Colombia - Ecuador - EU - Peru FTA (2012)
Previous page Next page

2. Each Party shall make available to interested persons its requirements for completing applications relating to the supply of financial services.

3. Upon request of an applicant, the Party concerned shall inform the applicant of the status of his/her application. Where the Party concerned requires additional information from the applicant, it shall notify the applicant without undue delay.

4. Each Party shall make its best endeavours to ensure that international standards for regulation and supervision in the financial services sector and for the fight against money laundering and the financing of terrorism are implemented and applied in its territory. Such international standards are the Core Principle for Effective Banking Supervision of the Basel Committee, the Insurance Core Principles and Methodology of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the International Organisation of Securities Commissions, the Forty Recommendations on Money Laundering, and the Nine Special Recommendations on Terrorist Financing of the Financial Action Task Force.

5. The Parties also take note of the "Ten Key Principles for Information Sharing" promulgated by the Finance Ministers of the G7 Nations and the Agreement on Exchange of Information on Tax Matters of the Organisation on Economic Cooperation and Development's (hereinafter referred to as "OECD") and the Statement on Transparency and exchange of information for tax purposes of the G20.

Article 156. New Financial Services

Each Party shall permit a financial service supplier of another Party established in its territory to supply any new financial service of a type similar to those services which that Party permits its own financial service suppliers to supply under its domestic law in like circumstances. A Party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorisation for the supply of such service. Where such authorisation is required, a decision shall be made within a reasonable period of time and the authorisation may only be refused for prudential reasons.

Article 157. Data Processing

1. Each Party shall permit a financial service supplier of another Party to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the ordinary course of business of such financial service supplier.

2. Each Party shall adopt adequate safeguards for the protection of the right to privacy and the freedom from interference with the privacy, family, home or correspondence of individuals, in particular with regard to the transfer of personal data.

Article 158. Recognition of Prudential Measures

1. A Party may recognise prudential measures of any other country in determining how the measures relating to financial services of that Party shall be applied. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement with the country concerned, or may be granted autonomously.

2. A Party that is a party to such an agreement or arrangement referred to in paragraph 1, whether future or existing, shall afford adequate opportunity for another Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with such Party, under circumstances in which there would be equivalent regulation, oversight, implementation of such regulation and, if appropriate, procedures concerning the sharing of information between the Parties to the agreement or arrangement. Where a Party accords recognition autonomously, such Party shall afford adequate opportunity for another Party to demonstrate that those circumstances exist.

Article 159. Specific Exceptions

1. Nothing in this Title shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing, in its territory, activities or services forming part of a public retirement plan or statutory system of social security, except when those activities may be carried out, as provided by the domestic regulation of that Party, by financial service suppliers in competition with public entities or private institutions.

2. Nothing in this Agreement applies to activities or measures conducted or adopted by a central bank or monetary, exchange rate or credit authority or by any other public entity in pursuit of monetary and related credit or exchange rate policies.

3. Nothing in this Title shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services for the account or with the guarantee or using the financial resources of the Party, or its public entities.

Section 6. International Maritime Transport Services

Article 160. Scope of Application and Principles

1. This Section sets out the principles for international maritime transport services committed pursuant to Chapters 2 (Establishment), 3 (Cross-border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes) of this Title.

2. In view of the existing levels of liberalisation between the Parties in international maritime transport, each Party shall:

(a) effectively apply the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis; and

(b) grant ships flying the flag of another Party or operated by service suppliers of another Party treatment no less favourable than that accorded to its own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

3. In applying these principles, each Party shall:

(a) not introduce cargo-sharing arrangements in future bilateral agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous bilateral agreements; and

(b) upon entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which may constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.

4. Each Party shall permit international maritime service suppliers, including maritime agency services of another Party, to have an establishment in its territory under conditions of establishment and operation no less favourable than those accorded to its own service suppliers or those of any third country, whichever are more favourable.

5. Each Party shall make available to international maritime transport suppliers of another Party, on reasonable and non-discriminatory terms and conditions, the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain's services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services.

