the provisions of this Title.

In the process of classifying information, the regulated entities shall observe, in addition

to the provisions of Title Six of the General Law, the provisions of this Law.

The heads of the areas of the regulated entities shall be responsible for classifying the

information, in accordance with the provisions of the General Law and this Law. The

regulated entities shall apply, in a restrictive and limited manner, the exceptions to the

right of access to information set forth in this Title and shall prove their origin, without

extending the exceptions or assumptions of reserve or confidentiality set forth in the laws,

in accordance with the provisions of the General Law.

The regulated entities may not issue agreements of a general or particular nature that

classify documents or files as reserved, nor classify documents before responding to a

request for access to information.

The classification of reserved information will be made according to a case by case

analysis, through the application of the harm test.

Article 110. Pursuant to the provisions of Article 113 of the General Law, information

whose publication may be classified as reserved information:

I. Compromises national security, public safety or national defense and has a genuine

purpose and demonstrable effect;

II. May undermine the conduct of negotiations and international relations;

III. Is delivered to the Mexican State expressly as such or as confidential by another or

other subjects of international law, except in the case of serious violations of human rights

or crimes against humanity in accordance with international law;

IV. May affect the effectiveness of the measures adopted in relation to monetary,

exchange or financial system policies of the country; may jeopardize the stability of

financial institutions susceptible of being considered of systemic risk or of the financial

system of the country; may compromise the security in the supply of national currency to

the country; or may increase the cost of financial operations carried out by the regulated

entities of the federal public sector;

V. May endanger the life, safety or health of a natural person;

VI. Obstructs verification, inspection and auditing activities related to compliance with

laws or affects the collection of taxes;

VII. Obstructs the prevention or prosecution of crimes;

VIII. That which contains the opinions, recommendations or points of view that are part of

the deliberative process of the Public Servants, until the final decision is adopted, which

must be documented;

IX. Obstructs the procedures to hold Public Servants accountable, as long as the

administrative resolution has not been issued;

X. Affect the rights of due process;

XI. Violates the conduction of judicial files or administrative procedures followed in the

form of a trial, as long as they have not caused status;

XII. Is contained within the investigations of facts that the law indicates as crimes and are

processed before the Public Prosecutor's Office; and

XIII. Those which by express provision of a law have such character, provided that they

are in accordance with the bases, principles and provisions established in the General

Law and this Law and do not contravene them; as well as those provided for in

international treaties.

Article 117. In order for the regulated entities to allow access to confidential information,

they are required to obtain the consent of the individuals who are the owners of the

information.

The consent of the owner of the confidential information shall not be required when:

I.The information is in public records or sources of public access;

II.By law it has the character of public;

III. There is a court order;

IV. For reasons of national security and general health, or to protect the rights of third

parties, its publication is required; or

V. When it is transmitted between obligated subjects and between these and subjects of

international law, in terms of treaties and inter-institutional agreements, provided that the

information is used for the exercise of their own powers.

For the purposes of section IV of this article, the Institute must apply the public interest

test. In addition, a clear connection between the confidential information and a matter of

public interest and the proportionality between the invasion of privacy caused by the

disclosure of the confidential information and the public interest of the information must

be corroborated.

2. Ley General de Protección de Datos Personales en Posesión de Sujetos Obligados

(Federal Law on Protection of Personal Data Held by Individuals)

Article 65. Any transfer of personal data, whether national or international, is subject to

the consent of its owner, except for the exceptions provided for in articles 22, 66 and 70

of this Law.

Article 66. Any transfer must be formalized through the signing of contractual clauses,

collaboration agreements or any other legal instrument, in accordance with the

regulations that are applicable to the person in charge, which allows demonstrating the

scope of the processing of personal data, as well as the obligations and responsibilities

assumed by the parties. The provisions of the preceding paragraph shall not apply in the

following cases:

I. When the transfer is national and is made between responsible parties by virtue of

compliance with a legal provision or in the exercise of powers expressly conferred on

them, or

II. When the transfer is international and is provided for in a law or treaty signed and

ratified by Mexico, or is carried out at the request of a foreign authority or competent

international organization in its capacity as recipient, as long as the powers between the

responsible transferor and receiver are homologous, or else, the purposes that motivate

the transfer are analogous or compatible with respect to those that gave rise to the

treatment of the transferor.

