Each Party shall promote and facilitate the arbitral proceedings and other alternative means for the settlement of international commercial disputes between private parties.
To this end, each Party shall provide appropriate procedures to ensure the observance of international arbitration conventions ratified by each of the Parties and the recognition and enforcement of arbitral awards in such disputes.
The Council may establish an advisory committee on private commercial disputes comprising persons with expertise or experience in the resolution of private international commercial disputes. The Committee shall report to the Council and General Recommendations on the existence, use and effectiveness of arbitration and other procedures for the resolution of disputes.
Chapter XVII. Exceptions
Article 17.01. General Exceptions
Se incorporan a este Tratado y forman parte integrante del mismo el artículo XX del GATT de 1994 y sus notas interpretativas, siempre que esas medidas no se apliquen de manera que constituyan un medio de discriminación arbitraria o injustificable entre las Partes donde prevalezcan las mismas condiciones, o una restricción encubierta al comercio entre ellas.
Article 17.02. National Security
In addition to the provisions of article 17.01, nothing in this Treaty shall be construed as:
a) To require a party to furnish or allow access to information the disclosure of which it considers contrary to its essential security interests;
b) Prevent a Party from taking any action which it considers necessary to protect its essential security interests:
i) Relating to trade in arms, munitions and war materiel and trade operations and on goods, materials, technology and services undertaken directly or indirectly for the purpose of supplying a military establishment or other establishment of defence;
ii) Taken in time of war or other emergency in international relations;
iii) With regard to the implementation of national policies or international agreements in the field of non-proliferation of nuclear weapons or other nuclear explosive devices or; or
iv) Matters concerning desintegrables or those used in their manufacture;
c) To prevent any Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 17.03. Exceptions to Disclosure of Information
Nothing in this Treaty shall be construed as requiring a party to furnish or allow access to information the disclosure of which would impede the enforcement or otherwise be contrary to the Constitution or their laws concerning the protection of the privacy of individuals, the accounts and financial affairs of individual customers of financial institutions.
Part III. Institutional Provisions
Chapter XVIII. Administration of the Treaty
Article 18.01. Joint Administration Council
The Parties shall provide the Joint Council which shall be composed of government officials referred to in Annex I to this article or persons designated by them.
The Council shall have the following functions:
To ensure the fulfillment and correct application of the provisions of this Treaty;
Assess the results achieved in the implementation of the treaty monitoring and recommend to the parties any amendments;
Propose measures aimed at the proper management and development of the Treaty and its annexes;
Negotiate and adopt the liberalisation of trade in goods and services contained in the annex to article 3.04 and to chapter X (trade in services);
Contribute to the settlement of disputes that may arise regarding the interpretation and application of this Treaty;
Supervise the work of all committees and working groups or expert groups established in accordance with this Treaty and listed in annex II to this article;
Recommend to the parties the necessary measures to implement the decisions;
Establish ad hoc or standing committees, working groups and expert groups and assign functions;
Develop regulations for the development of the Treaty, which shall approve the executive agencies of the Parties in accordance with their domestic legal systems;
Consider any other matter that may affect the operation of this Treaty or any other entrusted to it by the parties; and
Establish the amounts of remuneration and expenses to be paid to the arbitrators, experts and their assistants, which will be borne in equal parts by the parties to the conflict.
The Council may:
Seek the advice of non-governmental institutions or persons without linkage; and
If the parties so agree, take any other action in the exercise of its functions.
The Council shall establish its rules and procedures and all decisions shall be taken by consensus.
The Council shall meet at least once a year in regular session and, at the request of any party, in special session. The meetings shall be chaired successively by each party.
Article 18.02. Secretariat
The Council shall establish and oversee the coordinated functioning of a secretariat comprising national sections of the Parties.
Each Party shall:
designate a permanent office or official unit which shall serve as national section of the secretariat of that Party;
Designate an official responsible for its national section, which shall be responsible for the administration of the same;
notify the Council of its national section, to which they shall send the communications.
It shall be the responsibility of the national sections:
Provide assistance to the Council;
Provide administrative support to the arbitral tribunals;
On the instructions of the Council; to support the work of other committees and groups established under this Treaty; and
Other functions assigned by the Council.
ANNEX ARTICLE 18.01 OFFICIALS OF THE COUNCIL
Officials referred to in article 18.01 are:
In the case of Costa Rica, the Minister of Foreign Trade or its successor;
In the case of El Salvador, the Minister of Finance or his successor;
In the case of Guatemala, the Minister of Finance or his successor;
In the case of Honduras, the Secretary of Commerce and Industry or its successor;
In the case of Nicaragua, the Minister of Economic Affairs and Development or its successor; and
In the case of the Dominican Republic, State Secretary of Commerce and Industry or its successor.
