Mexico - Panama FTA (2014)
Previous page Next page

1. The Arbitration Panel shall issue a preliminary report based on the applicable provisions of this Agreement, the arguments and submissions made by the disputing Parties, and any information it has received pursuant to Article 18.12.

2. Unless the disputing Parties agree otherwise, the Arbitration Panel shall, within 90 days of the establishment of the Panel, notify the disputing Parties of a preliminary report containing:

(a) findings of fact, including any arising from a request pursuant to Article 18.11(7);

(b) a determination as to whether the measure at issue is inconsistent with the obligations under this Agreement, or is a cause for nullification or impairment within the meaning of Annex 18.3 or any other determination requested in the terms of reference; and

(c) the draft final report and its recommendations, if any, for the resolution of the dispute.

3. The Arbitral Panel shall not disclose any confidential information in its report, but may state conclusions derived from such information.

4. Where the Arbitration Panel considers that it cannot issue its preliminary report within 90 days, or within 60 days in cases of urgency, it shall inform the disputing Parties in writing of the reasons for the delay, and shall provide at the same time and at the earliest possible stage of the proceedings, an estimate of the time within which it will issue its report. In this case, unless exceptional circumstances apply, the time limit for issuing the report shall not exceed 120 days from the date of establishment of the Arbitration Panel.

5. The Arbitration Panel shall endeavor to reach all its decisions by consensus. However, where a decision cannot be made by consensus, the matter shall be decided by majority vote.

6. The disputing Parties may make written comments to the Arbitration Panel on the preliminary report within 15 days of its submission or within such other period of time as the disputing Parties may agree.

7. In such a case, and after considering the written observations, the Arbitration Panel may, on its own initiative or at the request of any disputing Party:

(a) request the observations of any disputing Party;

(b) conduct any due diligence it considers appropriate; or

(c) reconsider the preliminary report.

Article 18.15. Final Report

1. The Arbitration Panel shall notify the disputing Parties of its final report and, if any, written views on issues on which there was no unanimity within 30 days of the submission of the preliminary report.

2. The panelists may issue written opinions on matters on which there is no unanimity. However, neither the preliminary report nor the final report shall disclose the identity of the panelists who voted with the majority or minority.

3. The disputing Parties shall communicate the final report to the Commission within 5 days of its notification to them, and shall make it available to the public within 15 days of its communication to the Commission, subject to the protection of confidential information in the report.

Article 18.16. Compliance with the Final Report

1. The final report of the Arbitration Panel shall be final and binding on the disputing Parties.

2. Upon receipt of the final report of the Arbitration Panel, the disputing Parties shall agree on the resolution of the dispute, which shall normally be in accordance with the findings of the Arbitration Panel and its recommendations, if any.

3. If in its final report the Arbitration Panel determines that the Party complained against has failed to comply with its obligations under this Agreement, or that the measure causes nullification or impairment within the meaning of Annex 18.3, the remedy shall, where possible, be non-enforcement or termination of the measure that is inconsistent with this Agreement or that causes nullification or impairment within the meaning of Annex 18. In the absence of a remedy, the Party complained against may submit offers of compensation, which shall be considered by the complaining Party and, unless otherwise agreed, shall be equivalent to the benefits foregone.

Article 18.17. Non-performance and Suspension of Benefits

1. Where the Arbitration Panel finds that a measure is inconsistent with the obligations of this Agreement or is a cause of nullification or impairment within the meaning of Annex 18.3, and the disputing Parties:

(a) do not reach compensation in terms of Article 18.16(3) or a mutually satisfactory settlement of the dispute within 30 days of receipt of the final report, or

(b) have reached an agreement on the settlement of the dispute or on compensation in accordance with Article 18.16(3), and the complaining Party considers that the Party complained against has not complied with the terms of the agreement,

the complaining Party may, upon notice to the Party complained against, suspend the application to that Party of benefits under this Agreement that are equivalent in effect to the benefits foregone.

2. The suspension of benefits shall last until the Party complained against complies with the final report or until the disputing Parties reach a mutually satisfactory settlement of the dispute, as the case may be.

3. In considering the benefits to be suspended pursuant to this Article:

(a) the complaining Party shall first seek to suspend benefits within the same sector or sectors that are affected by the measure, or by another matter that the Arbitration Panel has found to be inconsistent with the obligations under this Agreement, or to be a cause of nullification or impairment within the meaning of Annex 18.3; and

(b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors.

