Canada - Honduras FTA (2013)
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Generally Accepted Accounting Principles means accounting principles accepted and commonly used in the territory of each Partywith regard to the recording of income, costs, expenses, assets, and liabilities involved in the disclosure of information and preparation of financial statements. These principles may be broad guidelines of general application, as well as those standards, practices, and procedures usually employed in accounting;

good includes a product, article, or material;

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

(a) a mineral or other non-living natural resource extracted in or taken from the territory of one or both of the Parties;

(b) a plant or plant product harvested or gathered in the territory of one or both of the Parties;

(c) a live animal born and raised entirely in the territory of one or both of the Parties;

(d) a good obtained from a live animal in the territory of one or both of the Parties;

(e)a good obtained from hunting, trapping, fishing, or aquaculture in the territory of one or both of the Parties;

(f) fish, shellfish, or other marine life taken from the sea, seabed, or the subsoil outside the territory of one or both of the Parties by:

(i) a vessel registered or listed with a Party and entitled to fly its flag,

(ii) a vessel leased by a company established in the territory of a Party and entitled to fly its flag, or

(iii) a vessel not exceeding 15 tons gross tonnage that is licensed by a Party,

except any fish, shellfish, and other marine life subject to unilateral Canadian restrictions pursuant to Canada’s Special Economic Measures Act, S.C. 1992, c. 17, as amended;

(g) a good produced on board a factory vessel from a good referred to in subparagraph (f), provided that the factory vessel is registered or listed with a Party, or leased by a company established in the territory of a Party, and entitled to fly its flag;

(h) a good, other than fish, shellfish, or other marine life, taken or extracted from the seabed or the subsoil of the continental shelf or the exclusive economic zone of a Party;

(i) a good, other than fish, shellfish or other marine life, taken or extracted from the seabedor the subsoil, in the area outside both the continental shelf and the exclusive economic zone of a Party or of any other State, by a vessel registered or listed with a Party and entitled to fly its flag, or by a Party or person of a Partyprovided that the Party or person of the Party has rights to exploit that seabed or subsoil;

(j) waste and scrap derived from:

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

(ii) a used good collected in the territory of one or both of the Parties, provided that the good is fit only for the recovery of raw materials;

(k) a recovered good collected in the territory of one or both of the Parties and used in the territory of one or both of the Parties in the production of a remanufactured good; and

(l) a good produced in the territory of one or bothof the Parties exclusively from a good or goods referred to in subparagraphs (a) through (k), or from their derivatives, at any stage of production;

identical goods means “identical goods” as defined in Article 15.2(a) of the Customs Valuation Agreement;

indirect material means a good used in the production, testing, or inspection of a good but which is not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

(a) fuel and energy;

(b) tools, dies, and moulds;

(c) a spare part or material used in the maintenance of equipment or buildings;

(d) a lubricant, grease, compounding material, or other material used in the production of a good or in the operation of equipment or a building;

(e) gloves, glasses, footwear, clothing, safety equipment and supplies;

(f) equipment, devices, and supplies used for testing or inspecting the good;

(g) a catalyst or solvent; or

(h) any other good that is not incorporated into the good, but whose use in the production of the good can reasonably be demonstrated to be a part of that production;

intermediate material means a material that is produced by a producer of a good and used in the production of that good;

material means a good that is used in the production of another good and includes a part or an ingredient of a good;

net cost means total cost minus sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost;

net cost of a good means the net cost that can be reasonably allocated to a good using one of the methods set out in Article 4.3(6);

non-allowable interest cost means interest cost incurred by a producer that exceed, by 700 basis points or more, the applicable national government interest rate identified for comparable maturities;

non-originating good means a good that does not qualify as originating under this Chapter;

non-originating material means a material that does not qualify as originating under this Chapter;

producer means a person who grows, mines, raises, harvests, fishes, traps, hunts, manufactures, processes, assembles, or disassembles a good;

production means growing, mining, raising, harvesting, fishing, trapping, hunting, manufacturing, processing, assembling, or disassembling a good;

reasonably allocate means to apportion in a manner appropriate to the circumstances;

recovered good means a material in the form of an individual part that is the result of:

