Central America - Mexico FTA (2011)
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(3) "Biodiversity" includes the variability of living organisms from all sources found on land, in the air, in aquatic or marine ecosystems, or in any other ecological ecosystem, as well as the diversity among species and between species and the ecosystems of which they are part. Biodiversity also includes intangible elements such as: knowledge, innovation and traditional practices - individual or collective - with actual or potential economic value, associated with genetic or biochemical resources, whether or not protected by intellectual property rights or sui generis registration systems.

13. Sector: Free Trade Zones

Subsector:

Industrial Classification:

Obligations Affected: Performance Requirements (Article 11.7)

Level of government: Central

Measures: Law No. 7210 - Free Zone Regime Law - Article 22. Executive Decree No. 34739-COMEX-H - Regulation to the Free Zone Regime Law - Article 71, Chapter 13.

Description: Investment

Companies under the Free Trade Zone Regime may introduce into the national customs territory up to 25 percent of their total sales. However, in the case of industries and service companies that export them, they may introduce into the national customs territory a maximum percentage of 50 percent.

A non-producing export trading company, established in the Free Zone Regime in Costa Rica, that simply manipulates, repackages or redistributes non-traditional merchandise and products for export or re-export, may not introduce into the national customs territory any percentage of its total sales.

14. Sector: Education Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 12.4)

Level of government: Central

Measures: Executive Decree No. 36289-MEP - Regulations to the Law that Regulates Para-University Higher Education Institutions - Article 14.

Description: Cross-Border Trade in Services

The Dean of a public para-university institution must be Costa Rican.

15. Sector: News Agency Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 12.4) Local Presence (Article 12.5)

Level of government: Central

Measures: Executive Decree No. 32599 - Regulations of the College of Journalists of Costa Rica - Articles 3, 47 and 48.

Description: Cross-Border Trade in Services

Unless authorized, a foreign journalist may cover events in Costa Rica only if he/she is a resident of Costa Rica.

The Board of Directors of the College of Journalists may grant non-resident foreigners a special permit to cover events in Costa Rica for up to one year, extendable as long as they do not harm or oppose the interests of the members of the College of Journalists.

If the College of Journalists decides that an event of international importance will occur or has occurred in Costa Rica, the College of Journalists may grant a non- resident foreigner with appropriate professional credentials a temporary permit to cover such event for the foreign media that the journalist represents. Such permit will only be valid for up to one month after the event.

16. Sector: Tourist Marinas and Related Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)

Level of government: Central

Measures: Law No. 7744 - Law on Concession and Operation of Marinas and Tourist Docks - Articles 1, 12, and 21. Executive Decree No. 27030-TUR-MINAE-S-MOPT - Regulation to the Law of Concession and Operation of Tourist Marinas - Article 52.

Description: Investment and Cross-Border Trade in Services

In order to obtain concessions for the development of marinas or tourist berths, companies whose principal place of business is abroad must be established in Costa Rica.

Foreign nationals must appoint a representative with sufficient legal authority and permanent residence in Costa Rica.

All foreign flag vessels using the services offered by a marina shall enjoy a 2-year permanence permit in national waters and territory, extendable for equal periods. During their stay in Costa Rican waters and territory, foreign flag vessels and their crew may not provide water transportation services or fishing, diving or other activities related to sport and recreational tourism.

17. Sector: Supply of Consumable Liquids at Facilities

Subsector:

Industrial Classification:

Obligations Affected: Market Access (Article 12.6)

Level of government: Central

Measures: Law No. 10 - Liquor Sales Law - Articles 8, 11 and 16.

Description: Cross-Border Trade in Services

Itis at the discretion of the Municipalities to determine the number of liquor establishments that may be authorized in each of the areas under their jurisdiction. In no case may this number exceed the following proportion:

(a) in provincial capitals, one establishment selling foreign liquors and one establishment selling domestic liquors for every 300 inhabitants;

(b) in all other cities with more than 1,000 inhabitants, one establishment selling foreign liquor for every 500 inhabitants and one establishment selling domestic liquor for every 300 inhabitants;

(c) cities with less than 1,000 inhabitants, but more than 500, may have 2 establishments selling foreign liquors, and 2 establishments that sell domestic liquor; and

(d) any other city having 500 inhabitants or less, may have one establishment selling foreign liquor and one establishment selling foreign liquor and one establishment selling foreign liquor.

No establishment for the sale of liquor for consumption shall be allowed outside the perimeter of cities or where there is no permanent police authority.

At public auction, no person may acquire authorization to have more than one establishment selling foreign liquors and one establishment selling domestic liquors in the same city.

