- Committee on Sanitary and fitosaniarias measures.
- Committee on Rules of Origin.
- Committee on Customs Procedures.
- Committee on temporary entry.
- Financial Services Committee.
- Committee on measures related to standardization.
- Committee on micro-, small and medium industry.
Sub-committees:
- Sub-Committee on measures relating to the standardization of health.
- Sub-Committee on measures related to standardization in packaging and labelling and packaging.
- Sub-Committee on measures relating to the standardization of telecommunications.
Annex to Article 19-02. Remuneration and payment of expenses
1. The Commission shall establish the amounts of remuneration and expenses to be paid to the arbitrators and experts.
2. The remuneration of the arbitrators, experts and their assistants, their transport and accommodation expenses and all general expenses of arbitral tribunals will be borne in equal parts by the parties.
3. Each expert arbitrator and shall keep a record and submit a final account of their time and expenses, and the arbitral tribunal shall keep a record and a similar final account of all general expenses.
Chapter XX. Settlement of Disputes
Article 20-01. Cooperation
If the parties shall endeavour to agree on the interpretation and application of this Treaty through cooperation and consultations provided, and shall endeavour to reach a mutually satisfactory resolution of any matter that might affect its operation.
Article 20-02. Scope of Application
Except as otherwise provided in this Treaty, the procedure of this chapter shall apply:
a) To the avoidance or settlement of disputes between all the parties concerning the interpretation or application of this Treaty; and
b) Where a Party considers that an existing or proposed measure of another party is inconsistent with the obligations of this Treaty or would cause nullification or impairment in the sense of the annex to this article.
Article 20-03. Dispute Settlement Under the Provisions of the WTO Agreement
1. Disputes arising under the provisions of this Treaty and the WTO agreement may be settled in either forum at the discretion of the complaining party.
2. Once a dispute settlement procedure under article 20-06 or one in accordance with the provisions of the WTO Agreement, the Forum selected shall be exclusive of any other.
3. For the purposes of this article shall be deemed to be initiated dispute settlement procedures under the provisions of the WTO Agreement when a party requests the establishment of a Panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO.
Article 20-04. Perishable Goods
In matters relating to perishable goods, the parties, the Commission and the arbitral tribunal shall make every effort to accelerate the procedure. to this end the Parties shall seek to reduce by common agreement the time-limits set out in this chapter.
Article 20-05. Consultations
1. Any Party may request in writing to the other party holding consultations with respect to any measure adopted or planned, or any other matter it considers that might affect the operation of this treaty in terms of article 20-02.
2. The Party to initiate consultations pursuant to paragraph 1 shall deliver the request to the Secretariat and the other party.
3. The Parties shall:
a) Provide information to examine the manner in which the measure adopted or planned, or any other matter might affect the operation of this Treaty; and
b) Treat any confidential information exchanged in the course of consultations in the same manner as the party providing the information.
Article 20-06. Intervention of the Commission, Good Offices, Mediation and Conciliation.
1. Any Party may request in writing that the Commission meet whenever an issue is not resolved in accordance with article 20-05 within 45 days after the delivery of the request for consultations.
2. A Party may also request in writing that the Commission where consultations have been held pursuant to articles 5-14 and 14-18.
3. The Party initiating the procedure in the request shall state the measure or other matter complained of and indicate the provisions of this Treaty as may be applicable and shall deliver the request to the Secretariat and the other party.
4. The Commission shall convene within 10 days of delivery of the request and with the aim of reaching a mutually satisfactory solution to the dispute, shall:
a) Convene technical advisers or create expert committees as it deems necessary;
b) Recourse to conciliation, mediation or other dispute settlement procedures; or
c) Make recommendations.
Article 20-07. Request for the Integration of the Arbitral Tribunal
1. If the Commission has convened pursuant to paragraph 4 of Article 20-06 and the matter has not been resolved within 45 days after the meeting, any Party may request in writing the establishment of an arbitral tribunal. the requesting party shall deliver the request to the Secretariat and the other party.
2. The delivery of the request, the Commission shall establish an arbitral tribunal.
3. Unless otherwise agreed between the parties, the arbitral tribunal shall be established and perform its functions in accordance with the provisions of this chapter.
Article 20-08. List of Arbitrators
1. The Commission shall a roster of up to 20 individuals who possess the qualities and the willingness to be arbitrators. roster members shall be appointed by mutual agreement, for periods of three years and may be re-elected.
2. Members of the roster shall:
a) Shall have expertise or experience in law and international trade or other matters related to this Treaty or in the settlement of disputes arising under international trade agreements;
b) They shall be elected strictly according to their reliability and objectivity, sound judgment;
c) They shall be independent, not linked with the parties and not receive instructions from the same; and
d) Shall comply with the code of conduct established by the Commission.
3. The list shall include experts who are not nationals of the Parties.
Article 20-09. Qualities of the Arbitrators
1. All the arbitrators shall meet the qualifications set out in paragraph 2 of article 20-08.
2. Persons that have participated in a dispute under the terms of paragraph 4 of Article 20-06, may not be arbitrators for the same dispute.
