Mexico - Nicaragua FTA (1997)
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The provisions of this chapter reflects the preferential trading relationship between the parties, whether to facilitate the temporary entry of business persons under the principle of reciprocity and the need to establish transparent criteria and procedures for this purpose. it also reflect the need to ensure border security and to protect the work of its nationals and permanent employment in their respective territories.

Article 12-03. General Obligations

1. Each Party shall apply its measures relating to this chapter in accordance with article, in particular the apply expeditiously to avoid undue hardship, or delay trade in goods or services or investment activities under this Treaty.

2. The Parties shall endeavour to develop and adopt common standards, definitions and interpretations for the implementation of this chapter.

Article 12-04. Authorisation for Temporary Entry

1. In accordance with the provisions of this chapter including those contained in the annex to this article, each Party shall grant temporary entry to business persons who meet the other applicable measures relating to public health and safety and national security.

2. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry adversely affecting:

a) The settlement of any labour dispute that is in the place where is employed or will be used; or

b) The employment of any person who is involved in such dispute.

3. When a party refuses to issue an immigration document authorizing employment in accordance with paragraph 2, that Party:

a) It shall inform the person affected business in writing the reasons for the refusal; and

b) Shall without delay and in writing of the reasons for the refusal to the Party in whose national refused entry.

4. Each Party shall limit the rights that causes the processing of applications for temporary entry to the approximate cost of services rendered processing.

Article 12-05. Availability of Information

1. In addition to the provisions of article 18-02, each Party shall:

a) The other Party shall provide to materials such as will enable it to know measures relating to this chapter; and

b) Not later than twelve months after the date of Entry into Force of this Treaty, shall publish and make available in its territory and the other party a consolidated document with materials explaining the requirements for temporary entry under this chapter to know the business persons of the other party.

2. Each Party shall collect and maintain and make available to the other Party in accordance with its legislation, information concerning the granting of temporary entry of authorisations under this chapter to the other party of persons who have been issued immigration documentation. this compilation shall include information specific to each occupation, profession or activity.

Article 12-06. Committee on Temporary Entry.

1. The parties establish a committee of temporary entry, comprising representatives of each of them, including migration officials.

2. The Committee shall meet at least once every 12 months to consider:

a) The implementation and administration of this chapter;

b) The development of measures to further facilitate temporary entry of business persons under the principle of reciprocity.

c) The exemption of labour certification tests or procedures of similar effect for spouses of the person who has been granted temporary entry for more than one year under section B or C of the annex to article 12-04; and

d) The proposed modifications or additions to this chapter.

Article 12-07. Dispute Settlement

1. The Parties shall not initiate proceedings under article 20-06 regarding a refusal of authorisation of temporary entry under this chapter or a particular case covered by paragraph 1 of Article 12-03, except that:

a) The case concerns a recurrent practice; and

b) The person affected business have exhausted the available administrative remedies regarding the particular matter.

2. The remedies referred to in subparagraph 1 (b) shall be deemed to be exhausted if the competent authority has issued a final decision within 12 months after the beginning of the administrative procedure, and resolution is not attributable to delay caused by the business person.

Article 12-08. Relationship to other Chapters

Except as provided in this chapter chapters and provisions (1) initial, (ii) general definitions, XVIII (transparency), article XX (dispute settlement) and XXII (Final provisions), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.

Annex to Article 12-04. Temporary entry of business persons

Section A. Business Visitors

1. Each Party shall allow the temporary entry of a business person who, at the request of an enterprise of the other party registered bilateral enterprises referred to in paragraph 7, intends to perform any activity listed in appendix 1 to this Annex, without requiring authorisation to use, provided that, in addition to comply with existing immigration measures applicable to temporary entry, displays:

a) Proof of nationality of a party;

b) Documentation attesting to the request for an enterprise established in the territory of a party;

c) Documentation attesting to undertake such activities and bring the purpose of entry; and

d) Evidence of the international character of the proposed business activity carried out and that the person is not intended to enter the local labour market.

2. Each Party shall provide that a business person may satisfy the requirements set forth in subparagraph (d) of paragraph 1 when'proving that:

a) The primary source of remuneration for that activity is outside the territory of the party authorizing the temporary entry; and

b) The principal place of business and where it is most of the profits remain outside such territory.

3. Each Party shall normally accept an oral declaration as to the principal place of business and the profits. where the party requires additional verification be deemed sufficient evidence; a letter from the employer recorded in the register bilateral enterprises showing the circumstances.

4. Each Party shall grant temporary entry to a business person seeking to carry out any activity other than those set out in appendix 1 to this annex on terms no less favourable than those under the existing provisions listed in Appendix 2 to this Annex, provided that the business person complies with existing immigration measures applicable to temporary entry.