Article 161. Definitions

For the purposes of this Section and Chapters 2 (Establishment), 3 (Cross-border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes) of this Title:

- "container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;

- "customs clearance services" (alternatively "customs house brokers services") means activities consisting in carrying out, on behalf of another party, customs formalities concerning import, export or through transport of cargoes, whether such services are the main activity of the service provider or a usual complement of its main activity;

- "freight forwarding services" means the activity consisting in organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information;

- "international maritime transport" includes door-to-door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and to this effect includes the right to directly contract with providers of other modes of transport;

- "maritime agency services" means activities consisting in representing as an agent, within a given geographic area, the business interests of one or more shipping lines or shipping companies, for the following purposes:

(a) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and

(b) organising, on behalf of shipping companies, the call of ships or take over cargoes when required;

- "maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:

(a) the loading/discharging of cargo to/from a ship;

(b) the lashing/unlashing of cargo; and

(c) the reception/delivery and safekeeping of cargoes before shipment or after discharge.

Chapter 6. Electronic Commerce

Article 162. Objective and Principles

1. The Parties, recognising that electronic commerce increases trade opportunities in many sectors, agree to promote the development of electronic commerce between them, in particular by cooperating on issues arising from electronic commerce under the provisions of this Title.

2. The Parties agree that the development of electronic commerce shall be consistent with the international standards of data protection, in order to ensure the confidence of users of electronic commerce.

3. The Parties agree that a delivery by electronic means shall be considered as a provision of services, within the meaning of Chapter 3 (Cross-border Supply of Services), and shall not be subject to customs duties.

Article 163. Regulatory Aspects of Electronic Commerce

1. The Parties shall maintain a dialogue on regulatory issues arising from electronic commerce which shall inter alia address the following issues:

(a) the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;

(b) the liability of intermediary service providers with respect to the transmission, or storage of information;

(c) the treatment of unsolicited electronic commercial communications;

(d) the protection of consumers in the field of electronic commerce from, among others, fraudulent and misleading commercial practices in the cross border context;

(e) the protection of personal data;

(f) the promotion of paperless trading; and

(g) any other issue relevant for the development of electronic commerce.

2. The Parties shall conduct such cooperation, inter alia, by exchanging information regarding their respective relevant legislation and jurisprudence, as well as on the implementation of such legislation.

Article 164. Protection of Personal Data

The Parties shall endeavour, insofar as possible, and within their respective competences, to develop or maintain, as the case may be, regulations for the protection of personal data.

Article 165. Management of Paperless Trading

The Parties shall endeavour, insofar as possible, and within their respective competences, to:

(a) make trade management documents available to the public in electronic form; and

(b) accept trade administration documents (61) submitted electronically as the legal equivalent of their paper version.

(61) For greater certainty, for Colombia and Peru, ‘trade administration documents’ means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the imports or exports of goods.

Article 166. Consumer Protection

1. The Parties recognise the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and misleading commercial practices when consumers engage in electronic commerce transactions.

2. The Parties recognise the importance of reinforcing consumer protection and of cooperation among domestic consumer protection authorities, in activities relating to electronic commerce.

Chapter 7. Exceptions

Article 167. General Exceptions

1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties, or a disguised restriction on establishment or cross-border supply of services, nothing in this Title and Title V (Current Payments and Capital Movements) shall be construed to prevent the adoption or enforcement by any Party of measures:

(a) necessary to protect public security or public morals or to maintain public order (62);

(b) necessary to protect human, animal or plant life or health, including those environmental measures necessary to this effect;

(c) relating to the conservation of living and non-living exhaustible natural resources, if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

(d) necessary for the protection of national treasures of artistic, historic or archaeological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title and Title V (Current Payments and Capital Movements) (63) including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii) safety.

2. The provisions of this Title, Annexes VII (List of Commitments on Establishment) and VIII (List of Commitments on Cross-border Supply of Services) and Title V (Current Payments and Movement of Capital) shall not apply to the respective social security systems of the Parties or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of official authority.

(62) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of the society.
(63) For greater certainty, in the case of Peru and Ecuador, the execution of measures that prevent a monetary transfer through the equitable, nondiscriminatory and good faith application of Peruvian and Ecuadorian Laws, respectively, relating to: (a) bankruptcy, insolvency, or the protection of the rights of creditors; (b) issuing, trading, or dealing in securities, futures, options, or derivatives; (c) criminal or penal offences; (d) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; or (e) ensuring compliance with judicial or administrative orders or rulings in judicial or administrative proceedings, shall not be considered inconsistent with the provisions of this Title and

Title V. Current Payments and Capital Movements

Article 168. Current Account

The Parties shall authorise, in freely convertible currency and in accordance with the provisions of Article VIII of the Articles of Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Parties.