(a) the disassembly of a used good fit only for recovery into individual parts; and

(b) cleaning, inspecting, testing, or other processes as necessary for improvement to working condition;

remanufactured good means a good classified under Chapter 84, 85, 87, or 90 of the Harmonized System, except goods classified under heading 84.18, 84.24, or 85.16, subheading 8414.51 or 8414.59, or parts of fans classified under subheading 8414.90, that:

(a) is entirely or partially composed of recovered goods;

(b) has a life expectancy and factory warranty similar to a like new good; and

(c) is identified as a remanufactured good if required under the domestic law of the importing Party;

royalty means a payment, including a payment under a technical assistance or similar agreement, made as consideration for the use or right to use a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, secret formula, or process; but does not include a payment under a technical assistance or similar agreement that is related to specific services, such as:

(a) personnel training, without regard to where performed; or

(b) if performed in the territory of one or both of the Parties, engineering, tooling, die-setting, software design and similar computer services, or other services;

sales promotion, marketing and after-sales service cost means a cost related to:

(a) sales or marketing promotion; media advertising; advertising or market research; promotional or demonstration materials; exhibits; sales conferences, trade shows, or conventions; banners; marketing displays; free samples; sales, marketing, or after-sales service literature (product brochures, catalogues, technical literature, price lists, service manuals, sales aid information); establishment or protection of logos or trademarks; sponsorships; wholesale or retail restocking charges; entertainment;

(b) sales or marketing incentives; consumer, retailer, or wholesaler rebates; merchandise incentives;

(c) salaries or wages; sales commissions; bonuses; benefits (for example, medical, insurance, or pension benefits); traveling or living expenses; membership or professional fees for sales promotion, marketing, or after-sales service personnel;

(d) recruiting or training of sales promotion, marketing, or after-sales service personnel, or after-sales training of customers’ employees, if those costs are identified separately for sales promotion, marketing, or after-sales service of a good on the financial statements or cost accounts of the producer;

(e) product liability insurance;

(f) office supplies for sales promotion, marketing, or after-sales service of a good if those costs are identified separately for sales promotion, marketing, or after-sales service of a good on the financial statements or cost accounts of the producer;

(g) telephone, mail, or other communications, if those costs are identified separately for sales promotion, marketing, or after-sales service of a good on the financial statements or cost accounts of the producer;

(h) rent or depreciation of sales promotion, marketing, or after-sales service offices or distribution centres;

(i) property insurance premiums, taxes, utilities, or repair or maintenance of sales promotion, marketing, or after-sales service offices or distribution centres, if those costs are identified separately for sales promotion, marketing, or after-sales service of a good on the financial statements or cost accounts of the producer; and

(j) payment by the producer to other persons for warranty repairs;

shipping and packing cost means a cost incurred for packing a good for shipment and for shipping the good from the point of direct shipment to the buyer, but does not include the cost of preparing or packaging the good for retail sale;

similar goods means “similar goods” as defined in Article 15.2(b) of the Customs Valuation Agreement;

total cost means a product cost, period cost, or other cost incurred in the territory of one or both of the Parties;

transaction value means:

(a)the price actually paid or payable for a good or material in a transaction with the producer of the good or material in accordance with the principles of Article 1 of the Customs Valuation Agreement, adjusted according to the principles of paragraphs 1, 3, and 4 of Article 8 of the Customs Valuation Agreement, regardless of whether the good or material is sold for export; or

(b)if there is no transaction value or the transaction value is unacceptable under Article 1 of the Customs Valuation Agreement, the value determined in accordance with Articles 2 through 7 of the Customs Valuation Agreement;

used means used or consumed in the production of a good.

