Mexico - Nicaragua FTA (1997)
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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.

Article 12-02. General Principles

  • 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