Mexico - Nicaragua FTA (1997)
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Article 5-06. Risk Assessment and Appropriate Level of Sanitary and Phytosanitary Protection

1. The Parties shall ensure that their sanitary and phytosanitary measures are based on an appropriate evaluation to the circumstances of the risks for life, human and animal health, as well as for the preservation of health in plants, taking into account the risk assessment techniques developed by the relevant standardization organizations agreed by the parties.

2. In conducting a risk assessment on a good, including risks, food additives and contaminants, the Parties shall take into account the following factors:

a) The available scientific and technical information;

b) The existence of pests and diseases to be taken into account, including the existence of free or areas of low pest and disease prevalence recognized by the parties;

c) The epidemiology of the diseases and pest risk;

d) The critical control points in production processes, handling, packaging, packaging and transport;

e) The ecological and other environmental conditions to be considered;

f) The relevant methods of sampling and testing; and

g) The applicable quarantine measures and treatments that meet the importing country

As regards risk mitigation.

3. In addition to paragraph 2, in establishing the appropriate level of sanitary and phytosanitary protection, Parties shall take into account the risk associated with the introduction, establishment and spread of a pest or disease; and in assessing risk shall also take into account, where relevant, the following economic factors:

a) The loss of production or sales in the event of entry, or dissemination of a disease or pest;

b) Costs of control or eradication of the disease or pest in its territory; and

c) The cost-effectiveness of alternative approaches to limit the risk.

4. Without prejudice to paragraphs 2 and 3 and subparagraph (c) of paragraph 2 of article 5-03, when a party to conduct an assessment of risk, and concludes that the scientific evidence or other information is insufficient to complete the evaluation, may adopt a sanitary or phytosanitary measure on a provisional basis, provided that the based on relevant information available. once that party receives information sufficient to complete the assessment of risk, the Parties shall agree on a deadline for the completion of the same and, where appropriate, revise the provisional sanitary or phytosanitary measure.

Article 5-07. Adaptation to Regional Conditions and Recognition of Pest or Disease Free Areas and Areas of Low Pest or Disease Prevalence

1. Each Party shall adapt its sanitary or phytosanitary measures connected with the introduction or spread of a disease or pest, to the sanitary or phytosanitary characteristics of the area where a good subject to such measure is produced and the area in its territory to which the good is intended, taking into account any relevant status, including those relating to transportation between these areas. in assessing sanitary or phytosanitary characteristics of an area, the Parties shall take into account, inter alia, the prevalence of pests or diseases; the existence of specific eradication or control programs, and the criteria and guidelines developed by relevant organizations and agreed by the parties.

2. The Parties shall accord in particular the concepts of disease-free areas and areas of low or pest disease prevalence. the determination of such areas shall be based on factors such as geographical situation, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary controls.

3. The parties declare a zone free from a given disease or pest in its territory, it shall demonstrate scientific information to the other party and that grant such status shall be regarded as such, based on the protection measures adopted by the authorities responsible for sanitary and phytosanitary services.

4. The party interested in obtaining recognition of a zone free of pests or diseases and making the request shall provide the relevant scientific and technical information to the other party.

5. The party receiving the request for recognition referred to in paragraph 4 shall act in a period agreed by the parties, which may carry out verifications in the territory of the exporting Party for inspection, testing and other relevant procedures. in case of non-acceptance, bring written technical and scientific substantiation of its decision.

6. The Parties shall establish agreements on specific requirements which allows a good produced in an area of low disease or pest prevalence be imported if the appropriate level of sanitary or phytosanitary protection.

Article 5-08. Control Procedures, Inspection and Approval

1. Each Party shall initiate and complete any control or inspection procedure as expeditiously as possible and shall notify WHO so requires, the expected duration of the procedure.

2. Each Party shall ensure that its competent authority:

a) Upon receipt of a request, consider promptly make the documentation is complete and informs the applicant in a precise and complete, on any deficiency;

b) As soon as practicable the applicant to transmit the results of the procedure in a complete and precise so that it may take any necessary corrective action;

c) This application where the deficiencies, follow the procedure as far as practicable, if the applicant so requests, in accordance with the deadlines and report, at the request of the applicant, on the status of the application and the reasons for any delay;

d) What is necessary to limit the information the applicant is due, for conducting the procedure;

e) Accord or reserved for confidential information relating to the conduct of the proceedings for a good of the other party;

f) To protect the legitimate commercial interests of the applicant in accordance with the legislation in force in each party;

g) What is necessary to limit any requirement regarding individual samples or specimens of a good;

h) For conducting the procedure is not a law on a good of the other party, in excess of the recovery of their property;

i) Select adequately the location of facilities at which shall carry out the procedure as well as samples of goods that do not cause unnecessary inconvenience to an applicant or his representative;

j) A mechanism to review complaints concerning the operation of the procedure and to take corrective action when a complaint is justified; and

k) When amending the specifications of a good after their control and inspection, under the rules governing the procedure prescribed for the good modified shall be limited to that necessary to determine whether there is assurance that due the good remains under the regulations concerned.

