Mexico - Nicaragua FTA (1997)
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c. a good imported into the territory of a Party, which is subsequently deemed to be exported from its territory or used as a material in the production of another good that is subsequently deemed to be exported to the territory of the other Party, or replaced by an identical or similar good used as a material in the production of another good that is subsequently deemed to be exported to the territory of the other Party, by reason of:

i) its shipment to a store free of customs duties; or

ii) its shipment to stores on board vessels or as supplies for vessels or aircraft;

d. the refund by a Party of customs duties paid on a specific good imported into its territory and subsequently exported to the territory of the other Party, where such refund is granted on the grounds that the good does not correspond to the samples or specifications of the subject good, or by reason of the shipment of that good without the consent of the consignee; or

e. an originating good imported into the territory of a Party that is subsequently exported to the territory of the other Party, or used as a material in the production of another good subsequently exported to the territory of the other Party, or 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.

10. The Party that refunds, exempts or reduces customs duties shall, on request of the other Party, provide such information as it requires to verify the existence of the conditions set out in paragraph 6, including statistical information relating to imports on which it grants refunds, exemptions or reductions of customs duties in respect of a good exported to the territory of another Party.

11. As a condition for excluding from the calculation of the percentage referred to in paragraph 9(a), refunds, exemptions or reductions of customs duties granted on a good that meets the conditions of paragraph 4(a) and (b), the Party refunding, exempting or reducing such customs duties shall demonstrate that there is no production in the free trade area of a good identical or similar to that good.

12. For purposes of paragraph 11, on request of the Party refunding, exempting or reducing customs duties on a good, the other Party shall, to the extent possible, provide relevant and available information on that good.

13. Each Party shall establish clear and strict procedures for the application of paragraphs 4 and 5, in accordance with the following:

a. the Party that decides to initiate an investigation to implement paragraphs 4 and 5 shall publish the initiation of the investigation in the appropriate official organs of dissemination and shall notify the exporting Party in writing on the day following publication;

b. for purposes of determining significant distortion and injury under paragraph 6(b)(i) and (ii), the competent authorities shall evaluate all factors of an objective and quantifiable nature;

c. in determining the application of paragraphs 4 and 5, a direct causal link shall also be demonstrated between the reimbursement, exemption or reduction, and the distortion and injury to the domestic production of identical or similar goods, or direct competitors;

d. if as a result of this investigation the competent authority determines, on the basis of objective evidence, that the conditions set forth in this Article are met, the importing Party may initiate consultations with the other Party;

e. the consultation procedure shall not oblige the Parties to disclose information that has been provided on a confidential basis, the disclosure of which could impede compliance with the laws of the Party regulating the matter or could cause injury to the other Party.

f. the period of prior consultations shall begin on the day following receipt by the exporting Party of the notification of the request for the initiation of consultations. The period of prior consultations shall be 45 days, unless the Parties agree on a shorter period;

g. the notification referred to in subparagraph f) shall be made through the competent authority and shall contain sufficient background information to support the application of paragraphs 4 and 5, including:

(i) the names and addresses of the domestic producers of identical or similar goods, or direct competitors representative of the domestic production, their share in the domestic production of that good, and the reasons that lead them to claim that they are representative of that sector;

ii) a clear and complete description of the good subject to the proceeding, the tariff subheading under which it is classified and the tariff treatment in force, as well as the description of the identical or similar good, or direct competitor;

iii) import data for each of the three most recent calendar years that provide the basis that such good is being imported in increasing quantities, either in absolute terms or relative to domestic production;

iv) data on the total domestic production of the identical or similar good, or direct competitor for the last three most recent years; and

v) data demonstrating injury caused by imports of the good in question, in accordance with subparagraphs (b) and (c);

h. the application of paragraphs 4 and 5 may only be adopted after the conclusion of the prior consultation period;

i. during the consultation period the exporting Party shall make any comments it deems relevant; and

j. the exporting Party shall apply paragraphs 4 and 5 at the conclusion of the consultation period under subparagraph f) if any of the circumstances set out in paragraph 6 are found to exist.

14. The Parties shall consult annually on the implementation of this Article.

Article 3-06. Temporary Admission of Goods

1. Each Party shall allow the temporary importation without payment of customs tariff to:

a) Professional equipment necessary for carrying out the activity, trade or profession of a business person;

b) Equipment for the press or for transmission to air of radio or television broadcasting and cinematographic equipment;

c) For sports purposes and goods intended for display or demonstration, including components and accessories, ancillary apparatus; and

d) Commercial Samples and Advertising films,

Imported from the territory of the other party, regardless of their origin and that in the territory of the Party are available similar goods, direct competitors or substitutes.

