Mexico - Panama FTA (2014)
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Article 12.2. Scope of Application

1. This Chapter shall apply to:

(a) measures that a Party adopts or maintains relating to access to, and use of, public telecommunications networks or services;

(b) measures adopted or maintained by a Party relating to obligations of suppliers of public telecommunications networks or services; and

(c) other measures that a Party adopts or maintains relating to public telecommunications networks or services. (3)

2. This Chapter shall not apply to measures that a Party adopts or maintains relating to the broadcasting and cablecasting of radio or television programming intended for the public, except to ensure that enterprises providing such services have continued access to and use of public telecommunications networks and services as set out in Article 12.3.

3. Nothing in this Chapter shall be construed to:

(a) obligating a Party, or obligating a Party to require any enterprise, to establish, construct, acquire, lease, operate or supply public telecommunications networks or services, where such networks or services are not offered to the general public; or

(b) require a Party to require any enterprise engaged exclusively in the broadcasting or cablecasting of radio or television programming to make its broadcasting or cablecasting facilities available as a public telecommunications network.

4. Furthermore, this Chapter shall not be construed to prevent a Party from prohibiting persons operating private networks from using their networks to provide public telecommunications networks or services to third persons.

(3) For greater certainty, this Chapter does not impose obligations with respect to value-added services, which shall be subject to the domestic law of each Party. Value-added services may be defined and authorized by each Party in its territory.

Article 12.3. Access to and Use of Public Telecommunications Networks and Services

1. Subject to a Party's right to restrict the supply of a service in accordance with the reservations set out in its Schedules to Annexes I and II, a Party shall ensure that enterprises supplying telecommunications services of the other Party have access to and may use public telecommunications networks or services offered in its territory or on a cross-border basis on reasonable and non-discriminatory terms and conditions, including, inter alia, as set out in paragraphs 2 through 6.

2. Each Party shall ensure that such enterprises are permitted to:

(a) purchase or lease and connect terminals or other equipment interfacing with public telecommunications networks;

(b) supply services to individual or multiple end-users over owned or leased circuits;

(c) to interconnect privately owned or leased circuits with that Party's public telecommunications networks and services, or with circuits leased or owned by another enterprise; and

(d) perform switching, signaling, processing, and conversion functions; and use operating protocols of its choice.

3. Each Party shall ensure that enterprises of the other Party may use public telecommunications networks and services to transmit information in its territory or across its borders, and to access information contained in databases or otherwise stored in machine-readable form in the territory of either Party.

4. Notwithstanding paragraph 3, a Party may take measures necessary to:

(a) ensure the security and confidentiality of messages, or.

(b) protect the privacy of personal data of telecommunications end-users;

provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.

5. Each Party shall ensure that no conditions are imposed on access to and use of public telecommunications networks or services other than those deemed necessary to:

(a) safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their networks or services available to the general public;

(b) protect the technical integrity of public telecommunications networks or services; or

(c) ensuring that service suppliers of the other Party do not supply services that are restricted by the reservations listed by the Parties in their Schedules to Annexes I and II.

6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and use of public telecommunications networks or services may include:

(a) a requirement to use specific technical interfaces, including interface protocols, for interconnection with such networks and services;

(b) requirements, where necessary, for the interoperability of such services;

(c) type approval or approval of terminal equipment or other equipment interfacing with the network and technical requirements relating to the connection of such equipment to such networks; and

(d) restrictions on the interconnection of privately owned or leased circuits with such networks or services, or with circuits owned or leased by another company.

7. Nothing in this Article shall prevent a Party from requiring notification, license, concession, permit, registration, or other authorization for an enterprise to supply any type of public telecommunications service in its territory.

Article 12.4. Procedures Regarding Authorizations

1. Where a Party requires a supplier of public telecommunications services to have a license, concession, permit, registration, or other type of authorization to supply public telecommunications networks or services, the Party shall make publicly available:

(a) all applicable criteria and procedures for the granting of the license or concession, permit, registration or other type of authorization;

(b) the time period normally required to make a decision with respect to an application for a license, concession, permit, registration or other type of authorization; and

(c) the terms and conditions of all licenses, concessions, permits, registrations or other types of authorizations it has issued.

2. The Party shall ensure that, upon request of the applicant, the reasons for a decision denying a license, concession, permit, registration or other type of authorization are communicated to the applicant, in accordance with the procedures of each Party.