Article 20-10. Establishment of the Arbitral Tribunal.
1. The arbitral tribunal shall comprise five members.
2. The Parties shall endeavour to appoint the Chair of the arbitral tribunal within 15 days of the delivery of the request for the integration of the same. if the parties do not reach agreement within this period, one appointed by lot, shall be appointed within 5 days. in the event of failure to do so, the other Party shall designate. the Chairman of the arbitral tribunal shall not be a national of the Party of which it designates.
3. Within 15 days following the choice of the Chairman, each Party shall select two arbitrators who are nationals of the other party.
4. If a Party fails to select an arbitrator within that period, it shall be selected by lot from among the roster members who are nationals of the other party.
5. The arbitrators shall preferably be selected from the roster. within 15 days after the date on which the proposal, any Party may challenge, without giving due to any person not included in the list referred to it as an arbitrator by a party.
6. Where a Party considers that an arbitrator has incurred in violation of the Code of Conduct, the Parties shall consult and agreement of that arbitrator, contemporaneous and select a new one pursuant to the provisions of this article.
Article 20-11. Model Rules of Procedure
1. The Commission shall establish the model rules of procedure, in accordance with the following principles:
a) The procedures shall ensure the right to a hearing before the arbitral tribunal as well as the opportunity to submit arguments and written responses; and
b) The hearings before the arbitral tribunal, deliberations and the preliminary decision and to all written submissions and communications with the same, shall be of a confidential nature.
2. Unless otherwise agreed between the parties to the proceedings before the arbitral tribunal is governed by the Model Rules of Procedure.
3. The mission of the arbitral tribunal, contained in the terms of reference shall be:
"review in the light of the relevant provisions of the Treaty, the matter referred to it in the request for a meeting of the Commission, and make decisions referred to in articles 20-13 and age 20-14".
4. If the complaining party claims that a matter has been a cause of nullification or impairment of benefits in the sense of the annex to article 20-02, the terms of reference shall so indicate.
5. When a party requests that the arbitral tribunal to make findings as to the degree of adverse trade effects caused to a party to the extent that it is inconsistent with this Agreement or to have caused nullification or impairment in the sense of the annex to article 20-02, the terms of reference shall so indicate.
Article 20-12. Role of Experts
At the request of a party or on its own initiative, the arbitral tribunal may seek information and technical advice from persons or groups as it deems appropriate.
Article 20-13. Preliminary Decision
1. The arbitral tribunal shall give a preliminary ruling based on the submissions and arguments presented by the parties and on any information received in accordance with article 2012.
2. Unless otherwise agreed between the parties, within 90 days of the appointment of the last arbitrator, the arbitral tribunal shall present a preliminary decision to the parties which shall include:
a) The findings of fact, including any resulting from a request under paragraph 5 of Article 20-11;
b) The determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of the annex to article 20-02; and
c) The draft decision.
3. Arbitrators may provide separate opinions on matters for which there is unanimous decision.
4. The Parties may submit written comments to the arbitral tribunal on the draft decision within 14 days of its presentation.
5. In this case, and considering such written comments after the arbitral tribunal may on its own initiative or at the request of any party:
a) Any proceeding that it considers appropriate; and
b) Preliminary reconsider its decision.
Article 20-14. Final Decision
1. The Arbitral Tribunal shall submit to the Committee agreed, a final decision by majority and, where appropriate, the separate opinions on matters in respect of which there has been unanimous decision within 30 days of the presentation of the preliminary ruling.
2. Decision preliminary and final decision shall not disclose the identity of the arbitrators who have voted with the majority or minority.
3. The final decision of the arbitral tribunal shall be published 15 days after its submission to the Commission.
Article 20-15. Implementation of the Final Decision
1. The final decision of the arbitral tribunal shall be binding for the parties in the terms and within the time it orders.
2. When the final decision of the arbitral tribunal shall declare that the measure is inconsistent with this Treaty, whenever possible the respondent Party shall refrain from executing the measure or repealed.
3. When the decision of the arbitral tribunal shall declare that the measure is a cause of nullification or impairment in the sense of the annex to article 20-02, it shall determine the level of nullification or impairment and may suggest the adjustments mutually satisfactory for the parties.
Article 20-16. Non-implementation - Suspension of Benefits
1. The complaining party may suspend the application of benefits of equivalent effect to the responding party if the arbitral tribunal decides:
a) A measure that is inconsistent with the obligations of this Treaty and the responding party does not comply with the final decision within the period fixed by the arbitral tribunal; or
b) A measure that is a cause of nullification or impairment in the sense of the annex to article 20-02 and the parties fail to reach a mutually satisfactory agreement on the dispute within the timeframe determined by the arbitral tribunal.
2. The suspension of benefits shall last until the defendant complies with the final decision of the arbitral panel or until the parties reach a mutually satisfactory agreement on the dispute, as the case may be.
3. In considering the benefits to be suspended in accordance with paragraph 1:
a) The complaining party shall first seek to suspend benefits in the same as that sector or sectors affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with the obligations arising from the Treaty or that has been a cause of nullification or impairment in the sense of the annex to article 20-02; and
b) The complaining party considers that it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.