Article 169. Capital Account

With regard to transactions on the capital and financial account of balance of payments, following the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to direct investments (64) made in juridical persons constituted in accordance with the laws of the host country and investments and other transactions made in accordance with the provisions of Title IV (Trade in Services, Establishment, and Electronic Commerce) (65), as well as the liquidation and repatriation of these investments and of any profit stemming therefrom.

(64) For greater certainty, ‘direct investment’ does not mean credits related to foreign trade, portfolio investment according to domestic legislation, public debt and related credit.
(65) For greater certainty, Chapter 7 (Exceptions) in Title IV (Trade in Services, Establishment, and Electronic Commerce) shall also apply to this Title.

Article 170. Safeguard Measures

1. In the case of Colombia, where, in exceptional circumstances, payments and capital movements cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in Colombia, Colombia may adopt safeguard measures with regard to capital movements for a period not exceeding one year. These safeguard measures may be maintained beyond such period of time for justified reasons when it is necessary to overcome the exceptional circumstances that led to their application. In such event, Colombia shall present in advance to the other Parties the reasons that justify their maintenance.

2. In the case of Peru and the EU Party, where, in exceptional circumstances, payments and capital movements, cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in Peru or in the European Union, Peru or the EU Party may respectively adopt safeguard measures with regard to capital movements for a period not exceeding one year.

2a. In the case of Ecuador, where, in exceptional circumstances, payments and capital movements cause, or threaten to cause, serious difficulties to the liquidity of the Ecuadorian economy, Ecuador may adopt safeguard measures with regard to capital movements for a period not exceeding one year. These safeguard measures may be maintained beyond such period of time for justified reasons when it is necessary to overcome the exceptional circumstances that led to their application. In such event, Ecuador shall present in advance to the other Parties the reasons that justify their maintenance.

3. The application of safeguard measures pursuant to paragraph 2 may be extended through their formal reintroduction in case of extremely exceptional circumstances and after having coordinated in advance between the Parties concerned regarding the implementation of any proposed formal reintroduction.

4. Under no circumstance may the measures referred to in paragraphs 1, 2 and 2a be used as a means for commercial protection or for the purpose of protecting a particular industry.

5. A Party adopting or maintaining safeguard measures pursuant to paragraphs 1, 2, 2a or 3 shall promptly inform the other Parties of their relevance and scope, and present, as soon as possible, a schedule for their removal.

Article 171. Final Provisions

With the aim of supporting a stable and secure framework for long-term investment, the Parties shall consult with a view to facilitating the movement of capital between them, in particular the progressive liberalisation of capital and financial accounts.

Title VI. Government Procurement

Article 172. Definitions

For the purposes of this Title:

- "build-operate-transfer contract and public works concession contract" mean any contractual arrangement the primary purpose of which is to provide for the construction or rehabilitation of physical infrastructure, plant, buildings, facilities, or other government-owned works and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants to the supplier, for a specified period, temporary ownership, or a right to control and operate, and demand payment for the use of, such works for the duration of the contract;

- "commercial goods or services" means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;

- "construction service" means a service that has as its objective the realization by whatever means, of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (hereinafter referred to as "CPPC");

- "electronic auction" means an iterative process that involves the use of electronic means for the presentation by suppliers of either new prices, or new values for quantifiable non-price elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re-ranking of tenders;

- "in writing" or "written" means any worded or numbered expression that can be read, reproduced and later communicated. It may include electronically transmitted and stored information;

- "limited tendering" means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;

- "measure" means any law, regulation, procedure, administrative guidance or practice, or any action of a procuring entity, relating to a covered procurement;

- "multi-use list" means a list of suppliers that a procuring entity has determined satisfy the conditions for participation in that list, and that the procuring entity intends to use more than once;

- "notice of intended procurement" means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both;

- "offset" means any condition or undertaking that encourages local development or improves balance–of-payments accounts of a Party, such as the use of domestic content, the licensing of technology, investment, counter-trade and similar action or requirement;

- "open tendering" means a procurement method whereby all interested suppliers may submit a tender;

- "procuring entity" means an entity of a Party listed in Appendix 1 of Annex XII (Government Procurement);

- "qualified supplier" means a supplier that a procuring entity recognises as having satisfied the conditions for participation;

- "selective tendering" means a procurement method whereby only qualified suppliers are invited by the procuring entity to submit a tender;

- "services" includes construction services, unless otherwise specified; and

- "technical specification" means a tendering requirement that:

(a) sets out the characteristics of goods or services to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production or provision; or

(b) addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or service.

