Mexico - Nicaragua FTA (1997)
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Title

Free Trade Agreement between the Government of the United Mexican States and the Government of the Republic of Nicaragua

Preamble

The Government of the Republic of Nicaragua and the Government of the United Mexican States,

Determined to:

To strengthen the special bonds of friendship, solidarity and cooperation between their peoples;

Accelerating and encourage the revitalization of American integration schemes;

To achieve a better balance in trade relations between their countries, taking into account their levels of economic development;

To contribute to the harmonious development and expansion of world trade and the expansion of international cooperation;

Create a wider market and insurance to produced goods or services supplied in their territories;

Reducing distortions in their reciprocal trade;

Establish clear rules and mutual benefits for their commercial exchanges;

Ensure a predictable trading environment for business planning and investment;

Develop their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization (WTO) Agreement and other bilateral and multilateral instruments of cooperation and integration;

Strengthen the competitiveness of their enterprises in global markets;

Encourage innovation and creativity through the protection of intellectual property rights;

The creation of new employment opportunities, improving working conditions and living standards in their respective territories;

Protecting fundamental rights of workers;

The foregoing engage in a manner consistent with the protection and conservation of the environment;

Strengthen the development and implementation of laws and regulations on the environment;

Promote sustainable development;

Preserving its ability to safeguard the public welfare; and

Promoting the active participation of the various economic operators, in particular the private sector, in efforts to strengthen economic relations between the parties and to develop and to maximize the opportunities for its joint presence in international markets;

This held Free Trade Agreement

In accordance with the provisions of the WTO Agreement.

Body

Chapter I. Initial Provisions

Article 1-01. Establishment of the Free Trade Area

The parties establish a free trade area in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and article V of the General Agreement on Trade in Services.

Article 1-02. Objectives

1. The objectives of this Treaty, specifically developed through its Principles and Rules, including the national treatment and most favoured nation treatment and transparency, are the following:

a) Encourage expansion and diversification of trade between the parties;

b) Eliminate barriers to trade and facilitate the movement of goods and services between the parties;

c) Promote conditions of fair competition in the trade between the parties;

d) Substantially increase investment opportunities in the territories of the Parties;

e) Protect and enforce adequate and effective protection of intellectual property rights in the territory of each party;

f) Establish guidelines for further cooperation between the parties, as well as at the regional and multilateral cooperation to expand and enhance the benefits of this Treaty; and

g) Create effective procedures for the implementation and application of this Treaty, for its joint administration and for the resolution of disputes.

2. The Parties shall interpret and apply the provisions of this Treaty in the light of the objectives set out in paragraph 1 and in accordance with applicable rules of international law.

Article 1-03. Relationship with other International Treaties and Agreements

1. The Parties confirm their rights and obligations existing between them under the WTO Agreement and other treaties and agreements to which they are party.

2. In the event of any inconsistency between the provisions of the treaties and agreements referred to in paragraph 1 and the provisions of this Treaty, the latter shall prevail to the extent of the inconsistency.

Article 1-04. Observance of the Treaty

Each Party shall ensure, in accordance with its constitutional rules, the implementation of the provisions of this Treaty in its territory at the federal or central, regional and state or municipal respectively, except where otherwise provided in this Treaty.

Article 1-05. Succession

Any reference to any other treaty or international agreement shall be made on the same terms for a treaty or a successor agreement to which the parties are party.

Chapter II. General Definitions

Article 2-01. Definitions of General Application

For the purposes of this Agreement, unless otherwise provided, the following definitions shall apply:

customs tariff: any tax or tariff import duty and any other charge of any kind imposed in connection with the importation of goods, including any form of surtax or surcharge on imports, except:

a) Any charge equivalent to an internal tax established in accordance with article 111: 2 of the GATT 1994 with respect to similar goods, direct competitors or replacement of the party or in respect of goods from which has been manufactured or produced in whole or in part the imported goods;

b) Any compensatory quota applied in accordance with the domestic law of the party and is not inconsistent with the provisions of chapter IX (unfair practices of international trade);

c) Any duty or other charge in connection with importation commensurate with the cost of services rendered; and

d) Any premium offered or collected on imported goods, arising out of any tendering system in respect of the administration of quantitative import restrictions or preference or aranceles-cuota tariff quotas;

Goods of a Party: means domestic products as understood in GATT 1994 or goods such as the parties may agree and includes originating goods. a good of a Party may include materials of other countries;