5. No party may:

a) Requiring as a condition for authorizing temporary entry under paragraph 1 or 3, prior approval procedures, requests, labour certification tests or other procedures of similar effect; or

b) Impose or maintain any numerical entry to temporary restriction under paragraph 1 or 3.

6. Notwithstanding paragraph 5, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry, or an equivalent document. before a visa requirement imposes a party, shall consult with the other party for the purpose of avoiding the requirement. where a Party is the visa requirement, at the request of the other Party shall consult with a view to its removal.

7. For the purposes of this section, the Parties shall establish and keep updated registration - bilateral business visitors.

Section B. Traders and Investors

1. Each Party shall grant temporary entry and provide documentation to a business person seeking to:

a) To carry out a substantial trade in goods or services principally between the Territory of the Party of which he is a national and the territory of the party into which entry is sought; or

b) Establish, develop, administer or provide advice or technical services in key monitoring functions, executive or involves essential skills, to conduct or operation of an investment business to which the person or the business have committed or are in the process of committing a substantial amount of capital, provided that the person complies with existing immigration measures applicable to temporary entry.

2. No party may:

a) Labour require certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or

b) Impose or maintain any numerical restriction relating to temporary entry under paragraph 1.

3. Notwithstanding paragraph 2, a Party may consider in a timely fashion, the investment business proposal of a person to assess whether the investment complies with the applicable legal provisions.

4. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry, or an equivalent document.

Section C. Transfers of Personal Within an Enterprise

1. Each Party shall grant temporary entry and supporting documentation to issue a business person employed by an enterprise of the other party bilateral companies registered as referred to in paragraph 4, that seeks to perform managerial, executive or involves specialized knowledge to that enterprise or a subsidiary or affiliate, provided that complies with existing immigration measures applicable to temporary entry. a Party may require the person to have been continuously employed by the Enterprise for one year within the three-year period immediately preceding the date of submission of the request.

2. No party may:

a) Labour require certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or

b) Impose or maintain any numerical restriction relating to temporary entry under paragraph 1.

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry, or an equivalent document. before a visa requirement imposes a party, shall consult with the other party for the purpose of avoiding the requirement. where a Party is the visa requirement, at the request of the other, shall consult with a view to its removal.

4. For the purposes of this section, the Parties shall establish and keep updated registration bilateral enterprises - transfers within the company.

Appendix 1 to Annex Article 12-04. Business visitors

I. Definitions

For purposes of section A to appendix:

Bus tour operator: natural person required for the operation of the vehicle for tourist travelling including personnel accompanying a follow-on or later; and

Transport operator: a natural person who is not a bus tour operator, required for the operation of the vehicle throughout the journey, including personnel accompanying a follow-on or later.

II. Research and design

- Technical, scientific and statistical researchers conducting independent research or for an enterprise located in the territory of the other party.

III. Cultivation, production and manufacturing

- Owners of machines harvesters supervising a group of operators admitted in accordance with the applicable provisions.

- Purchasing and production personnel, at managerial level, to undertake commercial transactions for an enterprise located in the territory of the other party.

IV. marketing

- Market researchers and analysts conducting independent research or analysis for an enterprise located in the territory of the other party.

- Fairs and promotional personnel attending a trade conventions.

V. sales (1)

- Sales representatives and agents to lift orders or negotiating contracts for goods and services for an enterprise located in the territory of the other party but not delivering goods or providing services.

- Procurement buyers make for an enterprise located in the territory of the other party.

VI. distribution

- Transport operators to undertake loading and transport of goods or passengers in the territory of a Party from the territory of the other party, without undertake loading or unloading, in the territory of the Party to which the request entry of goods that are in that territory or that address passenger therein.

- Customs agents to provide advisory services for the purpose of facilitating the import or export of goods.

VII. after-sales services

- Staff of installation, maintenance and repair, with monitoring expertise essential to comply with the obligation of the seller and to provide services, or train workers to provide such services, pursuant to a warranty or other service contract related to the sale of commercial or industrial equipment or machinery, including software purchased from an enterprise located outside the territory of the other party, during the life of the warranty or service agreement.

VIII. General services

- Management and supervisory personnel engaging in commercial operation for an enterprise located in the territory of the other party.

- Financial services (personnel insurance agents or brokers, investment bankers) involved in commercial transactions for an enterprise located in the territory of the other party.

- Staff of public relations and advertising to provide advice to customers or attending or participating in conventions.

- Tourism personnel (travel agents and tour guides, tourist or tour operators) attending or participating in conventions or lead any excursion has begun in the territory of the other party.

- Bus tour operators falling within the territory of a party:

a) With a group of passengers on a bus tour that has begun in the territory of the other party and to return to it;

b) To obtain a group of passengers on a bus tour that completes and develop, mostly in the territory of the other party; or

c) With a group of passengers on a bus travel and tour destined for the Territory of the other party, and return without passengers or with the Panel.

- Translators and interpreters performing services as employees of an enterprise located in the territory of the other party.