Article 173. Scope of Application

1. This Title applies to any measure adopted by a Party regarding covered procurement.

2. For the purposes of this Title, "covered procurement" means procurement for governmental purposes of goods, services, or any combination thereof as specified, with respect to each Party, in Appendix 1 of Annex XII (Government Procurement):

(a) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;

(b) by any contractual means, including: purchase, hire purchase, lease or rental, with or without an option to buy, build-operate-transfer contracts and public works concession contracts;

(c) for which the value equals or exceeds the relevant threshold specified for each Party in Appendix 1 of Annex XII (Government Procurement), at the time of publication of a notice in accordance with Article 176;

(d) by a procuring entity; and

(e) that is not otherwise excluded from the scope of application of this Title.

3. Except where provided otherwise, this Title does not apply to:

(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;

(b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, endorsements and fiscal incentives;

(c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities (66);

(d) public employment contracts and related measures; and

(e) procurement conducted:

(i) for the specific purpose of providing international assistance, including development aid;

(ii) under the particular procedure or condition of an international agreement relating to:

(A) the stationing of troops; or

(B) the joint implementation of a project by the countries signatory to such agreement;

(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance, where the applicable procedure or condition would be inconsistent with this Title.

4. Each Party shall specify the following information in its corresponding Subsection of Appendix 1 of Annex XII (Government Procurement):

(a) in Subsection 1, the central government entities whose procurement is covered by this Title;

(b) in Subsection 2, the sub-central government entities whose procurement is covered by this Title;

(c) in Subsection 3, all other entities whose procurement is covered by this Title;

(d) in Subsection 4, the goods covered by this Title;

(e) in Subsection 5, the services, other than construction services, covered by this Title;

(f) in Subsection 6, the construction services covered by this Title; and

(g) in Subsection 7, any General Notes.

5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Appendix 1 of Annex XII (Government Procurement) of a Party to procure in accordance with particular requirements, Article 175 shall apply mutatis mutandis to such requirements.

Valuation

6. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Title.

7. A procuring entity shall include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including premiums, fees, commissions, and interest. Where the procurement provides for the possibility of option clauses, the procuring entity shall include the estimated maximum total value of the procurement, inclusive of optional purchases.

8. Where an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts (hereinafter referred to as "recurring procurements"), the calculation of the estimated maximum total value shall be based on:

(a) the total maximum value of the procurement over its entire duration; or

(b) the value of recurring procurements of the same type of good or service awarded during the preceding 12 months or preceding fiscal year of the procuring entity, adjusted, where possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or