Article 4.2. Originating Goods

Except as otherwise provided in this Chapter, a good originates in the territory of a Party if:

(a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties;

(b) each of the non-originating materials used in the production of the goodundergoes an applicable change in tariff classification as set out in Annex 4.1, as a result of production occurring entirely in the territory of one or both of the Parties; or otherwise satisfies the applicable requirements of that Annex if a change in tariff classification is not required, and the good satisfies all other applicable requirements of this Chapter;

(c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating material; or

(d) except for a good of Chapter 39 or Chapters 50 through 63 of the Harmonized Systemor except as provided in Annex 4.1:

(i) the good is produced entirely in the territory of one or both of the Parties,

(ii) a non-originating material used in the production of the good cannot undergo a change in tariff classification because both the good and the non-originating material are classified in the same subheading or heading that is not further subdivided into subheadings,

(iii) the regional value content of the good, determined in accordance with Article 4.3, is not lower than 35% when the transaction value method is used, or 25% when the net cost method is used, and

(iv) the good satisfies the other applicable requirements of this Chapter.

Article 4.3. Regional Value Content

1. For the purposes of this Article:

RVC means the regional value content, expressed as a percentage;

NC means the net cost of the good;

TV means the transaction value of the goodadjusted on an ex-factory price basis as defined in Article 4.1; and

VNM means the value of non-originating materials used by the producer in the production of the good calculated in accordance with paragraph 8.

2. Except as provided in paragraphs 3 and 4, each Party shall provide that an exporter or a producer calculates the regional value content of a good on the basis of the following transaction value method:

RVC = TV – VNMx 100

TV

3. Each Party shall provide that an exporter or a producer of an automotive good of heading 87.01, subheading 8703.21 through 8703.90, or heading 87.04 through 87.08 may calculate the regional value content on the basis of the following net cost method:

RVC = NC - VNMx 100

NC

4. Each Party shall provide that an exporter or a producer of an automotive good of subheading 8407.31 through 8407.34, heading 87.02, or subheading 8703.10 may calculate the regional value content of the good on the basis of either the transaction value method set out in paragraph 2 or the net cost method set out in paragraph 3.

5. For the purposes of calculating the regional value content of a good under paragraph 2 or 3, the value of non-originating materials used by the producer in the production of a good does not include the value of:

(a) Non-originating material or non-originating intermediate material used to produce originating material that is subsequently used in the production of a good; or

(b) Non-originating material used by another producer to produce an originating material that is subsequently acquired and used in the production of a good.

6. For the purposes of calculating the net cost of a good under paragraph 3, the producer of the good may:

(a)calculate the total cost incurred with respect to all goods produced by that producer, subtract any sales promotion, marketing and after-sales service cost, royalty, shipping and packing cost, and non-allowable interest cost that is included in the total cost of all those goods, and then reasonably allocate the resulting net cost of those goods to the good;

(b) calculate the total cost incurred with respect to all goods produced by that producer, reasonably allocate the total cost to the good, and then subtract any sales promotion, marketing, or after-sales service cost, royalty, shipping and packing cost, and non-allowable interest cost that is included in the portion of the total cost allocated to the good; or

(c) reasonably allocate each cost that forms part of the total cost incurred with respect to the good so that the aggregate of these costs does not include any sales promotion, marketing and after-sales service cost, royalty, shipping and packing cost, or non-allowable interest cost.

7. If a producer calculates the net cost in accordance with paragraph 6, any sales promotion, marketing and after-sales service cost, royalty, shipping and packing cost, and non-allowable interest cost that are included in the value of a material used in the production of the good are not subtracted from the net cost in the calculation under paragraph 3.

8. Except as provided in paragraph 9, the value of a material used in the production of a good:

(a) is the transaction value of the material determined in accordance with Article 1 of the Customs Valuation Agreement;

(b) if there is no transaction value or the transaction value of the material is unacceptable under Article 1 of the Customs Valuation Agreement, is determined in accordance with Articles 2 through 7 of the Customs Valuation Agreement;

(c) if not covered under subparagraph (a) or (b), includes freight, insurance, packing and all other costs incurred in transporting the material to the place of importation; or

(d) in the case of a domestic transaction, is determined in accordance with the principles of the Customs Valuation Agreement in the same manner as an international transaction, with any modifications required by the circumstances.

9. The value of an intermediate material is:

(a) the total cost incurred with respect to all goods produced by the producer of the good that can be reasonably allocated to that intermediate material; or

(b) the sum of all costs that comprise the total cost incurred with respect to that intermediate material that can be reasonably allocated to that intermediate material.

