Dominican Republic - Central America - United States FTA (CAFTA-DR) (2004)
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(c) no Party may condition the release of any obligation, including any bond, that it imposes in respect of the entry of a vehicle or container into its territory on its exit through any particular port of departure; and

(d) no Party may require that the vehicle or carrier bringing a container from the territory of another Party into its territory be the same vehicle or carrier that takes such container to the territory of another Party.

9. For purposes of paragraph 8, vehicle means a truck, a truck tractor, tractor, trailer unit or trailer, a locomotive, or a railway car or other railroad equipment.

Article 3.6. Goods Re-entered after Repair or Alteration

1. No Party may apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been temporarily exported from its territory to the territory of another Party for repair or alteration, regardless of whether such repair or alteration could be performed 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, regardless of its origin, admitted temporarily from the territory of another Party for repair or alteration.

3. For purposes of this Article, repair or alteration does not include an operation or process that:

(a) destroys a good's essential characteristics or creates a new or commercially different good; or

(b) transforms an unfinished good into a finished good.

Article 3.7. Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials

Each Party shall grant duty-free entry to commercial samples of negligible value and to printed advertising materials, imported from the territory of another Party, regardless of their origin, but may require that:

(a) such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of another Party or a non-Party; or

(b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither such materials nor packets form part of a larger consignment.

Section D. Non-Tariff Measures

Article 3.8. 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 another Party or on the exportation or sale for export of any good destined for the territory of another Party, except in accordance with Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis. (2)

2. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining:

(a) export and import price requirements, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings;

(b) import licensing conditioned on the fulfillment of a performance requirement, except as provided in a Party's Schedule to Annex 3.3; or

(c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as implemented under Article 18 of the SCM Agreement and Article 8.1 of the AD Agreement.

3. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-Party of a good, nothing in this Agreement shall be construed to prevent the Party from:

(a) limiting or prohibiting the importation from the territory of another Party of such good of that non-Party; or

(b) requiring as a condition of export of such good of the Party to the territory of another Party, that the good not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other Party.

4. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, the Parties, on the request of any Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, or distribution arrangements in another Party.

5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 3.2.

6. Neither a Central American Party nor the Dominican Republic may, as a condition for engaging in importation or for the import of a good, require a person of another Party to establish or maintain a contractual or other relationship with a dealer in its territory.

7. Neither a Central American Party nor the Dominican Republic may remedy a violation or alleged violation of any law, regulation, or other measure regulating or otherwise relating to the relationship between any dealer in its territory and any person of another Party, by prohibiting or restricting the importation of any good of another Party.

8. For purposes of this Article:

dealer means a person of a Party who is responsible for the distribution, agency, concession, or representation in the territory of that Party of goods of another Party; and

remedy means to obtain redress or impose a penalty, including through a provisional, precautionary, or permanent measure.

(2) For greater certainty, this paragraph applies, inter alia, to prohibitions or restrictions on the importation of remanufactured goods.

Article 3.9. Import Licensing

1. No Party may adopt or maintain a measure that is inconsistent with the Import Licensing Agreement.

2. Promptly after entry into force of this Agreement, each Party shall notify the other Parties of any existing import licensing procedures, and thereafter shall notify the other Parties of any new import licensing procedure and any modification to its existing import licensing procedures, within 60 days before it takes effect. A notification provided under this Article shall:

(a) include the information specified in Article 5 of the Import Licensing Agreement; and

(b) be without prejudice as to whether the import licensing procedure is consistent with this Agreement.

3. No Party may apply an import licensing procedure to a good of another Party unless it has provided notification in accordance with paragraph 2.

Article 3.10. Administrative Fees and Formalities

1. Each Party shall ensure, in accordance with Article VII:1 of the GATT 1994 and its interpretive notes, that all fees and charges of whatever character (other than customs duties, charges equivalent to an internal tax or other internal charge applied consistently with Article 1:2 of the GATT 1994, and antidumping and countervailing duties) imposed on or in connection with importation or exportation are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes.

2. No Party may require consular transactions, including related fees and charges, in connection with the importation of any good of another Party.

3. Each Party shall make available and maintain through the Internet a current list of the fees and charges it imposes in connection with importation or exportation.

4. The United States shall eliminate its merchandise processing fee on originating goods.

Article 3.11. Export Taxes

Except as provided in Annex 3.11, no Party may adopt or maintain any duty, tax, or other charge on the export of any good to the territory of another Party, unless such duty, tax, or charge is adopted or maintained on any such good:

(a) when exported to the territories of all other Parties; and

(b) when destined for domestic consumption.