(1) This category of business visitors is subject for Nicaragua to Art. 24 of the Tax and Commercial Justice Law published in La Gaceta, Official Gazette of June 6, 1997.

Appendix 2 to Annex Article 12-04. Existing immigration measures

1. In the case of Mexico, chapter III of the General Population Act, 1974, reforms.

2. In the case of Nicaragua, Migration Law, Law Gazette No. 153 no.80, 30 April 1993, Act No. 154, No.81 Gazette, 3 May 1993.

Chapter XIII. Financial Services

Article 13-01. Definitions

For purposes of this Chapter, the following definitions shall apply:

public entity: a central bank, or monetary authority of a Party, or any financial institution of a public nature owned or controlled by a Party;

financial institution: a company or financial intermediary that is authorized to do business and is regulated or supervised as a financial institution under the laws of the Party in whose territory it is located;

financial institution of the other Party: a financial institution, incorporated under the laws of each Party, located in the territory of a Party that is controlled by persons of the other Party;

investment:

a. an enterprise;

b. shares of an enterprise;

c. debt instruments of an enterprise:

(i) where the enterprise is an affiliate of the investor; or

ii) where the original maturity date of the debt instrument is at least three years, but does not include a debt instrument of a state enterprise, regardless of the original maturity date;

d. a loan to an enterprise:

(i) when the enterprise is an affiliate of the investor; or

ii) when the original maturity date of the loan is at least three years, but does not include a loan to a state enterprise, regardless of the original maturity date;

e. an interest in an enterprise, which allows the owner to participate in the income or profits of the enterprise;

f. an interest in an enterprise, which entitles the owner to share in the equity of that enterprise in a liquidation, provided that the liquidation does not arise from an obligation or loan excluded under c) and d);

g. real estate or other property, tangible or intangible, acquired or used for the purpose of obtaining an economic benefit or for other business purposes;

h. benefits derived from allocating capital or other resources for the development of an economic activity in the territory of the other Party, among others, pursuant to:

(i) contracts involving the presence of an investor's property in the territory of the other Party, including concessions, construction and turnkey contracts; or

ii) contracts where the remuneration is substantially dependent on the production, revenues or profits of an enterprise; and

i. a loan granted to a financial institution or a debt security issued by a financial institution that is treated as equity for regulatory purposes by the Party in whose territory the financial institution is located;

shall not be deemed to be an investment:

j. pecuniary claims that do not involve the types of rights set forth in the subparagraphs of the definition of investment arising solely from:

(i) commercial contracts for the sale of goods or services by a national or enterprise in the territory of a Party to an enterprise in the territory of the other Party; or

ii) the extension of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by the provisions of subparagraph d);

k. any other pecuniary claim that does not involve the types of rights set out in the subparagraphs of the definition of investment;

investment of an investor of a Party: an investment owned or controlled directly or indirectly by an investor of a Party;

investor of a Party: a Party, an enterprise of the State of that Party, or a person of that Party that intends to make, makes, or has made an investment;

disputing investor: a person bringing a claim under the provisions of Article 13-20;

new financial service: a financial service not provided in the territory of a Party that is provided in the territory of the other Party, including any new form of distribution of a financial service, or sale of a financial product that is not sold in the territory of the Party;

self-regulatory body: a non-governmental entity, including any stock or futures exchange or market, clearing house or any other association or organization that exercises proprietary or delegated regulatory or supervisory authority over financial service suppliers or financial institutions;

person of a Party: a national or company of a Party and, for greater certainty, does not include a branch of a company of a non-Party;

cross-border supply of financial services or cross-border trade in financial services means the supply of a financial service:

a. from the territory of a Party into the territory of the other Party;

b. in the territory of a Party, by a person of that Party to a person of the other Party; or

c. by a person of a Party into the territory of the other Party;

financial service supplier of a Party: a person of a Party that is engaged in the business of supplying any financial service in the territory of the other Party;

cross-border financial service supplier of a Party: a person of a Party that is engaged in the business of supplying financial services in its territory and intends to or does engage in the cross-border supply of financial services; and

financial service: a service of a financial nature, including insurance, reinsurance, and any service related or auxiliary to a service of a financial nature.

Article 13-02. Scope

1. This chapter applies to measures adopted or maintained by a Party relating to:

a) Financial institutions of the other party;

b) A Party of investors and investments of investors in those financial institutions in the territory of the other party; and

c) Cross-border trade in financial services.

2. Nothing in this chapter shall be construed as preventing a party or its public entities, leading or provide exclusively in its territory:

a) Activities or services forming part of a public retirement plan or public social security systems;

b) The use of the financial resources of the Party; or

c) Other activities or services on behalf of the party or its public entities or with the guarantee.

3. The parties undertake to liberalize among themselves, progressive and gradual, any restriction or financial reserve with the aim of ensuring effective economic complementarity between them.

  • 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