Dominican Republic - Central America - United States FTA (CAFTA-DR) (2004)
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Dirección de Administración de Tratados Comerciales Ministerio de Economía Alameda Juan Pablo I y Calle Guadalupe Edificio C1-C2, Plan Maestro Centro de Gobierno San Salvador, El Salvador

Guatemala

Notices and other documents in disputes under Section B shall be served on Guatemala by delivery to:

Ministerio de Economía Ciudad de Guatemala, Guatemala

Honduras

Notices and other documents in disputes under Section B shall be served on Honduras by delivery to:

Dirección General de Integración Económica y Política Comercial Secretaría de Estado en los Despachos de Industria y Comercio Boulevard José Cecilio del Valle Edificio San José, antiguo edificio de Fenaduanah Tegucigalpa, Honduras

Nicaragua

Notices and other documents in disputes under Section B shall be served on Nicaragua by delivery to:

Dirección de Integración y Administración de Tratados, or its successor Ministerio de Fomento, Industria y Comercio Managua, Nicaragua

United States

Notices and other documents in disputes under Section B shall be served on the United States by delivery to:

Executive Director (L/EX) Office of the Legal Adviser Department of State Washington, D.C. 20520 United States of America

Chapter Eleven. Cross-Border Trade In Services

Article 11.1. Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party affecting cross-border trade in services by service suppliers of another Party. Such measures include measures affecting:

(a) the production, distribution, marketing, sale, and delivery of a service;

(b) the purchase or use of, or payment for, a service;

(c) the access to and use of distribution, transport, or telecommunications networks and services in connection with the supply of a service;

(d) the presence in its territory of a service supplier of another Party; and

(e) the provision of a bond or other form of financial security as a condition for the supply of a service.

2. For purposes of this Chapter, "measures adopted or maintained by a Party" means measures adopted or maintained by:

(a) central, regional, or local governments and authorities; and

(b) non-governmental bodies in the exercise of powers delegated by central, regional, or local governments or authorities.

3. Articles 11.4, 11.7, and 11.8 also apply to measures by a Party affecting the supply of a service in its territory by an investor of another Party as defined in Article 10.28 (Definitions) or a covered investment. (1)

4. This Chapter does not apply to:

(a) financial services, as defined in Article 12.20 (Definitions), except as provided in paragraph 3;

(b) air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:

(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service, and

(ii) specialty air services;

(c) procurement; or

(d) subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.

5. This Chapter does not impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, and does not confer any right on that national with respect to that access or employment.

6. This Chapter does not apply to services supplied in the exercise of governmental authority. A "service supplied in the exercise of governmental authority" means any service that is supplied neither on a commercial basis, nor in competition with one or more service suppliers.

(1) The Parties understand that nothing in this Chapter, including this paragraph, is subject to investor-state dispute settlement pursuant to Section B of Chapter Ten (Investment).

Article 11.2. National Treatment

1. Each Party shall accord to service suppliers of another Party treatment no less favorable than that it accords, in like circumstances, to its own service suppliers.

2. The treatment to be accorded by a Party under paragraph 1 means, with respect to a regional level of government, treatment no less favorable than the most favorable treatment accorded, in like circumstances, by that regional level of government to service suppliers of the Party of which it forms a part.

Article 11.3. Most-Favored-Nation Treatment

Each Party shall accord to service suppliers of another Party treatment no less favorable than that it accords, in like circumstances, to service suppliers of any other Party or a non-Party.

Article 11.4. Market Access

No Party may adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire territory, measures that:

(a) impose limitations on:

(i) the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirement of an economic needs test,

(ii) the total value of service transactions or assets in form of numerical quotas or the requirement of an economic needs test,

(iii) the total number of service operations or on the total quantity of services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test, (2) or

(iv) the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; or

(b) restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.

(2) This clause does not cover measures of a Party that limit inputs for the supply of services.

Article 11.5. Local Presence

No Party may require a service supplier of another Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border supply of a service.

Article 11.6. Non-conforming Measures

1. Articles 11.2, 11.3, 11.4, and 11.5 do not apply to:

(a) any existing non-conforming measure that is maintained by a Party at:

(i) the central level of government, as set out by that Party in its Schedule to Annex I;

(ii) a regional level of government, as set out by that Party in its Schedule to Annex I; or

(iii( a local level of government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or

(c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 11.2, 11.3, 11.4, and 11.5.

2. Articles 11.2, 11.3, 11.4, and 11.5 do not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities as set out in its Schedule to Annex IL.