Article 67. When the transfer is national, the recipient of the personal data must treat the

personal data, committing to guarantee its confidentiality and will only use them for the

purposes that were transferred in accordance with what is agreed in the privacy notice

that will be communicated to you by transferring manager.

Article 68. The person in charge may only transfer or forward personal data outside the

national territory when the receiving third party or the person entrusted undertakes to

protect the personal data in accordance with the principles and duties established by this

Law and the provisions that are applicable in the matter.

Article 69. In any transfer of personal data, the person in charge must notify the recipient

of the personal data of the privacy notice according to which the personal data is

processed against the owner.

Article 70. The person in charge may transfer personal data without the need to require

the consent of the owner, in the following cases:

I. When the transfer is provided for in this Law or other laws, agreements or International

Treaties signed and ratified by Mexico;

II. When the transfer is made between controllers, as long as the personal data is used

for the exercise of own powers, compatible or analogous with the purpose that motivated

the processing of personal data;

III. When the transfer is legally required for the investigation and prosecution of crimes,

as well as the procurement or administration of justice;

IV. When the transfer is necessary for the recognition, exercise or defense of a right

before a competent authority, as long as there is a request from the latter;

V. When the transfer is necessary for the prevention or medical diagnosis, the provision

of health care, medical treatment or the management of health services, as long as said

purposes are accredited;

VI. When the transfer is necessary for the maintenance or fulfillment of a legal relationship

between the person in charge and the owner;

VII. When the transfer is necessary by virtue of a contract concluded or to be concluded

in the interest of the owner, by the person in charge and a third party;

VII. In the case of cases in which the person in charge is not obliged to obtain the consent

of the owner for the treatment and transmission of his personal data, in accordance with

the provisions of article 22 of this Law, or

IX. When the transfer is necessary for reasons of national security.

The updating of some of the exceptions provided for in this article does not exempt the

person in charge from complying with the obligations provided for in this Chapter that are

applicable.

Article 71. The national and international transfers of personal data that are carried out

between the person in charge and the person entrusted will not require that the owner be

informed, nor to have his consent.

For Peru:

General Legal Framework

1. Law 29571.- Consumer Protection and Defense Code.

2. Law 28587. - Complementary Law to the Consumer Protection Law, covering financial

services.

3. Supreme Decree 011-2011-PCM, which approves the Regulation on the Complaint

Ledgers from the Consumer Protection and Defense Code.

4. Directive 001-2008-TRI-INDECOPI.- which covers confidentiality of information in

procedures followed by Indecopi’s administrative organs.

5. Supreme Decree 050-2016-PCM.- Supreme Decree that approves the Regulation that

establishes the procedures for communicating warnings and alerts on unforeseen risks

of products and services placed on the market that affect the health and/or safety of

consumers.

6. Supreme Decree 004-2019-JUS.- Supreme Decree that approves the Unified Text

ordered by Law 27444 – General Administrative Procedure Law

7. Supreme Decree 103-2019-PCM. - Supreme Decree that approves the Regulation on

the System for Consumer Mediation

8. Supreme Decree 185-2019-PCM. - Supreme Decree that approves the Regulation that

promotes and regulates the voluntary implementation of programs for compliance with

standard in the area of consumer protection and commercial advertising.

9. Supreme Decree 032-2021-PCM.- Supreme Decree that approves the scaling,

methodology and factors for the determination of fines that Indecopi’s dispute resolution

bodies may impose with respect to infractions that are subject to sanctions within its

jurisdiction.