Article 12.5. Behavior of Dominant Suppliers (4)

Treatment of Dominant Suppliers

1. Each Party shall ensure that dominant suppliers in its territory accord to public telecommunications service suppliers of the other Party treatment no less favorable than that accorded by such suppliers, in like circumstances, to their subsidiaries, their affiliates or non-affiliated service suppliers, with respect to:

(a) the availability, supply, rates, or quality of like public telecommunications networks or services; and

(b) the availability of technical interfaces necessary for interconnection.

Competitive Safeguards

1. Each Party shall maintain appropriate measures to prevent suppliers that, individually or jointly, are dominant suppliers in its territory from employing or continuing to employ anti-competitive practices.

2. The anticompetitive practices referred to in paragraph 1 include:

(a) engaging in anticompetitive cross-subsidization activities;

(b) using information obtained from competitors with anticompetitive results, and

(c) failing to make available to other suppliers of public telecommunications services, in a timely manner, technical information on the essential elements and commercially relevant information that they need to supply public telecommunications services.

Interconnection with Dominant or Major Suppliers

A. General Terms and Conditions

1. Each Party shall ensure that a dominant or major supplier provides interconnection:

(a) at any technically feasible point in the network;

(b) on terms, conditions (including technical standards and specifications), and at rates that are non-discriminatory with respect to other suppliers;

(c) of a quality no less favorable than that supplied to its own similar services, to similar services of unaffiliated service providers of its subsidiaries or other affiliates;

(d) in a timely manner, on terms, conditions (including technical standards and specifications), and at cost-oriented rates that:

(i) are transparent and reasonable, taking into account economic feasibility; and.

(ii) are sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the services to be provided; and

(e) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges reflecting the cost of constructing the necessary additional facilities.

B. Interconnection Options

2. Each Party shall ensure that suppliers of public telecommunications services of the other Party may interconnect their facilities and equipment with those of dominant suppliers in its territory in accordance with at least one of the following options:

(a) a reference interconnection offer or other standard interconnection offer containing rates, terms and conditions that dominant suppliers offer to suppliers of public telecommunications services;

(b) the terms and conditions of an existing interconnection agreement; or

(c) through the negotiation of a new interconnection agreement.

C. Public Availability of Interconnection Negotiation Procedures

3. Each Party shall make publicly available the applicable procedures for interconnection negotiations with dominant suppliers in its territory.

D. Public Availability of Interconnection Agreements Concluded with Dominant Suppliers

4. Each Party shall require dominant suppliers in its territory to register all Interconnection Agreements to which they are a party with its telecommunications regulatory body or other competent regulatory body.

5. Each Party shall make publicly available the Interconnection Agreements in force concluded between dominant suppliers in its territory and any other suppliers of public telecommunications services in its territory.

(4) This Article shall apply with respect to suppliers of commercial mobile services once they are defined as dominant or major suppliers. Furthermore, this Article does not affect any rights and obligations that a Party may have under the GATS and nothing in this Article shall be construed to prevent a Party from imposing the requirements set out in this Article on commercial mobile service suppliers.

Article 12.6. Supply and Pricing of Leased Circuits

1. Each Party shall ensure that dominant or major suppliers in its territory supply leased circuits, which are public telecommunications services, to enterprises of the other Party on terms, conditions, and rates that are reasonable and nondiscriminatory.

2. For the purposes of paragraph 1, each Party shall give its telecommunications regulatory body the authority to require dominant or major suppliers in its territory to offer leased circuits to enterprises of the other Party at flat-rate or capacity-based, cost-oriented prices.

Article 12.7. Co-location

1. Each Party shall ensure that dominant or major suppliers in its territory provide to suppliers of public telecommunications services of the other Party the physical co-location of equipment necessary to interconnect with or access unbundled network elements on reasonable, non-discriminatory, and transparent terms, conditions, and cost-oriented rates.

2. Where physical co-location is not feasible for technical reasons or due to space limitations, each Party shall ensure that dominant or major suppliers in its territory provide an alternative solution, such as facilitating virtual co-location, on reasonable, non-discriminatory and transparent terms, conditions and cost-oriented tariffs.

3. Each Party may specify, in accordance with its domestic laws and regulations, the elements subject to paragraphs 1 and 2.