10. The value of an indirect material is based on the Generally Accepted Accounting Principles applicable in the territory of the Party in which the indirect material is used in the production, testing, or inspection of a good, or in the maintenance of buildings or the operation of equipment associated with the production of a good.

Article 4.4. Accumulation

1. For the purposes of determining whether a good is originating, the production of the good in the territory of one or both of the Parties by one or more producers is, at the choice of the exporter or producer of the good, considered to have been performed in the territory of either of the Parties by that exporter or producer, if:

(a) all non-originating material used in the production of the good undergoes an applicable tariff classification change set out in Annex 4.1 and the good satisfies any applicable regional value content requirement entirely in the territory of one or both of the Parties; and

(b) the good satisfies all other applicable requirements of this Chapter.

2. Subject to paragraph 3, if each Party has a trade agreement that establishes or that leads to the establishment of a free trade area or customs union with the same non-Party, as permitted by the WTO Agreement, the territory of that non-Party is deemed to form part of the territory of the free trade area established by this Agreement for the purposes of determining whether a good is originating under this Agreement.

3. A Party shall give effect to paragraph 2 only once provisions with an effect equivalent to paragraph 2 are in force between each Party and the non-Party, and upon agreement by the Parties on whether to limit those provisions to specified goods or under specified conditions.

Article 4.5. De Minimis

1. Except as provided in paragraphs 2 through 4, a good is originating if the value of all non-originating materialused in the production of the good that does not undergo an applicable change in tariff classification, set out in Annex 4.1,does not exceed 10% of the transaction value of the good, calculated in accordance with Article 4.3, provided that:

(a) if the good is subject to a regional value-content requirement, the value of the non-originating material is taken into account in calculating the regional value content of the good; and

(b) the good satisfies all other applicable requirements of this Chapter.

2. Except as provided in Annex 4.1, paragraph 1 does not apply to a non-originating material used in the production of a good of Chapters 1 through 24 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article.

3. A good of Chapters 50 through 60 of the Harmonized System that does not originate because certain non-originating yarn used in the production of the good does not fulfil the requirements set out for that good in Annex 4.1 is nonetheless originating if the total weight of all such yarn does not exceed 10% of the total weight of that good.

4. A good of Chapters 61 through 63 or subheading 9404.90 of the Harmonized System that does not originate because certain non-originating yarn used in the production of the component of the good that determines the tariff classification of that good does not fulfil the requirements set out for that good in Annex 4.1 is nonetheless originating if the total weight of all such yarn in that component does not exceed 10% of the total weight of that component.

Article 4.6. Fungible Goods and Materials

For the purposes of determining whether a good is originating:

(a) if originating and non-originating fungible materials are used in the production of a good, the determination of whether the fungible material is originating need not be made through the identification of any specific fungible material, but may be made in accordance with the Generally Accepted Accounting Principles of the Party in which the production takes place, applied asset out in Annex 4.5; and

(b) if originating and non-originating fungible goods are physically combined or mixed in inventory and, prior to their exportation, do not undergo any production or any other operation in the territory of the Party in which they were physically combined or mixed in inventory, other than unloading, reloading, or any other operation necessary to preserve the goods in good condition or to transport the goods for exportation to the other Party’s territory, the determination of whether the good is originating may be made in accordance with the Generally Accepted Accounting Principles of the Party from which the good is exported, applied as set out in Annex 4.5.

Article 4.7. Sets or Assortments of Goods

Except as provided in Annex 4.1, a set as referred to in Rule 3 of the General Rules for the Interpretation of the Harmonized System, or an assortment of goods is originating if:

(a) all of the component goods in the set or assortment are originating; or

(b) when the set or assortment contains non-originating component goods:

(i) at least one of the component goods is originating, and

(ii) the regional value content of the set or assortment is not less than 50% of the set or assortment’s transaction value.

Article 4.8. Accessories, Spare Parts and Tools

1. An accessory, spare part,or tool delivered with a good that forms part of the good’s standard accessories, spare parts, or tools, is originating if the good is originating.

2. The accessory, spare part, or tool is disregarded in determining whether all non-originating material used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4.1, provided that:

(a) the accessory, spare part,or tool is not invoiced separately from the good, whether or not each is listed or detailed on the invoice; and

(b) the quantity and value of the accessory, spare part, or tool are customary for the good.