Article 11.7. Transparency In Developing and Applying Regulations  (3)

Further to Chapter Eighteen (Transparency):

(a) each Party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons regarding its regulations relating to the subject matter of this Chapter;

(b) at the time it adopts final regulations relating to the subject matter of this Chapter, each Party shall, to the extent possible, including on request, address in writing substantive comments received from interested persons with respect to the proposed regulations; and

(c) to the extent possible, each Party shall allow a reasonable time between publication of final regulations and their effective date.

(3) For greater certainty, "regulations" includes regulations establishing or applying to licensing authorization or criteria,

Article 11.8. Domestic Regulation

1. Where a Party requires authorization for the supply of a service, the Party's competent authorities shall, within a reasonable time after the submission of an application considered complete under its laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the Party's competent authorities shall provide, without undue delay, information concerning the status of the application. This obligation shall not apply to authorization requirements that are within the scope of Article 11.6.2.

2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards, and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall endeavor to ensure, as appropriate for individual sectors, that any such measures that it adopts or maintains are:

(a) based on objective and transparent criteria, such as competence and the ability to supply the service;

(b) not more burdensome than necessary to ensure the quality of the service; and

(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.

3. If the results of the negotiations related to Article VI:4 of the GATS (or the results of any similar negotiations undertaken in other multilateral fora in which the Parties participate) enter into effect for each Party, this Article shall be amended, as appropriate, after consultations between the Parties, to bring those results into effect under this Agreement. The Parties will coordinate on such negotiations as appropriate.

Article 11.9. Mutual Recognition

1. For the purposes of the fulfillment, in whole or in part, of its standards or criteria for the authorization, licensing, or certification of services suppliers, and subject to the requirements of paragraph 4, a Party may recognize the education or experience obtained, requirements met, or licenses or certifications granted in a particular country, including another Party and a non-Party. Such recognition, which may be achieved through harmonization or otherwise, may be based upon an agreement or arrangement with the country concerned or may be accorded autonomously.

2. Where a Party recognizes, autonomously or by agreement or arrangement, the education or experience obtained, requirements met, or licenses or certifications granted in the territory of another Party or a non-Party, nothing in Article 11.3 shall be construed to require the Party to accord such recognition to the education or experience obtained, requirements met, or licenses or certifications granted in the territory of any other Party.

3. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity for another Party, if that other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate a comparable one with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for another Party to demonstrate that education, experience, licenses, or certifications obtained or requirements met in that other Party's territory should be recognized.

4. No Party may accord recognition in a manner that would constitute a means of discrimination between countries in the application of its standards or criteria for the authorization, licensing, or certification of services suppliers, or a disguised restriction on trade in services.

5. Annex 11.9 applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service suppliers as set out in that Annex.

Article 11.10. Transfers and Payments

1. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory.

2. Each Party shall permit such transfers and payments relating to the cross-border supply of services to be made in a freely usable currency at the market rate of exchange prevailing at the time of transfer.

3. Notwithstanding paragraphs 1 and 2, a Party may prevent a transfer or payment through the equitable, non-discriminatory, and good faith application of its laws relating to:

(a) bankruptcy, insolvency, or the protection of the rights of creditors; (b) issuing, trading, or dealing in securities, futures, options, or derivatives;

(c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;

(d) criminal or penal offenses; or

(e) ensuring compliance with orders or judgments in judicial or administrative proceedings.

Article 11.11. Implementation

The Parties shall consult annually, or as otherwise agreed, to review the implementation of this Chapter and consider other issues of mutual interest.

Article 11.12. Denial of Benefits

1. A Party may deny the benefits of this Chapter to a service supplier of another Party if the service is being supplied by an enterprise owned or controlled by persons of a non-Party, and the denying Party:

(a) does not maintain diplomatic relations with the non-Party; or

(b) adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise.

2. Subject to Articles 18.3 (Notification and Provision of Information) and 20.4 (Consultations), a Party may deny the benefits of this Chapter to a service supplier of another Party that is an enterprise of such other Party if the enterprise has no substantial business activities in the territory of any Party, other than the denying Party, and persons of a non-Party, or the denying Party, own or control the enterprise.

Article 11.13. Specific Commitments

1. Express Delivery Services:

(a) The Parties affirm that measures affecting express delivery services are subject to this Agreement.

