Mexico - Nicaragua FTA (1997)
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4. From 1 July 2003, each Party shall only grant preferential tariff treatment to goods originating in the classified Chapters 61 and 62 of the Harmonized System.

5. In respect of imports of goods exceeding the amounts specified in paragraph 1, each party granted only the preferential tariff treatment set out in the schedule of tariff relief compliance with the established rule of origin in the annex to article 6-03.

Chapter IV. Agriculture

Article 4-01. Definitions

For purposes of this chapter:

Agricultural product means a product described in any of the following chapters, headings or subheadings of the Harmonized System:

(descriptions are provided for purposes of reference)

a) Chapters 1 to 24 (except fish and fish products); and

b) Heading or subheading / Description

2905.43 Mannitol.

2905.44 Sorbitol.

2918.14 Citric acid.

2918.15 Salts and esters of citric acid.

2936.27 Vitamin C and derivatives thereof.

33.01 Essential oils.

35.01 to 35.05 Albuminoidal substances, modified starches and starch products.

3809.10 Finishing agents and finishing agents.

3823.60 Sorbitol n.e.c.

41.01 to 41.03 Raw hides and skins.

43.01 Raw furskins.

50.01 to 50.03 Raw silk and silk waste.

51.01 to 51.03 Wool and fur.

52.01 to 52.03 Cotton, raw cotton, cotton waste and carded or combed cotton.

53.01 Flax, raw.

53.02 Hemp, raw.

fish and fish products: fish or crustaceans, molluscs or any other aquatic invertebrates, marine mammals and their derivatives, described in any of the following chapters, headings or subheadings of the Harmonized System:

(Descriptions are provided for reference purposes).

Chapter, heading or subheading / Description

03 Fish and crustaceans, mollusks and other aquatic invertebrates.

05.07 Ivory, tortoise shell, marine mammals, horns, antlers, hooves, hoofs, claws, claws and beaks, and products thereof.

05.08 Coral and similar products.

05.09 Natural sponges of animal origin.

05.11 Products of fish or crustaceans, mollusks or any other marine invertebrate; dead animals of Chapter 3.

15.04 Fats or oils and their fractions, of fish or marine mammals.

16.03 Extracts and juices other than of meat.

16.04 Prepared or preserved fish.

16.05 Prepared or preserved crustaceans or mollusks and other marine invertebrates.

2301.20 Flours, meals, pellets of fish.

Export subsidies:

a) The provision by Governments or by government agencies, to an enterprise and a branch of production, to producers of an agricultural product to a cooperative or other association of such producers, or to a marketing board of direct subsidies, including payments in kind, contingent upon export performance;

b) The sale or export for disposal by Governments or their agencies of non-commercial stocks of agricultural products at a price lower than the comparable price charged to buyers in the domestic market of a like product;

c) Payments on the export of agricultural commodities financed by virtue of governmental measures, whether or not a charge on the public accounts, including payments financed from the proceeds of a levy imposed on the agricultural product concerned or to an agricultural product from which the exported product is derived;

d) The award of subsidies to reduce the costs of marketing exports of agricultural products (except the easy availability of promotion and advice on exports), including the costs of handling, processing and other processing costs and the costs of international transport and freight;

e) The costs of the internal transport and freight charges on export shipments, established or imposed by Governments on terms more favourable than for domestic shipments; and

f) Agricultural subsidies contingent on their incorporation in exported products; and

Tariff rate on the excess of: the tariff rate quota applies to the amounts exceeding the quantity specified in a tariff-quota.

Article 4-02. Scope

1. This section applies to measures relating to the Agricultural Trade adopted or maintained by any party.

2. In the event of any inconsistency between this chapter and any other provision of this Treaty, this chapter shall prevail to the extent of the inconsistency.

Article 4-03. International Obligations

A party, before taking a measure pursuant to an intergovernmental agreement on goods based on article XX (g) of the GATT 1994 and that may affect trade in agricultural products between the parties shall consult with the other party for avoiding nullification or impairment of a concession granted by that party in its schedule of tariff relief of this Treaty.

Article 4-04. Access to Markets

1. The parties agree to facilitate access to their respective markets through the reduction or elimination of barriers to trade in agricultural products, and undertake not to establish new obstacles to trade between them.

Quantitative restrictions and tariffs.

2. The Parties shall waive the rights granted under article XI: 2 (c) of the GATT 1994 and those rights as incorporated by article 3-09, with respect to any measure adopted or maintained on imports of agricultural products.

3. Notwithstanding any other provision of this Treaty, for the products contained in annex 1 to this article either party may maintain or adopt customs duties on the importation of those products, in accordance with its rights and obligations under the WTO Agreement.