3. Each Party shall apply to its approval procedures of the relevant provisions of paragraph 2.

4. If the importing party is required to carry out a control or inspection procedure at the stage of production, the exporting Party shall, at the request of the importing Party, reasonable measures available to facilitate access to it in its territory and shall provide the necessary assistance to the importing Party for the performance of control or inspection procedure.

5. To ensure food safety, each party may establish in its approval procedures and regulations, in accordance with their authorization requirements for the use of a food additive or establishment of a tolerance for a pollutant in the same, before granting access to its market. where it requires the Party may adopt a rule, relevant international guidelines or recommendations as the basis for granting access to those goods, pending a final determination.

Article 5-09. Provision of Information, Notification and Publication

1. Each Party shall propose to the adoption or modification of a sanitary or phytosanitary measure in its territory, and provided that it may have an impact on the trade of the other party:

a) Publish a notice and notify the other party in writing at least sixty days in advance of its intention to adopt or modify this measure that is not a law, and publish and make available to the other party the full text of the proposed measure, where feasible; and identify the provisions that are not substantially of the relevant international standards, guidelines or recommendations so as to enable interested persons to become acquainted with the proposed;

b) This shall identify the goods to which such measure shall apply, and include a description of the objective and the reasons for it; and

c) A copy of the proposed measure to any applicant and without discrimination as will enable the Party and other interested persons to make comments in writing and, upon request, discuss and take into account the results of such discussions.

2. Where a Party considers it necessary to address an emerging problem relating to sanitary or phytosanitary protection, it may omit any step set out in paragraph 1, provided that, once adopted a sanitary or phytosanitary measure:

a) Immediately notify the other Party in accordance with the requirements set out in subparagraph 1 (b), including a brief description of the emergency; and

b) Re-delivered a copy of the measure to any interested party or persons upon request and without discrimination as to enable the Party and other interested persons to make comments in writing and, upon request, discuss and take into account the results of such discussions.

3. Each Party, except where necessary to address an emerging problem referred to in paragraph 2, shall determine a reasonable period between the publication of a sanitary or phytosanitary measure and the date of Entry into Force of the same with the aim of allowing time for interested persons to adapt to the measure.

4. Where an importing party denies entry into its territory to a good of the exporting Party, because it does not comply with a sanitary or phytosanitary measure notified in writing within a period of not more than seven days, an explanation, in identifying the measure concerned as well as the reasons that the good does not comply with such a measure.

5. Each Party shall designate an authority responsible for the implementation in its territory of the notification provisions of this article, within a period of no more than 30 days after the Entry into Force of this Treaty.

Article 5-10. Information Centres

1. Each Party shall ensure that there is at least an information centre within its territory able to answer questions and all reasonable requests of the Party and other interested persons and provide the relevant documentation in relation to:

a) Any proposed sanitary or phytosanitary measure adopted or maintained in its territory, including the procedures for control or inspection and approval procedures of production and quarantine, regimes and procedures relating to the maximum levels of pesticide;

b) Risk assessment processes and the factors it takes into consideration in conducting the assessment and in establishing its appropriate level of sanitary or phytosanitary protection; and

c) The membership and participation in bodies and sanitary and phytosanitary systems international and regional and bilateral and multilateral agreements within the scope of this chapter and the provisions of those systems and arrangements, agencies, and the location of notices published pursuant to this chapter, or where such information can be obtained.

2. Where a Party designates more of an Information Centre, shall notify the other Party on the scope of responsibility of each such centres.

3. Each Party shall ensure that, in accordance with the provisions of this chapter, when the other party or interested persons request copies of documents, they shall provide the same price for its domestic sales, plus cost of shipment.

Article 5-11. Limitations on the Provision of Information

Further to article 21-03, nothing in this chapter shall be construed as requiring a party to furnish any confidential information the disclosure of which would prejudice legitimate commercial interests of a company.