  • Title   I Initial Provisions 1
  • Chapter   1 Essential Elements 1
  • Article   1 General Principles 1
  • Article   2 Disarmament and Non-proliferation of Weapons of Mass Destruction 1
  • Chapter   2 General Provisions 1
  • Article   3 Establishment of a Free Trade Area 1
  • Article   4 Objectives 1
  • Article   5 Relation to the WTO Agreement 1
  • Article   6 Definition of the Parties 1
  • Article   7 Trade and Economic Relations Covered by this Agreement 1
  • Article   8 Fulfilment of Obligations 1
  • Article   9 Geographical Scope of Application 1
  • Article   10 Regional Integration 1
  • Chapter   3 Definitions of General Application 1
  • Article   11 Definitions 1
  • Title   II Institutional Provisions 1
  • Article   12 Trade Committee 1
  • Article   13 Functions of the Trade Committee 1
  • Article   14 Decision-making 2
  • Article   15 Specialised Bodies 2
  • Article   16 Coordinators of the Agreement 2
  • Title   III Trade In Goods 2
  • Chapter   1 Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   17 Objective 2
  • Article   18 Scope of Application 2
  • Article   19 Definitions 2
  • Article   20 Classification of Goods 2
  • Article   21 National Treatment 2
  • Section   2 Elimination of Custom Duties 2
  • Article   22 Elimination of Customs Duties 2
  • Section   3 Non Tariff Measures 2
  • Article   23 Import and Export Restrictions 2
  • Article   24 Fees and Charges 2
  • Article   25 Duties and Taxes on Exports 2
  • Article   26 Import and Export Licensing Procedures 2
  • Article   27 State Trading Enterprises 2
  • Section   4 Agricultural Goods 2
  • Article   28 Scope of Application 2
  • Article   29 Agricultural Safeguard 2
  • Article   30 Price Band System 2
  • Article   31 System of Entry Prices 2
  • Article   32 Export Subsidies and other Equivalent Effect Measures 2
  • Article   33 Administration and Implementation of Tariff Rate Quotas 2
  • Section   5 Management of Administrative Errors 2
  • Article   34 Management of Administrative Errors 2
  • Section   6 Sub-committees 2
  • Article   35 Sub-committee on Market Access 2
  • Article   36 Sub-committee on Agriculture 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Anti-dumping and Countervailing Measures 3
  • Article   37 General Provisions 3
  • Article   38 Transparency 3
  • Article   39 Consideration of Public Interest 3
  • Article   40 Lesser Duty Rule 3
  • Article   41 Investigating Authorities 3
  • Article   42 Exclusion from the Dispute Settlement Mechanism 3
  • Section   2 Multilateral Safeguard Measures 3
  • Article   43 General Provisions 3
  • Article   44 Transparency 3
  • Article   45 Non-simultaneous Application of Safeguard Measures 3
  • Article   46 Investigating Authority 3
  • Article   47 Exclusion from Dispute Settlement Mechanism 3
  • Section   3 Bilateral Safeguard Clause 3
  • Article   48 Application of a Bilateral Safeguard Measure 3
  • Article   49 Notification and Consultations 3
  • Article   50 Type of Measures 3
  • Article   51 Investigation Procedure 3
  • Article   52 Conditions and Duration of a Measure 3
  • Article   53 Provisional Measures 3
  • Article   54 Compensation 3
  • Article   55 Re-application of a Measure 3
  • Article   56 Outermost Regions of the European Union  (15) 3
  • Article   57 Competent Authority 3
  • Chapter   3 Customs and Trade Facilitation 3
  • Article   58 Objectives 3
  • Article   59 Customs and Trade-related Procedures 3
  • Article   60 Advance Rulings 3
  • Article   61 Risk Management 3
  • Article   62 Authorised Economic Operator 3
  • Article   63 Transit 3
  • Article   64 Relations with the Business Community 3
  • Article   65 Customs Valuation 3
  • Article   66 Customs Cooperation 3
  • Article   67 Mutual Assistance 3
  • Article   68 Sub-committee on Customs, Trade Facilitation and Rules of Origin 3
  • Article   69 Technical Assistance on Customs and Trade Facilitation 4
  • Article   70 Implementation 4
  • Chapter   4 Technical Barriers to Trade 4
  • Article   71 Objectives 4
  • Article   72 Definitions 4
  • Article   73 Relationship with the Tbt Agreement 4
  • Article   74 Scope of Application 4
  • Article   75 Cooperation and Trade Facilitation 4
  • Article   76 Technical Regulations 4
  • Article   77 Standards 4
  • Article   78 Conformity Assessment and Accreditation 4
  • Article   79 Transparency and Notification Procedures 4
  • Article   80 Border Control and Market Surveillance 4
  • Article   81 Marking and Labelling 4
  • Article   82 Trade Related Technical Assistance and Capacity Building 4
  • Article   83 Sub-committee on Technical Barriers to Trade 4
  • Article   84 Exchange of Information 4