Article 4.9. Indirect Materials

An indirect material is originating regardless of where it is produced.

Article 4.10. Packaging Materials and Containers for Retail Sale

If classified with a good, a packaging material or container in which a good is packaged for retail sale is disregarded in determining whether the non-originating material used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4.1.

Article 4.11. Packing Materials and Containers for Shipment

A packing material or container in which a good is packed for shipment is disregarded in determining:

(a) whether the non-originating material used in the production of the good undergoes an applicable change in tariff classification set out in Annex 4.1; and

(b) whether the good satisfies any applicable regional value content requirement.

Article 4.12. Transshipment

An originating good that is exported from a Party maintains its originating status only if the good:

(a) does not undergo further production or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party; and

(b) temains under customs control while outside the territories of the Parties.

Article 4.13. Interpretation and Application

  • Chapter   ONE OBJECTIVES AND INITIAL PROVISIONS 1
  • Article   1.1 Establishment of the Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Relation to Multilateral Environmental Agreements 1
  • Article   1.5 Extent of Obligations 1
  • Article   1.6 Reference to other Agreements 1
  • Chapter   Two GENERAL DEFINITIONS 1
  • Article   2.1 Definitions of General Application 1
  • Article   2.2 Country-Specific Definitions 1
  • Chapter   Three NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   3.1 Scope of Coverage 1
  • Section   A Definitions 1
  • Article   3.2 Definitions 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariffs 2
  • Article   3.4 Tariff Elimination 2
  • Article   3.5 Export Contingent Programs 2
  • Article   3.6 Temporary Admission of Goods 2
  • Article   3.7 Duty-Free Entry of Certain Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Article   3.8 Goods Re-Entered after Repair or Alteration 2
  • Section   D Non-Tariff Measures 2
  • Article   3.9 Import and Export Restrictions 2
  • Article   3.10 Distilled Spirits 2
  • Article   3.11 Export Taxes 2
  • Article   3.12 Customs Fees and Similar Charges 2
  • Article   3.13 Export Subsidies for Agricultural Goods 2
  • Article   3.14 Domestic Support for Agricultural Goods 2
  • Article   3.15 Agricultural Safeguard Measures 2
  • Article   3.16 Administration and Implementation of Tariff Rate Quotas 2
  • Article   3.17 Country of Origin Marking 2
  • Article   3.18 Customs Valuation 2
  • Section   E Institutional Provisions 2
  • Article   3.19 Committee on Trade In Goods and Rules of Origin 2
  • Chapter   Four RULES OF ORIGIN 2
  • Article   4.1 Definitions 2
  • Article   4.2 Originating Goods 3
  • Article   4.3 Regional Value Content 3
  • Article   4.4 Accumulation 3
  • Article   4.5 De Minimis 3
  • Article   4.6 Fungible Goods and Materials 3
  • Article   4.7 Sets or Assortments of Goods 3
  • Article   4.8 Accessories, Spare Parts and Tools 3
  • Article   4.9 Indirect Materials 3
  • Article   4.10 Packaging Materials and Containers for Retail Sale 3
  • Article   4.11 Packing Materials and Containers for Shipment 3
  • Article   4.12 Transshipment 3
  • Article   4.13 Interpretation and Application 4
  • Article   4.14 Discussions and Modifications 4
  • Chapter   Five CUSTOMS PROCEDURES 4
  • Section   A Definitions 4
  • Article   5.1 Definitions 4
  • Section   B Certification of Origin 4
  • Article   5.2 Certificate of Origin 4
  • Article   5.3 Obligations Regarding Importations 4
  • Article   5.4 Exceptions 4
  • Article   5.5 Obligations Regarding Exportations 4
