Central America - Mexico FTA (2011)
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8. Notwithstanding the provisions of paragraph 1, in order to deal with bilateral matters of interest to Mexico and one or more Central American States, the Administrative Commission may meet and adopt decisions when officials of those Parties are in attendance, provided that the other Parties are notified sufficiently in advance so that they may participate in the meeting.

9. A decision taken by the Administrative Commission under paragraph 8 shall have effect with respect to the Parties that have taken the decision.

Article 19.2. Free Trade Agreement Coordinators

1. Each Party shall designate a Free Trade Agreement Coordinator, in accordance with Annex 19.2 (Free Trade Agreement Coordinators).

2. The Coordinators will give appropriate follow-up to the decisions of the Administrative Commission and will work together in the development of agendas, as well as other preparations for the meetings of the Administrative Commission.

3. The Coordinators shall meet whenever necessary, in person or through any technological means, at the instruction of the Administrative Commission or at the request of any of the Parties.

Article 19.3. Administration of Dispute Resolution Proceedings Dispute Resolution

1. Each Party shall:

(a) designate a permanent office to provide administrative support to the arbitration panels contemplated in Chapter XVII (Dispute Settlement) and perform other functions at the direction of the Administrative Commission; and

(b) notify the Administrative Commission of the address of its designated office and the officer in charge of its administration.

2. Each Party shall be responsible for:

(a) the operation and costs of its designated office; and

(b) the remuneration and expenses payable to panelists, their assistants and appointed experts, in accordance with Chapter XVII (Dispute Settlement) and as set out in Annex 19.3.

Designated offices:

(a) if required, shall provide assistance to the Administrative Commission in accordance with the provisions of Chapter XVII (Dispute Settlement);

(b) on instructions from the Administrative Commission, support the work of the working groups or expert groups established in accordance with the provisions of Chapter XVII (Dispute Settlement); and

(c) perform such other duties as may be entrusted to them by the Administrative Commission.

Chapter XX. Exceptions

Article 20.1. Definitions

For the purposes of this Chapter, the following definitions shall apply:

tax treaty: a convention for the avoidance of double taxation or other international tax treaty or arrangement;

tax measures do not include:

(a) a "customs duty" as defined in Article 2.1 (Definitions of General Application); or

(b) the measures listed in subparagraphs (b), (c) and (d) of the definition of "customs tariff".

Article 20.2. General Exceptions

1. For purposes of Chapters Ill (National Treatment and Market Access for Goods); IV (Rules of Origin); V (Customs Procedures Relating to the Origin of Goods); VI (Trade Facilitation); VIIl (Sanitary and Phytosanitary Measures); and IX (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative notes are incorporated into and form an integral part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.

2. For the purposes of Chapters XII (Cross-Border Trade in Services); XIll (Telecommunications Services); and XV (Electronic Commerce) (1), Article XIV of the GATS (including the footnotes) is incorporated into and made an integral part of this Agreement, mutatis mutandis. Tne Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health.

(1) This Article applies without prejudice to the classification of digital products as either goods or services.

Article 20.3. National Security

Nothing in this Agreement shall be construed to mean:

(a) compel a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or

(b) prevent a Party from taking any measure it considers necessary to protect its essential security interests:

(i) relating to trade in armaments, munitions and war materiel and to trade and transactions in goods, materials, services and technology carried out for the direct or indirect purpose of supplying a military institution or other defense establishment;

(ii) adopted in time of war or other emergency in international relations; or

(iii) concerning the implementation of national policies or international agreements on the non-proliferation of nuclear weapons or other nuclear explosive devices; or

(c) prevent a Party from taking action in accordance with its obligations under the United Nations Charter for the Maintenance of International Peace and Security.

Article 20.4. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or give access to information the disclosure of which would impede compliance with, or be contrary to its Constitution or laws, or which would be contrary to the public interest, or which would prejudice the legitimate commercial interest of particular enterprises, whether public or private.

Article 20.5. Taxation

1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such treaty, the treaty shall prevail to the extent of the inconsistency. In the case of a tax treaty between two Parties, the competent authorities under that treaty shall have sole responsibility for determining whether there is any inconsistency between this Agreement and that treaty.

3. Notwithstanding the provisions of paragraph 2:

(a) Article 3.3 (National Treatment) and such other provisions in this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as Article Ill of GATT 1994; and

(b) Article 3.14 (Export Taxes) shall apply to tax measures.

