Mexico - Nicaragua FTA (1997)
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h. are from the same family (children, siblings, parents, grandparents or spouses);

generally accepted accounting principles: the consensus recognized to the substantial support authorized in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets and liabilities; disclosure of information; and preparation of financial statements. These standards may be broad guidelines of general application, as well as detailed practical rules and procedures;

production: the growing, raising, extracting, harvesting, fishing, hunting, manufacturing, processing, or assembling of a good;

producer: a person who cultivates, raises, extracts, harvests, fishes, hunts, manufactures, processes or assembles a good; producer: a person who cultivates, raises, extracts, harvests, fishes, hunts, manufactures, processes or assembles a good;

royalties: payments made for the exploitation of intellectual property rights;

used: employed or consumed in the production of goods;

transaction value of a good: the price actually paid or payable for a good related to the transaction of the producer of the good in accordance with the principles of Article 1 of the Customs Valuation Code, adjusted in accordance with the principles of Article 8.1, 8.3 and 8.4 thereof, without considering that the good is sold for export. For the purposes of this definition, the seller referred to in the Customs Valuation Code shall be the producer of the good; and

transaction value of a material: the price actually paid or payable for a transaction-related material by the producer of the good in accordance with the principles of Article 1 of the Customs Valuation Code, adjusted in accordance with the principles of Article 8.1, 8.3 and 8.4 thereof, without regard to whether the material is sold for export. For the purposes of this definition, the seller referred to in the Customs Valuation Code shall be the supplier of the material and the buyer referred to in the Customs Valuation Code shall be the producer of the good.

Article 6-02. Implementation Tools

For purposes of this chapter:

a) The basis for tariff classification is the Harmonized System;

b) The determination of the transaction value of a good or a material shall be made in accordance with the principles of the Customs Valuation Code; and

c) All costs referred to in this chapter shall be recorded and maintained in accordance with generally accepted accounting principles applicable in the territory of the Party where the good is produced.

Article 6-03. Originating Goods

1. A good shall be originating if:

a) Is wholly obtained or produced entirely in the territory of one or both parties, according to the definition in article 6-01;

b) Is produced in the territory of one or both parties exclusively from materials that qualify as originating under this chapter;

c) Is produced in the territory of one or both parties using non-originating materials that conform to a change in tariff classification and other requirements as specified in the annex to this article, and the good complies with the other applicable provisions of this chapter;

d) Is produced in the territory of one or both parties using non-originating materials that conform to a change in tariff classification and other requirements, and the good satisfies a regional value content, as specified in the annex to this article and with the other applicable provisions of this chapter;

e) Is produced in the territory of one or both parties and complies with a regional value content, as specified in the annex to this article, and meets the other applicable provisions of this chapter; or

f) Except for the goods covered in Chapters 61 to 63 of the Harmonized System; the good is produced in the territory of one or both of the Parties but one or more of the non-originating materials used in the production of the good does not satisfy a change in tariff classification because:

i) The good was imported into the territory of a party without assembling or desensamblado but has been classified as an assembled good pursuant to rule 2 (a) of the general rules for the interpretation of the Harmonized System; or

ii) The heading for the good is the same for both the good and for parts and that its heading is not divided into subheadings subheading or is the same for both the good and for its parts;

Provided that the regional value content of the good determined in accordance with article 6-04, is not less than, unless otherwise specified in articles 6 and 15 620, or to 50 per cent is used where the transaction value method or the 41.66 per cent where the net cost method used, and the good complies with the other applicable provisions of this chapter.

2. For purposes of this chapter, the production of a good from non-originating materials that conform to a change in tariff classification and other requirements as specified in the annex to this article shall be done entirely in the territory of one or both of the parties and each of the regional value content of a good shall be met entirely in the territory of one or both parties.

Article 6-04. Regional Value Content

1. Except as provided in paragraph 5, each Party shall provide that the regional value content of a good, shall be calculated at the choice of the exporter or the producer of the good in accordance with the transaction value method set out in paragraph 2 or the net cost method set out in paragraph 4.

