Dominican Republic - Central America - United States FTA (CAFTA-DR) (2004)
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1. Each Party shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes between private parties in the free trade area.

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

3. A Party shall be deemed to be in compliance with paragraph 2 if it is a party to and is in compliance with the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the 1975 Inter-American Convention on International Commercial Arbitration.

4. The Commission may establish an Advisory Committee on Private Commercial Disputes comprising persons with expertise or experience in the resolution of private international commercial disputes.

This committee shall:

(a) report and provide recommendations to the Commission on general issues referred to it by the Commission respecting the availability, use, and effectiveness of arbitration and other procedures for the resolution of such disputes in the free trade area; and

(b) when the committee considers appropriate, promote technical cooperation between the Parties, in furtherance of the objectives identified in paragraph 1.

Annex 20.2. Nullification or Impairment

 1. If any Party considers that any benefit it could reasonably have expected to accrue to it under any provision of:

(a) Chapters Three through Five (National Treatment and Market Access for Goods, Rules of Origin and Origin Procedures, and Customs Administration and Trade Facilitation);

(b) Chapter Seven (Technical Barriers to Trade);

(c) Chapter Nine (Government Procurement);

(d) Chapter Eleven (Cross-Border Trade in Services); or

(e) Chapter Fifteen (Intellectual Property Rights),

is being nullified or impaired as a result of the application of any measure that is not inconsistent with this Agreement, the Party may have recourse to dispute settlement under this Chapter.

2. A Party may not invoke paragraph 1(d) or (e) with respect to any measure subject to an exception under Article 21.1 (General Exceptions).

Annex 20.17. Inflation Adjustment Formula for Monetary Assessments

1. An annual monetary assessment imposed before December 31, 2005 shall not exceed 15 million dollars (U.S.).

2. Beginning January 1, 2006, the 15 million dollar (U.S.) annual cap shall be adjusted for inflation in accordance with paragraphs 3 through 5.

3. The period used for the accumulated inflation adjustment shall be calendar year 2004 through the most recent calendar year preceding the one in which the assessment is owed.

4. The relevant inflation rate shall be the U.S. inflation rate as measured by the Producer Price Index for Finished Goods published by the U.S. Bureau of Labor Statistics.

5. The inflation adjustment shall be estimated according to the following formula: $15 million x (1+ πi ) =A

πi = accumulated U.S. inflation rate from calendar year 2004 through the most recent calendar year preceding the one in which the assessment is owed.

A= cap for the assessment for the year in question.

Chapter Twenty-One. Exceptions

Article 21.1. General Exceptions

1. For purposes of Chapters Three through Seven (National Treatment and Market Access for Goods, Rules of Origin and Origin Procedures, Customs Administration and Trade Facilitation, Sanitary and Phytosanitary Measures, and Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

2. For purposes of Chapters Eleven, Thirteen, and Fourteen (1) (Cross-Border Trade in Services, Telecommunications, and Electronic Commerce), Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal, or plant life or health.

(1) This Article is without prejudice to whether digital products should be classified as goods or services.

Article 21.2. Essential Security

Nothing in this Agreement shall be construed:

(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 21.3. Taxation

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

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

3. Notwithstanding paragraph 2:

(a) Article 3.2 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article III of the GATT 1994; and

(b) Article 3.10 (Export Taxes) shall apply to taxation measures.

4. Subject to paragraph 2:

(a) Article 11.2 (National Treatment) and Article 12.2 (National Treatment) shall apply to taxation measures on income, capital gains, or on the taxable capital of corporations that relate to the purchase or consumption of particular services, except that nothing in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage relating to the purchase or consumption of particular services on requirements to provide the service in its territory; and

(b) Articles 10.3 (National Treatment) and 10.4 (Most-Favored-Nation Treatment), Articles 11.2 (National Treatment) and 11.3 (Most-Favored-Nation Treatment) and Articles 12.2 (National Treatment) and 12.3 (Most-Favored-Nation Treatment) shall apply to all taxation measures, other than those on income, capital gains, or on the taxable capital of corporations, taxes on estates, inheritances, gifts, and generation-skipping transfers, 

except that nothing in those Articles shall apply:

(c) any most-favored-nation obligation with respect to an advantage accorded by a Party pursuant to any tax convention;

(d) to a non-conforming provision of any existing taxation measure;

(e) to the continuation or prompt renewal of a non-conforming provision of any existing taxation measure;

(f) to an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles;

(g) to the adoption or enforcement of any taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes (as permitted by Article XIV(d) of the GATS); or

(h) to a provision that conditions the receipt, or continued receipt, of an advantage relating to the contributions to, or income of, pension trusts or pension plans on a requirement that the Party maintain continuous jurisdiction over the pension trust or pension plan.