Article 12.8. Access to Poles, Ducts, Pipelines, and Rights-of-Way

Each Party shall ensure that dominant suppliers in its territory provide access to its poles, ducts, conduits, and rights-of-way to suppliers of public telecommunications services of the other Party on terms, conditions, and rates that are reasonable and non-discriminatory.

Article 12.9. Resale

Each Party shall ensure that dominant suppliers in its territory:

(a) offer for resale, at reasonable rates (5), to suppliers of public telecommunications services of the other Party, public telecommunications services that such dominant suppliers supply at retail to end-users; and

(b) do not impose discriminatory or unjustifiable conditions or limitations on the resale of such services. (6)

(5) A Party may determine reasonable rates through any methodology it considers appropriate.
(6) Where its domestic law or regulation so provides, a Party may prohibit a reseller that obtains, at wholesale rates, a public telecommunications service that is available at the retail level only to a limited category of users from offering that service to a different category of users.

Article 12.10. Unbundling of Network Elements

1. Each Party shall give its telecommunications regulatory body the authority to require dominant suppliers in its territory to provide to suppliers of public telecommunications services of the other Party access to network elements on an unbundled basis on reasonable, non-discriminatory, and transparent terms, conditions, and cost-oriented rates for the supply of public telecommunications services.

2. Each Party may determine which network elements shall be available in its territory and which suppliers may obtain such elements, in accordance with its domestic laws and regulations.

Article 12.11. Interconnection

1. Each Party shall ensure that suppliers of public telecommunications services in its territory provide, directly or indirectly, interconnection to suppliers of public telecommunications services of the other Party.

2. Each Party shall give its telecommunications regulatory body the authority to require interconnection at cost-oriented rates, provided that there is no agreement between suppliers of public telecommunications services.

3. Each Party shall provide its telecommunications regulatory body with the authority to require suppliers of public telecommunications services to register their Interconnection Agreements.

4. For purposes of paragraph 1, each Party shall ensure that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end-users of public telecommunications services, and only use such information to provide those services.

Article 12.12. Number Portability

Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability in a timely manner and on reasonable and non-discriminatory terms and conditions.

Article 12.13. Dialing Parity

Each Party shall ensure that suppliers of public telecommunications services of the other Party are afforded non-discriminatory access to the dialing format of each Party's telephone numbers.

Article 12.14. Flexibility In Choice of Technologies

1. No Party may prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, including mobile wireless services, subject to the technical regulations in force in each Party.

2. Nothing in this Article shall be construed to prevent the regulatory body from requiring an additional license or other appropriate authorization to provide such public telecommunications service if an operator intends to provide a service different from that for which it was authorized.

Article 12.15. Universal Service

1. Each Party has the right to define the kind of universal service obligations it wishes to adopt or maintain.

2. Each Party shall administer any universal service obligation it adopts or maintains in a transparent, non-discriminatory, and competitively neutral manner, and shall ensure that any universal service obligation is not more burdensome than necessary for the type of universal service defined by the Party.

Article 12.16. Allocation, Assignment, and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation, assignment, and use of scarce telecommunications resources, including frequencies, numbers, and rights of way, in an objective, timely, transparent, and nondiscriminatory manner, except for those related to governmental uses.

2. A Party's measures relating to spectrum allocation and assignment and frequency management are not per se inconsistent with Article 9.4 (Market Access), which applies to cross-border trade in services, and Chapter 10 (Investment) as provided in Article 9.2 (Scope of Application).

3. Accordingly, each Party retains the right to establish, implement, and maintain spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications services, provided that this is done in a manner consistent with other provisions of this Agreement. Likewise, each Party retains the right to allocate and assign frequency bands taking into account present and future needs and spectrum availability.

4. Each Party shall make available to the public the current status of allocated and assigned frequency bands but shall not be obliged to provide detailed identification of allocated and assigned frequencies for specific governmental uses.

5. When allocating spectrum for non-governmental telecommunications services, each Party shall endeavor to rely on an open and transparent public comment process that considers the public interest. Each Party shall seek to rely, in general, on market-based approaches in assigning spectrum for terrestrial nongovernmental telecommunications services.

Article 12.17. Regulatory Authority

1. Each Party shall ensure that its telecommunications regulatory authority is independent and separate from and not accountable to any supplier of public telecommunications services.

2. To this end, each Party shall ensure that its telecommunications regulatory authority has no financial interest in, and no operational role in, any supplier of public telecommunications services.