2. For the purposes of calculating the regional value content of a good on the basis of the transaction value method shall apply to the following formula:

VCR =     VT-VMN x 100

                    VT

Where:

VCR: regional value content expressed as a percentage.

VT: the transaction value of the good f.o.b adjusted on the basis, except as provided in paragraph

VMN: the value of the non-originating materials used by the producer in the production of the good; determined in accordance with article 6-05.

3. For purposes of paragraph 2, when the producer of the good does not export directly, the transaction value shall be adjusted to the point at which the buyer receives the good within the territory where the producer is located.

4. For the purposes of calculating the regional value content of a good on the basis of the net cost method is applied to the following formula:

VCR =     CN - VMN    x 100

                     CN

Where:

VCR: regional value content expressed as a percentage.

CN: net cost of the good.

VMN: the value of the non-originating materials used by the producer in the production of the good; determined in accordance with article 6-05.

5. Each Party shall provide that an exporter or producer calculate the regional value content of a good solely on the basis of the net cost method set out in paragraph 4, when:

a) No transaction value because the good is not a sale;

b) The transaction value of a good cannot be determined by any restrictions on the use of the assignment or good by the buyer except that:

i) Imposed or required by law or by the authorities of the Party in which the buyer of the good is located;

ii) Limit the geographical territory where the goods may be resold; or

iii) Not substantially affect the value of the good;

c) The sale price or any condition or consideration of whose value cannot be determined in relation to the good;

d) Will accrue directly or indirectly to the seller any share of the proceeds of the sale of or any subsequent assignment or use of the good by the buyer, unless an appropriate adjustment can be made in accordance with article 8 of the Customs Valuation Code;

e) The buyer and seller are related persons and the relationship between them influences the price, except as provided in Article 1.2 of the Customs Valuation Code;

f) The good is sold by the producer to a related person and the sales volume in units of a number of identical or similar goods sold to related persons during the six-month period immediately preceding the month in which the good is sold by the producer, exceeds 85 per cent of the producer's total sales of such goods during that period;

g) The exporter or producer chooses to accumulate the regional value content of the good in accordance with article 6-08;

h) The either:

i) Either a motor vehicle falling under heading 87.01 or 87.02, subheading 8703.21 through 8703.90, or the heading 87.04 87.05 or 87.06; or

ii) Is identified in annex 1 to article 6 and 15 or in Annex 2 to the arts and is for use in a motor vehicle falling within heading 87.01 or 87.02, subheading 8703.21 through 8703.90, or the heading 87.04 87.05 or 87.06; or

i) An intermediate material is subject to a regional value content.

Article 6-05. Value of the Materials

1. The value of a material:

a) It shall be the transaction value of the material; or

b) In the event that there is no transaction value or the transaction value of the material cannot be determined according to the principles of article 1 of the Customs Valuation Code shall be calculated in accordance with the principles of articles 2 to 7 of this Code.

2. When they are not classified in subparagraphs (a) or (b) of paragraph 1, the value of a material shall include:

a) The freight and insurance costs, packing and all other costs incurred

In transporting the material importation to the port in the Party where the producer of the good is located, except as provided in paragraph 3; and

b) The cost of waste and scrap resulting from the use of the material in the production of the good, minus any recovery of these costs, provided the recovery does not exceed 30% of the value of the material determined in accordance with paragraph 1.

3. When the producer of a good acquires non-originating materials within the territory of the party where it is located, the value of a material shall not include freight and insurance costs, packing and all other costs incurred in transporting the material from the warehouse of the supplier to the place where the producer is located.

4. For purposes of calculating the regional value content under article 6-04, except as provided in paragraph 2 of Article 6 and 15, for a motor vehicle identified in paragraph 3 of Article 6 and 15, or a component identified in annex 2 to the arts, the value of the non-originating materials used by the producer in the production of a good shall not include the value of non-originating materials used by:

a) Another producer in the production of an originating material that is acquired and used by the producer of the good in the production of that good; or

b) The producer of the good in the production of an originating intermediate material.