(b) For purposes of this Agreement, express delivery services means the collection, transport, and delivery, of documents, printed matter, parcels, goods, or other items on an expedited basis, while tracking and maintaining control of these items throughout the supply of the service. Express delivery services do not include (i) air transport services, (ii) services supplied in the exercise of governmental authority, or (iii) maritime transport services.(4)

(c) The Parties express their desire to maintain at least the level of market openness they provided for express delivery services existing on the date this Agreement is signed.

(d) Neither a Central American Party nor the Dominican Republic may adopt or maintain any restriction on express delivery services that is not in existence on the date this Agreement is signed. Each such Party confirms that it does not intend to direct revenues from its postal monopoly to benefit express delivery services as defined in subparagraph (b). Under title 39 of the United States Code, an independent government agency determines whether postal rates meet the requirement that each class of mail or type of mail service bear the direct and indirect postal costs attributable to that class or type plus that portion of all other costs of the U.S. Postal Service reasonably assignable to such class or type.

(e) Each Party shall ensure that, where its monopoly supplier of postal services competes, either directly or through an affiliated company, in the supply of express delivery services outside the scope of its monopoly rights, such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with the Party’s obligations under Articles 11.2, 11.3, 11.4, 10.3 (National Treatment), or 10.4 (Most-Favored-Nation Treatment). The Parties also reaffirm their obligations under Article VIII of the GATS. (5)

2. A Party's Section of Annex 11.13 sets out specific commitments by that Party.

(4) For greater certainty, for the United States, express delivery services do not include delivery of letters subject to the Private Express Statutes (18 U.S.C. § 1693 et seg., 39 U.S.C. § 601 et seg.), but do include delivery of letters subject to the exceptions to, or suspensions promulgated under, those statutes, which permit private delivery of extremely urgent letters.
(5) For greater certainty, the Parties reaffirm that nothing in this Article is subject to investor-state dispute settlement pursuant to Section B of Chapter Ten (Investment).

Article 11.14. Definitions

For purposes of this Chapter:

cross-border trade in services or cross-border supply of services means the supply of a service:

(a) from the territory of one Party into the territory of another Party;

(b) in the territory of one Party by a person of that Party to a person of another Party; or

(c) by a national of a Party in the territory of another Party;

but does not include the supply of a service in the territory of a Party by an investor of another Party as defined in Article 10.28 (Definitions) or a covered investment;

enterprise means an "enterprise" as defined in Article 2.1 (Definitions of General Application), and a branch of an enterprise;

enterprise of a Party means an enterprise constituted or organized under the laws of that Party, and a branch located in the territory of that Party and carrying out business activities there;

professional services means services, the provision of which requires specialized post- secondary education, or equivalent training or experience, and for which the right to practice is granted or restricted by a Party, but does not include services provided by trades-persons or vessel and aircraft crew members;

service supplier of a Party means a person of a Party that seeks to supply or supplies a service;(6) and

specialty air services means any non-transportation air services, such as aerial fire-fighting, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter-lift for logging and construction, and other airborne agricultural, industrial, and inspection services.

(6) The Parties understand that for purposes of Articles 11.2 and 11.3, "service suppliers" has the same meaning as "services and service suppliers" in the GATS.

Chapter Twelve. Financial Services

Article 12.1. Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party relating to:

(a) financial institutions of another Party;

(b) investors of another Party, and investments of such investors, in financial institutions in the Party's territory; and

(c) cross-border trade in financial services.

2. Chapters Ten (Investment) and Eleven (Cross-Border Trade in Services) apply to measures described in paragraph 1 only to the extent that such Chapters or Articles of such Chapters are incorporated into this Chapter.

(a) Articles 10.7 (Expropriation and Compensation), 10.8 (Transfers), 10.11 (Investment and Environment), 10.12 (Denial of Benefits), 10.14 (Special Formalities and Information Requirements), and 11.12 (Denial of Benefits) are hereby incorporated into and made a part of this Chapter.

(b) Section B of Chapter Ten (Investor-State Dispute Settlement) is hereby incorporated into and made a part of this Chapter solely for claims that a Party has breached Article 10.7, 10.8, 10.12, or 10.14, as incorporated into this Chapter.

(c) Article 11.10 (Transfers and Payments) is incorporated into and made a part of this Chapter to the extent that cross-border trade in financial services is subject to obligations pursuant to Article 12.5.

3. This Chapter does not apply to measures adopted or maintained by a Party relating to:

(a) activities or services forming part of a public retirement plan or statutory system of social security; or

(b) activities or services conducted for the account or with the guarantee or using the financial resources of the Party, including its public entities,

except that this Chapter shall apply if a Party allows any of the activities or services referred to in subparagraph (a) or (b) to be conducted by its financial institutions in competition with a public entity or a financial institution.