  • Section   C Administration and Enforcement 4
  • Article   5.6 Records 4
  • Article   5.7 Origin Verifications 4
  • Article   5.8 Confidentiality 4
  • Article   5.9 Penalties 4
  • Section   D Advance Rulings 4
  • Article   5.10 Advance Rulings 4
  • Section   E Review and Appeal of Advance Rulings and Origin Determinations 5
  • Article   5.11 Review and Appeal 5
  • Section   F Uniform Regulations 5
  • Article   5.12 Uniform Regulations 5
  • Section   G Cooperation 5
  • Article   5.13 Cooperation 5
  • Article   5.14 The Customs Procedures Sub-Committee 5
  • Chapter   Six TRADE FACILITATION 5
  • Article   6.1 Objectives and Principles 5
  • Article   6.2 Specific Obligations 5
  • Article   6.3 Cooperation 5
  • Article   6.4 Future Work Program 5
  • Chapter   Seven SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   7.1 Objectives 5
  • Article   7.2 Scope 5
  • Article   7.3 Committee on Sanitary and Phytosanitary Measures 5
  • Chapter   Eight TECHNICAL BARRIERS TO TRADE 6
  • Article   8.1 Objectives 6
  • Article   8.2 Affirmation of the TBT Agreement 6
  • Article   8.3 Scope 6
  • Article   8.4 Cooperation 6
  • Chapter   Nine EMERGENCY ACTION 6
  • Article   9.1 Definitions 6
  • Article   9.2 Global Safeguard Measures 6
  • Article   9.3 Bilateral Emergency Actions 6
  • Article   9.4 Administration of Emergency Action Proceedings 6
  • Article   9.5 Relation to Textile and Apparel Annex 6
  • Chapter   Ten Investment 6
  • Section   A Definitions 6
  • Article   10.1 Definitions 6
  • Section   B Investment 6
  • Article   10.2 Scope and Coverage 6
  • Article   10.3 Relation to other Chapters 6
  • Article   10.4 National Treatment 6
  • Article   10.5 Most-Favoured-Nation Treatment 6
  • Article   10.6 Minimum Standard of Treatment 6
  • Article   10.7 Performance Requirements 6
  • Article   10.8 Senior Management and Boards of Directors 7
  • Article   10.9 Reservations and Exceptions 7
  • Article   10.10 Transfers 7
  • Article   10.11 Expropriation 7
  • Article   10.12 Compensation for Losses 7
  • Article   10.13 Special Formalities and Information Requirements 7
  • Article   10.14 Denial of Benefits 7
  • Article   10.15 Health, Safety and Environmental Measures 7
  • Article   10.16 Corporate Social Responsibility 7
  • Article   10.17 Subrogation 7
  • Section   C Settlement of Disputes between a Party and an Investor of the other Party 7
  • Article   10.18 Purpose 7
  • Article   10.19 Claim by an Investor of a Party on Its Own Behalf 7
  • Article   10.20 Claim by an Investor of a Party on Behalf of an Enterprise 7
  • Article   10.21 Notice of Intent to Submit a Claim to Arbitration 7
  • Article   10.22 Settlement of a Claim Through Consultation 7
  • Article   10.23 Submission of a Claim to Arbitration 7
  • Article   10.24 Conditions Precedent to Submission of a Claim to Arbitration 7
  • Article   10.25 Consent to Arbitration 7
  • Article   10.26 Arbitrators 7
  • Article   10.27 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 8
  • Article   10.28 Decision to Appoint Arbitrators 8
  • Article   10.29 Consolidation 8
  • Article   10.30 Notice to the Non-Disputing Party 8
  • Article   10.31 Participation of the Non-Disputing Party 8
  • Article   10.32 Documents 8
  • Article   10.33 Place of Arbitration 8
  • Article   10.34 Preliminary Objections to Jurisdiction or Admissibility 8
  • Article   10.35 Public Access to Hearings and Documents 8
  • Article   10.36 Submission by a Non-Disputing Party 8
  • Article   10.37 Governing Law 8
  • Article   10.38 Interpretation of Annexes 8
  • Article   10.39 Expert Reports 8
  • Article   10.40 Interim Measures of Protection 8
  • Article   10.41 Final Award 8
  • Article   10.42 Finality and Enforcement of an Award 8
