Section D. Special Regimes
Article 3.5. Waiver of Customs Duties
1. No Party shall adopt a new waiver of customs duties, or extend the application of an existing waiver of customs duties with respect to existing beneficiaries, or extend it to new beneficiaries, where the waiver is conditioned, explicitly or implicitly, on compliance with a performance requirement.
2. No Party shall condition, explicitly or implicitly, the continuation of any existing waiver of customs duties on the fulfillment of a performance requirement.
Article 3.6. Temporary Admission or Importation of Goods
1. Each Party shall, subject to its national legislation, allow the temporary admission or importation free of customs duties of the following goods, provided that they are admitted or imported into its territory from the territory of the other Party, irrespective of their origin:
(a) professional equipment, including press equipment or broadcasting, television, and cinematography equipment, and computer software, necessary for the conduct of the business, trade, or profession of a person that qualifies for temporary entry under the national legislation of the importing Party;
(b) goods admitted or imported temporarily for sporting purposes and goods intended for exhibition or demonstration; and
(c) commercial samples, films and advertising recordings.
2. No Party may impose a condition on the temporary admission or importation free of duty of a good referred to in paragraph 1, other than that the good:
(a) is admitted or imported by a national or resident of the other Party requesting temporary entry;
(b) is used only by or under the personal supervision of a national or resident of the other Party in the exercise of that person's business, trade, profession, or sporting activity;
(c) is not for sale or lease while in its territory;
(d) is accompanied by a bond, if required by the importing Party, in an amount not to exceed the charges that would otherwise be due for entry or final importation, released upon departure of the good;
(e) is capable of identification upon export;
(f) is exported upon the departure of the person referred to in subparagraph (a), or within a period of time corresponding to the purpose of the temporary admission or importation that the importing Party establishes under its national legislation, or
(g) is admitted or imported in quantities no greater than is reasonable in accordance with its intended use.
3. Where a good is temporarily admitted duty-free pursuant to paragraph 1, and any condition imposed by a Party pursuant to paragraph 2 has not been complied with, the Party may impose:
(a) the customs duty and any other charges that would normally be due on the admission or final importation of the good; and
(b) such other charge or penalty as may be provided for under its domestic law.
4. Except as otherwise provided in this Agreement, a Party may not:
(a) prevent a vehicle or container used in international transportation that has entered its territory from the territory of the other Party from leaving its territory by any route that is reasonably related to the prompt and economic departure of the vehicle or container;
(b) require a bond or impose any penalty or charge solely on the ground that the port of entry of the vehicle or container is different from the port of departure;
(c) condition the release of any obligation, including any bond, which it imposes in connection with the entry of a vehicle or container into its territory on its departure through a particular port; or
(d) require that the vehicle or carrier bringing a container into its territory from the territory of the other Party be the same vehicle or carrier that brings it into the territory of the other Party.
5. For the purposes of paragraph 4, vehicle means a truck, tractor-trailer, tractor, trailer or trailer unit, a locomotive, or a railcar or other railway equipment.
Article 3.7. Goods Reimported after Repair or Alteration
1. No Party may apply a customs duty to a good, regardless of its origin, that has been re-entered into its territory after having been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could have been carried out in the territory of the Party from which the good was exported for repair or alteration.
2. No Party may apply a customs duty to a good that, regardless of its origin, is temporarily admitted from the territory of the other Party to be repaired or altered.
3. For purposes of this Article, repair or alteration does not include an operation or process that:
(a) destroys the essential characteristics of a good or creates a new or commercially different good, or.
(b) transforms an unfinished good into a finished good.
Article 3.8. Duty-Free Importation of Commercial Samples of Negligible Value and Printed Advertising Materials
Each Party shall allow duty-free importation of commercial samples of negligible value and printed advertising materials imported from the territory of the other Party, regardless of their origin, but may require that:
(a) such samples are imported only for the purpose of soliciting orders for goods or services provided from the territory of the other Party or a non-Party, or
(b) such advertising materials are imported in packages containing not more than one printed copy each, and that neither the materials nor the packages are part of a larger consignment.