4. Subject to subparagraph (c), for two years beginning on the date of entry into force of this Agreement, this Chapter shall not apply to:

(i) measures adopted or maintained by the Dominican Republic relating to financial institutions of Costa Rica, El Salvador, Honduras, or Nicaragua to the extent they supply banking services; investors of Costa Rica, El Salvador, Honduras, or Nicaragua, and investments of such investors, in such financial institutions in the territory of the Dominican Republic; or cross-border trade in banking services between the Dominican Republic and Costa Rica, El Salvador, Honduras, or Nicaragua; or

(ii) measures adopted or maintained by Costa Rica, El Salvador, Honduras, or Nicaragua relating to financial institutions of the Dominican Republic to the extent they supply banking services; investors of the Dominican Republic, and investments of such investors, in such financial institutions in the territory of Costa Rica, El Salvador, Honduras, or Nicaragua; or cross-border trade in banking services between Costa Rica, El Salvador, Honduras, or Nicaragua and the Dominican Republic;

(iii) measures adopted or maintained by the Dominican Republic relating to financial institutions of Guatemala; investors of Guatemala, and investments of such investors, in such financial institutions in the territory of the Dominican Republic; or cross-border trade in financial services between the Dominican Republic and Guatemala; or

(iv) measures adopted or maintained by Guatemala relating to financial institutions of the Dominican Republic; investors of the Dominican Republic, and investments of such investors, in such financial institutions in the territory of Guatemala; or cross-border trade in financial services between Guatemala and the Dominican Republic.

(b) During the two-year period referred to in subparagraph (a), the Dominican Republic and each Central American Party shall seek to agree on those measures described in subparagraph (a) that shall be considered non-conforming measures pursuant to Article 12.9 and that shall be reflected in their respective Schedules to Annex III for purposes of modifying their rights and obligations with respect to each other under this Chapter.

(c) If the Commission approves any such agreement during this period, each relevant Party's schedule shall be modified accordingly. Subparagraph (a) shall cease to apply as between the Dominican Republic and the relevant Central American Party on the date the modification takes effect.

Article 12.2. National Treatment

1. Each Party shall accord to investors of another Party treatment no less favorable than that it accords to its own investors, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments in financial institutions in its territory.

2. Each Party shall accord to financial institutions of another Party and to investments of investors of another Party in financial institutions treatment no less favorable than that it accords to its own financial institutions, and to investments of its own investors in financial institutions, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments.

3. For purposes of the national treatment obligations in Article 12.5.1, a Party shall accord to cross-border financial service suppliers of another Party treatment no less favorable than that it accords to its own financial service suppliers, in like circumstances, with respect to the supply of the relevant service.

Article 12.3. Most-Favored-Nation Treatment

1. Each Party shall accord to investors of another Party, financial institutions of another Party, investments of investors in financial institutions, and cross-border financial service suppliers of another Party treatment no less favorable than that it accords to the investors, financial institutions, investments of investors in financial institutions, and cross-border financial service suppliers of any other Party or of a non-Party, in like circumstances.

2. A Party may recognize prudential measures of another Party or of a non-Party in the application of measures covered by this Chapter. Such recognition may be:

(a) accorded unilaterally;

(b) achieved through harmonization or other means; or

(c) based upon an agreement or arrangement with another Party or a non-Party.

3. A Party according recognition of prudential measures under paragraph 2 shall provide adequate opportunity to another Party to demonstrate that circumstances exist in which there are or would be equivalent regulation, oversight, implementation of regulation, and, if appropriate, procedures concerning the sharing of information between the relevant Parties.