  • Chapter   5 Sanitary and Phytosanitary Measures 4
  • Article   85 Objectives 4
  • Article   86 Rights and Obligations 4
  • Article   87 Scope of Application 4
  • Article   88 Definitions 5
  • Article   89 Competent Authorities 5
  • Article   90 General Principles 5
  • Article   91 Import Requirements 5
  • Article   92 Import Procedures 5
  • Article   93 Verifications 5
  • Article   94 Measures Linked to Animal and Plant Health 5
  • Article   95 Equivalence 5
  • Article   96 Transparency and Exchange of Information 5
  • Article   97 Notification and Consultation 5
  • Article   98 Emergency Measures 5
  • Article   99 Alternative Measures 5
  • Article   100 Special and Differential Treatment 5
  • Article   101 Technical Assistance and Strengthening of the Trade Capacities 5
  • Article   102 Collaboration on Animal Welfare 5
  • Article   103 Sub-committee on Sanitary and Phytosanitary Measures 5
  • Article   104 Dispute Settlement 5
  • Chapter   6 5
  • Article   105 Movement of Goods 5
  • Chapter   7 Exceptions 5
  • Article   106 Exceptions to the Title on Trade In Goods 5
  • Title   IV Trade In Services, Establishment and Electronic Commerce 5
  • Chapter   1 General Provisions 5
  • Article   107 Objective and Scope of Application 5
  • Article   108 Definitions 5
  • Article   109 Working Groups 6
  • Chapter   2 Establishment 6
  • Article   110 Definitions 6
  • Article   111 Scope of Application 6
  • Article   112 Market Access 6
  • Article   113 National Treatment 6
  • Article   114 List of Commitments 6
  • Article   115 Other Agreements 6
  • Article   116 Investment Promotion and Review 6
  • Chapter   3 Cross-border Supply of Services 6
  • Article   117 Definitions 6
  • Article   118 Scope of Application 6
  • Article   119 Market Access 6
  • Article   120 National Treatment 6
  • Article   121 List of Commitments 6
  • Chapter   4 Temporary Presence of Natural Persons for Business Purposes 6
  • Article   122 Scope of Application 6
  • Article   123 Definitions 6
  • Article   124 Key Personnel and Graduate Trainees 6
  • Article   125 Business Services Sellers 6
  • Article   126 Contractual Services Suppliers 6
  • Article   127 Independent Professionals 7
  • Article   128 Short Term Visitors for Business Purposes 7
  • Chapter   5 Regulatory Framework 7
  • Section   1 Provisions of General Application 7
  • Article   129 Mutual Recognition 7
  • Article   130 Transparency and Disclosure of Confidential Information 7
  • Article   131 Domestic Regulation 7
  • Section   2 Computer Services 7
  • Article   132 Understanding on Computer Services 7
  • Section   3 Postal and Courier Services 7
  • Article   133 Scope of Application 7
  • Article   134 Definitions 7
  • Article   135 Prevention of Anti-competitive Practices In the Postal and Courier Services Sector 7
  • Article   136 Universal Service 7
  • Article   137 Individual Licences 7
  • Article   138 Independence of Regulatory Bodies 8
  • Section   4 Telecommunications Services 8
  • Article   139 Scope of Application 8
  • Article   140 Definitions 8
  • Article   141 Competitive Safeguards on Major Suppliers 8
  • Article   142 Additional Obligations of Major Suppliers  (56) 8
  • Article   143 Regulatory Authorities 8
  • Article   144 Authorisation to Provide Telecommunications Services 8
  • Article   145 Interconnection 8
  • Article   146 Scarce Resources 8
  • Article   147 Universal Service 8
  • Article   148 Telephone Directories 8
  • Article   149 Confidentiality of Information 8
  • Article   150 Disputes between Suppliers 8
  • Section   5 Financial Services 8
  • Article   151 Scope of Application 8
  • Article   152 Definitions 8
  • Article   153 Clearing and Payment Systems 8
  • Article   154 Prudential Carve-out 8
  • Article   155 Effective and Transparent Regulation 8
  • Article   156 New Financial Services 9
  • Article   157 Data Processing 9
  • Article   158 Recognition of Prudential Measures 9
  • Article   159 Specific Exceptions 9
  • Section   6 International Maritime Transport Services 9
  • Article   160 Scope of Application and Principles 9
  • Article   161 Definitions 9
  • Chapter   6 Electronic Commerce 9
  • Article   162 Objective and Principles 9
  • Article   163 Regulatory Aspects of Electronic Commerce 9
  • Article   164 Protection of Personal Data 9
  • Article   165 Management of Paperless Trading 9
  • Article   166 Consumer Protection 9
  • Chapter   7 Exceptions 9
  • Article   167 General Exceptions 9
  • Title   V Current Payments and Capital Movements 9
  • Article   168 Current Account 9
  • Article   169 Capital Account 9
  • Article   170 Safeguard Measures 9
  • Article   171 Final Provisions 9