10. Directive 001-2021-COD-INDECOPI. - Unified Directive that regulates the Consumer

Protection Procedures contemplated in the Consumer Protection and Defense Code.

NB: This list is not exclusive, but rather refers to the principal laws and not the entirety of

applicable laws in this area.

For the United States of America:

The Federal Trade Commission Act, 15 U.S.C. §§ 41-58, the Telemarketing and

Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101-6108, the CAN-SPAM

Act of 2003, 15 U.S.C. §§ 7701-7713, and other consumer protection laws, and the

regulations promulgated pursuant to such laws, except those provisions comprising

Federal antitrust laws (as defined in section 12(5) of the International Antitrust

Enforcement Assistance Act of 1994 (15 U.S.C § 6211(5))).

The FTC protects the confidentiality of sensitive, nonpublic information received from

businesses or consumers located domestically or abroad, or from foreign authorities,

under applicable provisions of U.S. law. As a general matter, the FTC typically does not

disclose nonpublic agency information. Nonpublic agency information can include

information submitted to the agency, information about the Commission’s investigations

and actions, and information about internal agency deliberations. Unauthorized

disclosure of nonpublic information submitted to the Commission is subject to criminal

prosecution and punishable by fines or imprisonment under the FTC Act, 15 U.S.C. §

50. Under certain circumstances, unauthorized disclosure of nonpublic agency

information is subject to criminal sanction under the Trade Secrets Act, 18 U.S.C. §

1905, the Larceny Act, 18 U.S.C. § 641, and SEC Rule 10b-5. In addition, the

disclosure of materials submitted to the Commission is restricted by the following

provisions of the FTC Act:

Sections 21(b) and 21(f) of the FTC Act, together with Commission Rule 4.10(d),

limit disclosure of information in a law enforcement investigation if the information

was submitted pursuant to compulsory process or if it was submitted voluntarily

in lieu of such process pursuant to a request and designated confidential.

Section 6(f) of the FTC Act limits disclosure of trade secrets and confidential or

privileged commercial or financial information.

Section 21(c) of the FTC Act requires pre-disclosure notice to the submitter

where the Commission intends to disclose documents marked “confidential” by a

submitter if the Commission or its designee determines that such documents are

not in fact confidential.

The FTC Act does, however, permit disclosure of information protected by Sections 6(f),

21(b) and 21(f) to foreign law enforcement authorities in specified circumstances. 1

Other federal laws also require the FTC to treat specific types of information as

confidential, without regard to the manner in which the information is obtained. For

example, U.S. law imposes confidentiality obligations regarding certain classes of

information, including personally identifiable information, maintained by federal agencies.

See, e.g., 5 U.S.C. § 552a (Privacy Act of 1974). There are certain, discrete

circumstances in which the FTC may disclose a person’s confidential information for a

specific use. For example, the FTC Act does not bar the agency’s use of a person’s

confidential information in judicial and administrative proceedings. However, the Federal

Rules of Civil Procedure and FTC Rules of Practice include procedures to protect

confidential information used in judicial proceedings or FTC administrative proceedings.

For instance, the person providing information may seek a protective order to prevent

confidential information from being made public or from being used outside the court

proceeding. See Fed. R. Civ. P. 26(c); 16 C.F.R. § 3.31(d) (requiring Administrative Law

Judge in FTC proceeding to issue a specific protective order). In addition, the FTC Act

does not prohibit the agency from complying with information requests from Congress.

In the event of such a request, however, the agency must notify the submitter of the

information, and the agency can request confidential treatment of any information that

may be shared.