  • Chapter   One Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Extent of Obligations 1
  • Chapter   Two General Definitions 1
  • Article   2.1 Definitions of General Application 1
  • Annex 2.1  Country-Specific Definitions 1
  • Chapter   Three National Treatment and Market Access for Goods 1
  • Article   3.1 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   3.2 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   3.3 Tariff Elimination 1
  • Section   C Special Regimes 1
  • Article   3.4 Waiver of Customs Duties 1
  • Article   3.5 Temporary Admission of Goods 1
  • Article   3.6 Goods Re-entered after Repair or Alteration 2
  • Article   3.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   D Non-Tariff Measures 2
  • Article   3.8 Import and Export Restrictions 2
  • Article   3.9 Import Licensing 2
  • Article   3.10 Administrative Fees and Formalities 2
  • Article   3.11 Export Taxes 2
  • Section   E Other Measures 2
  • Article   3.12 Distinctive Products 2
  • Section   F Agriculture 2
  • Article   3.13 Administration and Implementation of Tariff-Rate Quotas 2
  • Article   3.14 Agricultural Export Subsidies 2
  • Article   3.15 Agricultural Safeguard Measures 2
  • Article   3.16 Sugar Compensation Mechanism 2
  • Article   3.17 Consultations on Trade In Chicken 2
  • Article   3.18 Agriculture Review Commission 2
  • Article   3.19 Committee on Agricultural Trade 2
  • Section   G Textiles and Apparel 2
  • Article   3.20 Refund of Customs Duties 2
  • Article   3.21 Duty-Free Treatment for Certain Goods 2
  • Article   3.22 Elimination of Existing Quantitative Restrictions 2
  • Article   3.23 Textile Safeguard Measures 2
  • Article   3.24 Customs Cooperation  (3) 2
  • Article   3.25 Rules of Origin and Related Matters 3
  • Article   3.26 Most-Favored-Nation Rates of Duty on Certain Goods 3
  • Article   3.27 Preferential Tariff Treatment for Wool Apparel Goods Assembled In Costa Rica 3
  • Article   3.28 Preferential Tariff Treatment for Non-Originating Apparel Goods of Nicaragua 3
  • Article   3.29 Definitions 3
  • Section   H Institutional Provisions 3
  • Article   3.30 Committee on Trade In Goods 3
  • Section   I Definitions 3
  • Article   3.31 Definitions 3
  • Chapter   Four Rules of Origin and Origin Procedures 3
  • Section   A Rules of Origin 3
  • Article   4.1 Originating Goods 3
  • Article   4.2 Regional Value Content 3
  • Article   4.3 Value of Materials 3
  • Article   4.4 Further Adjustments to the Value of Materials 3
  • Article   4.5 Accumulation 4
  • Article   4.6 De Minimis 4
  • Article   4.7 Fungible Goods and Materials 4
  • Article   4.8 Accessories, Spare Parts, and Tools 4
  • Article   4.9 Packaging Materials and Containers for Retail Sale 4
  • Article   4.10 Packing Materials and Containers for Shipment 4
  • Article   4.11 Indirect Materials Used In Production 4
  • Article   4.12 Transit and Transshipment 4
  • Article   4.13 Sets of Goods 4
  • Article   4.14 Consultation and Modifications 4
  • Section   B Origin Procedures 4
  • Article   4.15 Obligations Relating to Importations 4
  • Article   4.16 Claims of Origin 4
  • Article   4.17 Exceptions 4
  • Article   4.18 Obligations Relating to Exportations 4
  • Article   4.19 Record Keeping Requirements 4
  • Article   4.20 Verification 4
  • Article   4.21 Common Guidelines 4
  • Article   4.22 Definitions 4
  • Chapter   Five Customs Administration and Trade Facilitation 5
  • Article   5.1 Publication 5
  • Article   5.2 Release of Goods 5
  • Article   5.3 Automation 5
  • Article   5.4 Risk Management 5
  • Article   5.5 Cooperation 5
  • Article   5.6 Confidentiality 5
  • Article   5.7 Express Shipments 5
  • Article   5.8 Review and Appeal 5
  • Article   5.10 Advance Rulings 5
  • Article   5.12 Capacity Building 5
  • Chapter   Six Sanitary and Phytosanitary Measures 5
  • Article   6.1 Affirmation of the SPS Agreement 5
  • Article   6.2 Scope and Coverage 5
  • Article   6.3 Committee on Sanitary and Phytosanitary Matters 5
  • Chapter   Seven Technical Barriers to Trade 5
  • Article   7.1 Affirmation of the TBT Agreement 5
  • Article   7.2 Scope and Coverage 5
