Central America - Mexico FTA (2011)
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Subsector:  

Industrial Classification:

Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4)

Level of government: Central

Measures: Decree of the provisions to regulate the exploitation of works of intellectual nature by means of public communication and the participation of Salvadoran artists in public shows. Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 111, Volume 279, dated June 15, 1983, Article 4. Decree No. 18, Substitution of Articles 1 and 4 of Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 7, Volume 282, dated January 10, 1984.

Description: Cross-Border Trade in Services

Commercial advertisements used in the country's public media must be produced and recorded by 90 percent national elements.

At least 90 percent of the production and recording of any commercial advertisement to be used in the public media of El Salvador, whether television, radio broadcast and printed material, originating in El Salvador, must be done by companies organized under Salvadoran law.

Commercial advertisements produced or recorded by a company incorporated under the laws of a Central American country, may be used in the media of El Salvador, provided that such Party provides an appropriate similar treatment to commercial advertisements produced or recorded in El Salvador.

Commercial advertisements that do not meet the aforementioned requirements may be broadcast in the public media of El Salvador, if they are advertisements of international products, brands or services imported or produced in the country under license, and shall be subject to the payment of a single fee.

6. Sector: Communications Services: Television and Radio Broadcasting Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 11.4)

Level of government: Central

Measures: Telecommunications Law, Article 123.

Description: Investment

Concessions and licenses for free reception broadcasting services shall be granted to Salvadoran nationals born in El Salvador or to companies incorporated in accordance with Salvadoran laws. In the case of such companies, the capital stock must be constituted with at least 51 percent of the capital stock from Salvadorans.

7. Sector: Performing Arts

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 12.4)

Level of government: Central

Measures: Immigration Law, Articles 62-A and 62-B. Legislative Decree No. 382, dated May 29, 1970, published in the Official Gazette No. 64, Volume 227, dated April 10, 1970. Executive Decree No. 16 dated May 12, 1970, published in the Official Gazette No. 87, Volume 227, dated May 18, 1970.

Description: Cross-Border Trade in Services

No foreign artist may offer a performance of any kind without the express authorization of the Ministry of the Interior, which shall previously hear the illustrative opinion of the legally established union of artists in the field of work of the foreign artist, within 15 days of the request. Foreign artists shall pay in advance to the respective union a performance fee of 10 percent of the gross remuneration they receive in the country.

If advance payment is not possible, the artist will have to provide a sufficient surety in favor of the respective union.

No foreign artist or group of artists may perform in the country for more than 30 consecutive days or at intervals, within a period of one year from the first day of their performance.

An artist is any person who performs in El Salvador, either individually or in the company of another or others, for the performance of music, singing, dancing or reading or giving performances, either in person (live) before a large or small audience or by means of radio or television.

8. Sector: Circuses

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 12.4)

Level of government: Central

Measures: Decree No. 122 dated November 4, 1988, published in the Official Gazette No. 219, Volume 301, dated November 25, 1988, Article 3. Legislative Decree No. 382 dated May 29, 1970, published in the Official Gazette No. 64, Volume 227, dated April 10, 1970. Decree No. 193 dated March 8, 1989, published in the Official Gazette No. 54, Volume 302, dated March 17, 1989, Articles 1 and 2. Regulations for the Application of Legislative Decrees 122 and 193 Related to Circus Companies, Articles 1 and 2.

Description: Cross-Border Trade in Services

Foreign circuses or similar shows must pay to the respective Circus Artists Union the performance fee equivalent to 2.5 percent of the gross admission, which is collected daily at the box office. The fee must be paid in full through the withholding system.

All foreign circuses must be authorized by the corresponding Ministry and, once authorized, notify the Asociaci6n Salvadorefia de Empresarios Circenses (ASEC) and are obliged to pay the ASEC 3 percent of the gross ticket sales for each performance, as well as 10 percent of the total income obtained from the sale to the public of the circus of banners, caps, T-shirts, balloons, photographs and other objects. The foreign circus must provide sufficient surety in favor of the ASEC.

A foreign circus entering El Salvador may only work in the city of San Salvador for a period of 15 days, extendable only once for another 15 days.

A foreign circus that has performed in the country may only enter the country again after one year has elapsed from the date of its departure.

9. Sector: Performing Arts

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Article 12.4)

Level of government: Central

Measures: Decree of the provisions to regulate the exploitation of works of intellectual nature by means of public communication and the participation of Salvadoran artists in public shows. Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 111, Volume 279, dated June 15, 1983. Decree No. 18, Substitution of Articles 1 and 4 of Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 7, Volume 282, dated January 10, 1984.

Description: Cross-Border Trade in Services

In the case of public shows with the live participation of artists of any genre, the participation of Salvadoran nationals shall be equivalent to 20 percent of the number of foreign participants.

10. Sector: Shopping Centers and Free Establishments Tax-Free

Subsector:

Industrial Classification:

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

Level of government: Central

Measures: Constitution of the Republic of El Salvador, Article 95. Law for the Establishment of Free Stores in the Maritime Ports of El Salvador, Article 5.

Description: Investment and Cross-Border Trade in Services

Permits to organize commercial centers or establishments in the country's seaports shall be granted by the Minister of Finance. The location of the pavilions destined for such purpose shall be decided by the Autonomous Port Executive Commission (CEPA).