Originating good: means good which complies with the rules of origin set out in chapter IV (rules of origin);

Customs valuation code: means the Agreement on Implementation of article VII of the General Agreement on Tariffs and Trade 1994, including its interpretative notes;

Commission: the Administering Commission established under article 19-01; share: compensatory duty and quota anti-dumping or countervailing duty according to the legislation of each party;

Days: means normal or calendar days;

Enterprise: means constituted a legal person or organized under the applicable law, whether or not for profit and whether privately-owned or governmental and other organizations or economic units which are duly constituted or otherwise organized under the applicable law, including branches, foundations, companies, trusts, shares, firms, sole proprietorship enterprise co-investments or other associations;

State enterprise: means an enterprise that is owned by a party or under its control through participation in the capital;

Enterprise of a party: means an enterprise constituted or organized under the law of a party;

Fraction tariff: the breakdown of a code of tariff classification of the harmonized system for more than six digits;

Measure: means any law, regulation, provision or administrative practice; national means a natural person who has the nationality of a Party according to its applicable law. the term also extends to persons who, in accordance with the legislation of that Party, having the character of permanent residents in the territory of the same;

Party: any State with respect to which this Treaty has entered into force;

Exporting Party: the Party from whose territory is exported goods or services;

Importing Party: the party into whose territory is imported goods or services;

Heading: a code of tariff classification of the Harmonized System at the 4-digit level;

Person: means a natural person or an enterprise;

Party: means a person of a national or an enterprise of a party;

Programme of tariff relief: the one established in article 3-04;

Secretariat: the Secretariat established under article 19-02;

Harmonized System (HS): means the Harmonized Commodity Description and Coding System of goods, including its general rules of classification and its explanatory notes;

Subheading: a code of tariff classification six-digit HS level; territory means: for each Party, as defined in the annex to this Article.

Annex to Article 2-01. Country-specific definitions

For purposes of this Treaty, unless otherwise specified:

Territory:

a) With respect to Mexico:

i) The States of the Federation and the Federal District;

ii) The islands and cays, including the reefs in adjacent seas;

iii) The islands of Guadalupe revillagigedo and situated in the Pacific Ocean;

iv) the continental shelf and the submarine sockets of islands, cays and reefs;

v) The waters of the territorial seas, in the extension and terms set by international law, and inland waters;

vi) The space on the national territory to the extent and modalities that establishes the International Law; and

vii) Any areas beyond the territorial seas of Mexico within which it may exercise rights with respect to the seabed and subsoil and the natural resources therein, in accordance with international law, including the United Nations Convention on the Law of the Sea, as well as with its domestic law; and

b) In Nicaragua, the Land, Sea and Air Space under its sovereignty, marine and submarine areas over which the Republic of Nicaragua exercises sovereign rights and jurisdiction in accordance with its legislation and international law.

Chapter III. National Treatment and Market Access for Goods

Section A. Scope and Definitions

Article 3-01. Definitions

For purposes of this chapter:

Consumed:

a) Actually consumed; or

b) Processed or manufactured so as to result in a substantial change in value, form or use of the good or good in the production of another;

Non-commercial samples: the commercial samples are marked, broken, perforated or treated so that the disqualifying for sale or for any use that is not a significant sample; and

Performance requirement means a requirement to:

a) Specific export volume or percentage of goods or services;

b) Replace goods or services imported goods or services of the party granting the waiver of customs duties;

c) Where a person benefiting from a waiver of customs duties other purchase goods or services in the territory of the party or granting a accord preference to domestically produced goods or services;

d) Where a person benefiting from a waiver of customs duties produce goods or provide services in the territory of the party which accords with a given level or percentage of domestic content; or

e) In any way relate to the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows.

Article 3-02. Scope

This chapter applies to trade in goods between the parties except as otherwise provided in this Treaty.

Section B. National Treatment National Treatment

Article 3-03. National Treatment

1. Each Party shall accord to the National Treatment goods of the other Party in accordance with article III of the GATT 1994, including its interpretative notes. to this end article III of the GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof.

2. The provisions of paragraph 1 regarding National Treatment means with respect to a State or municipality, treatment no less favourable than the most favourable treatment accorded by such State or municipality to any similar goods, direct competitors or substitutes, as the case may be, of the Party of which they are members.