3. Each Party shall ensure that the decisions and procedures of its regulatory authority are impartial with respect to all market participants. To this end, each Party shall ensure that any financial interest that the Party has in a supplier of public telecommunications services does not influence the decisions and procedures of its regulatory authority for telecommunications.

4. No Party shall accord to a supplier of public telecommunications services more favorable treatment than that accorded to a like supplier of the other Party on the ground that the supplier receiving the more favorable treatment is owned in whole or in part by the national government of either Party.

Article 12.18. Domestic Telecommunications Dispute Settlement

Each Party shall ensure that domestic dispute settlement mechanisms are in place, in accordance with its domestic legislation in force.

Article 12.19. Transparency

In addition to the provisions of Chapter 16 (Transparency), each Party shall ensure that:

(a) regulation established by the telecommunications regulatory authority, including the basis for such regulation, is promptly published or made available to the public;

(b) interested persons are provided, to the extent practicable, by adequate advance public notice, with an opportunity to comment on any regulation proposed by the telecommunications regulatory authority; and

(c) measures relating to public telecommunications networks or services are made available to the public, including measures relating to:

(i) tariffs and other terms and conditions of service;

(ii) technical interface specifications;

(iii) conditions for the connection of terminal or other equipment to the public telecommunications network;

(iv) notification, licensing, permit, registration or other authorization requirements, if any;

(v) information on the bodies responsible for the development, modification, and adoption of measures related to standardization or standards affecting access and use; and

(vi) the procedures related to the settlement of telecommunication disputes referred to in Article 12.18.

Article 12.20. Relationship with other Chapters

In the event of any inconsistency between this Chapter and another Chapter in this Agreement, this Chapter shall prevail to the extent of the inconsistency.

Article 12.21. International Standards and Organizations

The Parties recognize the importance of international standards for the global compatibility and interoperability of telecommunications networks or services, and undertake to promote these standards through the work of relevant international organizations, including the International Telecommunication Union and the International Organization for Standardization.

Chapter 13. ENTRY AND TEMPORARY STAY OF BUSINESS PERSONS

Article 13.1. Definitions

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

business activities: those legitimate activities of a commercial nature created and operated for the purpose of obtaining profits in the market. It does not include the possibility of obtaining employment, nor salary or remuneration from a labor source in the territory of the other Party;

temporary entry: the entry of a business person of one Party into the territory of the other Party, without the intention of establishing temporary and permanent residence;

executive functions: those functions assigned within an organization, under which the person has primarily the following responsibilities:

(a) directing the administration of the organization or a relevant component or function thereof;

(b) to establish the policies and objectives of the organization, component or function; or

(c) receive general supervision or direction only from higher-level executives, the organization's board of directors or board of trustees, or the organization's shareholders;

managerial functions: those functions assigned within an organization, under which the person has primarily the following responsibilities:

(a) directing the organization or an essential function within the organization;

(b) supervising and controlling the work of other professional employees, supervisors or managers;

(c) to have the authority to hire and fire, or recommend such actions, as well as other actions with respect to the management of personnel being directly supervised by that person and to perform functions at a higher level within the organizational hierarchy or with respect to the function for which he or she is responsible; or

(d) perform actions at his or her discretion with respect to the day-to-day operation of the function over which that person has authority;

functions involving specialized knowledge: those functions that involve special knowledge of the merchandise, services, research, equipment, techniques, administration of the organization or its interests and their application in international markets, or an advanced level of knowledge or experience in the organization's processes and procedures;

immigration measure: any law, regulation, procedure, provision, requirement or practice that regulates the entry, stay and departure of foreigners;

national: as defined in Article 2.1 (Definitions of General Application);

business person: a national of a Party who engages in trade in goods or services, or in investment activities in the other Party. It does not include the possibility of obtaining employment or wages or remuneration from a labor source in the territory of the other Party;