4. Upon written request of any Party, notified to the other party and to its secretariat, the Commission will be an arbitral tribunal is manifestly excessive to determine whether the level of benefits that the complaining party has suspended in accordance with paragraph 1.
5. The proceedings before the arbitral tribunal established for the purposes of paragraph 4 shall be carried out in accordance with the model rules of procedure. the arbitral tribunal shall present its final decision within 60 days from the appointment of the last arbitrator, or within such other period as the parties agree.
Article 20-17. Proceedings Before Internal Judicial and Administrative Authorities
1. If an issue of interpretation or application of this agreement arises in any domestic judicial or administrative proceeding of a party and the other party warrants considers that its intervention, or when a court or administrative body solicits the views of a Party from the other party, the Party in whose territory the court or administrative body shall notify the other party and to its secretariat. the Commission shall, as soon as possible, to agree on an appropriate response.
2. The Party in whose territory the court or administrative body, any agreed interpretation submitted to them by the Commission in accordance with the procedures of that forum.
3. If the Commission fails to reach agreement, either Party may submit its own views to the court or administrative body in accordance with the procedures of that forum.
Article 20-18. Alternative Means of Dispute Settlement
1. To the extent possible, each Party shall encourage and facilitate the use of arbitration and other means of alternative for the settlement of international commercial disputes between private parties.
2. To this end, each Party shall provide appropriate procedures to ensure observance of Arbitral Agreements and the recognition and enforcement of arbitral awards in such disputes.
3. The Parties shall be deemed to comply with paragraph 2 if it is a party and in accordance with the provisions of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention or the Inter-American Convention on International Commercial Arbitration Convention of 1975 (Panama).
4. The Commission shall establish an advisory committee on private commercial disputes comprising persons with expertise or experience in the resolution of private international commercial disputes. the Committee shall submit reports and recommendations to the Commission on the existence, use and effectiveness of arbitration and other procedures for the resolution of such disputes.
Annex to Article 20-02. Nullification and impairment
1. The parties may have recourse to the dispute settlement mechanism of this chapter where as a result of the application of a measure that is not inconsistent with this Treaty, deemed to be nulifican or impair the benefits that could reasonably have expected to receive from the application of the following provisions:
a) Part two (trade in goods);
b) Chapter X (general principles on trade in services);
c) Part four (Technical Barriers to Trade);
d) Part five (government procurement); and
e) Part seven (intellectual property).
2. Paragraph 1 shall apply even if the party against whom recourse to invoke a general exception under article 21-01 except for an exception applies to the cross-border trade in services.
Chapter XXI. Exceptions
Article 21-01. General Exceptions
1. This Treaty shall be incorporated into and form an integral part of the same article XX of the GATT 1994 and its interpretative notes for purposes of:
a) Part two (trade in goods), except to the extent that some of its provisions apply to services or investment; and
b) Part IV (Technical Barriers to Trade), except to the extent that some of its provisions apply to services.
2. Nothing in Part Four (Technical Barriers to Trade) and chapter X (general principles on trade in services) and XI (telecommunications), except to the extent that some of its provisions apply to goods, shall be construed as to prevent any Party may adopt or enforce measures necessary to:
a) To protect public morals or to maintain public order;
b) In order to protect the lives and health of people and animal or plant, or
c) Ensure compliance with laws and regulations that are not inconsistent with the provisions of this Treaty, including those relating to:
i) The prevention of fraudulent practices or misleading practices and to deal with the effects of a default on services contracts;
ii) The protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; and
iii) Security.
Provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on trade between the parties.
Article 21-02. National Security
1. In addition to the provisions of article 21-01, nothing in this Treaty shall be construed as:
a) To require a party to furnish or allow access to information the disclosure of which it considers contrary to its essential security interests;
b) Prevent a Party from taking any action which it considers necessary to protect its essential security interests:
i) Relating to trade in arms, munitions and war materiel and trade operations and on goods, materials, technology and services undertaken directly or indirectly for the purpose of supplying a military establishment or other establishment of defence;
ii) Taken in time of war or other emergency in international relations; and
iii) With regard to the implementation of national policies or international agreements in the field of non-proliferation of nuclear weapons or other nuclear explosive devices; or
c) To prevent any Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 21-03. Exceptions to Disclosure of Information
Nothing in this Treaty shall be construed as requiring a party to furnish or allow access to information the disclosure of which would impede the enforcement or otherwise be contrary to the Constitution or their laws concerning the protection of the privacy of individuals, the accounts and financial affairs of individual customers of financial institutions, inter alia, or be contrary to the public interest.
Chapter XXII. Final Provisions
Article 22-01. Annexes
The annexes to this Agreement constitute an integral part of it.
Article 22-02. Amendments
1. The parties may agree on any of modification or addition to this treaty.
2. The agreed additions and amendments shall enter into force after approval according to the relevant legal procedures of each party and shall constitute an integral part of this Treaty.