  • Article   7.3 International Standards 5
  • Article   7.4 Trade Facilitation 5
  • Article   7.5 Conformity Assessment 5
  • Article   7.6 Technical Regulations 6
  • Article   7.7 Transparency 6
  • Article   7.8 Committee on Technical Barriers to Trade 6
  • Article   7.9 Information Exchange 6
  • Article   7.10 Definitions 6
  • Chapter   Eight Trade Remedies 6
  • Section   A Safeguards 6
  • Article   8.1 Imposition of a Safeguard Measure 6
  • Article   8.2 Standards for a Safeguard Measure 6
  • Article   8.3 Administration of Safeguard Proceedings 6
  • Article   8.4 Notification and Consultation  6
  • Article   8.5 Compensation 6
  • Article   8.6 Global Actions 6
  • Article   8.7 Definitions 6
  • Section   B Antidumping and Countervailing Duties 6
  • Article   8.8 Antidumping and Countervailing Duties 6
  • Chapter   Nine Government Procurement 6
  • Article   9.1 Scope and Coverage 6
  • Article   9.2 General Principles 6
  • Article   9.3 Publication of Procurement Measures 6
  • Article   9.4 Publication of Notice of Intended Procurement 6
  • Article   9.5 Time Limits for the Tendering Process 6
  • Article   9.6 Tender Documentation 6
  • Article   9.7 Technical Specifications 6
  • Article   9.8 Requirements and Conditions for Participating In Procurement 7
  • Article   9.9 Tendering Procedures 7
  • Article   9.10 Awarding of Contracts 7
  • Article   9.11 Information on Contract Awards 7
  • Article   9.12 Non-Disclosure of Information 7
  • Article   9.13 Ensuring Integrity In Procurement Practices 7
  • Article   9.14 Exceptions 7
  • Article   9.15 Domestic Review of Supplier Challenges 7
  • Article   9.16 Modifications and Rectifications to Coverage 7
  • Article   9.17 Definitions 7
  • Chapter   Ten Investment 7
  • Section   A Investment 7
  • Article   10.1 Scope and Coverage 7
  • Article   10.2 Relation to other Chapters 7
  • Article   10.3 National Treatment 7
  • Article   10.4 Most-Favored-Nation Treatment 7
  • Article   10.5 Minimum Standard of Treatment  (1) 7
  • Article   10.6 Treatment In Case of Strife 7
  • Article   10.7 Expropriation and Compensation  (3) 7
  • Article   10.8 Transfers 7
  • Article   10.9 Performance Requirements 8
  • Article   10.10 Senior Management and Boards of Directors 8
  • Article   10.11 Investment and Environment 8
  • Article   10.12 Denial of Benefits 8
  • Article   10.13 Non-Conforming Measures 8
  • Article   10.14 Special Formalities and Information Requirements 8
  • Section   B Investor-State Dispute Settlement 8
  • Article   10.15 Consultation and Negotiation 8
  • Article   10.16 Submission of a Claim to Arbitration 8
  • Article   10.17 Consent of Each Party to Arbitration 8
  • Article   10.18 Conditions and Limitations on Consent of Each Party 8
  • Article   10.19 Selection of Arbitrators 8
  • Article   10.20 Conduct of the Arbitration 8
  • Article   10.21 Transparency of Arbitral Proceedings 8
  • Article   10.22 Governing Law 9
  • Article   10.24 Expert Reports 9
  • Article   10.25 Consolidation 9
  • Article   10.26 Awards 9
  • Article   10.27 Service of Documents 9
  • Section   C Definitions 9
  • Article   10.28 Definitions 9
  • Annex 10-A  Public Debt 9
  • Annex 10-B  Customary International Law 9
  • Annex 10-C  Expropriation 9
  • Annex 10-D  Treatment in Case of Strife 9
  • Annex 10-E  Submission of a Claim to Arbitration 9
  • Annex 10-F  Appellate Body or Similar Mechanism 9
  • Annex 10-G  Service of Documents on a Party Under Section B 9
  • Chapter   Eleven Cross-Border Trade In Services 10
  • Article   11.1 Scope and Coverage 10
  • Article   11.2 National Treatment 10
  • Article   11.3 Most-Favored-Nation Treatment 10
  • Article   11.4 Market Access 10
  • Article   11.5 Local Presence 10
  • Article   11.6 Non-conforming Measures 10
  • Article   11.7 Transparency In Developing and Applying Regulations  (3) 10
  • Article   11.8 Domestic Regulation 10
  • Article   11.9 Mutual Recognition 10
  • Article   11.10 Transfers and Payments 10
  • Article   11.11 Implementation 10
  • Article   11.12 Denial of Benefits 10
  • Article   11.13 Specific Commitments 10