2. Except as otherwise provided in this Treaty, the parties may subject the Temporary Importation without payment of customs tariff, of a good of the type indicated in subparagraphs (a), (b) or (c) of paragraph 1 to one of the following conditions, which may be taken without additional conditions:

a) If the good is imported by a national or resident of the other party;

b) Where the good is used exclusively by the visitor or person under the personal supervision in the performance of its activity, trade or profession;

c) Where the good is not sale, lease or in any other way transfer while in its territory under the Temporary Importation procedure;

d) That the good to be accompanied by a bond or guarantee not exceeding 110 percent of the charges that would otherwise due, where appropriate, on entry or final importation, or by another form of guarantee reimbursable at the time of exportation of goods, except that it may require bond or security of customs duties on an originating good;

e) Where the good be capable of identification by any reasonable method established by the Customs Authority;

f) The good to be exported on the departure of that person within the period applicable to the purpose of the temporary admission;

g) The goods are imported in quantities not greater than reasonable according to the intended to use it;

h) Where the good does not undergo modification or processing during the term of import except normal wear authorized by the use of the good; and

i) The good that complies with sanitary and phytosanitary measures taken pursuant to Chapter V (sanitary and phytosanitary measures) and measures related to standardization applicable adopted in accordance with chapter XIV (measures related to standardization).

3. Except as otherwise provided in this Treaty, the parties may subject the Temporary Importation without payment of customs tariff, of a good of the type indicated in paragraph (d) of paragraph 1, any of the following conditions, which may be taken without additional conditions:

a) If the good is imported only for purposes of lifting of orders for goods or services provided from the territory of the other party or from another country that is not a party;

b) Where the good is not sale, lease or in any other form, and are used only for demonstration or exhibition while in its territory;

c) That the good to be accompanied by a bond or guarantee not exceeding 110 percent of the charges that would otherwise due, where appropriate, on entry or final importation, or by another form of guarantee reimbursable at the time of exportation of goods, except that it may require bond or security of customs duties on an originating good;

d) Where the good be capable of identification by any reasonable method established by the Customs Authority;

e) When the good is exported within a period reasonably corresponding to the purpose of the temporary admission;

f) The goods are imported in quantities not greater a reasonable in accordance with its intended use;

g) Where the good does not undergo modification or processing during the term of import except normal wear authorized by the use of the good; and

h) The good that complies with sanitary and phytosanitary measures taken pursuant to Chapter V (sanitary and phytosanitary measures) and measures related to standardization applicable adopted in accordance with chapter XIV (measures related to standardization).

4. Where a good imported temporarily fails to comply with any of the conditions that imposes a Party under paragraphs 2 and 3, that party may apply the customs duty and any other charge payable on entry or final importation of the same.

Article 3-07. Import Free of Customs Tariff for Commercial Samples Void

Each Party shall authorize the free importation of customs tariff to non-commercial samples from the territory of the other party.

Article 3-08. Exemption from Customs Tariffs

1. No Party may adopt any new waiver of customs duties when the exemption is explicitly or implicitly the fulfillment of a performance requirement.

2. From 1 July 2007, neither party may condition, explicitly or implicitly, any exemption from customs duties in force on the fulfilment of a performance requirement.

3. If a Party can demonstrate that an exemption or a combination of waivers of customs duties that the other party has given to commercial goods for use by a designated person has an adverse effect on:

a) Its economy;

b) The commercial interests of a person of that Party; or

c) The commercial interests of an enterprise that is owned or controlled by a person of that Party, productive whose premises are located in the territory of the party granting the waiver;

The Party granting the waiver shall do so or make available to any importer.

Section D. Non-tariff Measures

Article 3-09. Restrictions on the Importation and Exportation.

1. Except as otherwise provided in this Treaty, neither party may adopt or maintain any prohibition or restriction on the importation of any good of the other party or on the exportation for sale or export of any good destined for the Territory of the other party, except as provided in article XI of the GATT 1994, including its interpretative notes. to this end article XI of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof.

2. The parties understand that in any circumstances in which any other form of restriction is prohibited, the rights and obligations of GATT 1994 as incorporated in paragraph 1 prohibits the requirements of export and import price, except as permitted by the application of sanctions and assessed countervailing commitments.

3. In cases where a party adopts or maintains a prohibition or restriction on the importation or exportation of goods or to a country that is not a party, nothing in this Treaty shall be construed as to prevent:

a) Limiting or prohibiting the importation of the goods in the country that is not a party, from the territory of the other party; or

b) As a condition requiring of such export of goods of the Party to the territory of the other party that they are re-exported to the country that is not a party, directly or indirectly, without being consumed in the territory of the other party.

4. In the event that a party adopts or maintains a prohibition or restriction on the importation of a good from a country that is not a party, at the request of either party The Parties shall consult with a view to avoiding undue interference with or distortion pricing mechanisms, marketing and distribution in the other party.

5. Paragraphs 1 through 4 shall not apply to the measures set out in the annex to article 3-03 and 3-09.

Article 3-10. Export Taxes

1. Except as provided in this article No Party shall adopt or maintain excise duty or charge on the export of any good to the territory of the other party, unless they are adopted or maintained on such good when destined for domestic consumption.