  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of the Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relationship to other Treaties and International Agreements 1
  • Article   1.4 Enforcement of the Treaty 1
  • Article   1.5 Succession of Treaties 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   2.1 Definitions of General Application 1
  • Annex 2.1  COUNTRY-SPECIFIC DEFINITIONS 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitions and Scope of Application 1
  • Article   3.1 Definitions 1
  • Article   3.2 Scope of Application 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariff Elimination 1
  • Article   3.4 Tariff Elimination 1
  • Section   D Special Regimes 2
  • Article   3.5 Waiver of Customs Duties 2
  • Article   3.6 Temporary Admission or Importation of Goods 2
  • Article   3.7 Goods Reimported after Repair or Alteration 2
  • Article   3.8 Duty-Free Importation of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   E Non-Tariff Measures 2
  • Article   3.9 Import and Export Restrictions 2
  • Article   3.10 Import Licenses or Permits 2
  • Article   3.11 Administrative Burdens and Formalities 2
  • Article   3.12 Export Taxes 2
  • Section   F Other Measures 2
  • Article   3.13 Customs Valuation 2
  • Section   G Agriculture 2
  • Article   3.14 Scope of Application 2
  • Article   3.15 Domestic Support Measures for Agricultural Products 2
  • Article   3.16 Agricultural Export Subsidies 2
  • Section   H Committee on Trade In Goods 2
  • Article   3.17 Committee on Trade In Goods 2
  • Chapter   4 RULES OF ORIGIN AND CUSTOMS PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Wholly Obtained or Wholly Produced Goods 2
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Value of Materials 3
  • Article   4.6 Minimum Operations or Processes 3
  • Article   4.7 Intermediate Material 3
  • Article   4.8 Cumulation 3
  • Article   4.9 De Minimis 3
  • Article   4.10 Fungible Goods or Materials 3
  • Article   4.11 Accessories, Spare Parts and Tools 3
  • Article   4.12 Retail Containers and Packaging Materials 3
  • Article   4.13 Packing Materials and Shipping Containers 3
  • Article   4.14 Indirect Materials 3
  • Article   4.15 Third Country Goods 3
  • Article   4.16 Sets of Goods 3
  • Article   4.17 Transshipment and Direct Shipment or International Transit 3
  • Section   B Customs Procedures 3
  • Article   4.18 Certification of Origin 3
  • Article   4.19 Duplicate Certificate of Origin 3
  • Article   4.20 Obligations Regarding Imports 3
  • Article   4.21 Obligations Regarding Exports 3
  • Article   4.22 Record Keeping Requirements 3
  • Article   4.23 Exceptions to the Obligation to Present the Certificate of Origin 3
  • Article   4.24 Invoicing by a Third Country Operator 4
  • Article   4.25 Procedures to Verify Origin 4
  • Article   4.26 Review and Challenge 4
  • Article   4.27 Confidentiality 4
  • Article   4.28 Sanctions 4
  • Article   4.29 Committee on Rules of Origin, Customs Procedures, Trade Facilitation, and Customs Cooperation 4
  • Chapter   5 TRADE FACILITATION AND CUSTOMS COOPERATION 4
  • Article   5.1 Definitions 4
  • Section   A Trade Facilitation 4
  • Article   5.2 Publication 4
  • Article   5.3 Clearance of Goods 4
  • Article   5.4 Automation 4
  • Article   5.5 Risk Administration or Risk Management 4
  • Article   5.6 Expedited Delivery Shipments 4
  • Article   5.7 Authorized Economic Operator 4
  • Article   5.8 Single Window for Foreign Trade 4
  • Article   5.9 Means of Challenge 4
  • Article   5.10 Sanctions 4
  • Article   5.11 Advance Rulings 4
  • Section   B Cooperation and Mutual Assistance In Customs Matters 4
  • Article   5.12 Scope of Application 4
  • Article   5.13 Customs Cooperation 5
  • Article   5.14 Mutual Assistance 5
  • Article   5.15 Form and Content of Mutual Assistance Requests 5
  • Article   5.16 Execution of Requests 5
  • Article   5.17 Exceptions to the Obligation to Provide Mutual Assistance 5