5. Subject to paragraph 2 and without prejudice to the rights and obligations of the Parties under paragraph 3, Article 10.9.2, 10.9.3, and 10.9.4 (Performance Requirements) shall apply to taxation measures.

6. Article 10.7 (Expropriation and Compensation) and Article 10.16 (Submission of a Claim to Arbitration) shall apply to a taxation measure alleged to be an expropriation or a breach of an investment agreement or investment authorization. However, no investor may invoke Article 10.7 as the basis of a claim where it has been determined pursuant to this paragraph that the measure is not an expropriation. An investor that seeks to invoke Article 10.7 with respect to a taxation measure must first refer to the competent authorities of the Parties of the claimant and the respondent set out in Annex 21.3 at the time that it gives its notice of intent under Article 10.16.2 the issue of whether that taxation measure involves an expropriation. If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six months of such referral, the investor may submit its claim to arbitration under Article 10.16.

Article 21.4. Balance of Payments Measures on Trade In Goods

Should a Party decide to impose measures for balance of payments purposes, it shall do so only in accordance with that Party’s rights and obligations under the GATT 1994, including the Declaration on Trade Measures Taken for Balance of Payments Purposes (1979 Declaration) and the Understanding on the Balance of Payments Provisions of the GATT 1994 (BOP Understanding). In adopting such measures, the Party shall immediately consult with the other Parties and shall not impair the relative benefits accorded to the other Parties under this Agreement. (2)

(2) For greater certainty, this Article applies to balance of payments measures imposed on trade in goods.

Article 21.5. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Article 21.6. Definitions

For purposes of this Chapter:

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

taxes and taxation measures do not include:

(a) a customs duty; or

(b) the measures listed in exceptions (b) and (c) of the definition of customs duty.

Annex 21.3. Competent Authorities

For purposes of this Chapter:

competent authorities means

(a) in the case of Costa Rica, the Viceministro de Hacienda;

(b) in the case of the Dominican Republic, the Subsecretario de Estado de Finanzas;

(c) in the case of El Salvador, the Viceministro de Hacienda;

(d) in the case of Guatemala, the Viceministro de Finanzas Piblicas;

(e) in the case of Honduras, the Subsecretario en el Despacho de Finanzas;

(f) in the case of Nicaragua, the Viceministro de Hacienda y Crédito Público; and

(g) in the case of the United States, the Assistant Secretary of the Treasury (Tax Policy), Department of the Treasury,

or their successors.

Chapter Twenty-Two. Final Provisions

Article 22.1. Annexes, Appendices, and Footnotes

The Annexes, Appendices, and footnotes to this Agreement constitute an integral part of this Agreement.

Article 22.2. Amendments

1. The Parties may agree on any amendment of this Agreement. The original English and Spanish texts of any amendment shall be deposited with the Depositary, which shall promptly provide a certified copy to each Party.

2. When so agreed, and approved in accordance with the applicable legal procedures of each Party, an amendment shall constitute an integral part of this Agreement to take effect on the date on which all Parties have notified the Depositary in writing that they have approved the amendment or on such other date as the Parties may agree.

Article 22.3. Amendment of the WTO Agreement

If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with a view to amending the relevant provision of this Agreement, as appropriate, in accordance with Article 22.2.

Article 22.4. Reservations

No Party may enter a reservation in respect of any provision of this Agreement without the written consent of the other Parties.

Article 22.5. Entry Into Force

1. (a) This Agreement shall enter into force on January 1, 2005, provided that the United States and one or more other signatories notify the Depositary in writing by that date that they have completed their applicable legal procedures.

(b) If this Agreement does not enter into force on January 1, 2005, this Agreement shall enter into force after the United States and one or more other signatories make such a notification, on such later date as they may agree.