The FTC is also subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552,

which requires the agency to provide access to certain existing government records to

the public. The law recognizes, however, that the disclosure of certain information could

be harmful. It therefore recognizes exceptions and excludes some records, or portions

of records, from release including certain law enforcement records (e.g., certain

investigatory files) including from foreign agencies. In addition, under Section 21(f) of

the FTC Act as amended by the U.S. SAFE WEB Act, the FTC may also withhold from

Such disclosure is permitted in the agency’s discretion, for example, when the foreign

law enforcement authority requests information for the purpose of investigating or

engaging in enforcement proceedings related to possible violations of foreign laws

prohibiting fraudulent or deceptive practices or other practices substantially similar to

practices prohibited by any law administered by the Commission. Among other

requirements, the foreign law enforcement agency must certify that it will use such

information only for official law enforcement purposes, and set forth a bona fide legal

basis for its authority to maintain the information in confidence.

disclosure:

(i) any material obtained from a foreign law enforcement agency or other foreign

government agency, if the foreign law enforcement agency or other foreign

government agency has requested confidential treatment, or has precluded such

disclosure under other use limitations, as a condition of providing the material;

(ii) any material reflecting a consumer complaint obtained from any other foreign

source, if that foreign source supplying the material has requested confidential

treatment as a condition of providing the material; or

(iii) any material reflecting a consumer complaint submitted to a Commission

reporting mechanism sponsored in part by foreign law enforcement agencies or

other foreign government agencies.

ANNEX 1-A

Applicable Consumer Protection Laws

Applicable consumer protection laws and the legal basis that grants the authority to

maintain information in confidence:

For Costa Rica:

1. Political Constitution, article 46.

2. Law for the Promotion of Competition and Effective Consumer Defense, No. 7472

of 1995, effective January 19, 1995.

3. Law Access to justice for consumers, Law No. 10360, effective May 3, 2023.

4. Executive Decree No. 37899-MEIC, Regulations to Law No. 7472 and its

reforms, effective September 23, 2013.

5. Organic Law of the Ministry of Economy, Industry, and Commerce, Law No. 6054,

effective June 23, 1977.

6. Executive Decree 39917-MEIC, Regulatory Reform to Law No. 6054 “Organic

Law of the Ministry of Economy, Industry, and Commerce,” establishes the

functions of the Department of Consumer Support (DAC).

7. Law on the Protection of the Person on the processing of their personal data,

Law No. 8968, effective September 5, 2011.

8. Law of the National System for Quality, No. 10473.

For Panama :

The Republic of Panama, as one of the main places of commerce, the Panamanian

government developed the following applicable Laws:

1. The Political Constitution of the Republic of Panama, in its article 49 ,

establishes consumer rights as a fundamental guarantee, stating that the State

recognizes and guarantees the right of every person to obtain quality goods and

services, truthful and sufficient information about the goods and services they

acquire; as well as freedom of choice and conditions of equitable and dignified

treatment. It indicates that the necessary mechanisms must be established by

law to guarantee these rights, consumer defense procedures, compensation for

damages and sanctions for the infringement of these rights.

2. Law No. 45 of October 31, 2007, “Which dictates the Rules on Consumer

Protection and Defense of Competition and Other provisions.”

3. Law No. 6 of February 3, 1997, “By which the Regulatory and Institutional

Framework for the Provision of Public Service and Electricity ordered by Law 194

of 2020 is issued. Modified by Law 68 of September 1, 2011, Law 43 of 9 of

August 2012 and Law 18 of March 26, 2013, Law 2 of February 6, 2018. This law

is regulated by Executive Decree 22 of June 19, 1998.”

4. Law No. 14 of May 26, 1993, “By which public land transportation of passengers

is regulated and other provisions are issued,” modified by Law No. 34 of July 28,

1999.”

5. Law No. 31 of February 8, 1996, “By which rules are issued for the regulation

of telecommunications in the Republic of Panama.”

6. Law No. 81 of March 26, 2019, “On Data Protection.” Art. 1. This Law aims to

establish the principles, rights, obligations and procedures that regulate the

protection of personal data, considering its interrelation with the private life and

other fundamental rights and freedoms of citizens, by natural persons or legal

entities, under public or private law, for profit or not, that process personal data

in the terms provided for in this Law.

