Dominican Republic - Central America - United States FTA (CAFTA-DR) (2004)
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(1) In place of the obligations established in this Chapter, Costa Rica shall undertake the specific commitments set out in Annex 13.

Article 13.1. Scope and Coverage

1. This Chapter applies to:

(a) measures adopted or maintained by a Party relating to access to and use of public telecommunications services;

(b) measures adopted or maintained by a Party relating to obligations of suppliers of public telecommunications services;

(c) other measures relating to public telecommunications networks or services; and

(d) measures adopted or maintained by a Party relating to the supply of information services.

2. Except to ensure that enterprises operating broadcast stations and cable systems have continued access to and use of public telecommunications services, this Chapter does not apply to any measure adopted or maintained by a Party relating to broadcast or cable distribution of radio or television programming.

3. Nothing in this Chapter shall be construed to:

(a) require a Party or require a Party to compel any enterprise to establish, construct, acquire, lease, operate, or provide telecommunications networks or services where such networks or services are not offered to the public generally;

(b) require a Party to compel any enterprise exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network; or

(c) prevent a Party from prohibiting persons operating private networks from using their networks to supply public telecommunications networks or services to third parties.

Article 13.2. Access to and Use of Public Telecommunications Services

1. Each Party shall ensure that enterprises of another Party have access to and use of any public telecommunications service, including leased circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6.

2. Each Party shall ensure that such enterprises are permitted to:

(a) purchase or lease, and attach terminal or other equipment that interfaces with a public telecommunications network;

(b) provide services to individual or multiple end-users over leased or owned circuits;

(c) connect owned or leased circuits with public telecommunications networks and services in the territory, or across the borders, of that Party or with circuits leased or owned by another person;

(d) perform switching, signaling, processing, and conversion functions; and

(e) use operating protocols of their choice.

3. Each Party shall ensure that enterprises of another Party may use public telecommunications services for the movement of information in its territory or across its borders and for access to information contained in databases or otherwise stored in machine-readable form in the territory of any Party.

4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to:

(a) ensure the security and confidentiality of messages; or

(b) protect the privacy of non-public personal data of subscribers to public telecommunications services,

subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services.

5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks or services, other than that necessary to:

(a) safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their networks or services available to the public generally; or

(b) protect the technical integrity of public telecommunications networks or services.

6. Provided that conditions for access to and use of public telecommunications networks or services satisfy the criteria set out in paragraph 5, such conditions may include:

(a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services; and

(b) a licensing, permit, registration, or notification procedure which, if adopted or maintained, is transparent and provides for the processing of applications filed thereunder in accordance with the Party's national law or regulation.

Article 13.3. Obligations Relating to Suppliers of Public Telecommunications Services  (2)

(2) This Article is subject to Annex 13.3. Paragraphs 2 through 4 of this Article do not apply with respect to suppliers of commercial mobile services. Nothing in this Article shall be construed to preclude a Party from imposing the requirements set out in this Article on suppliers of commercial mobile services.

Interconnection

1. (a) Each Party shall ensure that suppliers of public telecommunications services in its territory provide, directly or indirectly, interconnection with the suppliers of public telecommunications services of another Party.

(b) In carrying out subparagraph (a), each Party shall ensure that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end-users of public telecommunications services and only use such information for the purpose of providing those services.

(c) Each Party shall provide its telecommunications regulatory body the authority to require public telecommunications suppliers to file their interconnection contracts.

Resale

2. Each Party shall ensure that suppliers of public telecommunications services do not impose unreasonable or discriminatory conditions or limitations on the resale of those services.

Number Portability

3. Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability to the extent technically feasible, on a timely basis, and on reasonable terms and conditions. (3)

Dialing Parity

4. Each Party shall ensure that suppliers of public telecommunications services in its territory provide dialing parity to suppliers of public telecommunications services of another Party, and afford suppliers of public telecommunications services of another Party non- discriminatory access to telephone numbers and related services with no unreasonable dialing delays.

(3) In complying with this paragraph, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua may take into account the economic feasibility of providing number portability.

Article 13.4. Additional Obligations Relating to Major Suppliers of Public Telecommunications Services  (4)

(4) This Article is subject to Annex 13.3. This Article does not apply with respect to suppliers of commercial mobile services. This Article is without prejudice to any rights or obligations that a Party may have under the GATS, and nothing in this Article shall be construed to preclude a Party from imposing the requirements set out in this Article on suppliers of commercial mobile services.

Treatment by Major Suppliers

1. Each Party shall ensure that major suppliers in its territory accord suppliers of public telecommunications services of another Party treatment no less favorable than such major suppliers accord to their subsidiaries, their affiliates, or non-affiliated service suppliers regarding:

(a) the availability, provisioning, rates, or quality of like public telecommunications services; and

(b) the availability of technical interfaces necessary for interconnection. Competitive Safeguards

2. (a) Each Party shall maintain (5) appropriate measures for the purpose of preventing suppliers who, alone or together, are a major supplier in its territory from engaging in or continuing anti-competitive practices.