4. Once a year after the Entry into Force of this Treaty, the Parties shall review, through the Committee on agricultural trade established under article 4-08; gradually eliminate tariffs on imports of agricultural products contained in annex 1 to this article.

5. Access of products set out in annex 2 to this article shall be governed in accordance with this annex.

6. A Party may not apply to agricultural products of the other party a tariff rate on the excess above the quota, as provided in the schedule of tariff relief agreed between the parties.

Restrictions on the return of tariffs on products exported where identical or similar conditions.

7. From the date of Entry into Force of this Treaty, no party may refund the amount of customs duties paid or waive or reduce the amount of customs duties owed in connection with any agricultural product imported into its territory that is:

a) Agricultural product substituted by an identical or similar subsequently exported to the territory of the other party; or

b) Substituted by an identical or similar product used as a material in the production of another good subsequently exported to the territory of the other party.

Article 4-05. Domestic Support

1. The Parties recognize that domestic support measures may be of crucial importance to their agricultural sectors, but may also affect distort trade and production. they recognise that may arise commitments on reduction of domestic agricultural support for multilateral negotiations within the framework of the WTO. thus if a Party decides to support its agricultural producers, shall endeavour to move towards domestic support policy that:

a) Have minimal or no trade distorting effects on trade or production; or

b) Are exempt from any domestic support reduction commitments that may be negotiated under the WTO.

2. The Parties also recognise that either party may modify its domestic support measures, including those that may be subject to reduction commitments, in accordance with its rights and obligations under the WTO Agreement.

Article 4-06. Export Subsidies

1. The parties share the objective of the multilateral elimination of export subsidies for agricultural goods and shall cooperate in an effort to achieve an agreement in the WTO framework.

2. Chapter IX (subject to unfair practices of international trade), from the Entry into Force of this Treaty, the parties may increase grants the above 7 per cent of the FOB value of exports.

3. From the date of tariffs on agricultural products originating reach zero-tariff relief under the programme, and in any case no later than 1 July 2007, the parties may maintain export subsidies on agricultural products in the reciprocal trade.

4. Notwithstanding the above, from the Entry into Force of this Treaty, the parties may maintain in their reciprocal trade export subsidies on agricultural products included in article 5 of the decree of export promotion 37-91 Number of Nicaragua and subject to tariff-quota according to the schedule of tariff relief.

Article 4-07. Technical Standards and Agricultural Marketing

1. Trade in agricultural products between the parties shall be subject to the provisions of chapter XIV (measures related to standardization).

2. The parties establish a committee on technical standards and agricultural marketing, comprising representatives of each, which shall meet annually or as otherwise agreed. the Committee shall review the operation of classification standards and quality agricultural affecting trade between the parties, and shall resolve issues that may arise regarding the operation of the standards. this committee will bring their activities to the Committee on agricultural trade established under article 4-08.

3. A Party shall accord to agricultural products imported from the other party a treatment no less favourable than that accorded to its agricultural products in the application of standards or marketing of agricultural techniques in aspects of packaging, degree, quality and size.

Article 4-08. Committee on Agricultural Trade

1. The parties establish a committee on agricultural trade, comprising representatives of each party.

2. The functions of the Committee shall include:

a) The monitoring and promoting cooperation on the implementation and administration of this chapter;

b) The establishment of a forum for the parties to consult on issues related to this chapter; that is conducted at least once a year and as the parties agree.

c) The submission of a report annually to the Commission on the implementation of this chapter; and

d) On a particular and expeditious possible mechanisms to include in the programme of tariff relief tariff subheading 0901.21, products falling within (and 0901.22 0901.90 orcoffee roasted) and submit to the Commission for its consideration.

Chapter V. Sanitary and Phytosanitary Measures

Article 5-01. Definitions

food additive: any substance that by itself is not normally consumed as food, nor used as a basic ingredient in food, whether or not it has nutritional value, and whose addition to food at the production, manufacturing, processing, preparation, treatment, packaging, packing, transport or storage stage, results directly or indirectly, by itself or its by-products, in a component of the food or affects its characteristics. This definition does not include contaminants or substances added to the food to maintain or improve nutritional qualities;

food: any processed, semi-processed or raw substance intended for human consumption, including beverages, chewing gum and any other substances used in its manufacture, preparation or treatment, as well as balanced substances intended for animal consumption (animal feed); but does not include cosmetics, tobacco or substances used solely as drugs;

animal: any vertebrate or invertebrate species, including aquatic and wild fauna;

harmonization: the establishment, recognition and application of common sanitary and phytosanitary measures by the Parties;

good: food, animals, plants, their products and by-products;

contaminant: any living substance or organism not intentionally added to food, which is present in such food as a result of the production (including operations carried out in agriculture, animal husbandry and veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or storage of such food or as a result of environmental contamination;

