iv) Measures under Rule 10-10; and
b) Pursuant to article 10-09 future negotiations.
Article 10-12. Limitations on the Provision of Information
In addition to the provisions of article 21-03, nothing in this chapter shall be construed to impose an obligation on a party to provide any confidential information the disclosure of which would prejudice legitimate commercial interests of a public or private undertaking.
Article 10-13. Licensing and Certification
1. With a view to ensuring that any measure that adopts or maintains a Party with respect to the requirements and procedures for licensing or certification of nationals of the other party does not constitute an unnecessary barrier to trade, each Party shall endeavour to ensure that such measure:
a) Based on objective and transparent criteria, such as the capacity and ability to provide a service;
b) Not more burdensome than necessary to ensure the quality of a service; and
c) Do not constitute a disguised restriction on the cross-border provision of a service.
2. When a party recognize, unilaterally or by agreement with another country, education or licences, certifications obtained in the territory of the other party or of any country that is not a party:
a) Nothing in the articles 10-03 shall be construed as requiring a party to recognise the education or licences, certifications obtained in the territory of the other party; and
b) A Party shall provide to the other party adequate opportunity to demonstrate that the education or licences, certifications obtained in the territory of that other party should also be recognized or to conclude an agreement or arrangement or having equivalent effect.
3. Each Party shall, within two years from the date of Entry into Force of this Treaty, shall eliminate any requirement of citizenship or permanent residence that it maintains for the licensing or certification of professional service providers of the other party. where a Party does not comply with this obligation with respect to a particular sector, the other party may, in the same sector and at the same time that the party in default maintain its requirement, maintain, as a single application, an equivalent requirement set out in its schedule of the annex to article 10-06 or restore:
a) Any such requirement at the federal or central level that it eliminated pursuant to this article; or
b) By giving notice to the party in breach of such requirements, any State or regional who have been in force at the date of Entry into Force of this Treaty.
4. In the annex to this article shall establish procedures for the recognition of the education or experience, standards and requirements governing professional service providers.
Article 10-14. Denial of Benefits
A Party may deny the benefits of this chapter to a service provider of the other party, subject to prior notification and consultation, where the party establishes that the service is being provided by an enterprise that has no substantial business activities in the territory of any party, and that is owned or controlled by persons of a non-party.
Article 10-15. Exceptions
In addition to the provisions of article 21-01, nothing in this chapter shall be construed as preventing the adoption or application by either party of measures necessary for the implementation of standards and norms of international agreements to which the Party is a party to the conservation of the environment, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on trade in services between the parties.
Article 10-16. Future Work
1. The Commission shall establish procedures for the establishment of necessary disciplines relating to:
a) Emergency safeguard measures;
b) Trade-distorting subsidies and services;
c) The monopoly of a service supplier.
2. For purposes of paragraph 1, shall be taken into account in the work of relevant international bodies.
Article 10-17. Relationship with Multilateral Agreements on Services
1. The parties undertake to apply provisions among themselves on services contained in multilateral agreements to which they are party.
2. Notwithstanding paragraph 1, in the event of any inconsistency between this Agreement and this treaty, the latter shall prevail over those to the extent of the inconsistency.
Article 10-18. Technical Cooperation
The Parties shall, no later than one year after the Entry into Force of this Treaty, a system for service providers to provide information concerning their markets in relation to:
a) Commercial and technical aspects of the supply of services;
b) The possibility of obtaining technology services; and
c) All those aspects that the Commission identified in services.
Chapter XI. Telecommunications
Article 11-01. Definitions
For the purposes of this chapter, the following definitions shall apply:
intracorporate communications: telecommunications by means of which a company communicates:
a. internally, with its subsidiaries, branches and affiliates, or these among themselves; or.
b. in a non-commercial manner, with persons of fundamental importance to the economic activity of the enterprise, and who have an ongoing contractual relationship with it,
but does not include telecommunications services provided to persons other than those described in this definition;
technically qualified entity: an entity defined by the relevant law of each Party as being responsible for conducting laboratory tests. These entities must be accredited by the competent authorities of each Party.
authorized equipment: terminal or other equipment that has been approved for connection to the public telecommunications network in accordance with the conformity assessment procedures of a Party;
terminal equipment: a digital or analog device capable of processing, receiving, switching, signaling or transmitting signals by electromagnetic means and that is connected to the public telecommunications network, by means of radio or cable connections, at a terminal point;
standardization-related measure: "standardization-related measure" as defined in Chapter XIV (Standardization-Related Measures);
conformity assessment procedure: "conformity assessment procedure", as defined in Chapter XIV of (Measures Relating to Standardization);
protocol: a set of rules and formats governing the exchange of information between two peer entities for the purpose of transferring signal or data information;
network termination point: the final demarcation of the public telecommunications network at the user's premises;
private network: the telecommunications network used exclusively for internal communications within a company;
public telecommunications network: the public telecommunications infrastructure that enables telecommunications between defined end points of the network;
broadcasting services: on-air transmission services of radio and television programs;
enhanced or value-added services: telecommunications services that employ computerized processing systems that:
a. act on the format, content, code, code, protocol or similar aspects of the user's transmitted information;
b. that provide the customer with additional, different or restructured information; or
c. involve user interaction with stored information.
public telecommunications service: a telecommunications service that a Party explicitly or in fact mandates to be offered to the general public, including telegraph, telephone, telex and data transmission, and that generally involves the real-time transmission of customer-supplied information between two or more points, with no "point-to-point" change in the form or content of the user's information;
cross-subsidy: the economic transfer to the production costs of one service at the expense of another service.
fixed tariff: the fixing of price on the basis of a fixed amount per period, regardless of the amount of usage; and
telecommunications: the transmission and reception of signals by any electromagnetic means.