18. Sector: Retail and Wholesale Distribution - Crude Oil and Crude Oil Derivatives

Subsector:

Industrial Classification:

Obligations Affected: Market Access (Article 12.6)

Level of government: Central

Measures: Law No. 7356 - Law of the State Monopoly of Hydrocarbons Administered by Recope "Establishes a Monopoly in favor of the State for the Importation, Refining and Distribution of Petroleum, Fuels, Asphalts and Naphtha" - Articles 1, 2 and 3. Law No. 7593 - Public Services Regulatory Authority Law - Articles 5, 9 and 13. Executive Decree 36627-MINAET - Regulation for the Regulation of Fuel Transportation.

Description: Cross-Border Trade in Services

The import and wholesale distribution of crude oil and its derivatives, including fuels, asphalts and naphtha, to meet domestic demand, are a State monopoly.

Costa Rica reserves the right to limit the number of concessions or permits for the supply of hydrocarbon fuels - including petroleum derivatives, asphalts, gas and naphthas destined to supply the national demand in distribution plants and petroleum derivatives, asphalts, gas and naphthas destined to the final consumer - based on the demand for the service. Priority will be given to the concessionaires that are supplying the service.

19. Sector: Telecommunications Services (4)

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)

Level of government: Central

Measures: Political Constitution of the Republic of Costa Rica - Article 121, paragraph 14. Law No. 8642 - General Telecommunications Law - Articles 1, 5, 7, 10, 11, 12, 19, 20, 21, 22, 23, 24, 25, 26, 28 y 30. Executive Decree No. 34765-MINAET - Regulation to the General Telecommunications Law - Articles 2, 6, 7, 10, 21, 22, 33, 34, 35, 35, 37, 43, 45, 45 bis and 46. Law No. 8660 - Law for the Strengthening and Modernization of the Public Entities of the Telecommunications Sector - Articles 5, 7, 18 and 39. Law No.7789 - Law for the Transformation of Empresa de Servicios Publicos de Heredia ESPH - Articles 7 and 15.

Description: Investment and Cross-Border Trade in Services

In Costa Rica, wireless services may not definitively leave the State domain and may only be exploited by the public administration or by private parties, in accordance with the law or by means of a special concession granted for a limited period of time and under the conditions and stipulations established by law by the Legislative Assembly.

Concessions, authorizations and permits will be required to supply telecommunications services in Costa Rica. Economic needs tests are required to grant such concessions, authorizations and permits.

A special concession granted by the Legislative Assembly will be required to provide traditional basic telephone services.

The participation in the capital of companies incorporated or acquired by the Instituto Costarricense de Electricidad will be limited to 49 percent.

Empresa de Servicios Publicos de Heredia may establish strategic alliances with public or private persons, as long as the latter have at least 51 percent of Costa Rican capital.

(4) Defined as all services consisting wholly or mainly of the transport of signals over telecommunications networks, except broadcasting.

20. Sector: Advertising, Audiovisual, Film, Radio, Television and other Entertainment Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Local Presence (Article 12.5) Market Access (Article 12.6)

Level of government: Central

Measures: Law No. 6220 - Law that Regulates Broadcasting Media and Advertising Agencies - Articles 3 and 4. Law No. 1758 - Radio and Television Law - Article 11. Law No. 4325 - Law on Advertising of Nationally Produced Artistic Programs - Article 1. Law No. 5812 - Law that Regulates Contracting and Taxation of Foreign Performing Artists - Article 3. Executive Decree No. 34765-MINAET - Regulations to the General Telecommunications Law - Articles 5, 127, 128 and 131.

Description: Investment and Cross-Border Trade in Services

Broadcasting media and advertising agencies may be operated by individuals or legal entities, in the form of personal or capital companies with nominative shares. Such companies must be registered in the Public Registry.

It is absolutely forbidden to constitute liens on the shares or quotas of a company owning any broadcasting media or advertising agency, in favor of corporations with shares in the company, bearer, or foreign individuals or legal entities.

The spots, advertisements or filmed commercials used in programs sponsored by the autonomous or semi- autonomous institutions of the State, the Government of the Republic and all entities that receive a subsidy from the State, must be of national production.

Broadcasters of commercial spots for film, radio and television must register with the Radio Department of the Ministry of Environment, Energy and Telecommunications. Foreign announcers must be residents in order to register with the Radio Department. Broadcasting of commercials in which the announcer is not registered as stipulated in the Regulations to the General Telecommunications Law will not be authorized.

Commercials that have been produced and edited in the country are considered national. Commercials coming from the Central American area with which there is reciprocity in the matter are also considered national.

Radio, television and film programming shall be governed by the following rules:

(a) if the advertisements consist of jingles recorded abroad, a certain sum shall be paid for each one broadcast;

(b) of the filmed commercials shown by each television station or movie theater each day, only 30 percent may be of foreign origin;

(c) the importation of commercial shorts outside the Central American area will pay a tax of 100 percent of their value;

(d) Commercial radio, film or television shorts made in any of the other Central American countries with which there is reciprocity in this matter shall be considered as national;

(e) the number of radio programs and radio soap operas recorded abroad may not exceed 50 percent of the total number broadcast by each radio station on a daily basis; and

(f) the number of programs filmed or recorded on videotape abroad may not exceed 60 percent of the total number of daily programs shown.