7. Executive Decree No. 52 of April 30, 2008. “That adopts the Single Text of

Decree Law No. 9 of February 26, 1998, modified by Decree Law No. 2 of

February 22, 2008.”

8. Resolution AN No. 5161-AU of March 5, 2012, “By which the Regulation on

Rights is extended to clients and users of Pay Radio and Television services, as

well as Natural Gas Distribution and Duties of Users of Public Services and a

Single Procedure is adopted for the Attention to Claims filed by clients of the

public services of Drinking Water, Sanitary Sewage, Electricity,

Telecommunications, Radio and Pay Television, as well as Distribution of Natural

Gas.”

It is attested that this list of regulations is not exclusive, but rather makes references

to the main and not total regulations on the matter.

For the Dominican Republic:

1. General Law for the Protection of Consumer or User Rights No. 358-05,

dated September 9, 2005.

Establishes the regime for the defense of consumer and user rights that guarantees

equity and legal security in the relationships between suppliers, consumers of goods

and users of services, whether under public or private law, national or foreign, in

harmony with the provisions for this purpose contained in the sectoral laws.

2. Regulations for the application of Law No. 358-05, dated May 30, 2008.

Its objective is the implementation of the General Law for the Protection of Consumer

and User Rights, No. 358-05, of September 9, 2005, and provides for the initial

administrative measures to give effect to certain basic guarantees of protection,

defense, representation and association, for the benefit of consumers and users,

through the organization and effectiveness of complementary regulations and

administrative procedures, within the National Institute for the Protection of

Consumer Rights (Pro Consumidor).

3. Regulations of Consumer and User Organizations, dated September 16,

2010.

Establishes the regulatory framework for organizations that defend the rights of

consumers and users, within the scope of the provisions contained in articles 93 et

seq. of Law No. 358-05, of September 9, 2005.

4. Law No.166-12 of the Dominican System for Quality (SIDOCAL), dated July

12, 2012.

Defines, establishes and regulates the Dominican System for Quality as the national

infrastructure in charge of activities directly related to the development and

demonstration of quality, including standardization, metrology, inspection and

testing, certification and accreditation, all structured in a logical and subject to a

certain technical hierarchy and institutional competencies.

5. Law No.17-19 on Eradication of Illicit Trade, Smuggling and Counterfeiting

of Regulated Products in the Dominican Republic.

Its objective is to eradicate illicit trade in goods, classifying the crimes of illicit trade,

smuggling and counterfeiting of regulated products and establishing administrative

and criminal sanctions.

6. Law No. 107-13, which regulates the rights and duties of people in their

relationship with the Public Administration, dated August 6, 2013.

It regulates the rights and duties of people in their relations with the Public

Administration, the principles that support these relations and the rules of

administrative procedure that govern administrative activity.

7. Law No.172-13, on comprehensive protection of personal data, dated

December 15, 2013.

It undertakes to regulate the comprehensive protection of personal data recorded in

files, public registries, data banks or other technical means of data processing

intended to provide reports, whether public or private, to ensure that the rights to

honor and privacy of persons are not infringed, and to facilitate access to the

information that is recorded about them, in accordance with the provisions of Article

44 of the Constitution of the Republic.

iii

Likewise, it regulates the constitution, organization, activities, operation, and

termination of Credit Information Companies (SIC), as well as the provision of credit

reference services and the supply of information in the market, guaranteeing respect

for the privacy and the rights of its owners, promoting truthfulness, precision,

effective updating, confidentiality and appropriate use of said information.

8. The General Health Law No.42-01, dated March 8, 2001.

Its objective is the regulation of all actions that allow the State to make effective the

population’s right to health, and includes all health aspects related to environmental

and nutritional health.

Art. 3.- All Dominicans, and foreign citizens who have established their residence in

the national territory, are entitled to the right to health promotion, disease prevention

and protection, recovery and rehabilitation of their health, without any discrimination.

9. Resolution 016-2014 of the Board of Directors of Proconsumidor, which

regulates misleading advertising in the Dominican Republic, dated August

14, 2014.