3. Paragraphs 1 and 2 do not apply to the measures set out in the annex to article 3-03 and 3-09.

Section C. Tariffs

Article 3-04. Tariff Relief

1. Except as otherwise provided in this Agreement, no Party may increase any existing customs duties, or adopt any new customs duties, on originating goods. (1) ( 2)

2. Except as otherwise provided in this Treaty, each Party shall progressively eliminate its customs duties on goods originating as set out in the Annex to this article.

3. At the request of either party shall consult the parties to consider accelerating the elimination of customs duties set out in the schedule of tariff relief. once approved by the parties in accordance with its applicable legal procedures, the Agreement on the accelerated elimination of customs duties on a good that is reached between the parties, shall prevail over any customs tariff or period of relief identified in accordance with the schedule of relief that tariff for good.

4. Except as otherwise provided, this treaty incorporates the tariff preferences previously negotiated between the parties pursuant to the First Protocol amending the partial agreement concluded between Mexico and Nicaragua, as reflected in the manner in the schedule of tariff relief. from the entry Entry into Force of this Treaty shall be without effect preferences granted or negotiated between the parties in the framework of the First Protocol amending the partial agreement concluded between Mexico and Nicaragua.

5. Each Party may adopt or maintain measures to allocate the import share of imports under the volumes set through tariffs (tariff-quota) according to the schedule of tariff relief, provided that such measures do not have restrictive trade effects on imports additional to those caused by the imposition of the tariff rate quota.

6. At the written request of any Party, a party applying or intending to apply measures on imports in accordance with paragraph 5 shall consult to review the administration of those measures.

(1) Paragraph 1 does not prohibit a Party from increasing a customs duty to a level no higher than that set out in the Tariff Discharge Schedule to this Agreement where such customs duty has previously been unilaterally reduced to any level lower than that set out in the Tariff Discharge Schedule.
(2) Paragraphs 1 and 2 are not intended to prevent any Party from increasing a customs duty where such an increase is authorized by any provision of a WTO dispute settlement proceeding between the Parties.

Article 3-05. Restrictions on Duty Drawback on Exported Goods and on Duty Deferral Programs

1. For purposes of this Article, the following definitions shall apply:

customs duties: the customs duties that would be applicable to a good that is imported for consumption in the customs territory of a Party if the good were not exported to the territory of another Party;

fungible goods: "fungible goods" as defined in Chapter VI (Rules of Origin);

identical or like goods: goods that are alike in all respects, including physical characteristics, quality and goodwill, as well as goods that, although not alike in all respects, have similar characteristics and composition, enabling them to perform the same functions and to be commercially interchangeable; and

material: "material" as defined in Chapter VI (Rules of Origin).

No Party may refund the amount of customs duties paid, or exempt or reduce the amount of customs duties owed, on a good imported into its territory by an amount that exceeds the total customs duties paid or owed on that quantity of that imported good, with due allowance for waste, that is:

a. used as a material in the production of another good subsequently exported to the territory of the other Party; or

b. replaced by an identical or similar good used as a material in the production of another good subsequently exported to the territory of the other Party.

No Party may, on condition of export, refund, waive or reduce:

a. countervailing duties applied in accordance with the legislation of each Party;

b. premiums offered or collected on imported goods arising from any tendering system relating to the application of quantitative import restrictions, tariff-rate quotas, or tariff preference quotas; or

c. customs duties paid or owed on a good imported into its territory and replaced by an identical or similar good that is subsequently exported to the territory of the other Party.

4. Except as otherwise provided in this Article, on or after July 1, 2005, and in the circumstances set out in paragraph 6, a Party may not refund the amount of customs duties paid, or waive or reduce the amount of customs duties owed, with respect to a good imported into its territory, provided that the good is:

a. used as a material in the production of an originating good subsequently exported to the territory of the other Party; or

b. replaced by an identical or similar good used as a material in the production of an originating good subsequently exported to the territory of the other Party.

5. under the tariff deferral program and any of the conditions set out in subparagraphs (a) and (b) of paragraph 4 are met, the Party from whose territory the good was exported shall

a. determine the amount of customs duties as if the exported good had been destined for domestic consumption; and

b. within 60 days of the date of exportation, collect the amount of customs duties as if the exported good had been destined for domestic consumption.