Section E. Other Measures

Article 3.12. Distinctive Products

1. Each Central American Party and the Dominican Republic shall recognize Bourbon Whiskey and Tennessee Whiskey, which is a straight Bourbon Whiskey authorized to be produced only in the State of Tennessee, as distinctive products of the United States. Accordingly, those Parties shall not permit the sale of any product as Bourbon Whiskey or Tennessee Whiskey, unless it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon Whiskey and Tennessee Whiskey.

2. At the request of a Party, the Committee on Trade in Goods shall consider whether to recommend that the Parties amend the Agreement to designate a good as a distinctive product for purposes of this Article.

Section F. Agriculture

Article 3.13. Administration and Implementation of Tariff-Rate Quotas

1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement.

2. Each Party shall ensure that:

(a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end user preferences;

(b) any person of a Party that fulfills the Party's legal and administrative requirements shall be eligible to apply and to be considered for an import license or quota allocation under the Party's TRQs;

(c) it does not allocate any portion of a quota to an industry association or non- y Ps q y governmental organization, except as otherwise provided in this Agreement;

(d) solely government authorities administer its TRQs, except as otherwise provided in this Agreement; and

(e) it allocates quotas under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request.

3. Each Party shall strive to administer its TRQs in a manner that allows importers to fully utilize import quotas.

4. No Party may condition application for, or utilization of, import licenses or quota allocations under its TRQs on the re-export of an agricultural good.

5. No Party may count food aid or other non-commercial shipments in determining whether an import quota under its TRQs has been filled.

6. On request of any Party, an importing Party shall consult with the requesting Party regarding the administration of its TRQs.

Article 3.14. Agricultural Export Subsidies

1. The Parties share the objective of the multilateral elimination of export subsidies for agricultural goods and shall work together toward an agreement in the WTO to eliminate those subsidies and prevent their reintroduction in any form.

2. Except as provided in paragraph 3, no Party may introduce or maintain any export subsidy on any agricultural good destined for the territory of another Party.

3. Where an exporting Party considers that a non-Party is exporting an agricultural good to the territory of another Party with the benefit of export subsidies, the importing Party shall, on written request of the exporting Party, consult with the exporting Party with a view to agreeing on specific measures that the importing Party may adopt to counter the effect of such subsidized imports. If the importing Party adopts the agreed-on measures, the exporting Party shall refrain from applying any subsidy to its exports of the good to the territory of the importing Party. If the importing Party does not adopt the agreed-on measures, the exporting Party may apply an export subsidy on its exports of the good to the territory of the importing Party only to the extent necessary to counter the trade-distorting effect of subsidized exports of the good from the non- Party to the importing Party's territory.

Article 3.15. Agricultural Safeguard Measures

1. Notwithstanding Article 3.3, each Party may apply a measure in the form of an additional import duty on an agricultural good listed in that Party's Schedule to Annex 3.15, provided that the conditions in paragraphs 2 through 7 are met. The sum of any such additional import duty and any other customs duty on such good shall not exceed the lesser of:

(a) the prevailing most-favored-nation (MFN) applied rate of duty; or

(b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.

2. A Party may apply an agricultural safeguard measure during any calendar year if the quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule to Annex 3.15.

3. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3.15.

4. No Party may apply an agricultural safeguard measure and at the same time apply or maintain:

(a) a safeguard measure under Chapter Eight (Trade Remedies); or

(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement; with respect to the same good. 5. No Party may apply or maintain an agricultural safeguard measure:

(a) on or after the date that a good is subject to duty-free treatment under the Party’s Schedule to Annex 3.3; or

(b) that increases the in-quota duty on a good subject to a TRQ.

6. Each Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, a Party shall notify any Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with any Party whose good is subject to the measure regarding application of the measure.

7. A Party may maintain an agricultural safeguard measure only until the end of the calendar year in which the Party applies the measure.

8. The Commission and the Committee on Agricultural Trade may review the implementation and operation of this Article.

9. For purposes of this Article and Annex 3.15, agricultural safeguard measure means a measure described in paragraph 1.

Article 3.16. Sugar Compensation Mechanism

1. In any year, the United States may, at its option, apply a mechanism that results in compensation to a Party’s exporters of sugar goods in lieu of according duty-free treatment to some or all of the duty-free quantity of sugar goods established for that Party in Appendix I to the Schedule of the United States to Annex 3.3. Such compensation shall be equivalent to the estimated economic rents that the Party’s exporters would have obtained on exports to the United States of any such amounts of sugar goods and shall be provided within 30 days after the United States exercises this option. The United States shall notify the Party at least 90 days before it exercises this option and, on request, shall enter into consultations with the Party regarding application of the mechanism.