  • Title   VI Government Procurement 9
  • Article   172 Definitions 9
  • Article   173 Scope of Application 9
  • Article   174 Exceptions 10
  • Article   175 General Principles 10
  • Article   176 Publication of Procurement Information 10
  • Article   177 Publication of Notices 10
  • Article   178 Conditions for Participation 10
  • Article   179 Selective Tendering 10
  • Article   180 Multi-use List  (68) 10
  • Article   181 Technical Specifications 10
  • Article   182 Tender Documentation 10
  • Article   183 Time Periods 10
  • Article   184 Negotiations 10
  • Article   185 Limited Tendering 10
  • Article   186 Electronic Auctions 10
  • Article   187 Treatment of Tenders and Award of Contracts 10
  • Article   188 Transparency of Procurement Information 10
  • Article   189 Disclosure of Information 10
  • Article   190 Domestic Review Procedures 10
  • Article   191 Modifications and Rectifications of Coverage 10
  • Article   192 Micro, Small and Medium Enterprises Participation 11
  • Article   193 Cooperation 11
  • Article   194 Sub-committee on Government Procurement 11
  • Title   VII Intellectual Property 11
  • Chapter   1 General Provisions 11
  • Article   195 Objectives 11
  • Article   196 Nature and Scope of the Obligations 11
  • Article   197 General Principles 11
  • Article   198 National Treatment 11
  • Article   199 Most Favoured Nation Treatment 11
  • Article   200 Exhaustion 11
  • Chapter   2 Protection of Biodiversity and Traditional Knowledge 11
  • Article   201 11
  • Chapter   3 Provisions Concerning Intellectual Property Rights 11
  • Section   1 Trademarks 11
  • Article   202 International Agreements 11
  • Article   203 Registration Requirements 11
  • Article   204 Registration Procedure 11
  • Article   205 Well-known Trademarks 11
  • Article   206 Exceptions to the Rights Conferred by a Trademark 11
  • Section   2 Geographical Indications 11
  • Article   207 Scope of Application of this Section 11
  • Article   208 Established Geographical Indications 11
  • Article   209 Addition of New Geographical Indications 11
  • Article   210 Scope of Protection of Geographical Indications 11
  • Article   211 Relationship with Trademarks 11
  • Article   212 General Rules 11
  • Article   213 Cooperation and Transparency 11
  • Article   214 11
  • Section   3 Copyright and Related Rights 11
  • Article   215 Protection Granted 11
  • Article   216 Moral Rights 11
  • Article   217 Collective Management Societies 12
  • Article   218 Duration of Rights of Authors 12
  • Article   219 Duration of Related Rights 12
  • Article   220 Broadcasting and Communication to the Public 12
  • Article   221 Protection of Technological Measures 12
  • Article   222 Protection of Rights Management Information 12
  • Article   223 Resale Right of Artists In Works of Arts 12
  • Section   4 Designs 12
  • Article   224 International Agreements 12
  • Article   225 Requirements for Protection of Designs  (76) 12
  • Article   226 Rights Conferred by Registration 12
  • Article   227 Term of Protection 12
  • Article   228 Exceptions 12
  • Article   229 Relationship to Copyright 12
  • Section   5 Patents 12
  • Article   230 12
  • Section   6 Protection of Data of Certain Regulated Products 12
  • Article   231 12
  • Section   7 Plant Varieties 12
  • Article   232 12
  • Section   8 Unfair Competition 12
  • Article   233 12
  • Chapter   4 Enforcement of Intellectual Property Rights 12
  • Section   1 General Provisions 12
  • Article   234 12
  • Section   2 Civil and Administrative Remedies and Procedures 12
  • Article   235 12
  • Article   236 Entitled Applicants 12
  • Article   237 Evidence 12
  • Article   238 Measures for Preserving Evidence 12
  • Article   239 Right of Information 12
  • Article   240 Provisional and Precautionary Measures 12
  • Article   241 Corrective Measures 12
  • Article   242 Injunctions 12
  • Article   243 Alternative Measures 12
  • Article   244 Damages 12
  • Article   245 Legal Costs 12
  • Article   246 Publication of Judicial Decisions 12
  • Article   247 Presumption of Authorship or Ownership 12
  • Article   248 Administrative Procedures 12
  • Article   249 Border Measures 12
  • Section   3 Liability of Intermediary Service Providers 12
  • Article   250 Use of Services of Intermediaries 13
  • Article   251 Liability of Intermediary Service Providers: "mere Conduit" 13
  • Article   252 Liability of Intermediary Service Providers: "caching" 13
  • Article   253 Liability of Intermediary Service Providers: "hosting" 13
  • Article   254 No General Obligation to Monitor 13
  • Chapter   5 Transfer of Technology 13
  • Article   255 13
  • Chapter   6 Cooperation 13