6. Paragraphs 4 and 5 apply:

a. from the time Nicaragua applies to a non-Party provisions similar to those contained in those paragraphs; or

b. to a good imported into the territory of a Party that satisfies the conditions in paragraph 4(a) and (b). In this case, drawback of customs duties shall be suspended for three years where it is demonstrated that the drawback, exemption, or reduction of customs duties simultaneously

i) creates a significant distortion of the tariff treatment applied by the Party granting the duty drawback, exemption, or tariff reduction in favor of the export of goods from the territory of that Party; and

ii) causes injury to the domestic production of identical or similar goods, or direct competitors of the other Party.

7. For purposes of paragraph 6, there is a significant distortion of the tariff treatment applied by the Party granting the refund, exemption or reduction of customs duties in favor of the export of goods of the territory of that Party where:

a. the amount of customs duties refunded, exempted or reduced on goods imported into the territory of that Party that meet the conditions set out in subparagraphs (a) and (b) of paragraph 4 and for which there is production in the territory of the Parties exceeds 5% of the total value of imports in any one year of originating goods classified in a tariff item of the Party to whose territory those originating goods are exported; or

b. a Party refunds, exempts, or reduces customs duties on goods or materials originating in the territory of a non-Party on the importation of which it maintains quantitative restrictions and those goods or materials are subsequently exported to the other Party and used in the production of goods subsequently exported to the other Party.

8. For purposes of paragraph 6, for the determination of injury:

a. injury means a significant impairment of domestic production; and

b. domestic production means the producer or producers of identical or similar goods, or direct competitors operating within the territory of a Party and constituting a significant proportion exceeding 35% of the total domestic production of those goods.

9. Paragraphs 3, 4 and 5 do not apply to:

a. a good that is imported under bond or guarantee to be transported and exported to the territory of the other Party;

b. a good that is exported to the territory of the other Party in the same condition in which it was imported into the territory of the Party from which it is exported. Processes such as testing, cleaning, repackaging, inspection or preservation of the good in the same condition shall not be considered as changes in the condition of the good. When a good has been commingled with fungible goods and exported in the same condition, its origin, for purposes of this paragraph, may be determined on the basis of the inventory methods set out in Chapter VI (Rules of Origin);