2. For purposes of this Article, sugar good means a good provided for in the subheadings listed in subparagraph 3(c) of Appendix I to the Schedule of the United States to Annex 3.3.

Article 3.17. Consultations on Trade In Chicken

The Parties shall consult on, and review the implementation and operation of the Agreement as it relates to, trade in chicken in the ninth year after the date of entry into force of this Agreement.

Article 3.18. Agriculture Review Commission

The Parties shall establish an Agriculture Review Commission in the 14th year after the date of entry into force of this Agreement to review the implementation and operation of the Agreement as it relates to trade in agricultural goods. The Agriculture Review Commission shall evaluate the effects of trade liberalization under the Agreement, the operation of Article 3.15 and possible extension of agricultural safeguard measures under that Article, progress toward global agricultural trade reform in the WTO, and developments in world agricultural markets. The Agriculture Review Commission shall report its findings and any recommendations to the Commission.

Article 3.19. Committee on Agricultural Trade

1. Not later than 90 days after the date of entry into force of this Agreement, the Parties shall establish a Committee on Agricultural Trade, comprising representatives of each Party.

2. The Committee shall provide a forum for:

(a) monitoring and promoting cooperation on the implementation and administration of this Section;

(b) consultation between the Parties on matters related to this Section in coordination with other committees, subcommittees, working groups, or other bodies established under this Agreement; and

(c) undertaking any additional work that the Commission may assign.

3. The Committee shall meet at least once a year unless it decides otherwise. Meetings of the Committee shall be chaired by the representatives of the Party hosting the meeting.

4. All decisions of the Committee shall be taken by consensus, unless the Committee otherwise decides.

Section G. Textiles and Apparel

Article 3.20. Refund of Customs Duties

1. On request of an importer, a Party shall refund any excess customs duties paid in connection with the importation into its territory of an originating textile or apparel good between January 1, 2004 and the date of entry into force of this Agreement for that Party. For purposes of applying this Article, the importing Party shall consider a good to be originating if the Party would have considered the good to be originating had it been imported into its territory on the date of entry into force of this Agreement for that Party.

2. Paragraph 1 shall not apply with respect to textile or apparel goods imported into, or imported from, the territory of a Party if it provides written notice to the other Parties by no later than 90 days before the date of entry into force of this Agreement for that Party that it will not comply with paragraph 1.

3. Notwithstanding paragraph 2, paragraph 1 shall apply with respect to textile or apparel goods imported from the territory of a Party if it provides written notice to the other Parties by no later than 90 days before the date of entry into force of this Agreement for that Party that it shall provide a benefit for textile or apparel goods imported into its territory that the importing and exporting Parties have agreed is equivalent to the benefit provided in paragraph 1.

4. This Article shall not apply to a textile or apparel good that qualifies for preferential tariff treatment under Article 3.21, 3.27, or 3.28.

Article 3.21. Duty-Free Treatment for Certain Goods

1. An importing and an exporting Party may identify at any time particular textile or apparel goods of the exporting Party that they mutually agree fall within:

(a) hand-loomed fabrics of a cottage industry;

(b) hand-made cottage industry goods made of such hand-loomed fabrics; or

(c) traditional folklore handicraft goods.

2. The importing Party shall grant duty-free treatment to goods so identified, if certified by the competent authority of the exporting Party.

Article 3.22. Elimination of Existing Quantitative Restrictions

Not later than the date of entry into force of this Agreement, the United States shall eliminate the existing quantitative restrictions it maintains under the Agreement on Textiles and Clothing as set out in Annex 3.22.

Article 3.23. Textile Safeguard Measures

1. Subject to the following paragraphs, and during the transition period only, if, as a result of the reduction or elimination of a duty provided for in this Agreement, a textile or apparel good of another Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the extent necessary to prevent or remedy such damage and to facilitate adjustment, apply a textile safeguard measure to that good, consisting of an increase in the rate of duty on the good to a level not to exceed the lesser of:

(a) the most-favored-nation (MFN) applied rate of duty in effect at the time the measure is applied; and

(b) the MFN applied rate of duty in effect on the date of entry into force of this Agreement.

2. In determining serious damage, or actual threat thereof, the importing Party: 3-13

(a) shall examine the effect of increased imports of the good of the other Party on the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which, either alone or combined with other factors, shall necessarily be decisive; and

(b) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

3. The importing Party may apply a textile safeguard measure only following an investigation by its competent authority.

4. If, on the basis of the results of the investigation under paragraph 3, the importing Party intends to apply a textile safeguard measure, the importing Party shall promptly provide written notice to the exporting Party of its intent to apply a textile safeguard measure, and on request shall enter into consultations with that Party. The importing Party and the exporting Party shall begin the consultations without delay and shall complete them within 60 days of the date of receipt of the request. The importing Party shall make a decision on whether to apply a safeguard measure within 30 days of completion of the consultations.