4. Articles 11.11 (Expropriation and Compensation) and 11.20 (Submission of a Claim to Arbitration) shall apply to taxation measures that are claimed to be expropriatory, except that no investor may invoke Article 11.11 (Expropriation and Compensation) as a basis for a claim where it has been determined pursuant to this paragraph that the measure does not constitute an expropriation. An investor seeking to invoke Article 11.11 (Expropriation and Compensation) with respect to a taxation measure shall first submit the matter at the time of delivery of the written notice referred to in Article 11.20 (Submission of a Claim to Arbitration) to the competent authorities of the claimant and respondent set out in Annex 20.5 for those authorities to determine whether the measure does not constitute an expropriation. If the competent authorities do not agree to examine the matter or, having agreed to examine the matter, do not agree that the measure does not constitute an expropriation, within 6 months after the matter has been submitted to them, the investor may submit a claim to arbitration in accordance with Article 11.20 (Submission of a Claim to Arbitration).

Article 20.6. Balance of Payments

1. A Party may adopt or maintain temporary and non-discriminatory restrictions to protect the balance of payments when:

(a) there is serious economic and financial disruption or threat thereof in the territory of the Party, which cannot be adequately addressed by any alternative measure; or

(b) the balance of payments, including the state of its monetary reserves, is seriously threatened or faces serious difficulties.

The measures adopted shall be for as long as the events described in the preceding paragraphs persist.

2. The measures referred to in paragraph 1 shall be taken in accordance with GATT 1994, including the Declaration on Trade Measures Taken for Balance of Payments Purposes of 1979, the Understanding on the Balance of Payments Provisions of the General Agreement on Tariffs and Trade 1994, the GATS and the Articles of Agreement of the International Monetary Fund.

3. Without prejudice to the obligations under the legal instruments referred to in paragraph 2, the Party adopting or maintaining measures in accordance with paragraph 1 shall notify the other Party as soon as possible, through the Administrative Commission:

(a) the nature and extent of the serious threats to its balance of payments or the serious difficulties it faces;

(b) the economic and foreign trade situation of the Party;

(c) the alternative measures you have available to correct the problem; the economic policies it adopts to address the problems mentioned in paragraph 1, as well as the direct relationship between such policies

(d) and the solution thereof; and

(e) the evolution of the events that gave rise to the adoption of the measure.

Chapter XXI. Final Provisions

Article 21.1. Annexes, Appendices and Footnotes

The annexes, appendices and footnotes to this Agreement constitute an integral part of this Agreement.

Article 21.2. Entry Into Force

1. This Agreement shall be of indefinite duration and shall enter into force between Mexico and each Central American State 30 days after the date on which they respectively notify each other in writing that their respective internal legal procedures for the entry into force of this instrument have been completed, unless the Parties agree to a different term.

2. The Parties agree that the treaties referred to in Article 21.7 shall continue to apply between Mexico and those States for which this Agreement has not entered into force.

3. The Administrative Commission established in Article 19.1 (Administrative Commission) shall become operative and may adopt decisions at the time this Agreement enters into force for Mexico and the other Party. (1)

(1) The provisions of this paragraph shall be applicable to the Working Groups and Committees of this Treaty.

Article 21.3. Reservations and Interpretative Statements

This Treaty may not be the subject of reservations or interpretative declarations.

Article 21.4. Amendments

1. The Parties may agree to any amendment to this Agreement.

2. The amendment shall enter into force, and shall constitute an integral part of this Agreement, 30 days after the date on which the Parties have notified each other in writing that their respective internal legal procedures for its entry into force have been completed or on such other date as the Parties may agree.

Article 21.5. Accession

1. Any State may accede to this Treaty subject to the terms and conditions agreed between that State and the Administrative Commission.

2. The accession shall enter into force 30 days after the date on which all the Parties and the acceding State have notified each other in writing that their respective internal legal procedures for its entry into force have been completed or on such other date as the Parties may agree.

Article 21.6. Complaint

1. Any Party may denounce this Agreement. However, this Agreement shall remain in force for the other Parties.

2. The denunciation shall take effect 180 days after it is communicated in writing to the other Party, without prejudice to the possibility that the Parties may agree on a different period. The denouncing Party shall communicate such denunciation to the other Parties.

Article 21.7. Termination of Free Trade Agreements

1. Upon the entry into force of this Agreement between Mexico and Costa Rica, the Free Trade Agreement between the United Mexican States and the Republic of Costa Rica, signed on April 5, 1994, as well as the annexes, appendices, protocols and decisions that have been subscribed pursuant to that Agreement, shall be null and void.

