Panama - Taiwan Province of China FTA (2003)
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Title

FREE TRADE AGREEMENT BETWEEN THE REPUBLIC OF CHINA AND THE REPUBLIC OF PANAMA

Preamble

The Government of the Republic of China (hereinafter referred to as “the ROC”) and the Government of the Republic of Panama (hereinafter referred to as “Panama”), resolved to:

STRENGTHEN the traditional bonds of friendship and the spirit of cooperation among their people; 

RECOGNIZE each nation’s strategic and geographic position within its respective regional market;

ACHIEVE a better balance in their trade relationship;

CREATE an expanded and secure market for goods and services produced in their own territories;

RECOGNIZE the difference in the levels of development and in the size of their economies and the need to create opportunities for economic development;

AVOID distortions to bilateral trade;

ESTABLISH clear and mutually beneficial rules governing their trade in goods and services, as well as the promotion and protection of investments in their territories;

RESPECT their respective rights and obligations under the Marrakesh Agreement establishing the World Trade Organization (WTO), as well as other bilateral and multilateral cooperation instruments;

ENHANCE the competitiveness of their firms in global markets;

CREATE employment opportunities and improve living standards of their people in their respective territories;

PROMOTE economic development in a manner consistent with environmental protection, conservation, and sustainable development;

PRESERVE their ability to safeguard the public welfare; and

PROMOTE the dynamic participation of different economic groups, particularly from the private sector, in order to strengthen the trade relations between both nations;

HAVE AGREED as follows:

Body

Part ONE. GENERAL ASPECTS

Chapter 1. INITIAL PROVISIONS

Article 1.01. Establishment of the Free Trade Area

Through this Agreement and consistent with Article XXIV of the General Agreement on Tariffs and Trade of 1994 and Article V of the General Agreement on Trade in Services, the Parties hereby establish a free trade area.

Article 1.02. Enforcement

Each Party shall ensure the adoption of all necessary measures in accordance with its constitutional rules in order to comply with the provisions of this Agreement in its territory and in all levels of its government.

Article 1.03. Relation to other International Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which the Parties are party.

2. In the event of any inconsistency between the provisions of this Agreement and the provisions of the agreements referred to in paragraph 1, the provisions of this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

3. In the event of any inconsistency between this Agreement and the specific trade obligations set forth in:

(a) the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), done at Washington, March 3, 1973, as amended June 22, 1979;

(b) the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal, September 16, 1987, as amended June 29, 1990; or

(c) the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal, done at Basel, March 22, 1989,

these obligations shall prevail to the extent of the inconsistency, provided that where a Party has a choice among equally effective and reasonably available means of complying with such obligations, the Party chooses the alternative that is the least inconsistent with the other provisions of this Agreement.

Article 1.04. Successor Agreement

Any reference in this Agreement to any other treaty or international agreement shall be made in the same terms to its successor treaty or international agreement to which the Parties are party.

Chapter 2. GENERAL DEFINITIONS

Article 2.01. Definitions of General Application

For purposes of this Agreement, except as otherwise provided for in another Chapter, the following terms shall be understood as:

chapter: the first two digits of the Harmonized System;

Commission: the Administrative Commission of the Agreement established pursuant to Article 18.01 (Administrative Commission of the Agreement);

customs duty: any customs or import duty and charges of any kind imposed on or in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but not including any:

(a) charge equivalent to an internal tax imposed consistently with Article III: 2 of GATT 1994;

(b) antidumping or countervailing duty that is applied pursuant to a Party's legislation and applied consistently with Chapter 7 (Unfair Trade Practices);

(c) fee or other charge in connection with importation commensurate with the cost of services rendered; and

(d) premium offered or collected on or in connection with an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions, tariff rate quotas or tariff preference levels;

Customs Valuation Agreement: the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, including its interpretative notes which forms part of the WTO Agreement;

days: calendar days, including Saturdays, Sundays and holidays;

enterprise: any legal entity constituted or organized under the applicable laws of a Party, whether or not for profit, and whether privately-owned or governmentally-owned, including any company, corporation, foundation, trust, partnership, sole proprietorship, joint venture or other association;

existing: in effect on the date of entry into force of this Agreement;

GATS: the General Agreement on Trade in Services, which forms part of the WTO Agreement;