Section E. Non-Tariff Measures
Article 3.9. Import and Export Restrictions
1. Except as otherwise provided in this Agreement, no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except as provided in Article XI of the GATT 1994, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof, mutatis mutandis.
2. The Parties understand that the rights and obligations of the GATT 1994 embodied in paragraph 1 prohibit, in any circumstances in which any other type of restriction is prohibited, a Party from adopting or maintaining:
(a) export price requirements and, except as permitted for the enforcement of antidumping and countervailing duty orders and undertakings, import price requirements;
(b) import licensing conditioned on compliance with a performance requirement; or
(c) voluntary export restraints inconsistent with Article VI of GATT 1994, implemented in accordance with Article 18 of the Agreement on Subsidies and Countervailing Measures and Article 8.1 of the Antidumping Agreement.
3. Paragraph 1 shall not apply to the measures set out in Annex 3.3.
Article 3.10. Import Licenses or Permits
The Agreement on Import Licensing is incorporated into and forms an integral part of this Agreement, mutatis mutandis. No Party shall maintain or adopt a measure that is inconsistent with that Agreement.
Article 3.11. Administrative Burdens and Formalities
1. Each Party shall ensure, in accordance with paragraph 1 of Article VIII of the GATT 1994 and its interpretative notes, that all fees and charges of any nature (other than customs duties, charges equivalent to an internal tax, or other domestic charges applied in accordance with paragraph 2 of Article III of the GATT 1994, and anti-dumping duties and countervailing measures), imposed on or in connection with importation or exportation, are limited to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a tax on imports or exports for fiscal purposes.
2. Neither Party shall require consular transactions or requirements, including related fees and charges, in connection with the importation of any goods of the other Party.
Article 3.12. Export Taxes
Except as provided in Annex 3.12, no Party shall adopt or maintain any tax, levy, or charge on exports of any good destined for the territory of the other Party, unless such tax, levy, or charge is also adopted or maintained on such good when destined for domestic consumption.
Section F. Other Measures
Article 3.13. Customs Valuation
The Customs Valuation Agreement shall govern the customs valuation rules applied by the Parties in their reciprocal trade. For this purpose, the Customs Valuation Agreement is incorporated into and forms an integral part of this Agreement, mutatis mutandis.
Section G. Agriculture
Article 3.14. Scope of Application
This Section applies to measures adopted or maintained by a Party relating to trade in agricultural goods.
Article 3.15. Domestic Support Measures for Agricultural Products
The Parties confirm their rights and obligations under the WTO Agreement on Agriculture with respect to domestic support commitments.
Article 3.16. Agricultural Export Subsidies
1. The Parties share the objective of the multilateral elimination of export subsidies for agricultural goods and shall work together to reach agreement in the WTO to eliminate such subsidies and to prevent their reintroduction in any form.
2. From the entry into force of this Agreement, neither Party may adopt or maintain export subsidies on any agricultural goods destined for the territory of the other Party.
Section H. Committee on Trade In Goods
Article 3.17. Committee on Trade In Goods
1. The Parties establish a Committee on Trade in Goods, composed of representatives of each Party.
2. The meetings of the Committee and of any ad-hoc working group established by it shall be chaired by representatives of the Secretaría de Economía of Mexico and of the Ministerio de Comercio e Industrias of Panama, or their respective successors.
3. The Committee shall meet at such time and place as the Parties may agree, at the request of either Party or the Commission, to consider any matter arising under this Chapter.
4. Meetings of the Committee may be held in person or by any technological means.
5. The Committee shall have the following functions:
(a) to oversee compliance with, application and correct interpretation of the provisions of this Chapter and its Annexes;
(b) to serve as a forum for the Parties to consult and resolve issues related to this Chapter, in coordination with any body established under this Agreement;
(c) address obstacles to trade in goods between the Parties, in particular those related to the application of non-tariff measures, and, if appropriate, submit such matters to the Commission for its consideration;
(d) make relevant recommendations on matters within its competence to the Commission;
(e) coordinate the exchange of information on trade in goods between the Parties;
(f) promoting cooperation in the implementation and administration of this Chapter;
(g) ensuring that concessions granted are maintained with future revisions of the Harmonized System;
(h) to establish ad-hoc working groups with specific mandates; and
(i) such other functions as the Commission may direct.