Article 18.18. Review of Suspension of Benefits or Compliance

1. A disputing Party may, by written communication to the other disputing Party, request that the original Arbitration Panel established pursuant to Article 18.8 be reconvened to determine:

(a) whether the level of suspension of benefits applied by the complaining Party pursuant to Article 18.17(1) is manifestly excessive; or

(b) on any disagreement between the disputing Parties as to compliance with the final report of the Arbitration Panel, or with an agreement reached between them, or with respect to the compatibility of any measures taken to comply.

2. If the Arbitration Panel hearing a matter pursuant to subparagraph 1(a) decides that the level of suspended benefits is manifestly excessive, it shall determine the level of benefits applied that it considers to be of equivalent effect. In this case, the complaining Party shall adjust the suspension it is applying to that level. If the Arbitration Panel hearing a matter pursuant to subparagraph 1(b) decides that the Party complained against has complied, the complaining Party shall immediately terminate the suspension of benefits.

3. The proceedings before the arbitration panel constituted for the purposes of paragraph 1 shall be conducted in accordance with the Model Rules of Procedure. The Arbitration Panel shall render its final decision within 60 days of the election of the last panelist, or within such other period as the disputing Parties may agree.

4. The provisions of Article 18.10 shall apply where the original Arbitral Panel or any of its members cannot be reconstituted to hear the matters referred to in this Article.

Article 18.19. Judicial and Administrative Proceedings

1. The Commission shall endeavor to agree, as soon as possible, on an appropriate interpretation or response where a Party:

(a) considers that a question of interpretation or application of this Agreement arising or arising in a judicial or administrative proceeding of another Party warrants interpretation by the Commission; or

(b) receives a request for an opinion on a question of interpretation or application of this Agreement from a court or administrative body of that Party.

2. The Party in whose territory the court or administrative body is located shall submit to it the appropriate response or any interpretation agreed to by the Commission, in accordance with the procedures of that body.

3. Where the Commission is unable to agree on an appropriate response or interpretation, the Party in whose territory the tribunal or administrative body is located may submit its own views to the tribunal or administrative body in accordance with the procedures of that body.

Article 18.20. Rights of Individuals

Neither Party may grant a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.

Article 18.21. Alternative Means of Dispute Settlement

1. Each Party shall, in accordance with its domestic law, promote and facilitate recourse to arbitration and other alternative means for the settlement of international commercial disputes between private parties.

2. To this end, each Party shall provide appropriate procedures to ensure the enforcement of arbitration agreements and the recognition and enforcement of arbitral awards rendered in such disputes.

3. Parties shall be deemed to be in compliance with the provisions of paragraph 2 if they are party to and comply with the provisions of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the 1975 Inter-American Convention on International Commercial Arbitration.

4. The Commission may establish an Advisory Committee on Private Commercial Disputes composed of persons having expertise or experience in the settlement of private international commercial disputes. The Committee shall make general reports and recommendations to the Commission on the existence, use and effectiveness of arbitration and other procedures for the settlement of such disputes.

Annex 18.3 . ANNULMENT AND IMPAIRMENT

The Parties may have recourse to the dispute settlement mechanism of this Chapter when, by virtue of the application of a measure that does not contravene the Agreement, they consider that the benefits that they could reasonably have expected to receive from the application of Chapters 3 (National Treatment and Market Access for Goods); 4 (Rules of Origin and Customs Procedures); 7 (Sanitary and Phytosanitary Measures); 8 (Technical Barriers to Trade); and 9 (Cross-Border Trade in Services) are nullified or impaired.

Chapter 19. EXCEPTIONS

Article 19.1. Definitions

For the purposes of Article 19.5, the following definitions shall apply:

competent authority: for each Party as defined in Annex 19.5;

tax convention: a convention for the avoidance of double taxation or other international tax convention or arrangement; and

taxation measures do not include:

(a) a "customs duty" as defined in Article 2.1 (Definitions of General Application), or.

(b) the measures listed in subparagraphs (b), (c), and (d) of the definition of "customs duty" in Article 2.1 (Definitions of General Application).

Article 19.2. General Exceptions

1. For purposes of Chapters 3 (National Treatment and Market Access for Goods); 4 (Rules of Origin and Customs Procedures); 5 (Trade Facilitation and Customs Cooperation); 7 (Sanitary and Phytosanitary Measures), 8 (Technical Barriers to Trade), and 14 (Electronic Commerce), Article XX of the GATT 1994 and its interpretative notes are incorporated into and form an integral part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.

2. For the purposes of Chapters 9 (Cross-Border Trade in Services); 12 (Telecommunications); 13 (Entry and Temporary Stay of Business Persons); and 14 (Electronic Commerce), Article XIV of the GATS (including the footnotes) is incorporated into and made an integral part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health.