GATT 1994: the General Agreement on Tariffs and Trade 1994, which forms part of the WTO Agreement;

goods: any material, substance, product or part;

goods of a Party: domestic products as understood in GATT 1994, or goods granted with this characterization by the Parties, including goods originating in that Party. Goods of a Party may incorporate materials from non-Parties;

Harmonized System: the “Harmonized Commodity Description and Coding System” as in effect, including its general rules of interpretation and the legal notes of its sections, chapters, headings and subheadings, as adopted and implemented by the Parties in their respective laws;

heading: the first four digits of the Harmoni zed System;

measures: any law, regulation, procedure, requirement, provision, or practice among other measures;

national: a natural person in accordance with Annex 2.01;

originating goods: goods that qualify as originating under the rules set out in Chapter 4 (Rules of Origin);

person: a natural person or an enterprise;

person of a Party: a national or an enterprise of a Party; Party: the Republic of Panama or the Republic of China;

producer: a person who manufactures, produces, processes or assembles a good; or who cultivates, grows, breeds, mines, extracts, harvests, fishes, traps, gathers, collects, hunts or captures a good;

Secretariat: "Secretariat" as established in accordance with Article 18.03 (Secretariat); state enterprise: an enterprise that is owned or controlled by a Party through ownership interests;

subheading: the first six digits of the Harmonized System;

tariff reduction schedule: “tariff reduction schedule”as established in accordance with Annex 3.04 (Tariff Reduction Schedule);

territory: the terrestrial, maritime and air space of each Party as well as its exclusive economic zone and its continental shelf over which it exercises its sovereign rights and jurisdiction according to its domestic legislation and international law;

TRIPS: the Agreement on Trade-Related Aspects of Intellectual Property Rights, which forms part of the WTO Agreement;

Uniform Regulations: "Uniform Regulations" as established in accordance with Article 5.12 (Uniform Regulations); and

WTO Agreement: the Marrakesh Agreement Establishing the World Trade Organization (WTO) on April 15, 1994.

Part TWO. TRADE IN GOODS

Chapter 3. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Section A. Definitions and Scope of Application

Article 3.01. Definitions

For purposes of this Chapter, the following terms shall be understood as:

advertising films: recorded visual media, with or without soundtracks, consisting essentially of images which demonstrate the nature or the function of the goods or services offered for sale or for lease by any person established or resident in the territory of a Party, provided that the films are suitable for its exhibitions to potential customers, and are not for the broadcasting to the general public, and provided that they are imported in packets in which each contains no more than one copy of each film and do not form part of a larger shipment;

agricultural goods: the goods classified in the following chapters, headings or sub- headings of the Harmonized System, according to the 1996 revision:

(Note: the descriptions are provided for reference)

Tariff Classification                                                                       Description

Chapters                                      01to24                                        less fish and fish products

Subheading                                 2905.43                                      Mannitol

Subheading                                 2905.44                                      Sorbitol

Heading                                       33.01                                        essential oils

Headings                             35.01 to 35.05             albuminoidal substances, modified starches, glues

Subheading                              3809.10                                    finishing agents

Subheading                              3824.60             sorbitol other than that of subheading No. 2905.44

Headings                           41.01 to  41.03                              hides and skins

Heading                                   43.01                                          raw fur skins

Headings                            50.01 to 50.03                            raw silk and silk waste

Headings                           51.01 to 51.03                              wool and animal hair

Headings                           52.01 to 52.03          raw cotton, cotton waste and cotton carded or combed

Heading                                   53.01                                            raw flax

Heading                                  53.02                                            raw hemp

commercial samples of negligible value or of non-commercial value: commercial samples (individually or in the aggregated shipment) valued no more than one US dollar or the equivalent amount counted in whatever currency of the Parties, or marked, torn, perforated or treated in the way which are unsuitable for sales or for any way except of sample use;

consumed:

(a) actually consumed; or

(b) further processed or manufactured so as to result in a substantial change in value, form or use of the good or in the production of another good;

goods for exhibition or demonstration: including components, auxiliary devices and accessories;

goods imported for the purposes of sports: the sports equipment used in sports contests, events or training in the territory of the Party into whose territory such goods are imported, provided the goods are finished products;

printed advertising materials: the pamphlets, printings, leaflets, trade catalogs, yearbooks published by trade associations, materials and posters of tourism promotions which are used to promote, publicize, or advertise goods or services, are distributed free of charge, and are classified in Chapter 49 of the Harmonized System;

repairs or alterations: activities which do not include operations or processes that destroy the basic characteristics of a good or create a new or commercially different good. For this purpose, it shall be understood that an operation or process that forms part of the production or assembly of an unfinished good and transform it into a finished good does not mean a repair or alteration of the unfinished good;

subsidies to exports of agriculture goods: those are related to:

(a) the provision by governments or their agencies of direct subsidies, including payments-in-kind, to a firm, to an industry, to producers of an agricultural good, to a cooperative or other association of such producers, or to a marketing board, contingent on export performance;

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

(c) payments on the export of an agricultural good that are financed by virtue of governmental action, whether or not a charge on the public account is involved, including payments that are financed from the proceeds of a levy imposed on the agricultural goods concerned or on agricultural goods from which the exported product is derived;

(d) the provision of subsidies to reduce the costs of marketing exports of agricultural goods (other than widely available export promotion and advisory services) including handling, upgrading and other processing costs, and the costs of international transport and freight;

(e) internal transport and freight charges on export shipments, provided or mandated by governments, on terms more favorable than for domestic shipments; or

(f) subsidies on agricultural goods contingent on their incorporation in exported products; and

temporary admission of goods: the temporary admission of goods or the temporary import of goods.

Article 3.02. Scope of Application

This Chapter applies to the trade in goods between the Parties, except as otherwise provided in this Agreement. 

Section B. National Treatment

Article 3.03. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including its interpretative notes, which are incorporated into and made part of this Agreement.

2. For purposes of paragraph 1, each Party shall grant the goods of the other Party the treatment no less favorable than the most favorable treatment granted by this Party to the like, directly competitive or substitutable goods of its national origin. 

Section C. Tariffs

Article 3.04. Tariff Reduction Schedule

1. Upon the entry into force of this Agreement, the Parties commit themselves to ensuring access to their respective markets by means of elimination of customs duties, on the trade of originating goods according to the tariff reduction schedule described in Annex 3.04, unless otherwise provided therein.

2. Except as otherwise provided in this Agreement, the purpose of this Article is not to prevent a Party from maintaining or increasing a customs tariff as may be allowed by the WTO Agreement or any other agreement which forms part of the WTO.

3. Paragraph 1 does not prohibit a Party from increasing a customs tariff to a level not higher than that established in its respective tariff reduction schedule if previously this tariff had been unilaterally reduced to a level lower than that established in the tariff reduction schedule. During the tariff reduction process the Parties shall undertake to apply in their trade in originating goods the lowest tariff obtained by comparing the level established in accordance with its respective tariff reduction schedule and the level in force according to Article I of GATT 1994.

4. At the request of any Party, the Parties shall carry out consultations to consider the possibility of accelerating the phasing out of customs tariffs under the tariff reduction schedule s .

5. Notwithstanding the provisions of paragraphs 1 through 4, a Party may maintain, adopt or modify any tariff on goods excluded from the tariff reduction schedule as provided in Annex 3.04. 

Article 3.05. Temporary Admission of Goods

1. Each Party shall grant duty-free temporary admission to import from the territory of the other Party for: 

(a) professional equipment necessary for carrying out the business activity, trade or profession of a business person who qualifies for temporary entry pursuant to Chapter 14 (Temporary Entry for Business Persons);

(b) equipment for the press or for radio or television broadcasting and cinematographic equipment;

(c) goods imported for sports purposes or goods intended for display or demonstration; and

(d) commercial samples and advertising films.

2. Except as otherwise provided in this Agreement, neither Party may impose any condition upon the duty-free temporary admission of a good referred to in paragraph 1(a), (b) or (c), other than the requirement that such a good:

(a) be imported by a national or resident of the other Party who seeks temporary entry;

(b) be used solely by visitors or under the personal supervision of such person in the exercise of the business activity, trade or profession of that person;

(c) not be sold or leased while in its territory;

(d) be accompanied by a bond in an amount no greater than 110 percent of the charges that would otherwise be owed on entry or final importation, or by another form of security, releasable on exportation of the good, except that a bond for customs duties shall not be required for the original goods;

(e) be easily identifiable when exported;

(f) be exported on the departure of that person or within such period of time as is reasonably related to the purpose of the temporary admission; and

(g) be imported in no greater quantity than is reasonable for its intended use.