  • Article   11.14 Definitions 10
  • Chapter   Twelve Financial Services 10
  • Article   12.1 Scope and Coverage 10
  • Article   12.2 National Treatment 10
  • Article   12.3 Most-Favored-Nation Treatment 10
  • Article   12.4 Market Access for Financial Institutions 11
  • Article   12.5 Cross-Border Trade 11
  • Article   12.6 New Financial Services  (3) 11
  • Article   12.7 Treatment of Certain Information 11
  • Article   12.8 Senior Management and Boards of Directors 11
  • Article   12.9 Non-Conforming Measures 11
  • Article   12.10 Exceptions 11
  • Article   12.11 Transparency 11
  • Article   12.12 Self-Regulatory Organizations 11
  • Article   12.13 Payment and Clearing Systems 11
  • Article   12.14 Domestic Regulation 11
  • Article   12.15 Expedited Availability of Insurance Services 11
  • Article   12.16 Financial Services Committee 11
  • Article   12.17 Consultations 11
  • Article   12.18 Dispute Settlement 11
  • Article   12.19 Investment Disputes In Financial Services 11
  • Article   12.20 Definitions 11
  • Chapter   Thirtheen Telecommunications  (1) 12
  • Article   13.1 Scope and Coverage 12
  • Article   13.2 Access to and Use of Public Telecommunications Services 12
  • Article   13.3 Obligations Relating to Suppliers of Public Telecommunications Services  (2) 12
  • Article   13.4 Additional Obligations Relating to Major Suppliers of Public Telecommunications Services  (4) 12
  • Article   13.5 Submarine Cable Systems 12
  • Article   13.6 Conditions for the Supply of Information Services 12
  • Article   13.7 Independent Regulatory Bodies and Government-Owned Telecommunications Suppliers  (9) 12
  • Article   13.8 Universal Service 12
  • Article   13.9 Licenses and other Authorizations 12
  • Article   13.10 Allocation and Use of Scarce Resources 12
  • Article   13.11 Enforcement 12
  • Article   13.12 Resolution of Domestic Telecommunications Disputes 12
  • Article   13.13 Transparency 12
  • Article   13.14 Flexibility In the Choice of Technologies 12
  • Article   13.15 Forbearance 12
  • Article   13.16 Relationship to other Chapters 13
  • Article   13.17 Definitions 13
  • Chapter   Fourteen Electronic Commerce 13
  • Article   14.1 General 13
  • Article   14.2 Electronic Supply of Services 13
  • Article   14.3 Digital Products 13
  • Article   14.4 Transparency 13
  • Article   14.5 Cooperation 13
  • Article   14.6 Definitions 13
  • Chapter   Fifteen Intellectual Property Rights 13
  • Article   15.1 General Provisions 13
  • Article   15.2 Trademarks 13
  • Article   15.3 Geographical Indications Definition 13
  • Article   15.4 Domain Names on the Internet 13
  • Article   15.5 Obligations Pertaining to Copyright and Related Rights 13
  • Article   15.6 Obligations Pertaining Specifically to Copyright 14
  • Article   15.7 Obligations Pertaining Specifically to Related Rights 14
  • Article   15.8 Protection of Encrypted Program-Carrying Satellite Signals 14
  • Article   15.9 Patents 14
  • Article   15.10 Measures Related to Certain Regulated Products 14
  • Article   15.11 Enforcement of Intellectual Property Rights 14
  • Article   15.12 Final Provisions 15
  • Chapter   Sixteen Labor 15
  • Article   16.1 Statement of Shared Commitment 15
  • Article   16.2 Enforcement of Labor Laws 15
  • Article   16.3 Procedural Guarantees and Public Awareness 15
  • Article   16.4 Institutional Arrangements 15
  • Article   16.5 Labor Cooperation and Capacity Building Mechanism 15
  • Article   16.6 Cooperative Labor Consultations 15
  • Article   16.7 Labor Roster 15
  • Article   16.8 Definitions 15
  • Annex 16.5  Labor Cooperation and Capacity Building Mechanism 15
  • Chapter   Seventeen Environment 16
  • Article   17.1 Levels of Protection 16
  • Article   17.2 Enforcement of Environmental Laws 16
  • Article   17.3 Procedural Matters 16
  • Article   17.4 Voluntary Mechanisms to Enhance Environmental Performance 16
  • Article   17.5 Environmental Affairs Council 16
  • Article   17.6 Opportunities for Public Participation 16
  • Article   17.7 Submissions on Enforcement Matters 16
  • Article   17.8 Factual Records and Related Cooperation 16