Natural or juridical persons may apply for the permits referred to in the preceding paragraph. The former must be Salvadoran, of legal age and of proven responsibility and honesty. In the concession of the permits, preference shall be given to the Salvadorans by birth and Salvadoran legal persons.

11. Sector: Transportation Services

Subsector: Maritime Transportation

Industrial Classification:

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

Level of government: Central

Measures: General Maritime and Port Law, Articles 42 and 53.

Description:

Cross-Border Trade in Services

Navigation and cabotage trade between ports of the Republic are reserved for vessels flying the national flag, but not between Central American ports, but may also be exercised by foreign vessels subject to the same conditions imposed on those flying the national flag, being of course subject in everything to the laws and regulations of the Republic. In order to be considered as national vessels, they must fulfill the following conditions and requirements:

(a) to be enrolled;

(b) use the national flag;

(c) be commanded by captainor national or nationalized skippers; and

(d) have at least 90 percent of Salvadoran seafarers in its crew.

The owner of a vessel who wishes to register it must be a resident of the Republic.

No person may be a member of the crew of a vessel or naval artifact registered in the Salvadoran maritime registry, or exercise any profession, trade, or occupation in the port jurisdiction, or in any activity regulated or controlled by the Maritime Port Authority, if it is not authorized by it or registered in the respective section of the Salvadoran maritime registry.

The seamen who do not belong to any crew of traffic vessels and the loading laborers who form the guild, shall be in charge of the disembarkation and transshipment of foreign or national products, artifacts or merchandise in the authorized ports of the Republic.

12. Sector: Air Services: Specialized Air Services

Subsector:

Industrial Classification:

Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4)

Level of government: Central

Measures: Organic Law of Civil Aviation, Articles 5, 89 and 92.

Description: Cross-Border Trade in Services

The provision of specialized air services requires prior authorization from the Civil Aviation Authority. The authorization by the Civil Aviation Authority is subject to reciprocity and must take into account consideration of the national air transportation policy.

13. Sector: Air Services: Aircraft Repair and Maintenance Services during which the Aircraft is taken out of Service and Specialized Air Service Pilots.

Subsector:

Industrial Classification:

Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4)

Level of government: Central

Measures: Organic Law of Civil Aviation, Articles 39 and 40.

Description: Cross-Border Trade in Services

El Salvador applies reciprocity requirements when recognizing or validating licenses, certificates and authorizations issued by foreign aeronautical authorities to:

(a) technical personnel providing repair and maintenance services during the period when the aircraft is removed from service; and

(b) pilots and other technical personnel providing specialized air services.

14. Sector: Professional Services: Customs Brokers

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3)

Level of government: Central

Measures: Customs Code Regulations Central American Uniform Customs Code, Article 76.

Description: Investment and Cross-Border Trade in Services

Only nationals of Central American countries may work as customs agents.

15. Sector: Construction and Related Engineering Services

Subsector:

Industrial Classification:

Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Local Presence (Article 12.5)

Level of government: Central

Measures: Law of Incentives to National Construction Industry Companies, Legislative Decree No. 504, published in Official Gazette No. 167, Volume 308, dated July 9, 1990, amended by Legislative Decree No. 733, published in Official Gazette No. 80, Volume 311, dated April 23, 1991.

Description: Investment and Cross-Border Trade in Services

To develop activities of design, consulting; consulting and management of engineering or architectural projects, or any type of work or study regarding the construction of such projects, either before, during or after construction, a company whose majority capital is owned by foreigners ("foreign company"), must be contractually associated with a company legally registered, qualified and established in El Salvador ("Salvadoran company").

The foreign company must appoint a resident representative in El Salvador.

Additionally, an engineering or architectural project is subject to the following requirements:

(a) companies incorporated under the laws of El Salvador must have an investment in the project equivalent to at least 40 percent of the value of the project; and

(b) such firms must provide at least 30 percent of the technical staff and 90 percent of the administrative staff for the project.

For greater certainty, technical and administrative personnel does not include executive personnel.

The requirements of subsections (a) and (b) shall not apply:

(i) when the funds for the project come partially or totally from foreign governments or international organizations; or

(ii) to specific projects or grants for specialized technical cooperation.

Annex II. Future Actions

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 with respect to specific sectors, subsectors, or activities for which that Party may maintain existing measures, or adopt new or more restrictive 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) Description indicates the scope of the sector, subsectors or activities covered by the reserve; and

(f) Measures in Force identifies, where relevant and for transparency purposes, the measures in force that apply to the sectors, subsectors or activities covered by the reserve.

3. 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 sectors, subsectors and activities in terms of the Description element of that reservation.

4. In interpreting a reservation in the List, all elements of the reservation shall be considered. The Description element shall prevail over the other elements.

5. For the purposes of Mexico's Schedule, CMAP shall mean the digits of the Mexican Classification of Activities and Products, as established in the National Institute of Statistics, Geography and Informatics, Mexican Classification of Activities and Products, 1994.

Annex II. Future Actions. List of Costa Rica

1. Sector: All Sectors

Subsector:

Industrial Classification:

Obligations Affected: Most-Favored-Nation Treatment (Articles 11.5 and 12.3)

Description: Investment and Cross-Border Trade in Services

  • 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