3. Except as otherwise provided in this Agreement, neither Party may impose any condition upon the duty-free temporary admission of a good referred to in paragraph 1(d), other than the requirement that such a good:

(a) be imported solely for the solicitation of orders for goods or services provided from the territory of the other Party or a non-Party;

(b) not be sold, leased or put to any use other than exhibition or demonstration while in its territory;

(c) be easily identifiable when exported;

(d) be exported within such period as is reasonably related to the purpose of the temporary admission; and

(e) be imported in no greater quantity than is reasonable for its intended use.

4. Where a good temporarily admitted duty-free under paragraph 1 do not fulfill whatever conditions that a Party imposes under paragraph 2 or 3 that Party may impose:

(a) customs tariff and other charges which are levied on the import; and

(b) any criminal, civil or administrative penalties as may be appropriate under the circumstances.

Article 3.06. Duty-Free Entry of Certain Commercial Samples of Negligible Value or of Non-Commercial Value and Printed Advertising Materials

Each Party shall grant duty-free entry to commercial samples of negligible value or of non-commercial value, and to printed advertising materials, imported from the territory of the other Party but may require that:

(a) such commercial samples be imported solely for the solicitation of orders for goods or services provided from the territory of the other Party or a non-Party; or

(b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither such materials nor packets form part of a larger shipment.

Article 3.07. Goods Re-Entered after Repair or Alteration

1. Neither Party may apply a customs tariff to a good that re-enters its territory after that good has been exported from its territory to the territory of the other Party for repair or alteration. 

2. Neither Party may apply a customs duty to a good imported temporarily from the territory of the other Party for repair or alteration.