Page 1 Next page
  • Chapter   I Initial Provisions 1
  • Article   1-01 Establishment of the Free Trade Area 1
  • Article   1-02 Objectives 1
  • Article   1-03 Relationship with other International Treaties and Agreements 1
  • Article   1-04 Observance of the Treaty 1
  • Article   1-05 Succession 1
  • Chapter   II General Definitions 1
  • Article   2-01 Definitions of General Application 1
  • Annex to Article 2-01  Country-specific definitions 1
  • Chapter   III National Treatment and Market Access for Goods 1
  • Section   A Scope and Definitions 1
  • Article   3-01 Definitions 1
  • Article   3-02 Scope 1
  • Section   B National Treatment National Treatment 1
  • Article   3-03 National Treatment 1
  • Section   C Tariffs 1
  • Article   3-04 Tariff Relief 1
  • Article   3-05 Restrictions on Duty Drawback on Exported Goods and on Duty Deferral Programs 1
  • Article   3-06 Temporary admission of goods 2
  • Article   3-07 Import free of customs tariff for commercial samples void 2
  • Article   3-08 Exemption from customs tariffs 2
  • Section   D Non-tariff measures 2
  • Article   3-09 Restrictions on the importation and exportation. 2
  • Article   3-10 Export taxes 2
  • Article   3-11 Customs processing fees 2
  • Article   3-12 Country of origin marking 2
  • Article   3-13 Distinctive product 2
  • Section   E Publication and notification 2
  • Article   3-14 Publication and notification 2
  • Section   F Provisions on textile goods 2
  • Article   3-15 Levels of flexibility to temporary goods classified in Chapters 61 and 62 of the Harmonized System. 2
  • Chapter   IV Agriculture 3
  • Article   4-01 Definitions 3
  • Article   4-02 Scope 3
  • Article   4-03 International Obligations 3
  • Article   4-04 Access to Markets 3
  • Article   4-05 Domestic Support 3
  • Article   4-06 Export Subsidies 3
  • Article   4-07 Technical Standards and Agricultural Marketing 3
  • Article   4-08 Committee on Agricultural Trade 3
  • Chapter   V Sanitary and Phytosanitary Measures 3
  • Article   5-01 Definitions 3
  • Article   5-02 Scope 3
  • Article   5-03 Fundamental Rights and Obligations 3
  • Article   5-04 International Standards and Standardisation Bodies 3
  • Article   5-05 Equivalence 3
  • Article   5-06 Risk assessment and appropriate level of sanitary and phytosanitary protection 4
  • Article   5-07 Adaptation to regional conditions and recognition of pest or disease free areas and areas of low pest or disease prevalence 4
  • Article   5-08 Control procedures, inspection and approval 4
  • Article   5-09 Provision of information, notification and publication 4
  • Article   5-10 Information centres 4
  • Article   5-11 Limitations on the provision of information 4
  • Article   5-12 Committee on Sanitary and Phytosanitary Measures. 4
  • Article   5-13 Technical cooperation 4
  • Article   5-14 Technical consultations 4
  • Article   5-15 Dispute settlement 4
  • Chapter   VI Rules of origin 4
  • Article   6-01 Definitions 4
  • Article   6-02 Implementation tools 5
  • Article   6-03 Originating goods 5
  • Article   6-04 Regional value content 5
  • Article   6-05 Value of the materials 5
  • Article   6-06 De minimis 5
  • Article   6-07 Intermediate material 5
  • Article   6-08 Cumulation 5
  • Article   6-09 Fungible goods and materials 5
  • Article   6-10 Sets or assortments 5
  • Article   6-11 Indirect materials 5
  • Article   6-12 Spare parts and accessories, tools or alterations 5
  • Article   6-13 Packages and packing materials for retail sale. 5
  • Article   6-14 Packing materials and containers for shipment 5
  • Article   6-15 Goods of the automotive industry 5
  • Article   6-16 Operations and practices that do not confer origin 6
  • Article   6-17 Transhipment and direct consignment 6
  • Article   6-18 Consultations and amendments 6
  • Article   6-19 Interpretation 6
  • Article   6-20 Transitional provisions on regional value content 6
  • Chapter   VII Customs procedures 6
  • Article   7-01 Definitions 6
  • Article   7-02 Statement and certification of origin 6
  • Article   7-03 Duties on imports 6
  • Article   7-04 Duties on exports 6
  • Article   7-05 Exceptions 6
  • Article   7-06 Accounting records 6
  • Article   7-07 Procedures to verify the origin 6
  • Article   7-08 Review and challenge 6
  • Article   7-09 Sanctions 6
  • Article   7-10 Advance rulings 6
  • Article   7-11 Committee on Customs Procedures 7
  • Chapter   VIII Safeguards 7
  • Article   8-01 Definitions 7
  • Article   8-02 Safeguards regime 7
  • Section   A Bilateral measures 7
  • Article   8-03 Conditions of application 7
  • Article   8-04 Compensation for bilateral measures 7
  • Section   B Comprehensive measures 7
  • Article   8-05 Rights under the WTO 7
  • Article   8-06 Criteria for the adoption of a comprehensive measure 7