Article 11-02. Scope
1. Recognizing the dual role of telecommunications services, as a specific sector of economic activity and as a means for the provision of services to other economic activities, this chapter applies to:
a) Measures adopted or maintained by a Party relating to the provision of public telecommunications services;
b) Measures adopted or maintained by a Party relating to the continued access to public telecommunications networks or services and their continued use by persons of the other party, including their access and use when operating private networks for conducting intracorporativas communications;
c) Measures adopted or maintained by a Party relating to the provision of value-added services enhanced or by persons of the other party in the territory of the first or across its borders; and
d) The standardization measures relating to the attachment of terminal or other equipment to the public telecommunications networks.
2. Nothing in this chapter shall be construed as:
a) To require a party to authorize a person of the other party to establish, construction, acquisition, leases, operate or supply telecommunications networks or services;
b) Oblige a party or, in turn, requires, to any person, to establish, construction, acquisition, leases, supply or operate public telecommunications networks or services are not offered to the public generally;
c) Prevent a Party from prohibiting persons operating private networks the use of such networks to supply public telecommunications networks or services to third persons; or
d) oblige a Party to require any person that broadcasts or distributes radio or television programs by cable to offer its broadcasting or cable facilities as a public telecommunications network.
Article 11-03. Access to Public Telecommunications Networks and Services and Its Use
1. Each Party shall ensure that any person of the other party have access to any public telecommunications network or service and may make use of them, including private leased circuits offered in its territory or across borders on reasonable and non-discriminatory terms and conditions, for the conduct of business, as set out in paragraphs 2 to 8.
2. Subject to subparagraph (c) of paragraph 2 of article 11-02 and paragraphs 7 and 8, each Party shall ensure that persons of the other party are permitted to:
a) Purchase or lease and interconnect terminal equipment or other equipment that interfaces with the public telecommunications network;
b) Interconnect private owned or leased circuits with public telecommunications networks in the territory of that Party or across its borders through marking including direct access to and from their customers or users or with leased circuits or owned by another person on mutually agreed terms and conditions by those persons;
c) Functions switching, marking and processing subject to the laws in force in each party; and
d) Operating protocols use of their choice.
3. Each Party shall ensure that:
a) The pricing of public telecommunications services reflects economic costs directly related to providing the services approved by the competent authority; and
b) Private leased circuits are available on the basis of a fixed rate established.
4. Nothing in paragraph 3 shall be construed as to prevent cross-subsidization between public telecommunications services.
5. Each Party shall ensure that persons of the other Party may use public telecommunications networks or services to transmit the information in its territory or across its borders intracorporativas including communications, and for access to information contained in databases or otherwise stored in machine-readable form by a machine in the territory of any party.
6. Each Party may take any measure necessary to ensure the security and confidentiality of messages; or protect the privacy of subscribers to public telecommunications networks or services.
7. Each Party in accordance with its legislation shall not impose more conditions for access to public telecommunications networks or services and their use, that necessary to:
a) Safeguard the public service responsibilities of suppliers of public telecommunications networks or services. in particular their ability to make their networks or services available to the public generally or;
b) Protect the technical integrity of public telecommunications networks or services.
8. Provided that conditions for access to public telecommunications networks or services and their use comply with the guidelines established in paragraph 7, such conditions may include:
a) Restrictions on resale or shared use of such services;
b) Requirements for use of certain technical interfaces, interface, including protocols for interconnection with such networks or services;
c) Restrictions on interconnection of private owned or leased circuits with such networks or services or with leased circuits or owned by another person, when used for the supply of public telecommunications networks or services; and
d) Procedures for licensing, permitting, records or notifications, adopted or maintained, are transparent and whose application is expeditiously resolved.
Article 11-04. Conditions for the Provision of Enhanced or Value-added Services
1. Each Party shall ensure that:
a) Any procedure that it adopts or maintains records for licensing, permitting or notifications, relating to the provision of such services is transparent and non-discriminatory and that applications are processed expeditiously; and
b) The information required conform to the requirements and procedures laid down in the respective laws and regulations of each Party which requires the technical and financial capacity to provide the service.
2. No Party shall require a provider of services:
a) Services to the general public;
b) Justify their tariffs according to its costs;
c) A fee;
d) Its interconnect networks with any particular customer or network; or
e) Satisfy any particular standard or technical regulation for interconnection other than for interconnection to a public telecommunications network.