Page 1 Next page
  • Part   ONE GENERAL ASPECTS 1
  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.01 Establishment of the Free Trade Area 1
  • Article   1.02 Enforcement 1
  • Article   1.03 Relation to other International Agreements 1
  • Article   1.04 Successor Agreement 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   2.01 Definitions of General Application 1
  • Part   TWO TRADE IN GOODS 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitions and Scope of Application 1
  • Article   3.01 Definitions 1
  • Article   3.02 Scope of Application 1
  • Section   B National Treatment 1
  • Article   3.03 National Treatment 1
  • Section   C Tariffs 1
  • Article   3.04 Tariff Reduction Schedule 1
  • Article   3.05 Temporary Admission of Goods 1
  • Article   3.06 Duty-Free Entry of Certain Commercial Samples of Negligible Value or of Non-Commercial Value and Printed Advertising Materials 1
  • Article   3.07 Goods Re-Entered after Repair or Alteration 1
  • Article   3.08 Customs Valuation 2
  • Section   D Non-Tariff Measures 2
  • Article   3.09 Domestic Supports 2
  • Article   3.10 Export Subsidies 2
  • Article   3.11 Import and Export Restrictions 2
  • Article   3.12 Customs Processing Fees and Consular Fees 2
  • Article   3.13 Country of Origin Marking 2
  • Article   3.14 Export Taxes 2
  • Article   3.15 Measures Under Intergovernmental Agreements 2
  • Article   3.16 Committee on Trade In Goods 2
  • Chapter   4 RULES OF ORIGIN 2
  • Article   4.01 Definitions 2
  • Article   4.02 Application Instruments and Interpretation 2
  • Article   4.03 Originating Goods 2
  • Article   4.04 Minimal Operations or Processes 2
  • Article   4.05 Indirect Materials 2
  • Article   4.06 Accumulation 2
  • Article   4.07 Regional Value Content 2
  • Article   4.08 De Minimis 2
  • Article   4.09 Fungible Goods 2
  • Article   4.10 Sets or Assortments of Goods 2
  • Article   4.11 Accessories, Spare Parts and Tools 2
  • Article   4.12 Containers and Packaging Materials for Retail Sale 2
  • Article   4.13 Containers and Packing Materials for Shipment 2
  • Article   4.14 Transshipment 2
  • Chapter   5 CUSTOMS PROCEDURES 2
  • Article   5.01 Definitions 2
  • Article   5.02 Certification of Origin 3
  • Article   5.03 Obligations Regarding Importation 3
  • Article   5.04 Obligations Regarding Exportation 3
  • Article   5.05 Records 3
  • Article   5.06 Origin Verification Procedure 3
  • Article   5.07 Advance Rulings 3
  • Article   5.08 Confidentiality 3
  • Article   5.09 Recognition and Acceptance of the Re-Exportation Certificate 3
  • Article   5.10 Penalties 3
  • Article   5.11 Review and Appeal 3
  • Article   5.12 Uniform Regulations 4
  • Article   5.13 Cooperation 4
  • Chapter   6 SAFEGUARD MEASURES 4
  • Article   6.01 Definitions 4
  • Article   6.02 Bilateral Safeguard Measures 4
  • Article   6.03 Global Safeguard Measures 4
  • Article   6.04 Administration of Safeguard Measure Proceedings 4
  • Article   6.05 Dispute Settlement In Safeguard Measure Matters 4
  • Chapter   7 UNFAIR TRADE PRACTICES 4
  • Article   7.01 Scope and Coverage 4
  • Article   7.02 Obligation for Completing an Investigation 4
  • Part   THREE TECHNICAL BARRIERS TO TRADE 4
  • Chapter   8 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   8.01 Definitions 4
  • Article   8.02 General Provisions 4
  • Article   8.03  Rights of the Parties 4
  • Article   8.04 Obligations of the Parties 4
  • Article   8.05 International Standards and Harmonization 4
  • Article   8.06 Equivalence 5
  • Article   8.07 Assessment of Risk and Determination of the Appropriate Level of Sanitary and Phytosanitary Protection 5
  • Article   8.08 Recognition of Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   8.09 Control, Inspection and Approval Procedures 5
  • Article   8.10 Transparency 5
  • Article   8.11 Committee on Sanitary and Phytosanitary Measures 5
  • Article   8.12 Technical Cooperation 5
  • Chapter   9 MEASURES ON STANDARDS, METROLOGY AND AUTHORIZATION PROCEDURES 5
  • Article   9.01 Definitions 5
  • Article   9.02 General Provisions 5
  • Article   9.03 Scope and Coverage 5
  • Article   9.04 Basic Rights and Obligations 5
  • Article   9.05 Assessment of Risk 5
  • Article   9.06 Compatibility and Equivalence 5
  • Article   9.07 Conformity Assessment 5
  • Article   9.08 Authorization Procedures 5
  • Article   9.09 Metrology 5
  • Article   9.10 Notification 5
  • Article   9.11 Information Centres 5
  • Article   9.12 Committee on Standards, Metrology and Authorization Procedures 5