  • Article   5.18 Files, Documents and other Materials 5
  • Article   5.19 Use of Information and Confidentiality 5
  • Article   5.20 Costs 5
  • Article   5.21 Compliance Verification Process 5
  • Chapter   6 TRADE DEFENSE 5
  • Section   A Bilateral Safeguard Measures 5
  • Article   6.1 Definitions 5
  • Article   6.2 Bilateral Safeguard Measures 5
  • Article   6.3 Investigation Procedures 5
  • Article   6.4 Provisional Bilateral Safeguard Measures 5
  • Article   6.5 Notification and Consultation 5
  • Article   6.6 Compensation for Bilateral Safeguard Measures 5
  • Section   B Global Safeguard Measures 6
  • Article   6.7 Global Safeguard Measures 6
  • Section   C Antidumping and Countervailing Measures 6
  • Article   6.8 Antidumping and Countervailing Measures 6
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 6
  • Article   7.1 Definitions 6
  • Article   7.2 Objectives 6
  • Article   7.3 Scope of Application 6
  • Article   7.4 Rights and Obligations 6
  • Article   7.5 Transparency 6
  • Article   7.6 Approval of Establishments 6
  • Article   7.7 Expedited Mechanism for Addressing Specific Trade Concerns. 6
  • Article   7.8 Committee on Sanitary and Phytosanitary Measures 6
  • Article   7.9 Technical Cooperation 6
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 6
  • Article   8.1 Definitions 6
  • Article   8.2 Objectives 6
  • Article   8.3 Rights and Obligations 6
  • Article   8.4 Compliance with Recommendations of the Committee on Technical Barriers to Trade of the WTO 6
  • Article   8.5 Scope of Application 6
  • Article   8.6 Use of International Standards 6
  • Article   8.7 Technical Regulations 6
  • Article   8.8 Conformity Assessment 6
  • Article   8.9 Transparency 6
  • Article   8.10 Regulatory Cooperation 6
  • Article   8.11 Cooperation and Technical Assistance 6
  • Article   8.12 Committee on Technical Barriers to Trade 7
  • Article   8.13 Technical Consultations 7
  • Article   8.14 Exchange of Information 7
  • Article   8.15 Sectoral Annexes 7
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope of Application 7
  • Article   Article 9.3: Most-Favored-Nation Treatment 7
  • Article   Article 9.4: Market Access 7
  • Article   9.5 National Treatment 7
  • Article   9.6 Local Presence 7
  • Article   9.7 Nonconforming Measures 7
  • Article   9.8 Domestic Regulation 7
  • Article   9.9 Recognition 7
  • Article   9.10 Denial of Benefits 7
  • Article   9.11 Transfers and Payments 7
  • Article   9.12 Transparency 7
  • Article   9.13 Subsidies 7
  • Article   9.14 Complementary Services 7
  • Article   9.15 Trade In Services Statistics 7
  • Annex 9.9  PROFESSIONAL SERVICES 7
  • Chapter   10 INVESTMENT 8
  • Section   A General Provisions 8
  • Article   10.1 Definitions 8
  • Article   10.2 Scope of Application 8
  • Section   B Substantive Obligations 8
  • Article   10.3 National Treatment 8
  • Article   10.4 Most-Favored-Nation Treatment 8
  • Article   10.5 Minimum Standard of Treatment 8
  • Article   10.6 Senior Executives and Boards of Directors 8
  • Article   10.7 Performance Requirements 8
  • Article   Article 10.8: Nonconforming Measures 8
  • Article   10.9 Environmental Measures 8
  • Article   10.10 Treatment In the Event of a Dispute 9
  • Article   10.11 Expropriation and Compensation (6) 9
  • Article   10.12 Transfers 9
  • Article   10.13 Special Formalities and Reporting Requirements 9
  • Article   10.14 Subrogation 9
  • Article   10.15 Denial of Benefits 9
  • Section   C Investor-State Dispute Settlement 9
  • Article   10.16 Consultation and Negotiation 9
  • Article   10.17 Submission of a Claim to Arbitration 9
  • Article   10.18 Consent of Each Party to Arbitration 9
  • Article   10.19 Conditions and Limitations on Each Party's Consent 9
  • Article   10.20 Selection of Arbitrators 9
  • Article   10.21 Conduct of the Arbitration 9
  • Article   10.22 Transparency In Arbitral Proceedings 9
  • Article   10.23 Applicable Law 9