Article 19.3. National Security

Nothing in this Agreement shall be construed to:

(a) compel a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or

(b) preventing a Party from taking any measure that it considers necessary to protect its essential security interests:

(i) relating to trade in arms, ammunition, and munitions of war, and trade and transactions in goods, materials, services, and technology carried on for the direct or indirect purpose of providing supplies to a military institution or other defense establishment;

(ii) adopted in time of war or other emergency in international relations; or

(iii) relating to the implementation of national policies or international agreements relating to the non-proliferation of nuclear weapons or other nuclear explosive devices; or (iv) relating to the implementation of national policies or international agreements relating to the non-proliferation of nuclear weapons or other nuclear explosive devices, or

(c) to prevent a Party from taking action in accordance with its obligations under the United Nations Charter for the Maintenance of International Peace and Security.

Article 19.4. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or give access to information the disclosure of which would impede compliance with, or be contrary to, its Constitution or domestic law, or which would be contrary to the public interest, or which would prejudice the legitimate commercial interest of particular enterprises, whether public or private.

Article 19.5. Taxation

1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax treaty. In the event of any inconsistency between this Agreement and any such treaty, the treaty shall prevail to the extent of the inconsistency. In the case of a tax treaty between the Parties, the competent authorities under that treaty shall have sole responsibility for determining whether there is any inconsistency between this Agreement and that treaty.

3. Notwithstanding paragraph 2:

(a) Article 3.3 (National Treatment) and such other provisions in this Agreement necessary to give effect to that Article shall apply to taxation measures to the same extent as Article III of the GATT 1994; and

(b) Article 3.12 (Export Taxes) shall apply to taxation measures.

4. Articles 10.11 (Expropriation and Compensation) and 10.17 (Submission of a Claim to Arbitration) shall apply to taxation measures that are claimed to be expropriatory, except that no investor may invoke Article 10.11 (Expropriation and Compensation) as a basis for a claim where it has been determined pursuant to this paragraph that the measure does not constitute an expropriation. An investor seeking to invoke Article 10.11 (Expropriation and Compensation) with respect to a taxation measure shall first submit the matter at the time of the written notice referred to in Article 10.17 (Submission of a Claim to Arbitration) to the competent authorities of the claimant and respondent set out in Annex 19.5 for those authorities to determine whether the measure does not constitute an expropriation. If the competent authorities do not agree to examine the matter or, having agreed to examine the matter, do not agree that the measure does not constitute an expropriation, within 6 months after the matter has been submitted to them, the investor may submit a claim to arbitration in accordance with Article 10.17 (Submission of a Claim to Arbitration).

Article 19.6. Balance of Payments

1. A Party may adopt or maintain temporary, nondiscriminatory restrictions to protect the balance of payments where:

(a) there is serious economic and financial disruption or threat thereof in the Party's territory that cannot be adequately addressed by some alternative measure, or.

(b) the balance of payments, including the state of its monetary reserves, is seriously threatened or facing serious difficulties.

2. The measures referred to in paragraph 1, with respect to trade in goods shall be taken in accordance with the GATT 1994, including the Declaration on Trade Measures Taken for Balance of Payments Purposes of 1979 and the Understanding on Balance of Payments Provisions of the General Agreement on Tariffs and Trade 1994; and with respect to trade in services shall be taken in accordance with the GATS.

3. Any measure adopted or maintained pursuant to paragraph 1 shall:

(a) be applied in a non-discriminatory manner such that no Party receives less favorable treatment than any other Party or non-Party;

(b) be consistent with the Articles of Agreement of the International Monetary Fund;

(c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(d) not go beyond what is necessary to overcome the circumstances set out in paragraph (1); and

(e) be temporary and progressively removed as soon as the situations specified in paragraph 1 improve.

4. Without prejudice to the obligations under the legal instruments referred to in paragraph 2, a Party adopting or maintaining measures in accordance with paragraph 1 shall communicate to the other Party as soon as possible, through the Commission:

(a) what the nature and extent of the serious threats to, or serious difficulties faced by, its balance of payments consist of;

(b) the economic and foreign trade situation of the Party;

(c) the alternative measures available to it to correct the problem;

(d) the economic policies it adopts to deal with the problems referred to in paragraph 1, as well as the direct relationship between such policies and the solution of such problems; and

(e) the evolution of the events that gave rise to the adoption of the measure.