  • Article   8-07 Compensation for comprehensive measures 7
  • Section   C Procedure 7
  • Article   8-08 Adoption procedure 7
  • Article   8-09 Research 7
  • Article   8-10 Determination of serious injury or threat of serious harm 7
  • Article   8-11 Effect of other factors 7
  • Article   8-12 Publication and notification 7
  • Article   8-13 Content of the notification 7
  • Article   8-14 Prior consultations 7
  • Article   8-15 Confidential information 7
  • Article   8-16 Observations of the exporting Party 7
  • Article   8-17 Extension 7
  • Chapter   IX International unfair trade practices 7
  • Article   9-01 definitions 7
  • Article   9-02 General provisions 7
  • Article   9-03 Export subsidies 7
  • Article   9-04 Rights and obligations of the parties concerned 7
  • Article   9-05 Countervailing duties 7
  • Article   9-06 Copies 7
  • Article   9-07 Publication 7
  • Article   9-08 Content of resolutions 8
  • Article   9-09 Notifications and deadlines 8
  • Article   9-10 Deadlines for provisional measures 8
  • Article   9-11 Adoption and publication of the preliminary ruling 8
  • Article   9-12 Content of the preliminary ruling 8
  • Article   9-13 Conciliation hearings 8
  • Article   9-14 Briefings 8
  • Article   9-15 Public hearings 8
  • Article   9-16 Obligation to terminate an investigation 8
  • Article   9-17 Enforcement of countervailing contributions 8
  • Article   9-18 Refund or drawback 8
  • Article   9-19 Clarifications 8
  • Article   9-20 Review 8
  • Article   9-21 Access to files 8
  • Article   9-22 Access to other cases 8
  • Article   9-23 Access to confidential information 8
  • Article   9-24 Amendments to national legislation. 8
  • Chapter   X Principles on Trade in Services 8
  • Article   10-01 Definitions 8
  • Article   10-02 Scope of application 8
  • Article   10-03 Most-favoured-nation treatment 8
  • Article   10-04 National treatment 8
  • Article   10-05 Non-mandatory local presence 8
  • Article   10-06 Consolidation of measures 8
  • Article   10-07 Transparency 8
  • Article   10-08 Quantitative restrictions 8
  • Article   10-09 Future liberalization 8
  • Article   10-10 Liberalization of non-discriminatory measures 8
  • Article   10-11 Procedures 8
  • Article   10-12 Limitations on the provision of information 9
  • Article   10-13 Licensing and certification 9
  • Article   10-14 Denial of benefits 9
  • Article   10-15 Exceptions 9
  • Article   10-16 Future work 9
  • Article   10-17 Relationship with multilateral agreements on services 9
  • Article   10-18 Technical cooperation 9
  • Chapter   XI Telecommunications 9
  • Article   11-01 Definitions 9
  • Article   11-02 Scope 9
  • Article   11-03 Access to public telecommunications networks and services and its use 9
  • Article   11-04 Conditions for the provision of enhanced or value-added services 9
  • Article   11-05 Measures related to standardization 9
  • Article   11-06 Monopolies 9
  • Article   11-07 Relationship with international organisations and agreements 9
  • Article   11-08 Technical cooperation and other consultations 9
  • Article   11-09 Transparency 9
  • Article   11-10 Relationship to other chapters. 9
  • Chapter   XII Temporary entry of business persons 9
  • Article   12-01 Definitions 9
  • Article   12-02 General principles 10
  • Article   12-03 General obligations 10
  • Article   12-04 Authorisation for temporary entry 10
  • Article   12-05 Availability of information 10
  • Article   12-06 Committee on temporary entry. 10
  • Article   12-07 Dispute settlement 10
  • Article   12-08 Relationship to other chapters 10
  • Annex to Article 12-04  Temporary entry of business persons 10
  • Section   A Business visitors 10
  • Section   B Traders and investors 10
  • Section   C Transfers of personal within an enterprise 10
  • Appendix 1 to Annex Article 12-04  Business visitors 10
  • Appendix 2 to Annex Article 12-04  Existing immigration measures 10
  • Chapter   XIII Financial Services 10
  • Article   13-01 Definitions 10
  • Article   13-02 Scope 10
  • Article   13-03 Self-regulating agencies 11
  • Article   13-04 Right of establishment 11
  • Article   13-05 Cross-border trade 11
  • Article   13-06 National Treatment 11
  • Article   13-07 Most-favoured-nation treatment 11
  • Article   13-08 Recognition and harmonization 11
  • Article   13-09 Exceptions 11
  • Article   13-10 Transparency 11
  • Article   13-11 Financial Services Committee 11
  • Article   13-12 Consultations 11
  • Article   13-13 New financial services and data processing 11
  • Article   13-14 Senior management and boards of directors 11
  • Article   13-15 Reserves and specific commitments 11
  • Article   13-16 Denial of benefits 11
  • Article   13-17 Transfers 11
  • Article   13-18 Safeguarding and balance of payments 11
  • Article   13-19 Settlement of disputes between the parties 11