6. Decisions of the Committee shall be taken by consensus.
Chapter 4. RULES OF ORIGIN AND CUSTOMS PROCEDURES
Section A. Rules of Origin
Article 4.1. Definitions
For the purposes of this Chapter, the following definitions shall apply:
aquaculture: the cultivation or breeding of aquatic species, including among others: fish, mollusks, crustaceans, other invertebrates and plants, covering their complete or partial biological cycle, from seeds such as eggs, immature fish, fry and larvae, which is carried out in a selected and controlled environment, in natural or artificial water environments, whether in marine, fresh or brackish waters. It includes stocking or seeding, restocking or replanting, cultivation, as well as research activities;
competent authority: the authority that, according to the national legislation of each Party, is responsible for this Chapter:
(a) in the case of Mexico, for the issuance of the certificate of origin, the Secretaría de Economía, and for the verification of origin, the Servicio de Administración Tributaria de la Secretaría de Hacienda y Crédito Público; and
(b) in the case of Panama, for the issuance of the certificate of origin, the Ministry of Commerce and Industries, and for the verification of origin, the National Customs Authority,
or its successors;
CIF: the value of the imported merchandise, including insurance and freight costs to the port or place of entry in the country of importation, regardless of the means of transportation;
shipping and repacking costs: the costs incurred in repacking and transporting a good outside the territory where the producer or exporter of the good is located;
sales promotion, marketing and after-sales service costs: the following costs:
(a) sales promotion and marketing; media advertising; advertising and market research; promotional and demonstration materials; merchandise on display; sales promotion conferences, trade shows and conventions; banners; marketing exhibitions; free samples; sales, marketing and after-sales service publications such as merchandise brochures, catalogs, technical publications, price lists, service manuals and sales support information; establishment and protection of logos and trademarks; sponsorships; wholesale and retail restocking charges; and entertainment expenses;
(b) sales and marketing incentives; wholesale, retail and consumer rebates;
(c) for sales promotion, marketing and after-sales service personnel: salaries and wages; sales commissions; bonuses; medical, insurance and pension benefits; travel, lodging and living expenses; and membership and professional dues;
(d) hiring and training of sales, marketing and after-sales personnel, and training of the customer's employees after the sale, when in the producer's financial statements and cost accounts such costs are separately identified for sales promotion, marketing and after-sales services of merchandise;
(e) insurance premiums for liability arising from the merchandise;
(f) office supplies for sales promotion, marketing and after-sales services, when in the producer's financial statements and cost accounts, such costs are separately identified for sales promotion, marketing and after-sales services of merchandise; (g) telephone, postage and other office supplies, when in the producer's financial statements and cost accounts, such costs are separately identified for sales promotion, marketing and after-sales services of merchandise;
(g) telephone, mail and other means of communication, when in the producer's financial statements and cost accounts such costs are separately identified for sales promotion, marketing and after-sales services;
(h) rents and depreciation of sales promotion, marketing and after-sales service offices and distribution centers;
(i) property insurance premiums, taxes, utility costs, and repair and maintenance costs of offices and distribution centers, when in the producer's financial statements and cost accounts such costs are separately identified for sales promotion, marketing and after-sales services of merchandise; and
(j) payments by the producer to others for repairs covered by a warranty;
net cost: the total cost less the costs of sales promotion, marketing and after-sales services, shipping and repacking, and royalties;
total cost: the sum of the following elements:
(a) the costs or value of direct manufacturing materials used in the production of the merchandise;
(b) the costs of direct labor used in the production of the good; and
(c) an amount for direct and indirect costs and expenses of manufacturing the good, reasonably allocable to the good, except for the following items:
(i) the costs and expenses of a service provided by the producer of merchandise to another person, when the service does not relate to the merchandise;
(ii) costs and losses resulting from the sale of a portion of the business to the producer, which constitutes a discontinued operation;
(iii) costs related to the cumulative effect of changes in the application of generally accepted accounting principles;
(iv) costs or losses resulting from the sale of a capital asset of the producer;
(v) costs and expenses related to acts of God or force majeure;
(vi) profits earned by the producer of the merchandise, whether or not retained by the producer or paid to others as dividends, and taxes paid on those profits, including capital gains taxes; and