Resolution 016-2014 of the Board of Directors of Proconsumidor, issued on August

14, 2014, seeks to guarantee the protection of the rights of Dominican consumers

against misleading advertising, promoting a fair and transparent market. This type

of regulation is crucial to protect consumers from unfair business practices and

ensure that the information provided by advertisers is accurate, clear and not

misleading.

10. Resolution No.517-2017 Board of Directors of Proconsumidor, on

Impartiality Policy, Inspection and Surveillance of Pro Consumidor, dated

October 31, 2017.

Establishes the specific objectives that guide Proconsumidor’s inspection and

surveillance activities, ensuring that they are aligned with the protection of consumer

rights and compliance with applicable laws and regulations.

It also establishes the criteria and procedures that inspectors must follow when

carrying out inspections in commercial establishments, companies and other places

subject to regulation.

11. Resolution 020-2018 Board of Directors of Proconsumidor, on charges for

services, dated September 27, 2018 (modification of Res. 001-2013 dated

May 8, 2013).

Its main objective is to regulate charges for services to protect the interests of

Dominican consumers, promoting transparency and avoiding unfair commercial

practices in relation to additional charges that may affect service users.

12. Resolution 008-2020 Board of Directors of Proconsumidor, on the

registration process of adhesion contracts, dated June 10, 2020.

Its purpose is to regulate the process by which adhesion contracts are registered

with Proconsumidor, ensuring that these agreements comply with the standards of

transparency and consumer protection in the Dominican Republic.

13. Resolution of the Executive Directorate of Proconsumidor that prohibits

the marketing of chemicals used to manufacture “devil’s acid,” dated

September 16, 2021.

This resolution represents an effort by Proconsumidor to regulate and control the

distribution of dangerous chemicals that could be used in the manufacture of “devil’s

acid,” thus contributing to the safety and protection of citizens in the Dominican

Republic.

14. Resolution No.1438-2022, on the collection of 10% legal tip, dated August

12, 2022.

Prohibits the collection of ten percent (10%) as a legal tip in commercial

establishments where food or drinks are sold, in cases where consumers did not use

the premises’ facilities to enjoy the product.

15. Resolution 1579-2022 of the Executive Directorate of Proconsumidor, on

Compliance with Food Labeling, dated September 1, 2022.

This resolution’s main objective is to regulate and ensure compliance with food

labeling standards in the country.

Food labeling regulations are important for consumer protection, as they provide

essential information about the food products that are marketed. Some of the

aspects that this resolution addresses are the following:

1. Nutrition information: Establish clear requirements on the nutritional

information that must be included on food labels, such as calorie, fat,

carbohydrate, protein, vitamin and mineral content.

2. Ingredients: Specify the list of ingredients that must be declared on labels,

ensuring that consumers are informed about the components and possible

allergens.

3. Expiration date or best before date: Establish rules on how the expiration

date or best before use should be indicated on food products.

4. Clear and legible presentation: Ensure that information on labels is

presented in a clear, legible, and understandable manner for consumers.

5. Compliance and sanctions: Establish procedures to verify compliance with

these regulations by food manufacturers and distributors, as well as sanctions

in case of non-compliance.

ANNEX 2

Designated Initial Primary Contacts

for Requests for Assistance and Other Communications under this Memorandum

For Chile

Name:

Andrés Herrera Troncoso

Title:

National Director

Telephone:

+56 44 2024613

E-mail:

aherreratr@sernac.cl

Mailing Address: Agustinas 1336, piso 7, Santiago, Región Metropolitana.