Annex 19.5 . COMPETENT AUTHORITIES

For the purposes of Article 19.5, a Competent Authority shall be understood as follows

(a) in the case of Mexico, the Secretaría de Hacienda y Crédito Público (SHCP), and.

(b) in the case of Panama, the Autoridad Nacional de Ingresos Públicos (ANIP);

or their successors.

It shall be the responsibility of each Party to keep this Annex updated. To this end, the Parties shall notify in writing any changes to the information contained in paragraph 1.

Chapter 20. FINAL PROVISIONS

Article 20.1. Annexes, Appendices and Footnotes

The annexes, appendices, and footnotes to this Agreement constitute an integral part of this Agreement.

Article 20.2. Entry Into Force

This Agreement shall be of indefinite duration and shall enter into force 30 days following the date of the last written communication in which the Parties have notified each other, through diplomatic channels, that their respective internal legal procedures for its entry into force have been completed, unless the Parties agree on a different period of time.

Article 20.3. Reservations and Interpretative Declarations

This Treaty may not be the subject of reservations or interpretative declarations at the time of ratification.

Article 20.4. Amendments

1. The Parties may agree on any amendment to this Treaty.

2. The agreed amendment shall enter into force and become an integral part of this Agreement 30 days after the date of the last written communication in which the Parties have notified each other through diplomatic channels that their respective internal legal procedures for its entry into force have been completed, unless the Parties agree on a different time limit.

Article 20.5. Accession

1. Any State may accede to this Treaty subject to such terms and conditions as may be agreed between that State and the Commission.

2. Accession shall enter into force 30 days after the date of the last written communication in which the Parties and the acceding State have notified each other through diplomatic channels that their respective internal legal procedures for entry into force have been completed, unless the Parties and the acceding State agree on a different time limit.

Article 20.6. Denunciation

1. Any Party may denounce this Agreement. Termination shall take effect 180 days after written notice of termination is given to the other Party, unless the Parties agree otherwise.

2. Notwithstanding paragraph 1, the investment provisions shall continue in force for a period of 10 years after the termination of this Agreement with respect to investments made only during its term.

Article 20.7. Termination of Partial Scope Agreement No. 14

1. Upon the entry into force of this Agreement, Partial Scope Agreement No. 14 signed between the United Mexican States and the Republic of Panama, signed pursuant to Article 25 of the Treaty of Montevideo 1980, as well as its annexes and protocols, shall be terminated.

2. Notwithstanding the provisions of the preceding paragraph, the preferential tariff treatment granted by Partial Scope Agreement No. 14 signed between the United Mexican States and the Republic of Panama, shall remain in force for 30 days following the entry into force of this Agreement for importers who request it and use the certificates of origin issued within the framework of that Agreement, provided that they were issued prior to the entry into force of this Agreement and are still in force.

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

1. Upon the entry into force of this Agreement, the Agreement between the United Mexican States and the Republic of Panama for the Reciprocal Promotion and Protection of Investments and its Annexes (Agreement), signed in Mexico City on October 11, 1995, shall be terminated.

2. Notwithstanding the provisions of paragraph 1, as of the entry into force of this Agreement, the Third Chapter "Dispute Settlement", First Section and Second Section of the Agreement, shall remain in force for a period of 10 years in the cases of:

(a) investments covered by the Agreement at the time of entry into force of this Agreement, or.

(b) disputes arising prior to the date of entry into force of this Agreement and otherwise eligible for settlement under Chapter Three "Dispute Settlement", Sections One and Two of the Agreement.

Article 20.9. Future Negotiations

Unless the Parties agree otherwise, the Commission, no later than 2 years after the entry into force of this Agreement, may decide to initiate negotiations on the following chapters:

(a) Regulatory Improvement.

(b) Maritime Services.

(c) Government Procurement.

(d) Cooperation and Trade Capacity Building.

Conclusion

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective governments, have signed this Agreement in the city of Panama, on the third day of April of the month of two thousand fourteen, in two original copies in the Spanish language, both being equally authentic.

For the United Mexican States

Ildefonso Guajardo Villarreal

Secretary of the Economy

For the Republic of Panama

Ricardo A. Quijano Jiménez

Minister of Commerce and Industry

Honorary Witnesses

Enrique Peña Nieto

President

Ricardo Martinelli B.

President

Attachments

Annex I . INTERPRETATIVE NOTES

1. A Party's Schedule indicates, in accordance with Articles 9.7 (Nonconforming Measures) and 10.8 (Nonconforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 9.3 (Most-Favored-Nation Treatment) or 10.4 (Most-Favored-Nation Treatment);

  • 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