disease: the infection, clinical or not, caused by one or more etiological agents of the diseases listed in the International Animal Health Code of the Office International des Epizooties;

risk assessment:

a. the likelihood of entry, establishment and spread of a disease or pest and the potential biological, agronomic and economic consequences; or

b. the likelihood of adverse effects on human, animal or plant life or health arising from the presence of food additives, contaminants, toxins or disease-causing organisms in a commodity;

food safety: the quality that ensures that food presents no risk to human or animal health;

scientific information: data or information derived from the use of scientific principles and methods;

sanitary or phytosanitary measure: a measure that a Party establishes, adopts, maintains or applies in its territory to:

a. protect life, human and animal health, as well as plant health from risks arising from the introduction, establishment or spread of a pest or disease; b. protect life, human and animal health, as well as plant health from risks arising from the introduction, establishment or spread of a pest or disease;

b. protect life, human and animal health, as well as plant health from risks resulting from the presence of a food additive, contaminant, toxin or pathogenic organism in a commodity;

c. to protect human life and health from risks arising from an organism causing a pest or disease carried by an animal, plant or a derivative thereof; or

d. to prevent or limit other damage from the introduction, establishment and spread of a pest or disease.

Sanitary and phytosanitary measures comprise all relevant laws, regulations, requirements and procedures, including criteria relating to the final good; process or production methods directly related to the good; testing, inspection, certification or approval procedures; relevant statistical methods; sampling procedures; risk assessment methods; packaging and labeling requirements directly related to food safety; and quarantine regimes, such as relevant requirements associated with the transport of animals or plants, or with the material necessary for their survival during transport;

appropriate level of sanitary or phytosanitary protection: the level of protection to life, human and animal health, and plant health that a Party considers appropriate;

international standards, guidelines or recommendations:

a. in relation to food safety, those of the Codex Alimentarius Commission, including those related to decomposition of products, elaborated by the Codex Alimentarius Committee on Fish and Fishery Products; with food additives, contaminants, hygienic practices, and methods of analysis and sampling;

b. in relation to animal health and zoonoses, those elaborated under the auspices of the Office International Epizootics;

c. in relation to plant health, those established under the auspices of the Secretariat of the International Plant Protection Convention; or

d. those established by other organizations

pest: a species, strain or biotype of plant, animal or pathogenic agent harmful or potentially harmful to plants, animals or their products;

pesticide: a substance intended to prevent, destroy, attract, repel or control any pest, including unwanted species of plants or animals, during the production, storage, transport, distribution and processing of food, plants and their products or animal feed, or which may be administered to animals to control ectoparasites. It also includes substances intended for use as plant growth regulators, defoliants, desiccants, fruit density reduction agents or sprout inhibitors and substances applied to crops before or after harvest to protect the product against deterioration during storage and transport. The term does not normally include fertilizers, nutrients of plant or animal origin, food additives or animal drugs;

approval procedure: a registration, certification, notification or other mandatory administrative procedure to approve the use of a food additive or establish a tolerance for a contaminant for defined purposes or under agreed conditions in a food, beverage or feedstuff prior to permitting its use or marketing when any of these contain the food additive or contaminant;

control or inspection procedure: a procedure used, directly or indirectly, to determine compliance with a sanitary or phytosanitary measure, including sampling, testing, inspection, verification, monitoring, auditing, conformity assessment, accreditation or other procedures involving physical examination of a good, the packaging of the good, or equipment or facilities directly related to the production, marketing or use of a good, but does not mean an approval procedure;

pesticide residue: a substance present in food, plant and plant products, or animal feedstuffs as a result of the use of a pesticide. The term includes any derivatives of a pesticide, such as conversion products, metabolites and reaction products and impurities considered to be of toxicological significance,

transport: the means of mobilization, the form of packaging and the mode of carriage, established in a sanitary or phytosanitary measure;

plant: living plants and parts thereof, including seeds and germplasm;

area of low pest or disease prevalence: an area designated by the competent authorities, which may include the whole of a country, part of a country, or the whole or parts of several countries, in which a given pest or disease is present to only a low degree, and which is subject to effective pest or disease surveillance and control or eradication measures; and

pest- or disease-free area: an area designated by the competent authorities, which may include the whole of a country, part of a country, or the whole or parts of several countries, in which a given pest or disease does not occur. A pest- or disease-free area may surround, be surrounded by, or be adjacent to an area-either within a part of a country or in a geographical region that may comprise all or parts of several countries-in which a specific pest or disease is known to occur but which is subject to regional control measures, such as the establishment of protection, surveillance and buffer zones that isolate or eradicate the pest or disease in question.