Article 6-06. De Minimis

1. A good originating shall be considered if the value of all the non-originating materials used in the production of the good that do not satisfy the applicable change in tariff classification established in the annex to article 6-03 does not exceed 7 percent of the transaction value of the good adjusted on the basis indicated in paragraph 2 or 3 as the case may be, article 6-04 or, in the cases referred to in subparagraphs (a) to (e) of paragraph 5 of Article 6-04, if the value of all the non-originating materials referred to above does not exceed 7 percent of the total cost of the good.

2. If the good is subject to a regional value content, the value of such non-originating materials shall be taken into account in calculating the regional value content of the good and the good must satisfy all other applicable requirements of this chapter.

3. A good that is subject to a regional value content established in the annex to article 6-03 does not meet, if the value of all the non-originating materials does not exceed 7 percent of the transaction value of the good adjusted on the basis indicated in paragraph 2 or 3 as the case may be, article 604, or in the cases referred to in subparagraphs (a) to (e) of paragraph 5 of Article 6-04, if the value of all the non-originating materials referred to above does not exceed 7 percent of the total cost of the good.

4. Paragraph 1 does not apply to:

a) Goods covered in Chapters 50 to 63 of the Harmonized System; or

b) A non-originating material used in the production of goods falling within chapters 01 to 24 of the Harmonized System unless the non-originating material is included in a different subheading than the good for which the origin is being determined under this article.

5. A good falling within 50 chapters to 63 of the harmonized system that is not because originating fibres or yarns used in the production of the material that determines the tariff classification of the good do not meet the change in tariff classification set out in the annex to article 6-03, shall be considered as originating if the total weight of fibers or yarns in material that does not exceed 7 percent of the total weight of that material.

Article 6-07. Intermediate Material

1. For purposes of calculating the regional value content under article 6-04, the producer of a good may designate as an intermediate material, except the elements listed in Annex 2 to the arts and the goods falling within heading 87.06, intended for use in a motor vehicles covered under paragraph 3 of Article 6 and 15, of his own manufacture any material that is used in the production of a good provided that such material satisfies the requirements in article 6-03.

2. Where an intermediate material is subject to a regional value content in accordance with the annex to article 6-03, it shall be calculated on the basis of the net cost method set out in article 6 -

3. For purposes of calculating the regional value content of the good or the value of an intermediate material shall be the total cost that can reasonably be allocated to that intermediate material in accordance with the annex to article 6-04.

4. If a material designated as an intermediate material is subject to a regional value content, any other material of his own that manufacture is subject to a regional value content, used in the production of intermediate material that may itself be designated by the producer as an intermediate material.

5. Where there is a good referred to in paragraph 2 of Article 6 and 15 as an intermediate material, such designation shall only apply to the calculation of the net cost of the good; and the value of the non-originating materials shall be determined in accordance with paragraph 2 of Article 6 and 15.

Article 6-08. Cumulation

For purposes of determining whether a good is originating, an exporter or producer may accumulate its production with that of one or more producers in the territory of one or both parties, of materials that are incorporated into the good so that the production of the materials is considered as done by that exporter or producer provided that it complies with the provisions of article 6-03.

Article 6-09. Fungible Goods and Materials

1. For purposes of determining whether a good is originating, when used in the production of originating fungible and non-originating materials are physically combined in mixed or inventory, the origin of the materials may be determined by one of the inventory management methods set out in paragraph 3.

2. Where originating and non-originating fungible goods are physically combined in mixed or inventory, and prior to their exportation do not undergo any production process or any other operation in the territory of the Party in which they were physically mixed or combined, other than reloading unloading, or any other movement necessary to maintain the goods in good condition or to transport them to the territory of the other party, the origin of the good may be determined by one of the inventory management methods set out in paragraph 3.

3. The inventory management methods applicable for fungible goods or materials shall be:

a. "FIFO" (first-in-first-out) is the method of inventory management whereby the origin of the number of units of materials or consumables first received into inventory is considered to be the origin, in equal number of units, of the materials or consumables first removed from inventory;

b. "LIFO" (last-in-first-out) is the method of inventory management whereby the origin of the number of units of the materials or consumables last received into inventory is considered as the origin, in equal number of units, of the materials or consumables first removed from inventory; or

c. "averaging" is the method of inventory management whereby, except as provided in paragraph 4, the determination of whether materials or consumables are originating shall be made through the application of the following formula:

PMN =       TMO     x 100

                TMOYN

Where:

PMN: average of the fungible materials or goods originating.