  • Article   10.24 Interpretation of Annexes 9
  • Article   10.25 Expert Reports 9
  • Article   10.26 Consolidation of Proceedings 9
  • Article   10.27 Awards 10
  • Article   10.28 Finality and Enforcement of an Award 10
  • Article   10.29 Service of Documents 10
  • Annex 10.5  CUSTOMARY INTERNATIONAL LAW 10
  • Annex 10.11  EXPROPRIATION AND COMPENSATION 10
  • Annex 10.21  SUBMISSIONS BY PERSONS OR ENTITIES THAT ARE NOT DISPUTING PARTIES 10
  • Annex 10.29  SERVICE OF DOCUMENTS 10
  • Chapter   11 FINANCIAL SERVICES 10
  • Article   11.1 Definitions 10
  • Article   11.2 Scope of Application 10
  • Article   11.3 National Treatment 11
  • Article   11.4 Most-Favored-Nation Treatment 11
  • Article   11.5 Recognition of Prudential Measures 11
  • Article   11.6 Right of Establishment 11
  • Article   11.7 Cross-Border Trade 11
  • Article   11.8 New Financial Services 11
  • Article   11.9 Treatment of Certain Types of Information 11
  • Article   11.10 Senior Executives and Boards of Directors or Boards of Directors 11
  • Article   11.11 Nonconforming Measures 11
  • Article   11.12 Exceptions 11
  • Article   11.13 Transparency 11
  • Article   11.14 Self-Regulatory Organizations 11
  • Article   11.15 Payment and Clearing Systems 11
  • Article   11.16 Financial Services Committee 11
  • Article   11.17 Consultations 11
  • Article   11.18 Data Processing 11
  • Article   11.19 Settlement of Disputes between Parties 11
  • Article   11.20 Financial Services Investment Disputes 11
  • Annex 11.17  CROSS-BORDER TRADE 11
  • Annex 11.16  FINANCIAL SERVICES COMMITTEE 11
  • Chapter   12 TELECOMMUNICATIONS 11
  • Article   12.1 Definitions 11
  • Article   12.2 Scope of Application 12
  • Article   12.3 Access to and Use of Public Telecommunications Networks and Services 12
  • Article   12.4 Procedures Regarding Authorizations 12
  • Article   12.5 Behavior of Dominant Suppliers (4) 12
  • Article   12.6 Supply and Pricing of Leased Circuits 12
  • Article   12.7 Co-location 12
  • Article   12.8 Access to Poles, Ducts, Pipelines, and Rights-of-Way 12
  • Article   12.9 Resale 12
  • Article   12.10 Unbundling of Network Elements 12
  • Article   12.11 Interconnection 12
  • Article   12.12 Number Portability 12
  • Article   12.13 Dialing Parity 12
  • Article   12.14 Flexibility In Choice of Technologies 12
  • Article   12.15 Universal Service 12
  • Article   12.16 Allocation, Assignment, and Use of Scarce Resources 12
  • Article   12.17 Regulatory Authority 12
  • Article   12.18 Domestic Telecommunications Dispute Settlement 12
  • Article   12.19 Transparency 12
  • Article   12.20 Relationship with other Chapters 12
  • Article   12.21 International Standards and Organizations 12
  • Chapter   13 ENTRY AND TEMPORARY STAY OF BUSINESS PERSONS 12
  • Article   13.1 Definitions 12
  • Article   13.2 General Principles 13
  • Article   13.3 Scope of Application 13
  • Article   13.4 General Obligations 13
  • Article   13.5 Temporary Entry Authorization 13
  • Article   13.6 Provision of Information 13
  • Article   13.7 Dispute Settlement 13
  • Article   13.8 Relationship to other Chapters 13
  • Annex 13.5  TEMPORARY ENTRY OF BUSINESS PERSONS 13
  • Section   A Business Visitors 13
  • Section   B Traders and Investors (1) 13
  • Section   C Transfers of Personnel Within an Enterprise (2) 13
  • Section   D Persons Engaged In a Specialty Occupation (3) 13
  • Appendix 13.5.1  BUSINESS VISITORS 13
  • Chapter   14 ELECTRONIC COMMERCE 13
  • Article   14.1 Definitions 13
  • Article   14.2 Scope of Application 13
  • Article   14.3 General Provisions 13
  • Article   14.4 Customs Duties 13
  • Article   14.5 Transparency 13
  • Article   14.6 Consumer Protection 13
  • Article   14.7 Paperless Trade Administration 13
  • Article   14.8 Protection of Personal Data 13
  • Article   14.9 Authentication and Certification 13
  • Article   14.10 Cross-Border Flow of Information 13
  • Article   14.11 Cooperation 14