2. Upon the entry into force of this Agreement between Mexico and El Salvador, the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, signed on June 29, 2000, as well as the annexes, appendices, protocols and decisions that have been subscribed pursuant to that Agreement, shall be without effect.

3. Upon the entry into force of this Agreement between Mexico and Guatemala, the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, signed on June 29, 2000, as well as the annexes, appendices, protocols and decisions that have been subscribed pursuant to that Agreement, shall be without effect.

4. Upon the entry into force of this Agreement between Mexico and Honduras, the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, signed on June 29, 2000, as well as the annexes, appendices, protocols and decisions that have been subscribed in accordance with that Agreement, shall be null and void.

5. Upon the entry into force of this Agreement between Mexico and Nicaragua, the Free Trade Agreement between the Government of the United Mexican States and the Government of the Republic of Nicaragua, signed on December 18, 1997, as well as the annexes, appendices, protocols and decisions that have been subscribed in accordance with that Agreement, shall be without effect.

Article 21.8. Transitory Provisions

Notwithstanding the provisions of Article 21.7:

(a) Chapter XI (Financial Services) of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, and Chapter XIII (Financial Services) of the Free Trade Agreement between the Government of the United Mexican States and the Government of the Republic of Nicaragua, shall remain in force until such time as common disciplines on financial services are agreed to be negotiated under this Agreement.

For greater certainty, Annex 11-15 (Reservations and Specific Commitments) of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras shall remain in force for Guatemala and Mexico until the reservations and specific commitments referred to in Article 11-15.1 of that agreement are negotiated and established.

The provisions of the other chapters of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, and of the Free Trade Agreement between the Government of the United Mexican States and the Government of the Republic of Nicaragua, including, among others, those relating to the settlement of disputes between a Party and an investor of another Party (2) and those relating to the settlement of disputes under those treaties (3) , shall continue to apply only to the extent that Chapter XI (Financial Services) and Chapter XIll (Financial Services) so refer to them and only for the purposes of the aforementioned chapters; (4)

(b) the preferential tariff treatment granted pursuant to the treaties referred to in that Article shall remain in effect for 45 days following the date of entry into force of this Agreement, for those importers who so request and who use the certificates of origin issued pursuant to the relevant treaty referred to in Article 21.7, provided that they were issued prior to the date of entry into force of this Agreement and are valid;

(c) the Parties may use the lists adopted pursuant to Article 17-08 of the Free Trade Agreement between the United Mexican States and the Republic of Costa Rica; Article 20-08 of the Free Trade Agreement between the Government of the United Mexican States and the Government of the Republic of Nicaragua, and Article 19-08 of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, even if such lists have not been modified. For this purpose, the Parties shall take into account the decisions existing at the entry into force of this Agreement; and

(d) Article 8-03 of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras, as well as those other provisions of that agreement necessary for the implementation thereof, shall remain in force until the expiration of the term set forth in paragraph 1(a) of that Article.

(2) These provisions are set forth in: (a) Section B (Dispute Settlement between a Party and an Investor of another Party) of Chapter XIV (Investment) of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras; and (b) Section B (Dispute Settlement between a Party and an Investor of the other Party) of Chapter XVI (Investment) of the Free Trade Agreement between the Govemment of the United Mexican States and the Govemment of the Republic of Nicaragua.
(3) These provisions are set forth in: (a) Chapter XIX (Dispute Settlement) of the Free Trade Agreement between the United Mexican States and the Republics of El Salvador, Guatemala and Honduras; and (b) Chapter XX (Dispute Settlement) of the Free Trade Agreement between the Government of the United Mexican States and the Government of the Republic of Nicaragua.
(4) For greater certainty, Section C (Dispute Settlement between a Party and an Investor of the other Party) of Chapter Eleven (Investment) and Chapter Seventeen (Dispute Settlement) of this Agreement shall not apply to Chapter Thirteen (Financial Services) and Chapter XI (Financial Services) of the treaties referred to in the first sentence of paragraph 1(d).

Conclusion

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective governments, have signed this Treaty in San Salvador, El Salvador, on the twenty- second day of November, two thousand and eleven, in six original copies, all of which are equally authentic.