  • Article   10.43 General 8
  • Annex 10.11  Indirect Expropriation 8
  • Annex 10.23  Submission of a Claim to Arbitration 8
  • Annex 10.24  Standard Waiver and Consent in Accordance with Article 10.24 8
  • Annex 10.29  Consolidation 9
  • Annex 10.36  Submission by a Non-Disputing Party 9
  • Annex 10.44  Exclusions from Dispute Settlement 9
  • Chapter   Eleven CROSS-BORDER TRADE IN SERVICES 9
  • Article   11.1 Definitions 9
  • Article   11.2 Scope and Coverage 9
  • Article   11.3 National Treatment 9
  • Article   11.4 Most-Favoured-Nation Treatment 9
  • Article   11.5 Local Presence 9
  • Article   11.6 Market Access 9
  • Article   11.7 Reservations 9
  • Article   11.8 Domestic Regulation 9
  • Article   11.9 Recognition 9
  • Article   11.10 Denial of Benefits 9
  • Article   11.11 Temporary Licensing  9
  • Chapter   Twelve TELECOMMUNICATIONS 9
  • Article   12.1 Definitions 9
  • Article   12.2 Scope and Coverage 10
  • Article   12.3 Access to and Use of a Public Telecommunications Network or Service 10
  • Article   12.4 Obligations Relating to Major Providers of Public Telecommunications Services 10
  • Article   12.5 Independent Regulatory Bodies 10
  • Article   12.6 Universal Service 10
  • Article   12.7 Licenses and other Authorizations 10
  • Article   12.8 Allocation and Use of Scarce Resources 10
  • Article   12.9 Enforcement 10
  • Article   12.10 Resolution of Domestic Telecommunications Disputes 10
  • Article   12.11 Transparency 10
  • Article   12.12 Forbearance 10
  • Article   12.13 Relationship to other Chapters 10
  • Article   12.14 International Standards and Organizations 10
  • Chapter   Thirteen FINANCIAL SERVICES 10
  • Article   13.1 Definitions 10
  • Article   13.2 Scope and Coverage 11
  • Article   13.3 National Treatment 11
  • Article   13.4 Most-Favoured-Nation Treatment 11
  • Article   13.5 Right of Establishment 11
  • Article   13.6 Cross-Border Trade 11
  • Article   13.7 New Financial Services 11
  • Article   13.8 Senior Management and Boards of Directors 11
  • Article   13.9 Non-Conforming Measures 11
  • Article   13.10 Exceptions 11
  • Article   13.11 Transparency 11
  • Article   13.12 Treatment of Certain Information 11
  • Article   13.13 Self-Regulatory Organizations 11
  • Article   13.14 Payment and Clearing Systems 11
  • Article   13.15 Financial Services Committee 11
  • Article   13.16 Consultations 11
  • Article   13.17 Dispute Settlement 11
  • Article   13.18 Investment Disputes In Financial Services 11
  • Chapter   Fourteen TEMPORARY ENTRY FOR BUSINESS PERSONS 12
  • Article   14 Definitions 12
  • Article   14.2 Obligations 12
  • Chapter   Fifteen COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 12
  • Article   15.1 Definitions 12
  • Article   15.2 Competition Policy 12
  • Article   15.3 Monopolies 12
  • Article   15.4 State Enterprises 12
  • Article   15.5 Interpretation and Application 12
  • Article   15.6 Dispute Settlement 12
  • Annex 15.4  Country-Specific Definitions of State Enterprise 12
  • Chapter   Sixteen ELECTRONIC COMMERCE 12
  • Article   16.1 Definitions 12
  • Article   16.2 General Provisions 12
  • Article   16.3 Customs Duties on Digital Products Transmitted Electronically 12
  • Article   16.4 Consumer Protection 12
  • Article   16.5 Cooperation 12
  • Article   16.6 Transparency 12
  • Article   16.7 Relation to other Chapters 12
  • Chapter   Seventeen GOVERNMENT PROCUREMENT 12
  • Article   17.1 Definitions 12
  • Article   17.2 Scope and Coverage 12
  • Article   17.3 Security and General Exceptions 12
  • Article   17.4 General Principles 12
  • Article   17.5 Information on the Procurement Process 13
  • Article   17.6 Publication of Notices 13
  • Article   17.7 Conditions for Participation 13