3. Notwithstanding subparagraph (c) of paragraph 2, each Party may require the registration fee to:
a) A service provider to remedy a practice that the provider of that Party, in accordance with its legislation, has found in a particular case, as anti-competitive; or
b) A monopoly to implement the provisions of article 11-06.
Article 11-05. Measures Related to Standardization
1. Each Party shall ensure that its measures relating to the normalization relating to the attachment of terminal or other equipment to the public telecommunications networks, including those measures relating to the use of measuring equipment for testing and conformity assessment procedure, are adopted or maintained only to the extent necessary to:
a) Technical prevent damage to public telecommunications networks;
b) Technical prevent interference with public telecommunications services or its deterioration;
c) Prevent electromagnetic interference and ensure compatibility with other uses of the electromagnetic spectrum;
d) Prevent billing equipment malfunction; or
e) User ensuring safety and access to public telecommunications networks or services.
2. Each Party may establish the approval requirement for the attachment of terminal or other equipment that is not authorized to the public telecommunications network, provided that the criteria for approval are consistent with paragraph 1.
3. Each Party shall ensure that the endpoints of public telecommunications networks are defined on a reasonable and transparent basis.
4. Once authorized equipment used as protective equipment to the public telecommunications networks, on the basis of the criteria set out in paragraph 1, neither Party shall require authorization for additional equipment that is connected on the consumer side.
5. Each Party shall:
a) Ensure that its conformity assessment procedures are transparent and non-discriminatory applications filed and that the effect is processed expeditiously;
b) Permit any technically qualified entity to perform the required testing to terminal equipment or other equipment to be attached to the public telecommunications network, in accordance with the conformity assessment procedures of the Party, subject to the right of the same to review the accuracy and completeness of the test results; and
c) It shall ensure that are not discriminatory measures it adopts or maintains to authorise persons to act as agents for suppliers of telecommunications equipment before the competent bodies for the conformity assessment of the party.
6. No later than one year after the entry into force of this Treaty, each Party shall adopt its conformity assessment procedures, the provisions necessary to accept the test results from laboratories which is located in the territory of the other party in its rules and procedures.
7. The Sub-Committee of measures concerning the standardization of telecommunications, established pursuant to paragraph 5 of Article 14-17 shall have the following functions set out in the annex to this article, in addition to the available to the Committee of measures concerning standardization.
Article 11-06. Monopolies
1. Where a party maintains or establish a monopoly to provide public telecommunications networks and services and the monopoly competes directly or through a branch in the provision of enhanced or value-added services or other goods or services associated with telecommunications, the Party shall ensure that the monopoly does not use its monopoly position to engage in anticompetitive practices in these markets, either directly or through its dealings with its subsidiaries, so that affects desventajosamente to a person of the other party. such practices may include the conduct and cross-subsidization predatory or discriminatory access to networks and to provide public telecommunications services.
2. Each Party shall introduce or maintain effective measures to prevent anticompetitive conduct referred to in paragraph 1, such as:
a) Accounting requirements;
b) Requirements for structural separation;
c) Rules to ensure that the monopoly to its competitors access to their networks or telecommunications facilities and the use of the same terms and conditions on no less favourable than those it accords to itself or its affiliates; or
d) Rules to ensure the timely disclosure of technical changes to public telecommunications networks and their interfaces.
Article 11-07. Relationship with International Organisations and Agreements
1. The Parties shall make its best efforts to stimulate the role of regional and subregional fora and prompt and to foster the development of telecommunications of the region.
2. The Parties recognize the importance of international standards for global compatibility and interoperability of networks or telecommunications services and undertake to promote such standards through the work of relevant international bodies, including the International Telecommunication Union and the International Organization for Standardization.
Article 11-08. Technical Cooperation and other Consultations
1. In order to encourage the development of interoperable telecommunications services, the Parties shall cooperate in the exchange of technical information in the development of training programs and other related intergovernmental activities. in pursuance of this obligation, the Parties shall put special emphasis on coordination and exchange programmes.
2. The Parties shall consult to determine among them the possibility of further liberalizing trade in all telecommunications services.
Article 11-09. Transparency
Each Party shall make publicly available the measures relating to access to public telecommunications networks or services and its use, including measures relating to:
a) Tariffs and other terms and conditions of service;
b) Technical specifications of interfaces with such networks and services;
c) Information on bodies responsible for the preparation and adoption of standards affecting such access and use;
d) Conditions for the attachment of terminal or other equipment to the public telecommunications network; and
e) Any notification requirement, registration, license or permit.
Article 11-10. Relationship to other Chapters.
In the event of any inconsistency between the provisions of this chapter and chapter of the other shall prevail to the extent of the inconsistency.
Chapter XII. Temporary Entry of Business Persons
Article 12-01. Definitions
For purposes of this chapter:
Temporary entry means business entry by a person of a Party in the territory of the other party without the intent to establish permanent residence;
Business person means a national of a party who is engaged in trade in goods or services or investment activities;
National means a national, but does not include a permanent residents; and
Existing: the quality of compulsory legislative regulations of the Parties at the time of Entry into Force of this Treaty.