  • Article   17.9 Environmental Cooperation 16
  • Article   17.10 Collaborative Environmental Consultations 16
  • Article   17.11 Environmental Roster 16
  • Article   17.12 Relationship to Environmental Agreements 16
  • Article   17.13 Definitions 16
  • Annex 17.9  Environmental Cooperation 17
  • Chapter   Eighteen Transparency 17
  • Section   A Transparency 17
  • Article   18.1 Contact Points 17
  • Article   18.2 Publication 17
  • Article   18.3 Notification and Provision of Information 17
  • Article   18.4 Administrative Proceedings 17
  • Article   18.5 Review and Appeal 17
  • Article   18.6 Definitions 17
  • Section   B Anti-Corruption 17
  • Article   18.7 Statement of Principle 17
  • Article   18.8 Anti-Corruption Measures 17
  • Article   18.9 Cooperation In International Fora 17
  • Article   18.10 Definitions 17
  • Chapter   Nineteen Administration of the Agreement and Trade Capacity Building 17
  • Section   A Administration of the Agreement 17
  • Article   19.1 The Free Trade Commission 17
  • Article   19.2 Free Trade Agreement Coordinators 17
  • Article   19.3 Administration of Dispute Settlement Proceedings 17
  • Section   B Trade Capacity Building 17
  • Article   19.4 Committee on Trade Capacity Building 17
  • Annex 19.1  The Free Trade Commission 17
  • Annex 19.1.4  Implementation of Modifications Approved by the Commission 17
  • Annex 19.2  Free Trade Agreement Coordinators 17
  • Annex 19.3  Remuneration and Payment of Expenses 17
  • Chapter   Twenty Dispute Settlement 17
  • Section   A Dispute Settlement 17
  • Article   20.1 Cooperation 17
  • Article   20.2 Scope of Application 17
  • Article   20.3 Choice of Forum 18
  • Article   20.4 Consultations 18
  • Article   20.5 Commission - Good Offices, Conciliation, and Mediation 18
  • Article   20.6 Request for an Arbitral Panel 18
  • Article   20.7 Roster 18
  • Article   20.8 Qualifications of Panelists 18
  • Article   20.9 Panel Selection 18
  • Article   20.10 Rules of Procedure 18
  • Article   20.11 Third Party Participation 18
  • Article   20.12 Role of Experts 18
  • Article   20.13 Initial Report 18
  • Article   20.14 Final Report 18
  • Article   20.15 Implementation of Final Report 18
  • Article   20.16 Non-Implementation - Suspension of Benefits 18
  • Article   20.17 Non-Implementation In Certain Disputes 18
  • Article   20.18 Compliance Review 18
  • Article   20.19 Five-Year Review 18
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 18
  • Article   20.20 Referral of Matters from Judicial or Administrative Proceedings 18
  • Article   20.21 Private Rights 18
  • Article   20.22 Alternative Dispute Resolution 19
  • Annex 20.2  Nullification or Impairment 19
  • Annex 20.17  Inflation Adjustment Formula for Monetary Assessments 19
  • Chapter   Twenty-One Exceptions 19
  • Article   21.1 General Exceptions 19
  • Article   21.2 Essential Security 19
  • Article   21.3 Taxation 19
  • Article   21.4 Balance of Payments Measures on Trade In Goods 19
  • Article   21.5 Disclosure of Information 19
  • Article   21.6 Definitions 19
  • Annex 21.3  Competent Authorities 19
  • Chapter   Twenty-Two Final Provisions 19
  • Article   22.1 Annexes, Appendices, and Footnotes 19
  • Article   22.2 Amendments 19
  • Article   22.3 Amendment of the WTO Agreement 19
  • Article   22.4 Reservations 19
  • Article   22.5 Entry Into Force 19
  • Article   22.6 Accession 19
  • Article   22.7 Withdrawal 19
  • Article   22.8 Depositary 19
  • Article   22.9 Authentic Texts 19
  • Annex I  Explanatory Notes 19
  • Annex I  Schedule of Costa Rica 19
  • Annex I  Schedule of the Dominican Republic 22
  • Annex I  Schedule of El Salvador 24
  • Annex I  Schedule of Guatemala 25
  • Annex I  Schedule of Honduras 26
  • Annex I  Schedule of Nicaragua 28
  • Annex I  Schedule of the United States 30
  • Annex II  31
  • Annex II  Schedule of Costa Rica 31
  • Annex II  Schedule of the Dominican Republic 31
  • Annex II  Schedule of El Salvador 31
  • Annex II  Schedule of Guatemala 31
  • Annex II  Schedule of Honduras 31
  • Annex II  Schedule of Nicaragua 32
  • Annex II  Schedule of the United States 32