ANNEX II ARTICLE 18.01 COMMITTEES
Committees:
Committee on Trade in Goods.
Committee on Rules of Origin.
Committee on Customs Procedures.
Committee on Sanitary and Phytosanitary Measures.
Committee on Technical Barriers to Trade.
Committee on Trade in Services.
Committee on temporary entry of business persons. Committee on Intellectual Property.
Committee on Trade and Competition.
Chapter XIX. Transparency
Article 19.01. Information Centre
Each Party shall designate a branch or office as an information centre to facilitate communication between the parties on any matter covered by this Treaty.
When a party so requests, the Information Centre of the other party shall indicate the office or official responsible for the matter and provide the required support to facilitate communication with the requesting party.
Article 19.02. Publication
Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application relating to any matter covered by this Agreement are promptly published or otherwise made available to the parties and to any interested person.
Article 19.03. Provision of Information
Each Party, at the request of the other Party shall provide information and respond promptly to questions pertaining to any existing or proposed measure.
Article 19.04. Guarantees of Due Process of Law
The parties reaffirm the hearing of the rule of law and due process embodied in their respective laws.
Each Party shall ensure that its judicial and administrative procedures concerning the implementation of any measure affecting the provisions of this Treaty, conform to the essential elements of procedure, and it is based in the legal cause.
Chapter XX. Final Provisions
Article 20.01. Observance of the Treaty
Each Party shall ensure, in accordance with its constitutional rules, the implementation of the provisions of this treaty in their respective territories.
Article 20.02. Under other International Treaties and Agreements
The Parties confirm their rights and obligations existing between them under the WTO Agreement and other treaties and agreements to which they are party.
In the event of any inconsistency between the provisions of the treaties and agreements referred to in the preceding paragraph and the provisions of this Treaty, the latter shall prevail to the extent of the inconsistency.
Article 20.03. Evaluation of the Treaty
The Parties shall regularly assess the development of this Treaty with a view to seeking their development and consolidate the integration process in the region; promoting the active participation of the productive sectors.
Article 20.04. Amendments
The parties may agree on any amendment to this Treaty, which shall enter into force in accordance with its constitutional procedures.
Article 20.05. Accession
Any country or group of countries may accede to this agreement subject to such terms and conditions as may be agreed between such a State or group of States and the Council, and after its accession has been adopted in accordance with the applicable legal procedures of each of them.
Accession shall enter into force as specified in the corresponding instrument.
Article 20.06. Reservations
This Treaty shall not be subject to reservations and interpretative declarations.
Article 20.07. Duration
1. This Treaty shall enter into force on 1 January 1999, once the parties shall exchange their respective instruments of ratification certifying that they have completed the necessary legal procedures.
2. In the case of Nicaragua for entry into force of the Treaty shall require that have been ratified by the Assembly protocols referred to in chapter III (National Treatment and access of goods to the market), chapter IV (rules of origin).
Article 20.08. Succession of Treaties
Any reference to any other treaty or international agreement shall be made on the same terms for a treaty or a successor agreement to which the parties are party.
Article 20.09. Annexes
The annexes to this Agreement constitute an integral part of it.
Article 20.10. Denunciation
Any Party may denounce this Treaty. Denunciation shall take effect one hundred and eighty (180) days after information to the other party without prejudice to that the parties may agree on a different period.
In the case of accession of a State or group of States pursuant to article 2005 however, that a Party has denounced the Treaty, it shall remain in force for the other parties.
In the event of a complaint, the Treaty shall remain in force for the other parties, provided that a reservation is Dominican Republic.
Conclusion
In WITNESS WHEREOF the Presidents of the Republics of Costa Rica, El Salvador, Honduras, Nicaragua and the Dominican Republic and the Minister of Economy of Guatemala duly accredited with full powers, signed this Treaty in Santo Domingo, Dominican Republic, 10 and 6 April 1998.
Jose Maria Figueres Olsen President of the Republic of Costa Rica
Carlos Roberto Flores President of the Republic of Honduras
Leonel Fernández Reyna, President of the Dominican Republic
Armando Calderón Sol President of the Republic of El Salvador
Arnoldo Alemán Lacayo President of the Republic of Nicaragua
Juan Mauritius Wurmser Minister of the economy of the Republic of Guatemala