For the United Mexican States

Bruno Francisco Ferrari Garcia de Alba

Secretary of Economy

For the Republic of Costa Rica

Anabel Gonzalez Campabadal

Minister of Foreign Trade

For the Republic of El Salvador

Héctor Miguel Antonio Dada Hirezi

Minister of Economy

For the Republic of Guatemala

Raul Trejo Esquivel

Vice Minister of Integration and Foreign Trade

For the Republic of Honduras

José Francisco Zelaya

Secretary of State in the Offices of Industry and Commerce

For the Republic of Nicaragua

Orlando Solórzano Delgadillo

Minister of Development, Industry and Commerce

Attachments

Annex I. Non-conforming Measures

Explanatory Notes

1. A Party's Schedule sets out, in accordance with Articles 11.9 (Reservations and Exceptions) and 12.7 (Reservations and Exceptions), a Party's reservations, in relation to existing measures that are inconsistent with the obligations established by:

(a) Articles 11.4 or 12.4 (National Treatment);

(b) Articles 11.5 or 12.3 (Most-Favored-Nation Treatment);

(c) Article 12.5 (Local Presence);

(d) Article 12.6 (Market Access);

(e) Article 11.7 (Performance Requirements); or

(f) Article 11.8 (Senior Management and Boards of Directors).

2. Each reservation in the Party List contains the following elements:

(a) Sector refers to the general sector for which the reservation has been made;

(b) Subsector refers to the specific sector for which the reservation has been made;

(c) Industrial Classification refers, where applicable, to the activity covered by the reservation, in accordance with national industrial classification codes;

(d) Obligations Affected specifies the obligation or obligations referred to in paragraph 1 on which the reservation has been made;

(e) Level of Government indicates the level of government that maintains the measure(s) for which the reservation has been made;

(f) Measures identifies the laws, regulations or other measures, as qualified, where indicated, by the element Description, in respect of which the reservation has been made. A measure mentioned in the Measures element:

(i) means the measure as modified, continued or renewed, as of the date of entry into force of this Agreement; and

(ii) includes any action subordinate to, adopted or maintained under the authority of, and consistent with, such action; and

(g) Description sets out the liberalization commitments, where these have been made, as of the entry into force of this Agreement and, with respect to the obligations referred to in paragraph 1, the remaining non- conforming aspects of the existing measures on which the reservation has been made.

3. In interpreting a reservation to the List, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant provisions of the Chapter or Chapters in respect of which the reservation has been made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment in the Description element, the Measures element, as qualified, shall prevail over all other elements; and

(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements, considered as a whole, is so substantial and significant that it would be reasonable to conclude that the Measures element should prevail; in which case, the other elements shall prevail to the extent of that discrepancy.

4. Pursuant to Articles 11.9 (Reservations and Exceptions) and 12.7 (Reservations and Exceptions), the Articles of this Treaty specified in the Affected Obligations element of a reservation do not apply to the non-conforming aspects of the measures identified in the Measures element of that reservation.

5. Where a Party maintains a measure requiring a service supplier to be a national, permanent resident, or resident in its territory of that Party as a condition for the supply of a service in its territory, wnen making a reservation on a measure in relation to Articles 12.4 (National Treatment), 12.3 (Most-Favored-Nation Treatment), 12.5 (Local Presence), shall operate as a reservation in relation to Articles 11.4 (National Treatment), 11.5 (Most-Favored- Nation Treatment), 11.7 (Performance Requirements), insofar as such measure is concerned.

6. For greater certainty, Article 12.6 (Market Access) refers to non-discriminatory measures.

7. For purposes of determining the percentage of foreign investment in economic activities subject to the maximum percentages of foreign equity participation, as indicated in Mexico's Schedule, indirect foreign investment carried out in such activities through Mexican enterprises with majority Mexican capital will not be taken into account, provided that such enterprises are not controlled by the foreign investment.

8. For the purposes of Mexico's Schedule, the following definitions shall apply:

foreigner exclusion clause: the express provision contained in the bylaws of a company, which establishes that foreigners will not be allowed, directly or indirectly, to be partners or shareholders of the company;

CMAP: the digits of the Mexican Classification of Activities and Products, as established by the National Institute of Statistics, Geography and Informatics, Mexican Product Classification, 1994; and

concession: an authorization granted by Mexico to a person to exploit natural

resources or provide a service, for which Mexican nationals and Mexican companies will be preferred over foreigners under equal circumstances.