  • Article   9.13 Technical Cooperation 6
  • Part   FOUR INVESTMENT, SERVICES AND RELATED MATTERS 6
  • Chapter   10 Investment 6
  • Section   A Investment 6
  • Article   10.01 Scope and Coverage 6
  • Article   10.02 National Treatment 6
  • Article   10.03 Most-favored-nation Treatment 6
  • Article   10.04 Fair and Equitable Treatment 6
  • Article   10.05 Standard of Treatment 6
  • Article   10.06 Compensation for Losses 6
  • Article   10.07 Performance Requirements 6
  • Article   10.08 Senior Management and Boards of Directors 6
  • Article   10.09 Reservations and Exceptions 6
  • Article   10.10 Transfers 6
  • Article   10.11 Expropriation and Compensation 6
  • Article   10.12 Special Formalities and Information Requirements 6
  • Article   10.13 Relation to other Chapters 6
  • Article   10.14 Denial of Benefits 6
  • Article   10.15 Environmental Measures 6
  • Section   B Settlement of Disputes between a Party and an Investor of the other Party 6
  • Article   10.16 Purpose 6
  • Article   10.17 Claim by an Investor of a Party on Its Own Behalf 6
  • Article   10.18 Claim by an Investor of a Party on Behalf of an Enterprise 6
  • Article   10.19 Settlement of a Claim Through Consultation and Negotiation 6
  • Article   10.20 Notice of Intent to Submit a Claim to Arbitration 6
  • Article   10.21 Submission of a Claim to Arbitration 6
  • Article   10.22 Conditions Precedent to Submission of a Claim to Arbitration 6
  • Article   10.23 Consent to Arbitration 6
  • Article   10.24 Number of Arbitrators and Method of Appointment 6
  • Article   10.25 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 6
  • Article   10.26 Agreement to Appointment of Arbitrators 6
  • Article   10.27 Consolidation 6
  • Article   10.28 Notice 6
  • Article   10.29 Participation by a Party 6
  • Article   10.30 Documents 6
  • Article   10.31 Venue of Arbitration 6
  • Article   10.32 Governing Law 6
  • Article   10.33 Interpretation of Annexes 6
  • Article   10.34 Expert Reports 6
  • Article   10.35 Interim Measures of Protection 6
  • Article   10.36 Final Award 6
  • Article   10.37 Finality and Enforcement of an Award 6
  • Article   10.38 General Provision 6
  • Section   C Definitions 6
  • Article   10.39 Definitions 6
  • ANNEX 10.38 (2)   DELIVERY OF NOTIFICATIONS AND OTHER DOCUMENTS 6
  • Chapter   11 CROSS-BORDER TRADE IN SERVICES 6
  • Article   11.1 Definitions 6
  • Article   11.02 Scope and Coverage 6
  • Article   11.03 National Treatment 6
  • Article   11.04  Most-Favored-Nation Treatment 6
  • Article   11.05 Standard of Treatment 6
  • Article   11.06 Local Presence 6
  • Article   11.07 Permission, Authorization, Licensing and Certification 6
  • Article   11.08 Reservations 6
  • Article   11.09 Quantitative Restrictions 7
  • Article   11.10 Denial of Benefits 7
  • Article   11.11 Future Liberalization 7
  • Article   11.12 Procedures 7
  • Article   11.13 Disclosure of Confidential Information 7
  • Article   11.14 Committee on Investment and Cross-border Trade In Services 7
  • Chapter   12 FINANCIAL SERVICES 7
  • Article   12.01 Definitions 7
  • Article   12.02 Scope and Coverage 7
  • Article   12.03 Self-regulatory Organizations 7
  • Article   12.04 Right of Establishment 7
  • Article   12.05 Cross-border Trade 7
  • Article   12.06 National Treatment 7
  • Article   12.07 Most-Favored-Nation Treatment 7
  • Article   12.08 Recognition and Harmonization 7
  • Article   12.09 Exceptions 7
  • Article   12.10 Transparency 7
  • Article   12.11 Committee on Financial Services 7
  • Article   12.12 Consultations 7
  • Article   12.13 New Financial Services and Data Processing 7
  • Article   12.14 Senior Management and Board of Directors 7
  • Article   12.15 Reservations and Specific Commitments 7
  • Article   12.16 Denial of Benefits 7
  • Article   12.17 Transfers 8
  • Article   12.18 Dispute Settlement between the Parties 8
  • Article   12.19 Investment Disputes Settlement In Financial Services between an Investor of a Party and the other Party 8
  • Chapter   13 TELECOMMUNICATIONS 8
  • Article   13.01 Definitions 8
  • Article   13.02 Scope and Coverage 8
  • Article   13.3 Access to and Use of Public Telecommunications Transport Networks and Services 8
  • Article   13.04 Conditions for the Provision of Enhanced or Value-added Services 8
  • Article   13.05 Standards-Related Measures 8
  • Article   13.06 Monopolies or Anti-competition Practice 8
  • Article   13.07 Transparency 8
  • Article   13.08 Relation to other Chapters 8