  • Article   13-20 Settlement of disputes between an investor and a party of the other party. 11
  • Annex to Article 13-11  Competent authorities 11
  • Chapter   XIV Measures related to standardization 11
  • Article   14-01 Definitions 11
  • Article   14-02 Scope 11
  • Article   14-03 Reaffirmation of international rights and obligations. 11
  • Article   14-04 Basic rights and obligations 11
  • Article   14-05 Use of international standards 12
  • Article   14-06 Compatibility and equivalence 12
  • Article   14-07 Conformity assessment 12
  • Article   14-08 Provision of information, notification and publication 12
  • Article   14-09 Information centres 12
  • Article   14-10 Limitations on the provision of information 12
  • Article   14-11 Metrology patterns 12
  • Article   14-12 Health protection 12
  • Article   14-13 Risk assessment 12
  • Article   14-14 Environmental protection and management of chemicals and hazardous wastes 12
  • Article   14-15 Labelling 12
  • Article   14-16 Committee on Standards-Related Measures 12
  • Article   14-17 Technical cooperation 13
  • Article   14-18 Technical consultations 13
  • Chapter   XV Government procurement 13
  • Section   A Definitions 13
  • Article   15-01 Definitions 13
  • Section   B Scope of application 13
  • Article   15-02 Scope of application 13
  • Article   15-03 Valuation of contracts 13
  • Article   15-04 National Treatment and Non-Discrimination 13
  • Article   15-05 Rules of origin 13
  • Article   15-06 Denial of benefits 13
  • Article   15-07 Prohibition of countervailing special conditions 13
  • Article   15-08 Technical specifications 13
  • Section   C Tendering procedures 13
  • Article   15-09 Tendering procedures 13
  • Article   15-10 Supplier qualification 13
  • Article   15-11 Invitation to participate 13
  • Article   15-12 Selective tendering procedures 14
  • Article   15-13 Time limits for tendering and delivery 14
  • Article   15-14 Bidding conditions 14
  • Article   15-15 Submission, receipt and opening of tenders and awarding of contracts 14
  • Article   15-16 Limited tendering 14
  • Section   D Avoidance proceedings 14
  • Article   15-17 Avoidance proceedings 14
  • Section   E General provisions 14
  • Article   15-18 Exceptions 14
  • Article   15-19 Provision of information 14
  • Article   15-20 Technical cooperation 14
  • Article   15-21 Joint programmes for micro, small and medium-sized Industry 14
  • Article   15-22 Rectifications or modifications 15
  • Article   15-23 Disposal of entities 15
  • Article   15-24 Future negotiations 15
  • Chapter   XVI Investment 15
  • Section   A Investment 15
  • Article   16-01 Definitions 15
  • Article   16-02 Scope 15
  • Article   16-03 National Treatment 15
  • Article   16-04 Most-favoured-nation treatment 15
  • Article   16-05 Performance requirements 15
  • Article   16-06 Employment and business management. 15
  • Article   16-07 Reservations and exceptions 15
  • Article   16-08 Transfers 15
  • Article   16-09 Expropriation and compensation 15
  • Article   16-10 Special formalities and information requirements 15
  • Article   16-11 Relationship to other chapters 15
  • Article   16-12 Denial of benefits 15
  • Article   16-13 Extraterritorial application of the legislation of a party 15
  • Article   16-14 Measures related to the environment 15
  • Article   16-15 Investment promotion and exchange of information 15
  • Article   16-16 Double taxation 16
  • Section   B Settlement of disputes between a party and an investor of the other party 16
  • Article   16-17 Objective 16
  • Article   16-18 Claim by an investor of a Party, on its own account or on behalf of an enterprise 16
  • Article   16-19 Dispute settlement through consultation and negotiation 16
  • Article   16-20 Notice of intent to submit a claim to arbitration 16
  • Article   16-21 Submission of a claim to arbitration 16
  • Article   16-22 Conditions precedent to submission of a claim to arbitration 16
  • Article   16-23 Consent to arbitration 16
  • Article   16-24 Number of arbitrators and method of appointment 16
  • Article   16-25 Integration of the tribunal in the event that a disputing party fails to appoint an arbitrator or fails to reach an agreement on the appointment of the tribunal's president 16
  • Article   16-26 Agreement to appointment of arbitrators 16
  • Article   16-27 Consolidation of proceedings 16
  • Article   16-28 Notification to the Secretariat 16
  • Article   16-29 Notification to the other party 16
  • Article   16-30 Participation of a party 16
  • Article   16-31 Documentation 16
  • Article   16-32 Seat of arbitration 16
  • Article   16-33 Applicable law 16
  • Article   16-34 Interpretation of annexes 16
  • Article   16-35 Provisional or protective measures 16
  • Article   16-36 Final award 16