  • Chapter   I Initial Provisions 1
  • Article   1.1 Establishment of the Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relationship to other International Treaties 1
  • Article   1.4 Scope of Application 1
  • Article   1.5 Enforcement of the Treaty 1
  • Chapter   II General Definitions 1
  • Article   2.1 Definitions of General Application 1
  • Chapter   III National Treatment and Market Access of Goods 1
  • Article   3.1 Definitions 1
  • Section   A Trade In Goods 1
  • Article   3.2 Scope of Application 1
  • Article   3.3 National Treatment 1
  • Article   3.4 Tariff Treatment 1
  • Article   3.5 Customs Duty Drawback Programs on Exported Goods, Customs Duty Deferral Programs, and Customs Duty Exemption Programs Applied to Exported Goods 1
  • Article   3.6 Temporary Importation of Goods 1
  • Article   3.7 Duty-Free Importation for Samples of No Commercial Value 2
  • Article   3.8 Customs Valuation 2
  • Article   3.9 Import and Export Restrictions 2
  • Article   3.10 Registration of Importers 2
  • Article   3.11 Customs Measures 2
  • Article   3.13 Customs Processing Fees 2
  • Article   3.14 Export Taxes 2
  • Article   3.15 Country of Origin Marking 2
  • Article   3.17 Consular Transactions or Requirements 2
  • Section   B Trade In Agricultural Commodities 2
  • Article   3.18 Scope of Application 2
  • Article   3.19 Domestic Support 2
  • Article   3.20 Domestic Food Aid 2
  • Article   3.21 Export Subsidies 2
  • Article   3.22 Agricultural Special Safeguard 2
  • Section   C General Provisions 2
  • Article   3.23 Publication and Notification 2
  • Article   3.24 Committee on Trade In Goods 2
  • Chapter   IV Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Instruments for Application and Interpretation 3
  • Article   4.3 Originating Goods 3
  • Article   4.4 Regional Content Value 3
  • Article   4.5 Value of Materials 3
  • Article   4.6 De Minimis 3
  • Article   4.7 Intermediate Materials 3
  • Article   4.8 Accumulation 3
  • Article   4.9 Extended Accumulation of Origin 3
  • Article   4.10 Goods and Fungible Materials 3
  • Article   4.11 Sets or Assortments 3
  • Article   4.12 Indirect Materials 3
  • Article   4.13 Accessories, Spare Parts and Tools 3
  • Article   4.14 Retail Containers and Packaging Materials 3
  • Article   4.15 Containers and Packing Materials for Shipment 3
  • Article   4.16 Automotive Industry Goods 3
  • Article   4.17 Non-Originating Transactions and Practices 4
  • Article   4.18 Transshipment and Direct Shipment 4
  • Article   4.19 Regional Input Integration Committee 4
  • Article   4.20 Functions of CIRI 4
  • Article   4.21 Procedure 4
  • Article   4.22 Deadlines, CIRI's Opinion and Notification 4
  • Article   4.23 Resolution of the Administrative Committee 4
  • Article   4.24 Referral to the Administrative Commission 4
  • Article   4.25 Operating Regulations 4
  • Article   4.26 Transitional Provisions for the Effects of Cumulation of Article 4.8 4
  • Chapter   V Customs Procedures Relating to the Origin of Goods 4
  • Article   5.1 Definitions 4
  • Article   5.2 Declaration and Certification of Origin 4
  • Article   5.3 Obligations with Respect to Imports 4
  • Article   5.4 Obligations with Respect to Exports 4
  • Article   5.5 Exceptions 4
  • Article   5.6 Accounting Records 4
  • Article   5.7 Procedures for Verification of Origin 4
  • Article   5.8 Consularization 5
  • Article   5.9 Confidentiality 5
  • Article   5.10 Sanctions 5
  • Article   5.11 Anticipated Criteria 5
  • Article   5.12 Review and Challenge 5
  • Article   5.13 Invoicing by a Third Country 5
  • Article   5.14 Committee on Origin, Customs Procedures Relating to the Origin of Goods and Trade Facilitation 5
  • Article   5.15 Uniform Regulations 5
  • Chapter   VI Trade Facilitation 5
  • Article   6.1 Definitions 5
  • Article   6.2 Publication 5
  • Article   6.3 Dispatch of Goods 5
  • Article   6.4 Risk Management 5
  • Article   6.5 Automation  5
  • Article   6.6 Cooperation 5
  • Article   6.7 Confidentiality 5
  • Article   6.8 Expedited Delivery Shipments 6