TMO: total of units of the fungible materials or goods originating forming part of inventory prior to departure.

TMOYN: the total amount of units of the fungible materials or goods originating and non-originating forming part of the inventory prior to departure.

4. If the good is subject to a regional value content, the determination of the non-originating fungible materials shall be conducted through the application of the following formula:

PMN =       TMN     x 100

                  TMOYN

where:

PMN: average of non-originating materials.

TMN: total value of non-originating consumables forming part of the pre-departure inventory.

TMOYN: total value of originating and non-originating consumables forming part of the pre-departure inventory.

5. Selected once one of the inventory management methods set out in paragraph 3, it shall be used through all the fiscal year or period.

Article 6-10. Sets or Assortments

1. The sets or assortments of goods that are classified pursuant to rule 3 of the general rules for the interpretation of the Harmonized System. as well as goods whose description according to the nomenclature of the Harmonized System is specifically that of a set or assortment, calificarán as originating, provided that each of the goods in the set or assortment complies with the rule of origin that has been established for each of the goods in this chapter.

2. Notwithstanding paragraph 1. a set or assortment of goods originating shall be considered if the value of all non-originating goods used in the training of the Set assortment or does not exceed 7 percent of the transaction value of the Set or assortment, adjusted on the basis indicated in paragraph 2 or 3 as the case may be, article 6-04, or in the cases referred to in subparagraphs (a) to (e) of paragraph 5 of Article 6-04, if the value of all the non-originating goods referred to above does not exceed 7 percent of the total cost of the Set or assortment.

3. The provisions of this article shall prevail over the specific rules established in the annex to article 6-03.

Article 6-11. Indirect Materials

Indirect materials shall be treated as originating without taking into account the place of production and the value of such materials shall be the cost of the same place in the accounting records of the producer of the good.

Article 6-12. Spare Parts and Accessories, Tools or Alterations

1. The renovation or accessories, spare parts and tools with the good delivered as part of spare parts and accessories, tools or usual renovation good shall not be taken into account in determining whether all the non-originating materials used in the production of the good satisfy the applicable change in tariff classification established in the annex to article 6-03, provided that:

a) Renovation or accessories, spares and tools are not invoiced separately from the good regardless of whether they are separately itemized breakdown or in the invoice; and

b) The quantity and value of spares or the accessories, tools and alterations are customary for the good.

2. If the good is subject to a regional value content, the value of the renovation or accessories, spare parts and tools shall be taken into account as originating or non-originating materials as the case may be in calculating the regional value content of the good.

Article 6-13. Packages and Packing Materials for Retail Sale.

1. Containers and packaging materials in which a good is presented for retail sale, when classified with the good they contain, shall not be taken into account in deciding whether all non-originating materials used in the production of the good comply with the corresponding change in tariff classification set out in the Annex to Article 6-03.

2. Where the good is subject to a regional value content, the value of the retail containers and packaging materials shall be considered as originating or non-originating, as the case may be, in calculating the regional value content of the good.

Article 6-14. Packing Materials and Containers for Shipment

1. Containers and packing materials for the transport of goods shall not be taken into account in determining whether all the non-originating materials used in the production of the good satisfy the applicable change in tariff classification established in the annex to article 6-03.

2. If the good is subject to a regional value content, the value of the packaging materials for the transport of goods shall be considered as originating or non-originating, as the case may be in calculating the regional value content of the good and the value of such materials shall be responsible for the costs of the same place in the accounting records of the producer of the good.