5. The following conditions and limitations apply to any textile safeguard measure:

(a) no Party may maintain a textile safeguard measure for a period exceeding three years;

(b) no Party may apply a textile safeguard measure to the same good of another Party more than once;

(c) on termination of the textile safeguard measure, the Party applying the measure shall apply the rate of duty set out in its Schedule to Annex 3.3, as if the measure had never been applied; and

(d) no Party may maintain a textile safeguard measure beyond the transition period.

6. The Party applying a textile safeguard measure shall provide to the Party against whose good the measure is taken mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the textile safeguard measure. Such concessions shall be limited to textile or apparel goods, unless the consulting Parties otherwise agree. If the consulting Parties are unable to agree on compensation within 30 days of application of a textile safeguard measure, the Party against whose good the measure is taken may take tariff action having trade effects substantially equivalent to the trade effects of the textile safeguard measure. Such tariff action may be taken against any goods of the Party applying the measure. The Party taking the tariff action shall apply such action only for the minimum period necessary to achieve the substantially equivalent trade effects. The importing Party's obligation to provide trade compensation and the exporting Party’s right to take tariff action shall terminate when the textile safeguard measure terminates.

7. (a) Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Safeguards Agreement.

(b) No Party may apply, with respect to the same good at the same time, a textile safeguard measure and:

(i) a safeguard measure under Chapter Eight (Trade Remedies); or

(ii) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.

Article 3.24. Customs Cooperation  (3)

(3) Paragraphs 2, 3, 4, 6, and 7 of this Article shall not apply between the Central American Parties or between any Central American Party and the Dominican Republic.

1. The Customs Authorities of the Parties shall cooperate for purposes of:

(a) enforcing or assisting in the enforcement of their respective laws, regulations, and procedures affecting trade in textile or apparel goods;

(b) ensuring the accuracy of claims of origin for textile or apparel goods; and

(c) deterring circumvention of laws, regulations, and procedures of any Party or international agreements affecting trade in textile or apparel goods.

2. (a) On the written request of an importing Party, an exporting Party shall conduct a verification for purposes of enabling the importing Party to determine:

(i) that a claim of origin for a textile or apparel good is accurate, or

(ii) that the exporter or producer is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods, including:

(A) laws, regulations, and procedures that the exporting Party adopts and maintains pursuant to this Agreement; and

(B) laws, regulations, and procedures of the importing Party and the exporting Party implementing other international agreements regarding trade in textile or apparel goods.

(b) A request under subparagraph (a) shall include specific information regarding the reason the importing Party is requesting the verification and the determination the importing Party is seeking to make.

(c) The exporting Party shall conduct a verification under subparagraph (a)(i), regardless of whether an importer claims preferential tariff treatment for the textile or apparel good for which a claim of origin has been made.

3. The importing Party, through its competent authority, may assist in a verification conducted under paragraph 2(a), or, at the request of the exporting Party, undertake such a verification, including by conducting, along with the competent authority of the exporting Party, visits in the territory of the exporting Party to the premises of an exporter, producer, or any other enterprise involved in the movement of textile or apparel goods from the territory of the exporting Party to the territory of the importing Party.

4. (a) The competent authority of the importing Party shall provide a written request to the competent authority of the exporting Party 20 days before the proposed date of a visit under paragraph 3. The request shall identify the competent authority making the request, the names and titles of the authorized personnel that will conduct the visit, the reason for the visit, including a description of the type of goods that are the subject of the verification, and the proposed dates of the visit.

(b) The competent authority of the exporting Party shall respond within 10 days of receipt of the request, and shall indicate the date on which authorized personnel of the importing Party may perform the visit. The exporting Party shall seek, in accordance with its laws, regulations, and procedures, permission from the enterprise to conduct the visit. If consent is not provided, the importing Party may deny preferential tariff treatment to the type of goods of the enterprise that would have been the subject of the verification, except that the importing Party may not deny preferential tariff treatment to such goods based solely on a postponement of the visit, if there is adequate reason for such postponement.

(c) Authorized personnel of the importing and exporting Parties shall conduct the visit in accordance with the laws, regulations, and procedures of the exporting Party.

(d) On completion of a visit, the importing Party shall provide the exporting Party with an oral summary of the results of the visit and provide it with a written report of the results of the visit within approximately 45 days of the visit. The written report shall include:

(i) the name of the enterprise visited;

(ii) particulars of the shipments that were checked;

  • 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