  • Article   6.9 Means of Challenge 6
  • Article   6.10 Sanctions 6
  • Article   6.11 Authorized Economic Operators 6
  • Article   6.12 Single Window for Foreign Trade 6
  • Chapter   VII Trade Defense 6
  • Section   A Bilateral Safeguards Measures 6
  • Article   7.1 Definitions 6
  • Article   7.2 Imposition of a Bilateral Safeguard Measure 6
  • Article   7.3 Investigation Procedures and Transparency Requirements 6
  • Article   7.4 Provisional Bilateral Safeguard Measures 6
  • Article   7.5 Notification and Consultation 6
  • Article   7.6 Compensation 6
  • Section   B Global Safeguarding Measures 6
  • Article   7.7 Global Safeguarding Measures 6
  • Section   C Antidumping and Countervailing Measures 6
  • Article   7.8 Antidumping and Countervailing Measures 6
  • Section   D Cooperation between the Parties 6
  • Article   7.9 Cooperation 6
  • Chapter   VIII Sanitary and Phytosanitary Measures 6
  • Article   8.1 Definitions 6
  • Article   8.2 Objectives 6
  • Article   8.3 Incorporation of Rights and Obligations 6
  • Article   8.4 Scope of Application 6
  • Article   8.5 Rights and Obligations 6
  • Article   8.6 Equivalence 6
  • Article   8.7 Risk Assessment and Appropriate Level of SPS Protection 6
  • Article   8.8 Recognition of Pest or Disease Free Areas or Zones and Areas or Zones of Low Prevalence of Pests or Diseases 6
  • Article   8.9 Control, Inspection and Approval Procedures 6
  • Article   8.10 Transparency 6
  • Article   8.11 Emergency Measures 6
  • Article   8.12 Regulatory Cooperation 6
  • Article   8.13 Technical Cooperation 7
  • Article   8.14 Committee on Sanitary and Phytosanitary Measures 7
  • Article   8.15 Technical Consultations 7
  • Chapter   IX Technical Barriers to Trade 7
  • Article   9.1 Definitions 7
  • Article   9.2 Objective 7
  • Article   9.3 Incorporation of Rights and Obligations 7
  • Article   9.4 Rights and Obligations 7
  • Article   9.5 Scope of Application 7
  • Article   9.6 Standards 7
  • Article   9.7 Technical Regulations 7
  • Article   9.8 Conformity Assessment 7
  • Article   9.9 Transparency 7
  • Article   9.10 Regulatory Cooperation 7
  • Article   9.11 Technical Cooperation 7
  • Article   9.12 Committee on Technical Barriers to Trade 7
  • Article   9.13 Technical Consultation 7
  • Article   9.14 Exchange of Information 7
  • Chapter   X Public Procurement 7
  • Article   10.1 Definitions 7
  • Article   10.2 Scope of Application and Coverage 7
  • Article   10.3 National Treatment 7
  • Article   10.4 Rules of Origin 8
  • Article   10.5 Denial of Benefits 8
  • Article   10.6 Special Compensatory Conditions 8
  • Article   10.7 Valuation of Contracts 8
  • Article   10.8 Publication of Notices of Future Procurement 8
  • Article   10.9 Deadlines for Bid Submission and Delivery 8
  • Article   10.10 Procurement Documents 8
  • Article   10.11 Technical Specifications 8
  • Article   10.12 Requirements and Conditions for Participation In Procurements 8
  • Article   10.13 Contracting Procedures 8
  • Article   10.14 Award of Contracts 8
  • Article   10.15 Information on the Award of Contracts 8
  • Article   10.16 Assurance of Integrity In Contracting Practices 8
  • Article   10.17 National Review of Supplier Challenges 8
  • Article   10.18 Provision of Information  8
  • Article   10.19 Confidentiality of Information 8
  • Article   10.20 Modifications and Amendments to Coverage 8
  • Chapter   XI Investment 8
  • Section   A Definitions and Scope of Application 8
  • Article   11.1 Definitions 8
  • Article   11.2 Scope of Application 9
  • Section   B Investment 9
  • Article   11.3 Minimum Standard of Treatment 9
  • Article   11.4 National Treatment 9
  • Article   11.5 Most-Favored-Nation Treatment 9
  • Article   11.6 Treatment In the Event of Loss 9
  • Article   11.7 Performance Requirements 9
  • Article   11.8 Senior Management and Boards of Directors 9
  • Article   11.9 Reservations and Exceptions 9
  • Article   11.10 Transfers 9
  • Article   11.11 Expropriation and Compensation 9
  • Article   11.12 Special Formalities and Information Requirements 9