Article 6-15. Goods of the Automotive Industry

1. For the purposes of this article, the following definitions shall apply:

chassis: the bottom plate of a motor vehicle;

class of motor vehicles: any of the following categories of motor vehicles:

a. motor vehicles covered by subheading 8701.20, Mexican tariff item 8702.10.03 or 8702.90.04 or, in the case of Nicaragua, subheading 8702.10 or 8702.90, when they are motor vehicles designed for the transport of 16 persons or more, or subheading 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90 or heading 87.05 or 87.06;

b. motor vehicles of subheading 8701.10 or 8701.30 through 8701.90;

c. motor vehicles falling within Mexican tariff item 8702.10.01, 8702.10.02, 8702.90.01, 8702.90.02 or 8702.90.03 or, in the case of Nicaragua, subheading 8702.10 or 8702.90, when they are motor vehicles designed for the transport of fifteen persons or less, or subheading 8704.21 or 8704.31; or

d. motor vehicles falling within subheadings 8703.21 through 8703.90;

motor vehicle assembler: a producer of motor vehicles and any related persons or joint ventures in which the producer participates;

original equipment: material that is incorporated into a motor vehicle prior to the first transfer of title or consignment of the motor vehicle to a person other than a motor vehicle assembler. Such material is:

(a) a good covered by schedule 1 to this article; or

b. an assembly of automotive components, an automotive component or a material listed in Annex 2 to this Article;

model line: a group of motor vehicles having the same platform or the same model name;

model name: the word or group of words, letter or letters, number or numbers or similar designation assigned to a motor vehicle by a marketing division of a motor vehicle assembler to:

a. differentiate the motor vehicle from other motor vehicles using the same platform design;

b. associate the motor vehicle with other motor vehicles that use a different platform design; or

c. indicate a platform design;

platform: the primary assembly of a load-bearing structural assembly of a motor vehicle that determines the basic size of that vehicle and forms the structural base that supports the powertrain and serves to join the motor vehicle in various types of frames, such as body mount, dimensional frame, and unit body;

motor vehicle: goods of heading 87.01, 87.02, 87.03, 87.04, 87.05 or 87.06.

2. For purposes of calculating the regional value content, in accordance with the net cost method set forth in article 6-04, for:

a. goods that are motor vehicles included in Mexican tariff item 8702.10.01, 8702.10.02, 8702.90.01, 8702.90.02 or 8702.90.03 or, in the case of Nicaragua, in subheading 8702.10 or 8702.90, when they are motor vehicles designed for the transportation of fifteen persons or less, or in subheadings 8703.21 through 8703.90, 8704.21 or 8704.31; or

b. goods covered by Annex 1 to this article, when they are subject to a regional value content and are intended to be used as original equipment in the production of goods that are motor vehicles covered by Mexican tariff item 8702. 10.01, 8702.10.02, 8702.90.01, 8702.90.02 or 8702.90.03 or, in the case of Nicaragua, in subheading 8702.10 or 8702.90, when they are motor vehicles designed for the transport of fifteen persons or less, or in subheadings 8703.21 through 8703.90, 8704.21 or 8704.31;

the value of the non-originating materials used by the producer in the production of those goods shall be the sum of the values of the non-originating materials, determined in accordance with paragraphs 1 and 2 of Article 6-05, imported from non-Parties covered in Annex 1 to this Article and used in the production of those goods or in the production of any materials used in the production of those goods.

3. For purposes of calculating the regional value content, in accordance with the net cost method set out in article 6-04, for goods that are motor vehicles covered by heading 87.01, Mexican tariff item 8702.10.03 or 8702.90.04 or, in the case of Nicaragua, subheading 8702.10 or 8702.90, when they are motor vehicles designed for the transport of 16 persons or more, or subheading 8704. 10, 8704.22, 8704.23, 8704.32 or 8704.90 or heading 87.05 or 87.06, or for a component identified in annex 2 to this article to be used as original equipment in the production of the motor vehicles described in this paragraph, the value of the non-originating materials used by the producer in the production of the good shall be the sum of:

(a) for each material used by the producer of the good and listed in Annex 2 to this Article, whether or not produced by that producer, at the producer's option, and determined in accordance with Article 6-05 or paragraph 3 of Article 6-07, either of the following two values:

(i) the value of the non-originating material; or

(ii) the value of the non-originating materials used in the production of that material; and (b) the value of any other non-originating materials used in the production of that material.

  • 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