For Colombia

Name:

Mateo Varela Martínez

Title:

Coordinator of International Affairs

Telephone:

+ 57 1 587 00 00 ext 10635

E-mail:

mvarela@sic.gov.co

Mailing Address: Carrera 13 No. 27 - 00

For Mexico

Name:

Alma Laurence Contreras Garibay

Title:

Deputy Legal Attorney

Telephone:

+52 55 5625 6700 ext. 16780

E-mail:

alcontrerasg@profeco.gob.mx

Mailing Address: Av. José Vasconcelos 208 Col. Condesa, Cuauhtémoc

06140 Ciudad de México

For Peru:

Name:

Title:

Yvette Sanguineti Campos

Legal Coordinator of the National Consumer Protection

Authority Directorate

Telephone:

991 861 170/(+511) 224 7800 Anexo 3901

E-mail:

ysanguineti@indecopi.gob.pe

Mailing Address: Av. Del Aire 384, San Borja, Lima, Perú

For the United States of America:

Name:

Hugh Stevenson

Title:

Deputy Director, Office of International Affairs

Telephone:

1.202.326.3511

E-mail:

hstevenson@ftc.gov

Mailing Address: 600 Pennsylvania Avenue, NW, Washington DC 20580

ANNEX 2-A

Designated Initial Primary Contacts

for Requests for Assistance and Other Communications under this Memorandum

For the Republic of Costa Rica’s Ministry of Economy, Industry, and Commerce

(MEIC):

Name: Cynthia Zapata Calvo

Title: Director of the Directorate of Consumer Support

Telephone: +506 25491442

Email: czapata@meic.go.cr

Mailing Address: San José, Oficentro Asebanacio, Llorente de Tibás, Avenida 45

For the Republic of Panama’s Consumer Protection and Competition Authority

(ACODECO):

Name: Aarón Alexander A.

Title: Chief of the Office of International Technical Cooperation

Telephone: +507-510-1363 Ext. 275

Email: aalexander@acodeco.gob.pa

Mailing Address: Panamá, Ciudad de Panamá, Avenida Fernández de Córdoba,

Plaza Córdoba.

For the Dominican Republic’s National Institute for the Protection of Consumer

Rights (Pro Consumidor):

Name: Eddy Alcántara

Title: Executive Director

Telephone: +1 809-567-8555

Email: Eddy.alcantara@proconsumidor.gob.do

Direccionejecutiva@proconsumidor.gob.do

Mailing Address: Av. Charles Summer #33, Los Prados, Santo Domingo, R. D.

Name: Johanna Calderón

Title: Legal Director

Telephone: +1 809-567-8555

Email: johanna.calderon@proconsumidor.gob.do

Mailing Address: Av. Charles Summer #33, Los Prados, Santo Domingo, R. D.

ANNEX 3

Standard Request Form

The Standard Request form is expected to include the following:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

the names of the Requested and of the Requesting Participants;

the name, location, and contact details of the subject(s) of the investigation, if

available;

a general description of the alleged Covered Violation including, where

applicable, the name of the product or service and the advertising or sales

medium involved;

the estimated number and location of consumers likely to be harmed and the

estimated economic harm;

the Applicable Consumer Protection Laws allegedly violated;

the description of the assistance requested;

the purpose for which the information requested will be used;

an affirmation to maintain the confidentiality of the Information exchanged

pursuant to the Memorandum (see attached form) and the legal basis for

maintaining confidentiality of a Request and all Information exchanged in

connection with the Request;

an indication of any special precautions that should be taken in the course of

fulfilling the Request;

a description of any investigation and consultations undertaken by the

Requesting Participant;

a description of the information and materials establishing a Covered Violation

including witnesses and documents that the Requesting Participant can provide

to the Requested Participant; and

a declaration as to whether the Requesting Participant intends to share with

another entity any Information exchanged in relation to the Request and, if there

is such an intention, the name of that entity and any limitation or process to share

that information.

CERTIFICATION

Requesting Participant:

Country:

_____________________________________

Requested Participant:

Country:

_____________________________________

Pursuant to Section VI of the Multilateral Memorandum of Understanding on

Enforcement Cooperation among the National Consumer Protection Authorities

of Chile, Colombia, Mexico and Peru and the Federal Trade Commission

(“Memorandum”), I hereby certify on behalf of the Requesting Participant that:

1. Any information or materials received pursuant to this Request for

assistance will be used only for official law enforcement purposes and

maintained in confidence.