  • Article   11.13 Denial of Benefits 9
  • Article   11.14 Subrogation 9
  • Article   11.15 Extraterritorial Inapplicability of a Party's Law 9
  • Article   11.16 Environmental Measures 9
  • Article   11.17 Investment Promotion and Information Exchange 9
  • Section   C Dispute Settlement between a Party and an Investor of the other Party 9
  • Article   11.18 Objective 10
  • Article   11.19 Consultation and Negotiation 10
  • Article   11.20 Submission of a Claim to Arbitration 10
  • Article   11.21 Consent of Each Party to Arbitration 10
  • Article   11.22 Conditions and Limitations on the Consent of the Parties 10
  • Article   11.23 Selection of Arbitrators 10
  • Article   11.24 Conduct of Arbitration 10
  • Article   11.25 Transparency of Arbitral Proceedings 10
  • Article   11.26 Applicable Law 10
  • Article   11.27 Interpretation of Annexes 10
  • Article   11.28 Expert Reports 10
  • Article   11.29 Accumulation of Proceedings 10
  • Article   11.30 Awards 10
  • Article   11.31 Delivery of Documents 10
  • Annex 11.11  Expropriation and Compensation 10
  • Annex 11.31  Delivery of Documents 11
  • Chapter   XII Cross-Border Trade In Services 11
  • Article   12.1 Definitions 11
  • Article   12.2 Scope of Application 11
  • Article   12.3 Most-Favored-Nation Treatment 11
  • Article   12.4 National Treatment 11
  • Article   12.5 Local Presence 11
  • Article   12.6 Market Access 11
  • Article   12.7 Reservations and Exceptions 11
  • Article   12.8 Transparency In the Development and Application of the Regulations 11
  • Article   12.9 National Regulations 11
  • Article   12.10 Mutual Recognition 11
  • Article   12.11 Transfers and Payments 11
  • Article   12.12 Denial of Benefits 11
  • Article   12.13 Technical Cooperation 11
  • Chapter   XIII Telecommunications Services  (1) 11
  • Article   13.1 Definitions 11
  • Article   13.2 Scope 11
  • Article   13.3 Regulatory Authority 11
  • Article   13.4 Authorization to Provide Publicly Available Telecommunication Services  (4) 12
  • Article   13.5 Competitive Safeguards on Major Suppliers 12
  • Article   13.6 Interconnection  (6) 12
  • Article   13.7 Scarce Resources 12
  • Article   13.8 Universal Service 12
  • Article   13.9 Transparency 12
  • Article   13.10 Confidentiality of Information 12
  • Article   13.11 Supplier Disputes 12
  • Chapter   XIV Temporary Entry of Business Persons 12
  • Article   14.1 Definitions 12
  • Article   14.2 General Principles 12
  • Article   14.3 Scope of Application 12
  • Article   14.4 Temporary Entry Authorization 12
  • Article   14.5 Availability of Information 12
  • Article   14.6 Committee on Temporary Entry of Business Persons 12
  • Article   14.7 Settlement of Disputes 12
  • Chapter   XV Electronic Commerce 12
  • Article   15.1 Definitions 12
  • Article   15.2 General Provisions 12
  • Article   15.3 Electronic Provision of Services 12
  • Article   15.4 Digital Products 12
  • Article   15.5 Cooperation 12
  • Article   15.6 Transparency 12
  • Chapter   XVI Intellectual Property 12
  • Section   A General Provisions and Basic Principles 12
  • Article   16.1 Definitions 12
  • Article   16.2 Protection of Intellectual Property Rights 12
  • Article   16.3 Provisions on the Subject Matter 12
  • Article   16.4 National Treatment and Most Favored Nation 13
  • Article   16.5 Control of Abusive or Anti-Competitive Terms and Conditions and Practices 13
  • Article   16.6 Technical Cooperation and Technology Transfer 13
  • Section   B Copyrights and Related Rights 13
  • Article   16.7 Protection of Copyrights and Related Rights 13
  • Article   16.8 Performers 13
  • Article   16.9 Broadcasting Organizations 13
  • Article   16.10 Protection of Encrypted Program-carrying Satellite Signals 13
  • Section   C Trademarks 13
  • Article   16.11 Well-Known Trademarks 13
  • Article   16.12 Duration of Protection 13
  • Article   16.13 Use Requirement 13
  • Section   D Patents 13
  • Article   16.14 Patentable Subject Matter 13
  • Section   E Utility Models 13
  • Article   16.15 Utility Model Protection 13