Article 5-12. Committee on Sanitary and Phytosanitary Measures.

1. The parties establish a Committee on Sanitary and Phytosanitary Measures, comprising representatives of each, with responsibility for sanitary and phytosanitary matters. the deadline for installation shall be no more than 90 days from the date of entry into force of this Treaty.

The Committee shall monitor the implementation of the provisions of this chapter, the expeditious achievement of its objectives and make specific recommendations on sanitary and phytosanitary issues.

2. The Committee shall:

a) Establish modalities it considers appropriate for the coordination and resolve matters referred to it;

b) To facilitate the agricultural trade between the parties; promoting the improvement of sanitary and phytosanitary conditions in the territories of the Parties;

c) Promote activities identified by the parties in accordance with article 5-04, 505, 5-06 5-07 5-15; and

d) Facilitate consultations on specific matters on sanitary and phytosanitary measures;

e) Establish working groups on animal health, plant and animal health and food safety, and shall determine its mandates, objectives and action lines; and

f) It shall meet once a year, except as otherwise agreed and report annually to the Commission on the implementation of this chapter.

Article 5-13. Technical Cooperation

1. The Parties shall:

a) To facilitate the provision of technical advice, information and assistance on mutually agreed terms and conditions to strengthen their sanitary and phytosanitary measures and their related activities including the investigation process, technology, infrastructure and the establishment of regulatory national bodies. Such assistance may include loans, grants and funds for the acquisition of technical skill training and equipment that will facilitate adjustment and implementation of a sanitary or phytosanitary measure of a party; and

b) Provide information on its technical assistance programmes relating to sanitary or phytosanitary measures in areas of particular interest.

2. The costs of technical assistance activities shall be subject to the availability of funds and priorities for each Party. the expenses arising from the procedures of control or inspection and approval shall be borne by the parties concerned.

Article 5-14. Technical Consultations

1. A Party may request consultations with the other Party regarding any matter relating to this chapter.

2. When a Party requests consultations regarding the implementation of this chapter on a sanitary or phytosanitary measure of the other party and so notifies the Committee on Sanitary and Phytosanitary Measures, it may facilitate consultations. if it does not consider the matter himself, transmit it to an ad hoc working group or another forum, for advice or technical recommendation not mandatory.

3. Each Party may use the good offices of the pertinent international standardization organizations, including those referred to in article 5-04, for advice and assistance on sanitary and phytosanitary matters within the framework of their respective mandates.

Article 5-15. Dispute Settlement

1. Where a Party considers that a sanitary or phytosanitary measure of another party is interpreted or applied in a manner inconsistent with the provisions of this Chapter shall have the burden of proving the inconsistency.

2. Where the parties have had recourse to consultations under paragraphs 1 and 2 of article 5-14, they shall be those provided for in article 20-05, if the parties so agree.

Chapter VI. Rules of Origin

Article 6-01. Definitions

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

good: a commodity, product, article or material;

fungible goods: goods that are interchangeable for commercial purposes, whose properties are essentially identical and which it is impractical to differentiate by simple visual examination;

identical or similar goods: "identical goods" and "similar goods", respectively, as defined in the Customs Valuation Code;

goods wholly obtained or produced entirely in the territory of one or both Parties:

a. minerals extracted in the territory of one or both Parties;

b. vegetables harvested in the territory of one or both Parties;

c. live animals, born and bred in the territory of one or both Parties;

d. goods obtained from hunting or fishing in the territory of one or both Parties;

e. fish, crustaceans and other species obtained from the sea by vessels registered or recorded by a Party and flying the flag of that Party;

f. goods produced on board factory ships from the goods identified in subparagraph e), provided that such factory ships are registered or recorded by a Party and are flying the flag of that Party;

g.. goods obtained by a Party or a person of a Party from the seabed or subsoil outside the territorial waters, provided that the Party has rights to exploit that seabed or subsoil;

h. wastes and residues derived from:

(i) production in the territory of one or both of the Parties; or

ii) used goods, collected in the territory of one or both Parties, provided that such goods serve only for the recovery of raw materials; and

i. goods produced in the territory of one or both Parties exclusively from the goods referred to in subparagraphs a) through h) or their derivatives, at any stage of production;

containers and packing materials for shipment: goods that are used to protect a good during transportation, other than containers and materials for retail sale;

shipping and repacking costs: costs incurred in repacking and transporting a good outside the territory where the producer or exporter of the good is located;

sales promotion, marketing and after-sales service costs: the following costs related to sales promotion, marketing and after-sales services:

a. sales promotion and marketing; media advertising; advertising and market research; promotional and demonstration materials; exhibited goods; sales promotion conferences; trade shows and conventions; banners; marketing exhibitions; free samples; sales, marketing and after-sales service publications such as goods brochures, catalogs, technical publications, price lists, service manuals and sales support information; establishment and protection of logos and trademarks; sponsorships; restocking charges for wholesale and retail sales; and representation expenses;

b. marketing, sales or goods incentives; and wholesaler, retailer and consumer rebates;

c. for sales promotion, marketing and after-sales service personnel: salaries and wages; sales commissions; bonuses; medical, insurance and pension benefits; travel, lodging and subsistence expenses; and membership and professional fees;

d. hiring and training of sales promotion, marketing and after-sales service personnel; and training of the client's employees after the sale;

e. insurance premiums for liability insurance on the property;

f. office equipment for sales promotion, marketing and after-sales services;

g. telephone, mail and other means of communication for sales promotion, marketing and after-sales services; h. rents and depreciation;

h. rent and depreciation of sales promotion, marketing and after-sales service offices and distribution centers;

i. property insurance premiums, taxes, utility costs, and repair and maintenance costs of the offices and distribution centers; and

j. payments by the producer to others for warranty repairs;

net cost: total cost less the costs of sales promotion, marketing and after-sales services; royalties; shipping and repacking; as well as ineligible interest costs, as set forth in the annex to Article 6-04;

ineligible interest costs: interest paid by a producer on its financial obligations that exceeds 10 percentage points above the highest interest rate on debt obligations issued by the federal or central government, as the case may be, of the Party in which the producer is located, in accordance with the provisions of the annex to Article 6-04;

total cost: the sum of the following elements in accordance with the provisions of the annex to article 6-04:

a. the costs or value of direct manufacturing materials used in the production of the good;

b. the costs of direct labor used in the production of the good; and

c. an amount for direct and indirect costs and expenses of manufacturing the good, reasonably allocable to the good, except for the following items:

(i) the costs and expenses of a service provided by the producer of a good to another person, when the service does not relate to the good;

ii) costs and losses resulting from the sale of a part of the business of the producer of the good, which constitutes a discontinued operation;

iii) costs related to the cumulative effect of changes in the application of generally accepted accounting principles;

iv) costs or losses resulting from the sale of a capital asset of the producer;

(v) costs and expenses related to acts of God or force majeure; and

(vi) profits earned by the producer of the good, whether retained by that producer or paid to others as dividends and taxes paid on those profits, including capital gains taxes;

direct manufacturing costs and expenses: those incurred in a period, directly related to the good, other than the costs or value of direct materials and direct labor costs;

indirect manufacturing costs and expenses: those incurred in a period, other than direct manufacturing costs and expenses, direct labor costs and direct material costs or value;

F.O.B.: free on board;

place where the producer is located: in relation to a good, the production plant of that good;

material: a good used in the production of another good;

self-produced material: a material produced by the producer of a good and used in the production of that good;

fungible materials: materials that are interchangeable for commercial purposes and whose properties are essentially identical;

indirect material: a material used in the production, testing or inspection of a good, but not physically incorporated in the good; or a material that is used in the maintenance of buildings or operation of equipment related to the production of a good, including:

a. fuel and power;

b. tools, dies and molds;

c. spare or replacement parts and materials used in the maintenance of equipment and buildings;

d. lubricants, greases, composites and other materials used in the production or operation of equipment or buildings;

e. gloves, goggles, footwear, clothing, safety equipment and attachments;

f. equipment, apparatus and attachments used for the verification or inspection of the goods;

g. catalysts and solvents; or

h. any other material that is not incorporated in the good, but whose use in the production of the good can be reasonably demonstrated to be part of that production;

intermediate material: a self-produced material designated in accordance with Article 6-07;

related person: a person who is related to another person, as follows:

a. one of them holds positions of responsibility or management in an enterprise of the other;

b. they are legally recognized as partners in business;

c. they are in the relationship of employer and employee;

d. one person has, directly or indirectly, ownership, control or possession of 25% or more of the outstanding and voting shares or securities of both;

e. one of them directly or indirectly controls the other;

f. both persons are directly or indirectly controlled by a third person;

g. together they directly or indirectly control a third person; or

  • 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