(vii) interest costs that have been agreed between related persons and that exceed interest paid at market interest rates;
direct manufacturing costs and expenses: costs and expenses incurred in a period, directly related to merchandise, other than the costs or value of direct materials and direct labor costs;
indirect manufacturing costs and expenses: costs and expenses incurred in a period, other than direct manufacturing costs and expenses, direct labor costs and direct material costs or value;
exporter: a person, located in the territory of one of the Parties from which it exports a good to the territory of the other Party;
FOB: the value of the good free on board, including the cost of transportation to the port or place of final shipment, regardless of the means of transportation;
importer: a person located in the territory of one of the Parties, who imports a good from the territory of the other Party;
confidential information: information which, by its very nature, is of that nature, or which is provided in that capacity, in accordance with the national legislation of each Party, and which has not been previously published, is not available to third parties, or is not otherwise in the public domain;
material: a good that is used in the production of another good, including any component, ingredient, raw material, part or piece;
packaging materials and shipping containers: goods used to protect merchandise during transportation and does not include containers and materials in which merchandise is packaged for retail sale;
indirect materials: items used in the production of a good that are not physically incorporated into or part of the good, such as:
(a) fuel, energy, catalysts and solvents;
(b) equipment, apparatus and attachments used for the verification or inspection of the goods;
(c) gloves, goggles, footwear, clothing, safety equipment and attachments;
(d) tools, dies and molds;
(e) spare parts and materials used in the maintenance of equipment and buildings;
(f) lubricants, greases, composites and other materials used in the production, operation of equipment or maintenance of buildings; and
(g) any other material that is not incorporated into the good, but whose use in the production of the good can be adequately demonstrated to be part of that production;
intermediate material: an originating material that is produced by the producer of a good and used in the production of that good;
merchandise: any good, product, article or material;
fungible goods or materials: goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical and which cannot be distinguished from one another by simple visual examination;
non-originating good or non-originating material: a good or material that does not qualify as originating in accordance with the provisions of this Chapter;
generally accepted accounting principles: the recognized consensus or substantial support authorized and adopted in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, the disclosure of information and the preparation of financial statements. Generally accepted accounting principles may encompass broad guidelines of general application as well as detailed standards, practices and procedures;
production: the growing, extracting, harvesting, fishing, raising, hunting, manufacturing, processing, or assembling of a commodity;
producer: a person located in the territory of a Party that cultivates, extracts, harvests, harvests, fishes, breeds, hunts, manufactures, processes, or assembles a good;
royalties: payments made for the exploitation of intellectual property rights; and
value: the price actually paid or payable for a good related to the transaction of the producer of the good in accordance with the principles of Article 1 of the Customs Valuation Agreement, adjusted in accordance with the principles of paragraphs 1, 3 and 4 of Article 8 thereof, without considering that the good is sold for export. For the purposes of this definition, the seller referred to in the Customs Valuation Agreement shall be the producer of the goods; in the case of materials, the seller referred to in the Customs Valuation Agreement shall be the supplier of the material and the buyer shall be the producer of the goods.
Article 4.2. Originating Goods
A good shall be considered originating when it is:
(a) wholly obtained or produced entirely in the territory of one or both Parties, as defined in Article 4.3;
(b) produced entirely in the territory of one or both of the Parties exclusively from materials that qualify as originating under this Chapter;
(c) produced in the territory of one or both of the Parties from non-originating materials that meet the specific origin requirements as specified in Annex 4.2 and the good complies with the other provisions applicable to this Chapter;
and also complies with all other applicable provisions of this Chapter.
Article 4.3. Wholly Obtained or Wholly Produced Goods
The following goods shall be considered to be wholly obtained or wholly produced in the territory of a Party:
(a) plants and plant products harvested or collected in the territory of a Party;
(b) live animals born and raised in the territory of a Party;
(c) goods obtained from live animals born and raised in the territory of a Party referred to in subparagraph (b);
(d) goods obtained from hunting, fishing or aquaculture in the territory of a Party;