  • Article   16-37 Finality and enforcement of the award 16
  • Article   16-38 General provisions 16
  • Article   16-39 Exclusions 16
  • Annex to Article 16-38  Service of documents 16
  • Annex to Article 16-39  Exclusions from Mexico 16
  • Chapter   XVII Intellectual property 17
  • Section   A General provisions and principles 17
  • Article   17-01 Definitions 17
  • Article   17-02 Protection of intellectual property rights 17
  • Article   17-03 Provisions on the subject 17
  • Article   17-04 National Treatment 17
  • Article   17-05 Exceptions 17
  • Article   17-06 Most-favoured-nation treatment 17
  • Article   17-07 Control of abusive or anticompetitive practices and conditions 17
  • Article   17-08 Cooperation to Eliminate Trade in Goods that Infringe Intellectual Property Rights 17
  • Section   B Trademarks 17
  • Article   17-09 Subject matter 17
  • Article   17-10 Rights conferred 17
  • Article   17-11 Well-known trademarks 17
  • Article   17-12 Exceptions 17
  • Article   17-13 Duration of protection 17
  • Article   17-14 Use of the trademark 17
  • Article   17-15 Other requirements 17
  • Article   17-16 Licences and assignment of trademarks 17
  • Section   C Geographical indications of source and designations of origin 17
  • Article   17-17 Protection of geographical indications or provenance and designations of origin 17
  • Section   D Protection of undisclosed information 17
  • Article   17-18 Protection of undisclosed information 17
  • Section   E Copyright 17
  • Article   17-19 Copyright 17
  • Section   F Related rights 17
  • Article   17-20 Performers 17
  • Article   17-21 Producers of phonograms 17
  • Article   17-22 Broadcasting organisations 17
  • Article   17-23 Term of protection of related rights 17
  • Article   17-24 Limitations or exceptions to the rights related thereto 17
  • Article   17-25 Miscellaneous provisions 17
  • Section   G Enforcement of intellectual property rights 17
  • Article   17-26 General provisions 17
  • Article   17-27 Specific procedural aspects and resources in civil and administrative proceedings 17
  • Article   17-28 Precautionary measures 18
  • Article   17-29 Criminal procedures and penalties 18
  • Article   17-30 Protection of intellectual property rights at the border 18
  • Article   17-31 Protection of programme-carrying satellite signals. 18
  • Section   H Technical cooperation 18
  • Article   17-32 Technical cooperation 18
  • Annex to Article 17-03  Conventions on intellectual property 18
  • Annex to Article 17-04  Plant varieties 18
  • Annex to Article 17-27  Enforcement of intellectual property rights 18
  • Annex to Article 17-30  Enforcement of intellectual property rights at the border 18
  • Annex to Article 17-32  Technical cooperation 18
  • Chapter   XVIII Transparency 18
  • Article   18-01 Information Centre 18
  • Article   18-02 Publication 18
  • Article   18-03 Notification and provision of information 18
  • Article   18-04 Guarantees of hearing, legality and due process of law 18
  • Chapter   XIX Administration of the Treaty 18
  • Article   19-01 Commission 18
  • Article   19-02 Secretariat 18
  • Annex to Article 19-01  Commission officials administering officials 18
  • Annex to Article 19-02  Remuneration and payment of expenses 19
  • Chapter   XX Settlement of disputes 19
  • Article   20-01 Cooperation 19
  • Article   20-02 Scope of application 19
  • Article   20-03 Dispute settlement under the provisions of the WTO Agreement 19
  • Article   20-04 Perishable goods 19
  • Article   20-05 Consultations 19
  • Article   20-06 Intervention of the Commission, good offices, mediation and conciliation. 19
  • Article   20-07 Request for the integration of the arbitral tribunal 19
  • Article   20-08 List of arbitrators 19
  • Article   20-09 Qualities of the arbitrators 19
  • Article   20-10 Establishment of the arbitral tribunal. 19
  • Article   20-11 Model rules of procedure 19
  • Article   20-12 Role of experts 19
  • Article   20-13 Preliminary decision 19
  • Article   20-14 Final decision 19
  • Article   20-15 Implementation of the final decision 19
  • Article   20-16 Non-implementation - suspension of benefits 19
  • Article   20-17 Proceedings before internal judicial and administrative authorities 19
  • Article   20-18 Alternative means of dispute settlement 19
  • Annex to Article 20-02  Nullification and impairment 19
  • Chapter   XXI Exceptions 19
  • Article   21-01 General exceptions 19
  • Article   21-02 National security 19
  • Article   21-03 Exceptions to disclosure of information 19
  • Chapter   XXII Final provisions 19
  • Article   22-01 Annexes 19
  • Article   22-02 Amendments 19
  • Article   22-03 Entry Into Force 20
  • Article   22-04 Reservations 20
  • Article   22-05 Accession 20
  • Article   22-06 Denunciation 20
  • Article   22-07 Review of the Treaty 20