2. Thereafter, this Agreement shall enter into force for any other signatory 90 days after the date on which that signatory notifies the Depositary in writing that it has completed its applicable legal procedures. Unless the Parties otherwise agree, a signatory may not provide a notification under this paragraph later than two years after the date of entry into force of this Agreement.

3. The Depositary shall promptly inform the Parties and non-Party signatories of any notification under paragraph 1 or 2.

Article 22.6. Accession

1. Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between such country or countries and the Commission and following approval in accordance with the applicable legal procedures of each Party and acceding country.

2. The instrument of accession shall be deposited with the Depositary, which shall promptly inform each Party of the accession.

Article 22.7. Withdrawal

1. Any Party may withdraw from this Agreement by providing written notice of withdrawal to the Depositary. The Depositary shall promptly inform the Parties of such notification.

2. A withdrawal shall take effect six months after a Party provides written notice under paragraph 1, unless the Parties agree on a different period. If a Party withdraws, the Agreement shall remain in force for the remaining Parties.

Article 22.8. Depositary

The original English and Spanish texts of this Agreement shall be deposited with the General Secretariat of the Organization of American States, which shall serve as depositary. The Depositary shall promptly provide a certified copy of the original texts to each signatory.

Article 22.9. Authentic Texts

The English and Spanish texts of this Agreement are equally authentic.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE, at Washington in English and Spanish, on this 5" day of August, 2004.

FOR THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA:

FOR THE GOVERNMENT OF THE DOMINICAN REPUBLIC:

FOR THE GOVERNMENT OF THE REPUBLIC OF EL SALVADOR:

FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA:

FOR THE GOVERNMENT OF THE REPUBLIC OF HONDURAS:

FOR THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA:

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

Attachments

Annex I. Explanatory Notes

1. The Schedule of a Party to this Annex sets out, pursuant to Articles 10.13 (Non- Conforming Measures) and 11.6 (Non-Conforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by:

(a) Articles 10.3 (National Treatment) or 11.2 (National Treatment);

(b) Articles 10.4 (Most-Favored-Nation Treatment) or 11.3 (Most-Favored-Nation Treatment);

(c) Article 11.5 (Local Presence);

(d) Article 10.9 (Performance Requirements);

(e) Article 10.10 (Senior Management and Boards of Directors); or

(f) Article 11.4 (Market Access).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 10.13 (Non-Conforming Measures) and 11.6 (Non- Conforming Measures), do not apply to the listed measure(s);

(c) Level of Government indicates the level of government maintaining the listed measure(s);

(d) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:

(i) means the measure as amended, continued, or renewed as of the date of entry into force of this Agreement, and

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.

4. In accordance with Article 10.13 (Non-Conforming Measures) and 11.6 (Non- Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the law, regulation, or other measure identified in the Measures element of that entry.

5. Where a Party maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 11.2 (National Treatment), 11.3 (Most-Favored-Nation Treatment), or 11.5 (Local Presence) shall operate as a Schedule entry with respect to Article 10.3 (National Treatment), 10.4 (Most-Favored-Nation Treatment), or 10.9 (Performance Requirements) to the extent of that measure.

6. For greater certainty, Article 11.4 (Market Access) refers to non-discriminatory measures.

Annex I. Schedule of Costa Rica

Sector: Irrigation Services

Obligations Concerned: Market Access (Article 11.4)

Level of Government: Central

Measures: Law No. 7593 of 9 August 1996 - Ley de la Autoridad Reguladora de los Servicios Públicos - Arts. 5, 9, and 13

Description: Cross-Border Services

Costa Rica reserves the right to limit the number of concessions to supply irrigation services based on demand for those services.

Priority will be given to concessionaires already supplying the service.

Sector: Solid Waste Treatment Services

Obligations Concerned: Market Access (Article 11.4)

Level of Government: Central

Measures: Law No. 7593 of 9 August 1996 - Ley de la Autoridad Reguladora de los Servicios Públicos -  Arts. 5, 9, and 13

Description: Cross-Border Services

Costa Rica reserves the right to limit the number of concessions to supply solid waste treatment services based on demand for those services. Priority will be given to concessionaires already supplying the service.

Sector: Maritime and Specialty Air Services

Obligations Concerned: Market Access (Article 11.4)

Level of Government: Central

  • 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