  • Section   F Industrial Designs 13
  • Article   16.16 Conditions and Duration of Protection 13
  • Article   16.17 Rights Conferred 13
  • Section   G Undisclosed Information 13
  • Article   16.18 Protection of Undisclosed Information 13
  • Section   H Geographical Indications and Appellations of Origin 13
  • Article   16.19 Protection of Geographical Indications and Appellations of Origin 13
  • Article   16.20 Content of the Protection of Geographical Indications and Appellations of Origin 13
  • Chapter   XVII Dispute Resolution 13
  • Article   17.1 Definitions 13
  • Article   17.2 Cooperation 13
  • Article   17.3 Scope of Application 13
  • Article   17.4 Election of Forum 13
  • Article   17.5 Perishable Goods 13
  • Article   17.6 Consultations 13
  • Article   17.7 Intervention of the Administrative Commission - Good Offices, Conciliation and Mediation 13
  • Article   17.8 Request for Establishment of Arbitration Panel 13
  • Article   17.9 List and Qualifications of Panelists 14
  • Article   17.10 Integration of the Arbitration Panel 14
  • Article   17.11 Participation of the Third Party 14
  • Article   17.12 Model Rules of Procedure 14
  • Article   17.13 Information and Technical Assistance 14
  • Article   17.14 Suspension or Termination of Proceedings 14
  • Article   17.15 Preliminary Report 14
  • Article   17.17 Compliance with the Final Report  14
  • Article   17.18 Noncompliance and Suspension of Benefits 14
  • Article   17.19 Review of Suspension of Benefits or of Enforcement 14
  • Article   17.20 Judicial and Administrative Instances 14
  • Article   17.21 Rights of Individuals 14
  • Article   17.22 Alternative Means of Dispute Resolution 14
  • Chapter   XVIII Transparency 14
  • Article   18.1 Definition 14
  • Article   18.2 Points of Contact 14
  • Article   18.3 Publication 14
  • Article   18.4 Notification and Provision of Information 14
  • Article   18.5 Administrative Procedures 14
  • Article   18.6 Review and Challenge 14
  • Chapter   XIX Administration of the Treaty 14
  • Article   19.1 Administrative Commission 14
  • Article   19.2 Free Trade Agreement Coordinators 15
  • Article   19.3 Administration of Dispute Resolution Proceedings Dispute Resolution 15
  • Chapter   XX Exceptions 15
  • Article   20.1 Definitions 15
  • Article   20.2 General Exceptions 15
  • Article   20.3 National Security 15
  • Article   20.4 Disclosure of Information 15
  • Article   20.5 Taxation 15
  • Article   20.6 Balance of Payments 15
  • Chapter   XXI Final Provisions 15
  • Article   21.1 Annexes, Appendices and Footnotes 15
  • Article   21.2 Entry Into Force 15
  • Article   21.3 Reservations and Interpretative Statements 15
  • Article   21.4 Amendments 15
  • Article   21.5 Accession 15
  • Article   21.6 Complaint 15
  • Article   21.7 Termination of Free Trade Agreements 15
  • Article   21.8 Transitory Provisions 15
  • Annex I  Non-conforming Measures 15
  • Annex I  Non-Conforming Measures. List of Costa Rica 16
  • Annex I  Non-Conforming Measures. List of Guatemala 17
  • Annex I  Non Conforming Measures. List of Honduras 19
  • Annex I  Non-Conforming Measures. List of Mexico 20
  • Annex I  Non-Conforming Measures. List of Nicaragua 24
  • Annex I  Non-Conforming Measures. List of El Salvador 26
  • Annex II  Future Actions 27
  • Annex II  Future Actions. List of Costa Rica 27
  • Annex II  Future Actions. List of Guatemala 28
  • Annex II  Future Actions. List of Honduras 29
  • Annex II  Future Actions. List of Mexico 29
  • Annex II  Future Actions. List of Nicaragua 30
  • Annex II  Future Actions. List of El Salvador 30
  • Annex III  Activities Reserved to the State 31
  • Annex III  Activities Reserved to the State. List of Costa Rica 31
  • Annex III  Activities Reserved to the State. List of Guatemala 31
  • Annex III  Activities Reserved to the State. List of Honduras 31
  • Annex III  Activities Reserved to the State. List of Mexico 32
  • Annex III  Activities Reserved to the State.  List of Nicaragua 32
  • Annex III  Activities Reserved to the State. List of El Salvador 33