2. Each Party shall adopt or maintain a tax, tax or other charge on the export of goods basic foodstuffs listed in paragraph 3, on their ingredients or on the goods which are derived from such foodstuffs, if such taxes, levies or charge is used:

a) If the benefits of a domestic food assistance including those foods are received only by domestic consumers; or

b) To ensure the availability of sufficient quantities of basic foodstuff to domestic consumers or of sufficient quantities of its ingredients or of the goods from which such basic foodstuffs goods related to a domestic processing industry, when the domestic price of such basic foodstuff is held below the world price as part of a governmental stabilization, provided that such taxes, taxes or charges:

i) Do not have the effect of increasing the protection afforded to such domestic industry; and

ii) Support only for the period necessary to maintain the integrity of the Stabilization Plan.

3. For the purposes of paragraph 2,  goods basic foodstuffs shall mean:

Vegetable oil

Rice

Canned tuna

White sugar

Brown sugar

Beef steak or pulp

Soluble coffee

Roasted coffee

Chicken meat

Ground beef

Beer

Packaged chili

Chocolate powder

Chicken concentrate

Fish fillet

Bean

Popular sweet cookies

Crackers

Jellies

Corn flour

Wheat flour

Beef liver

Oat flakes Egg

Cooked ham

Milk

condensed milk

Powdered milk

Powdered milk for children

Evaporated milk

Pasteurized milk

Corn

Vegetable shortening

Margarine

Corn dough

White bread

Boxed bread

Soup pasta

Tomato puree

Cheese

Bottled soft drinks

Bone-in slices

Salt

Canned sardines

Corn tortilla

4. Notwithstanding paragraph 1, each Party may adopt or maintain levy a tax or charge on the export of any goods to the territory of the other party, if such taxes or levies a charge applied temporarily alleviate critical desabasto for good that foodstuff. For purposes of this paragraph, temporarily means up to one year or a longer period agreed by the parties.

Article 3-11. Customs Processing Fees

Neither party shall increase any customs duty or in respect of the service provided by the customs duties on goods originating and eliminate such duties on goods originating from 1 July 2005.

Article 3-12. Country of Origin Marking

The Annex to this article applies to measures relating to the country of origin marking.

Article 3-13. Distinctive Product

The Annex to this article applies to products specified therein.

Section E. Publication and Notification

Article 3-14. Publication and Notification

1. Each Party shall promptly publish and notify the laws, regulations, administrative regulations and procedures of general application that has entered into force and relating to the classification or the valuation of goods to Customs valuation, the rates of customs duties, taxes or charges or to other measures, prohibitions or restrictions on imports or exports, or to the transfer of payments relating to, or the sale, distribution, transport, insurance, storage, inspection, the submission, processing, mixing or any other use of such goods to enable Governments and traders or interested persons of the other party are aware of them. each Party shall also publish international agreements relating to trade policy which are in force between the Government or a government authority that party and the Government or a government authority of the other party.

2. To the extent possible, each Party shall publish in advance any measure referred to in paragraph 1 that it proposes to adopt interested persons and provide a reasonable opportunity to comment on such proposed measures.

3. No party shall apply before its official publication any measure of general nature adopted by the party which has the effect of increasing a customs duty or other charge on the importation of goods of the other party, or imposing a new measure, or more burdensome restrictions or prohibitions on the importation of goods of the other party or on the transfer of funds related to them.

4. The provisions of this article shall not require any party to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular public or private enterprises.

5. Each Party shall identify in terms of tariff items and nomenclature for them in accordance with its respective tariff measures, restrictions or prohibitions on the importation or exportation of goods for reasons of national security, public health, preservation of flora and fauna, the environment, health, fitopecuaria standards, labels, international commitments, requirements of public order or any other rules.

Section F. Provisions on Textile Goods

Article 3-15. Levels of Flexibility to Temporary Goods Classified In Chapters 61 and 62 of the Harmonized System.

1. Each Party shall accord to goods classified in Chapters 61 and 62 of the Harmonized System, produced in the territory of the other party and imported into its territory in accordance with the provisions of paragraph 2, the preferential tariff treatment set out in the schedule of tariff relief for goods originating in accordance with the amounts and periods set out below:

a) For the period from 1 July 1998 to 30 June 1999 United States dollars ($125,000);

b) For the period from 1 July 1999 to 30 June 2000, $145,000;

c) For the period from 1 July 2000 to 30 June 2001, $165,000;

d) For the period from 1 July 2001 to 30 June 2002, $170,000; and

e) For the period from 1 July 2002 to 30 June 2003, $175,000.

2. For the purposes of this article, the goods classified in Chapters 61 and 62 of the harmonized system shall comply with the following requirements:

a) Those goods classified in chapter 61 of the Harmonized System, a change to heading 61.01 through 61.17 from any other chapter, provided that the good is cut (or fabric), to form and sewn or otherwise assembled in the territory of the exporting Party; and

b) Those goods classified in Chapter 62 of the Harmonized System, a change to heading 62.01 through 62.17 from any other chapter, provided that the good is cut to shape) (or fabric, and sewn or otherwise assembled in the territory of the exporting Party.

3. The total annual amounts specified in paragraph 1 may not be allocated to goods classified in a particular heading in an amount not exceeding 25 per cent of the total annual.

  • 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