Article 5-02. Scope

In order to establish a framework of rules and disciplines that guide the development, adoption and implementation of sanitary and phytosanitary measures, nothing in this chapter applies to any measure of such a nature that may directly or indirectly affect trade between the parties.

Article 5-03. Fundamental Rights and Obligations

Sanitary and phytosanitary measures.

1. Each Party may establish; adopt, maintain or apply any sanitary or phytosanitary measure, including those relating to food safety and on the importation of any good from the territory of the other party, when does not comply with the applicable requirements, or does not meet the approval procedures, as well as those representing a higher level of protection than that which would be achieved by a measure based on international standards, guidelines or recommendations, provided that it is based on scientific principles.

Scientific principles.

2. Each Party shall ensure that any sanitary or phytosanitary measure that it maintains or establishes shall apply:

a) It is based on scientific principles taking into account, where appropriate, the relevant factors such as the different geographic conditions and technology;

b) Be maintained only where there is a scientific basis to support; and

c) Based on a risk evaluation to the appropriate circumstances.

Non-discriminatory treatment.

3. Each Party shall ensure that a sanitary or phytosanitary measure adopted, enforced, or maintained, not arbitrarily or unjustifiably discriminate between its goods and similar to the other party, or between goods of the other party and similar goods of another country, when conditions exist sanitary or phytosanitary identical or similar.

Disguised restrictions and unnecessary obstacles.

4. Neither party shall adopt or maintain apply sanitary and phytosanitary measures which constitute a disguised restriction on trade between the parties; or with a view to or with the effect of creating unnecessary obstacles to the same. in this context, they shall ensure that their sanitary and phytosanitary measures are implemented to the extent necessary to achieve its appropriate level of protection, taking into account the technical feasibility, economic and scientific principles.

Right to determine the level of protection.

5. Notwithstanding any other provision of this chapter each party may fix its appropriate level of sanitary or phytosanitary protection in accordance with article 5-06.

Support in other agencies.

6. Each Party shall ensure that any agency that support for the development and implementation of a sanitary or phytosanitary measure to act in a manner consistent with this chapter.

Article 5-04. International Standards and Standardisation Bodies

1. Each Party shall use as a reference framework for its sanitary and phytosanitary measures, the international standards, guidelines or recommendations, except when they do not constitute an effective or appropriate means to protect the life, health, human and animal and plant health, due to climatic factors, such as geographical or technological or scientifically justified reasons or because it is not the appropriate level of sanitary or phytosanitary protection.

2. The sanitary or phytosanitary measure of a Party that conforms to an international standard shall be presumed to be consistent with paragraphs 1 to 5 of Article 5-03.

3. Without prejudice to paragraph 1, each Party may adopt or maintain measures stricter than those provided for in the international standards, guidelines or recommendations, provided that it is based on scientific principles in order to achieve the appropriate level of sanitary and phytosanitary protection.

4. If a party has reason to believe that a sanitary or phytosanitary measure of another party is or may adversely affect its exports and the measure is not based on relevant international standards, guidelines or recommendations, may request to be informed of the reasons for the measure; and the other party shall do so in writing within a period of no more than 30 days.

5. Each Party shall, to the greatest extent possible, in the pertinent international standardization organizations, including the Codex Alimentarius Commission), the Office of Epizootics International and the International Convention for the protection of plants, with the aim of promoting the development and periodic review of international standards, guidelines and recommendations.

Article 5-05. Equivalence

1. Without reducing the level of protection to human life, health, animal and plant health established in its legislation and with a view to facilitating trade in goods, the parties will be equivalent to the maximum extent possible their respective sanitary or phytosanitary measures, taking into account the guidelines and recommendations of international standardization.

2. The importing Party shall accept the sanitary or phytosanitary measure adopted, enforced, or maintained by an exporting Party as equivalent to its own it objectively'proving where scientific information and risk assessment methods based on international standards agreed by them, that such measure achieves the appropriate level of sanitary or phytosanitary protection required by the importing Party.

3. Each Party shall accept the results of the sanitary and phytosanitary control procedures carried out in the territory of the other Party, provided that they offer satisfactory guarantees that the good complies with the sanitary or phytosanitary measures that are established, adopt or maintain applied in the territory of that Party.

4. In accordance with paragraph 3 shall be made available to the importing Party requesting access to carry out the procedures for control or inspection.

5. To develop a sanitary or phytosanitary measure, each Party shall consider the sanitary or phytosanitary measures relevant existing or proposed by the other party with the aim of harmonizing them.

6. At the request of a party, the parties shall enter into consultations to the recognition of equivalence of sanitary or phytosanitary measures based on specific international standards, guidelines or recommendations.

  • 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