The person who hires or employs foreign artists must hire an equal number of national artists for the same show, unless the respective majority union expresses the impossibility of supplying them.

21. Sector: Water Transportation Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)

Level of government: Central

Measures: Law No. 7593 - Public Services Regulatory Authority Law - Articles 5, 9 and 13. Law No. 104 - Code of Commerce of 1853 - Book Ill Of Maritime Commerce - Articles 537 and 580. Law No. 12 - Ship Flagging Law - Articles 5, 41 and 43. Law No. 2220 - Cabotage Service Law of the Republic - Articles 5, 8, 9, 11 and 12. Executive Decree No. 66 - Regulation of the Cabotage Services Law of the Republic - Articles 10, 12, 15 and 16. Executive Decree No. 12568-T-S-H - Regulation of the Costa Rican Naval Registry - Articles 8, 10, 11, 12 and 12. 13. Executive Decree No. 23178-J-MOPT - Transfer of the National Vessel Registry to the Public Registry of Movable Property - Article 5.

Description: Investment and Cross-Border Trade in Services

Costa Rica reserves the right to limit the number of concessions for water transportation services based on the demand for this service. Priority will be given to those concessionaires that are providing the service.

Only Costa Rican nationals, national public entities, companies incorporated and domiciled in Costa Rica and representatives of shipping companies may register vessels in Costa Rica. Exceptions to this rule are foreigners or foreign companies wishing to register vessels under 50 tons for non-commercial use.

Any natural or juridical person based abroad who owns one or more foreign registered vessels located in Costa Rica, must appoint and maintain an agent or legal representative in Costa Rica, who will act as liaison with the official authorities in all matters related to the vessel.

Commercial and tourist cabotage from Costa Rican port to Costa Rican port shall be done exclusively in Costa Rican registered vessels.

Foreigners who wish to be captains of a vessel of Costa Rican registry and flag must provide a guarantee equivalent to at least half of the value of the vessel under their command.

At least 10 percent of the crew on Costa Rican-registered international traffic vessels docking in Costa Rican ports shall be Costa Rican nationals, provided that such trained personnel are available domestically.

22. Sector: Air Transportation Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 11.4) Most-Favored-Nation Treatment (Article 11.5)

Level of government: Central

Measures: Law No. 5150 - General Civil Aviation Law. Executive Decree No. 3326-T - Regulations for the Granting of Operating Certificates. Executive Decree No. 4440-T - Regulations for the Operation of the Costa Rican Aeronautical Registry. Executive Decree No. 32420 - RAC-LPTA Costa Rican Aeronautical Regulations Aeronautical Technical Personnel Licenses. Executive Decree No. 31520-MS-MAG-MINAE-MOPT- MGPSP - Regulations for Agricultural Aviation Activities.

Description: Investment

Certificates for the supply of airworthiness services will be issued to foreign companies incorporated under foreign legislation, based on the principle of reciprocity.

Only Costa Rican individuals or legal entities may register in the National Aircraft Registry, aircraft used for remunerated aerial activities. Foreigners with legal residence in the country may also register aircraft used exclusively for non-commercial purposes.

In the absence of agreements or conventions, certificates for the supply of air transport international shall be issued on the basis of the principle of reciprocity.

At least 51 percent of the capital of companies wishing to obtain an operating certificate to develop agricultural aviation activities must be owned by Costa Ricans.

Annex I. Non-Conforming Measures. List of Guatemala

1. Sector: All Sectors

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 11.4) Most-Favored-Nation Treatment (Article 11.5)

Level of government: Central

Measures: Article 3 and 20 of the Law of the Land Fund, Decree No. 24-99, of the Congress of the Republic of Guatemala. Article 4 of Resolution Point Number 32-2002 of the Directive Council of the Land Fund.

Description: Investment

Only Guatemalans of origin may be beneficiaries to access land in property in individual or organized form.

In the case of Mexico, this reserve applies only to the department of El Petén.

2. Sector: All Sectors

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 11.4)

Level of government: Central

Measures: Article 122 of the Political Constitution of the Republic of Guatemala.

Description: Investment

The State reserves the domain of a land strip of 3 kilometers along the oceans, counted from the upper tide line; of 200 meters around the shores of lakes; of 100 meters on each side of the banks of navigable rivers; of 50 meters around the sources and springs where the waters that supply the populations are born.

Exceptions to the aforementioned reservations:

(a) properties located in urban areas; and

(b) property on which there are rights registered in the Land Registry prior to March 1, 1956.

  • 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