  • Article   13.09 Relation to other International Organizations and Agreements 8
  • Article   13.10 Technical Cooperation and other Consultations 8
  • Chapter   14 TEMPORARY ENTRY FOR BUSINESS PERSONS 8
  • Article   14.01 Definitions 8
  • Article   14.02 General Principles 9
  • Article   14.03 General Obligations 9
  • Article   14.04 Grant of Temporary Entry 9
  • Article   14.05 Provision of Information 9
  • Article   14.06 Dispute Settlement 9
  • Article   14.07 Relation to other Chapters 9
  • Part   FIVE COMPETITION POLICY 9
  • Chapter   15 COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 9
  • Section   A Competition Policy 9
  • Article   15.01 Objectives 9
  • Article   15.02 Cooperation 9
  • Section   B Monopolies and State Enterprises 9
  • Article   15.03 Monopolies and State Enterprises 9
  • Part   SIX INTELLECTUAL PROPERTY RIGHTS 9
  • Chapter   16 INTELLECTUAL PROPERTY 9
  • Section   A General Provisions 9
  • Article   16.01 General Provisions 9
  • Section   B Protection of the Intellectual Property Rights 9
  • Article   16.02 General Obligations 9
  • Article   16.03 Exhaustion of the Copyright and Related Rights 9
  • Article   16.04 Protection of Geographic Indications 9
  • Article   16.05 Protection of Traditional Knowledge 9
  • Article   16.06 Protection of Folklore 9
  • Article   16.07 Relation between Access to Genetic Resources and Intellectual Property 9
  • Article   16.08 Plant Breeders 9
  • Section   C Enforcement 9
  • Article   16.09 Applications 9
  • Article   16.10 Enforcement of Intellectual Property Rights 9
  • Article   16.11 Enforcement of Border Measures 9
  • Article   16.12 Transparency 9
  • Article   16.13 Committee on Intellectual Property 9
  • Article   16.14 Technical Cooperation 9
  • Part   SEVEN ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 9
  • Chapter   17 TRANSPARENCY 9
  • Article   17.01 Definitions 9
  • Article   17.02 Information Centre 9
  • Article   17.03 Publication 9
  • Article   17.04 Provision of Information 9
  • Article   17.05 Guarantees on Hearing, Legality and Due Process 9
  • Article   17.06  Administrative Proceedings for Adopting Measures of General Applications 9
  • Article   17.07 Review and Appeal 9
  • Article   17.08 Communications and Notifications 9
  • Chapter   18 ADMINISTRATION OF THE AGREEMENT 9
  • Section   A Commission, Sub-commission and Secretariat 9
  • Article   18.01 Administrative Commission of the Agreement 9
  • Article   18.02 Administrative Sub-commission of the Agreement 10
  • Article   18.03 Secretariat 10
  • Section   B Committees, Sub-committees and Expert Groups 10
  • Article   18.04 General Provisions 10
  • Article   18.05 Committees 10
  • Article   18.06 Sub-Committees 10
  • Article   18.07 Expert Groups 10
  • Chapter   19 DISPUTE SETTLEMENT 10
  • Section   A Dispute Settlement 10
  • Article   19.01 Definitions 10
  • Article   19.02 General Provisions 10
  • Article   19.03 Scope of Application 10
  • Article   19.04 Choice of Fora 10
  • Article   19.05 Urgent Cases 10
  • Article   19.06 Consultations 10
  • Article   19.07 Commission Intervention 10
  • Article   19.08 Good Offices, Conciliation and Mediation 10
  • Article   19.09 Request for the Establishment of an Arbitral Group 10
  • Article   19.10 List of Arbitrators 10
  • Article   19.11 Qualifications of the Arbitrators 10
  • Article   19.12 Composition of the Arbitral Group 10
  • Article   19.13 Model Rules of Procedure 10
  • Article   19.14 Information and Technical Advice 10
  • Article   19.15 Preliminary Report 10
  • Article   19.16 Final Report 11
  • Article   19.17 Implementation of the Final Report 11
  • Article   19.18 Suspension of Benefits 11
  • Section   B Domestic Proceedings and Settlement of Private Commercial Disputes 11
  • Article   19.19 Interpretation of the Agreement Before Judicial and Administrative Proceedings 11
  • Article   19.20 Private Rights 11
  • Article   19.21 Alternative Dispute Settlement Methods between Individuals 11
  • Chapter   20 EXCEPTIONS 11
  • Article   20.01 Definitions 11
  • Article   20.02 General Exceptions 11
  • Article   20.03 National Security 11
  • Article   20.04 Balance of Payments 11
  • Article   20.05 Disclosure of Information 11
  • Article   20.06 Taxation 11
  • Chapter   21 FINAL PROVISIONS 11
  • Article   21.01 Modifications 11
  • Article   21.02 Reservations 11
  • Article   21.03 Validity 11
  • Article   21.04 Annexes 11
  • Article   21.05 Termination 11
  • Article   21.06 Authentic Texts 11