2. The Requesting Participant will not disclose the information or materials

(including to a domestic or foreign law enforcement agency) except in

connection with a judicial, administrative, or other legal proceeding

commenced by this agency and related to our Request.

3. If use in such a proceeding would result in public disclosure, the

Requesting Participant will give the Requested Participant prior written

notice of its intention to use the materials in the proceeding and an

opportunity to seek appropriate relief.

4. The Requesting Participant, to the extent permitted by law, will notify

Requested Participant of the results of the investigation or enforcement

proceeding pertaining to the Request.

5. This agency will not retain documents and electronically stored

information and tangible things that were shared under this Memorandum

for longer than is reasonably needed for the purpose for which such

materials were shared, or any document retention required by law,

whichever is longer, and will return or delete any such materials that are

no longer needed within a reasonable time after such materials are no

longer required.

The legal basis for the Requesting Participant to maintain the confidentiality for

the requested material in confidence is identified in Annex 1 of the

Memorandum.

On behalf of the Requesting Participant:

Signed:

Date:

Name:

Title:

Phone:

Email:

Address:

ANNEX 4

Consultation with Other Government Entities

The following government entities are recognized as having particular interest in

contributing to the Memorandum’s goal of enhancing cross-border cooperation among

consumer protection agencies:

For Chile

1.Ministerio de Economía, Fomento y Turismo

2.Ministerio de Relaciones Exteriores de Chile

For Colombia

Ministerio de Comercio, Industria y Turismo (MINCIT)

Superintendencia Financiera

Superintendencia de Transporte

Superintendencia Nacional de Salud

Instituto Nacional de Vigilancia de Medicamentos y Alimentos

Comisión de Regulación de Comunicaciones

For Mexico

Secretaría de Economía (SE)

Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos

Personales (INAI)

Instituto Nacional de Telecomunicaciones (IFT)

Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios

Financieros (Condusef)

Comisión Federal de Competencia Económica (Cofece)

For Peru:

1.Ministerio de Educación

2.Ministerio de la Producción

3.Ministerio de Salud

4.Ministerio de Transportes y Comunicaciones

5.Ministerio de Vivienda, Construcción y Saneamiento

6.Ministerio de Economía y Finanzas

7.Gobiernos Regionales

8.Gobiernos Locales

9.Superintendencia de Banca, Seguros y AFP

10.Organismos Reguladores de Servicios Públicos

11.Defensoría del Pueblo

For the United States of America:

United States Department of Justice, Consumer Protection Branch

United States Postal Inspection Service

Consumer Financial Protection Bureau

Food and Drug Administration

Federal Communications Commission

ANNEX 4-A

Consultation with Other Government Entities

The following government entities are recognized as having particular interest in

contributing to the Memorandum’s goal of enhancing cross-border cooperation among

consumer protection agencies:

For Costa Rica:

1. Ministerio de Economía, Industria y Comercio

2. Dirección de Calidad

3. Ministerio de Salud

4. Ministerio de Comercio Exterior

5. Poder Judicial

For Panamá:

Ministerio de Relaciones Exteriores

Ministerio de Comercio e Industrias

Autoridad de Turismo de Panamá

For the Dominican Republic:

1. Instituto Dominicano de las Telecomunicaciones (INDOTEL).

2. Procuraduría General de la República.

3. Ministerio de Industria y Comercio (MIC)

4. Superintendencia de Bancos.

5. Dirección General de Medicamentos, Alimentos y Productos Sanitarios (DIGEMAPS)

6. Dirección General de Aduanas.

7. Oficina de Servicios y Protección al usuario financiero, PRO USUARIO.

8. Superintendencia de Electricidad (PROTECOM).

9. Policía de Turismo (POLITUR).

10. Defensoría del Pueblo.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.