  • Article   17.8 Technical Specifications 13
  • Article   17.9 Tender Documentation 13
  • Article   17.10 Time Limits for the Submission of Tenders 13
  • Article   17.11 Limited Tendering 13
  • Article   17.12 Awarding of Contracts 13
  • Article   17.13 Information on Awarded Contracts 13
  • Article   17.14 Non-Disclosure of Information 13
  • Article   17.15 Domestic Review Procedures 13
  • Article   17.16 Modifications and Rectifications to Coverage 13
  • Article   17.17 Updating Provision 13
  • Chapter   Eighteen ENVIRONMENT 13
  • Article   18.1 Affirmations 13
  • Article   18.2 Agreement on Environmental Cooperation 13
  • Article   18.3 Relationship between this Agreement and the Agreement on Environmental Cooperation 14
  • Chapter   Nineteen LABOUR 14
  • Article   19.1 Affirmations 14
  • Article   19.2 Objectives 14
  • Article   19.3 Obligations 14
  • Article   19.4 Cooperative Activities 14
  • Chapter   Twenty TRANSPARENCY 14
  • Section   A Publication, Notification and Administration of Domestic Law 14
  • Article   20.1 Definitions 14
  • Article   20.2 Contact Points 14
  • Article   20.3 Publication 14
  • Article   20.4 Notification and Provision of Information 14
  • Article   20.5 Administrative Proceedings 14
  • Article   20.6 Review and Appeal 14
  • Section   B Anti-Corruption 14
  • Article   20.7 Definitions 14
  • Article   20.8 Statement of Principles 14
  • Article   20.9 Anti-Corruption Measures 14
  • Article   20.10 Cooperation In International Fora 14
  • Chapter   Twenty-One INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES 14
  • Section   A Institutions 14
  • Article   21.1 Free Trade Commission 14
  • Article   21.2 Free Trade Coordinators 14
  • Article   21.3 Secretariat 14
  • Section   B Dispute Settlement 14
  • Article   21.4 Definitions 14
  • Article   21.5 Cooperation 14
  • Article   21.6 Sphere of Application 14
  • Article   21.7 Choice of Forum 15
  • Article   21.8 Consultations 15
  • Article   21.9 Good Offices, Conciliation and Mediation 15
  • Article   21.10 Establishment of a Panel 15
  • Article   21.11 Panel Composition 15
  • Article   21.12 Qualifications of Panel Members 15
  • Article   21.13 Rules of Procedure 15
  • Article   21.14 Terms of Reference of the Panel 15
  • Article   21.15 Function of Experts 15
  • Article   21.16 Panel Reports 15
  • Article   21.17 Implementation of the Final Report 15
  • Article   21.18 Compensation and Suspension of Benefits 15
  • Article   21.19 Modification of Time Periods 15
  • Section   C Domestic Proceedings and Private Commercial Dispute Settlement 15
  • Article   21.20 Referral of a Matter from a Judicial or Administrative Proceeding 15
  • Article   21.22 Alternative Dispute Resolution 15
  • Annex 21.1  Implementation of Revisions or Modifications Approved by the Commission 15
  • Annex 21.3  Remuneration and Payment of Expenses 15
  • Annex 21.6  Nullification or Impairment 15
  • Chapter   Twenty-Two EXCEPTIONS 16
  • Article   22.1 Definitions 16
  • Article   22.2 General Exceptions 16
  • Article   22.3 National Security 16
  • Article   22.4 Taxation 16
  • Article   22.5 Balance of Payments 16
  • Article   22.6 Disclosure of Information 16
  • Article   22.7 Cultural Industries 16
  • Article   22.8 World Trade Organization Waivers 16
  • Chapter   Twenty-Three FINAL PROVISIONS 16
  • Article   23.1 Annexes, Appendices and Footnotes 16
  • Article   23.2 Amendments 16
  • Article   23.3 Reservations 16
  • Article   23.4 Entry Into Force 16
  • Article   23.5 Termination 16
  • Article   23.6 Accession 16
  • Article   23.7 Authentic Texts 16
  • Anex I  Schedule of Canada 16
  • Annex I  Schedule of Honduras 19
  • Annex II  Schedule of Canada 22
  • Annex II  Schedule of Honduras 24