  • Article   256 13
  • Article   257 Sub-committee on Intellectual Property 13
  • Title   VIII Competition 13
  • Article   258 Definitions 13
  • Article   259 Objectives and Principles 13
  • Article   260 Competition Laws, Authorities and Policies 13
  • Article   261 Cooperation and Exchange of Information 13
  • Article   262 Notification 13
  • Article   263 Designated Monopolies and State Enterprises 13
  • Article   264 Technical Assistance 13
  • Article   265 Consultations 13
  • Article   266 Dispute Settlement 13
  • Title   IX Trade and Sustainable Development 13
  • Article   267 Context and Objectives 13
  • Article   268 Right to Regulate and Levels of Protection 13
  • Article   269 Multilateral Labour Standards and Agreements 13
  • Article   270 Multilateral Environmental Standards and Agreements 13
  • Article   271 Trade Favouring Sustainable Development 13
  • Article   272 Biological Diversity 13
  • Article   273 Trade In Forest Products 13
  • Article   274 Trade In Fish Products 14
  • Article   275 Climate Change 14
  • Article   276 Migrant Workers 14
  • Article   277 Upholding Levels of Protection 14
  • Article   278 Scientific Information 14
  • Article   279 Review of Sustainability Impacts 14
  • Article   280 Institutional and Monitoring Mechanism 14
  • Article   281 Domestic Mechanisms 14
  • Article   282 Dialogue with Civil Society 14
  • Article   283 Governmental Consultations  (93) 14
  • Article   284 Group of Experts 14
  • Article   285 Report of the Group of Experts  (95) 14
  • Article   286 Cooperation on Trade and Sustainable Development 14
  • Title   X Transparency and Administrative Proceedings 14
  • Article   287 Cooperation to Promote Transparency 14
  • Article   288 Publication 14
  • Article   289 Confidential Information 14
  • Article   290 Exchange of Information 14
  • Article   291 Administrative Proceedings 14
  • Article   292 Review and Appeal 14
  • Article   293 Transparency on Subsidies 14
  • Article   294 Specific Rules 14
  • Title   XI General Exceptions 14
  • Article   295 Security Exception 14
  • Article   296 Taxation 14
  • Article   297 Balance of Payments 14
  • Title   XII Dispute Settlement 14
  • Chapter   1 Objectives, Scope of Application and Definitions 14
  • Article   298 Objective 14
  • Article   299 Scope of Application 14
  • Article   300 Definitions 15
  • Chapter   2 Consultations 15
  • Article   301 Consultations 15
  • Chapter   3 Dispute Settlement Procedures 15
  • Article   302 Initiation of Arbitration Proceedings 15
  • Article   303 Establishment of the Arbitration Panel 15
  • Article   304 List of Arbitrators 15
  • Article   305 Objection, Removal and Substitution 15
  • Article   306 Consolidation of Arbitration Proceedings 15
  • Article   307 Arbitration Panel Ruling 15
  • Article   308 Implementation of the Arbitration Ruling 15
  • Article   309 Review of Any Measure Adopted to Comply with the Arbitration Ruling 15
  • Article   310 Temporary Remedies In Case of Non-compliance 15
  • Article   311 Review of Any Measure Adopted after the Suspension of Benefits or Compensation for Non-compliance 15
  • Article   312 Request for Clarification of a Ruling 15
  • Article   313 Suspension and Termination of Arbitration Proceedings 15
  • Chapter   4 General Provisions 15
  • Article   314 Mutually Agreed Solution 15
  • Article   315 Rules of Procedure and Code of Conduct 15
  • Article   316 Information and Technical Advice 15
  • Article   317 Rules of Interpretation 15
  • Article   318 Arbitration Panel Decisions and Rulings 15
  • Article   319 Relation with Wto Rights and Choice of Forum 15
  • Article   320 Time Limits 15
  • Article   321 Modification of the Rules of Procedure and Code of Conduct 15
  • Article   322 Mediation Mechanism 15
  • Article   323 Good Offices, Conciliation and Mediation 15
  • Title   XIII Technical Assistance and Trade-capacity Building 15
  • Article   324 Objectives 15
  • Article   325 Scope and Means 15
  • Article   326 Trade Committee Functions Regarding Cooperation Under this Title 15
  • Title   XIV Final Provisions 15
  • Article   327 Annexes, Appendices, Declarations and Footnotes 15
  • Article   328 Accession of New Member States to the European Union 15
  • Article   329 Accession to this Agreement by other Member Countries of the Andean Community 15
  • Article   330 Entry Into Force 15
  • Article   331 Duration and Withdrawal 16
  • Article   332 Depositary 16
  • Article   333 Modifications to the Wto Agreement 16
  • Article   334 Amendments 16
  • Article   335 Reservations 16
  • Article   336 Rights and Obligations Under this Agreement 16
  • Article   337 Authentic Texts 16