  • Article   14.12 Organization 14
  • Article   14.13 Relation with other Chapters 14
  • Chapter   15 INTELLECTUAL PROPERTY 14
  • Article   15.1 Definitions 14
  • Article   15.2 Basic Principles 14
  • Article   Article 15.3: General Provisions 14
  • Article   15.4 Marks 14
  • Article   15.5 Geographical Indications, Appellations of Origin, and Indications of Source. 14
  • Article   15.6 Content of the Protection of Geographical Indications, Appellations of Origin, and Indications of Source 14
  • Article   15.17 Distinctive Goods 14
  • Article   15.8 Plant Varieties 14
  • Article   15.9 Copyright and Related Rights 14
  • Article   15.10 Enforcement 14
  • Article   15.11 Cooperation, Science and Technology 14
  • Chapter   16 TRANSPARENCY 14
  • Article   16.1 Definitions 14
  • Article   16.2 Contact Points 14
  • Article   16.3 Publication 14
  • Article   16.4 Notification, Provision of Information, and Confidentiality 14
  • Article   16.5 Hearing, Legality, and Due Process Guarantees 14
  • Article   16.6 Administrative Proceedings 14
  • Article   16.7 Review and Challenge 14
  • Annex 16.2   CONTACT POINTS 14
  • Chapter   17 ADMINISTRATION OF THE TREATY 14
  • Article   17.1 Administrative Commission 14
  • Article   17.2 Free Trade Agreement Coordinators 15
  • Article   17.3 Administration of Dispute Settlement Procedures 15
  • Annex 17.1   OFFICERS OF THE ADMINISTRATIVE COMMISSION 15
  • Annex 17.2   FREE TRADE AGREEMENT COORDINATORS 15
  • Annex 17.3   REMUNERATION AND PAYMENT OF EXPENSES 15
  • Chapter   18 DISPUTE RESOLUTION 15
  • Article   18.1 Definitions 15
  • Article   18.2 Cooperation 15
  • Article   18.3 Scope of Application 15
  • Article   18.4 Choice of Forum 15
  • Article   18.5 Perishable Goods 15
  • Article   18.6 Consultations 15
  • Article   18.7 Intervention by the Administrative Commission - Good Offices, Conciliation and Mediation 15
  • Article   18.8 Request for the Establishment of the Arbitral Panel 15
  • Article   18.9 Panels and Qualifications of Panelists 15
  • Article   18.10 Membership of the Arbitral Panel 15
  • Article   18.11 Model Rules of Procedure 15
  • Article   18.12 Information and Technical Advice 15
  • Article   18.13 Suspension or Termination of Proceedings 15
  • Article   18.14 Preliminary Report 16
  • Article   18.15 Final Report 16
  • Article   18.16 Compliance with the Final Report 16
  • Article   18.17 Non-performance and Suspension of Benefits 16
  • Article   18.18 Review of Suspension of Benefits or Compliance 16
  • Article   18.19 Judicial and Administrative Proceedings 16
  • Article   18.20 Rights of Individuals 16
  • Article   18.21 Alternative Means of Dispute Settlement 16
  • Annex 18.3   ANNULMENT AND IMPAIRMENT 16
  • Chapter   19 EXCEPTIONS 16
  • Article   19.1 Definitions 16
  • Article   19.2 General Exceptions 16
  • Article   19.3 National Security 16
  • Article   19.4 Disclosure of Information 16
  • Article   19.5 Taxation 16
  • Article   19.6 Balance of Payments 16
  • Annex 19.5   COMPETENT AUTHORITIES 16
  • Chapter   20 FINAL PROVISIONS 16
  • Article   20.1 Annexes, Appendices and Footnotes 16
  • Article   20.2 Entry Into Force 16
  • Article   20.3 Reservations and Interpretative Declarations 16
  • Article   20.4 Amendments 16
  • Article   20.5 Accession 16
  • Article   20.6 Denunciation 16
  • Article   20.7 Termination of Partial Scope Agreement No. 14 16
  • Article   20.8 Termination of the Agreement between the United Mexican States and the Republic of Panama for the Reciprocal Promotion and Protection of Investment 16
  • Article   20.9 Future Negotiations 16
  • Annex I   INTERPRETATIVE NOTES 16
  • Annex I   SCHEDULE OF MEXICO. HORIZONTAL NOTES 17
  • Annex I   SCHEDULE OF MEXICO 17
  • Annex I   STATE RESERVATIONS. SCHEDULE OF MEXICO 21
  • Annex I   SCHEDULE OF PANAMA 26
  • Annex II   INTERPRETATIVE NOTES 29
  • Annex II   SCHEDULE OF MEXICO 29
  • Annex II   SCHEDULE OF PANAMA 30