(b) The anti-competitive practices referred to in subparagraph (a) include in particular:

(i) engaging in anti-competitive cross-subsidization;

(ii) using information obtained from competitors with anti-competitive results; and

(iii) not making available, on a timely basis, to suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information which are necessary for them to provide public telecommunications services.

3. Each Party shall ensure that major suppliers in its territory:

(a) offer for resale, at reasonable rates, (6) to suppliers of public telecommunications services of another Party, public telecommunications services that such major suppliers provide at retail to end-users that are not suppliers of public telecommunications services; and

(b) do not impose unreasonable or discriminatory conditions or limitations on the resale of such services. (7)

Unbundling of Network Elements

4. (a) Each Party shall provide its telecommunications regulatory body the authority to require major suppliers in its territory to offer access to network elements on an unbundled basis on terms, conditions, and at cost-oriented rates that are reasonable, non-discriminatory, and transparent for the supply of public telecommunications services.

(b) Each Party may determine the network elements required to be made available in its territory, and the suppliers that may obtain such elements, in accordance with its law and regulations.

Interconnection

5. (a) General Terms and Conditions

Each Party shall ensure that major suppliers in its territory provide interconnection for the facilities and equipment of suppliers of public telecommunications services of another Party:

(i) at any technically feasible point in the major supplier's network;

(ii) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;

(iii) of a quality no less favorable than that provided by such major suppliers for their own like services, for like services of non-affiliated service suppliers, or for their subsidiaries or other affiliates;

(iv) in a timely fashion, on terms, conditions (including technical standards and specifications), and, subject to Annex 13.4.5, cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers need not pay for network components or facilities that they do not require for the service to be provided; and

(v) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

(b) Options for Interconnecting with Major Suppliers

Each Party shall ensure that suppliers of public telecommunications services of another Party may interconnect their facilities and equipment with those of major suppliers in its territory pursuant to at least one of the following options:

(i) a reference interconnection offer or another standard interconnection offer containing the rates, terms, and conditions that the major suppliers offer generally to suppliers of public telecommunications services; or

(ii) the terms and conditions of an interconnection agreement in force or through negotiation of a new interconnection agreement.

(c) Public Availability of Interconnection Offers

Each Party shall require major suppliers in its territory to make publicly available reference interconnection offers or other standard interconnection offers containing the rates, terms, and conditions that the major suppliers offer generally to suppliers of public telecommunications services.

(d) Public Availability of the Procedures for Interconnection Negotiations

Each Party shall make publicly available the applicable procedures for interconnection negotiations with major suppliers in its territory.

(e) Public Availability of Interconnection Agreements Concluded with Major Suppliers

(i) Each Party shall require major suppliers in its territory to file all interconnection agreements to which they are party with its telecommunications regulatory body or other relevant body.

(ii) Each Party shall make publicly available interconnection agreements in force between major suppliers in its territory and other suppliers of public telecommunications services in its territory.

Provisioning and Pricing of Leased Circuits Services

6. (a) Each Party shall ensure that major suppliers in its territory provide enterprises of another Party leased circuits services that are public telecommunications services on terms, conditions, and at rates that are reasonable and non- discriminatory.

(b) In carrying out subparagraph (a), each Party shall provide its telecommunications regulatory body the authority to require major suppliers in its territory to offer leased circuits services that are public telecommunications services to enterprises of another Party at flat-rate, cost-oriented prices.

Co-location

7. (a) Subject to subparagraphs (b) and (c), each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications services of another Party physical co-location of equipment necessary for interconnection on terms, conditions, and at cost-oriented rates that are reasonable, non-discriminatory, and transparent.

(b) Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory:

(i) provide an alternative solution, or

(ii) facilitate virtual co-location in its territory,

on terms, conditions, and at cost-oriented rates that are reasonable, non- discriminatory, and transparent.

(c) Each Party may specify in its law or regulations which premises are subject to subparagraphs (a) and (b).

Access to Rights-of-Way

8. Subject to Annex 13.4.8, each Party shall ensure that major suppliers in its territory afford access to their poles, ducts, conduits, and rights-of-way to suppliers of public telecommunications services of another Party on terms, conditions, and at rates that are reasonable and non-discriminatory.

(5) For purposes of paragraph 2, "maintain" a measure includes the actual implementation of such measure, as appropriate.
(6) For purposes of subparagraph (a), wholesale rates set pursuant to a Party's law and regulations satisfy the standard of reasonableness.
(7) Where provided in its law or regulations, a Party may prohibit a reseller that obtains, at wholesale rates, a public telecommunications service available at retail to only a limited category of subscribers from offering the service to a different category of subscribers.

Article 13.5. Submarine Cable Systems

Each Party shall ensure reasonable and non-discriminatory treatment for access to submarine cable systems (including landing facilities) in its territory, where a supplier is authorized to operate a submarine cable system as a public telecommunications service.

Article 13.6. Conditions for the Supply of Information Services

1. No Party may require an enterprise in its territory that it classifies (8) as a supplier of information services and that supplies such services over facilities that it does not own to:

(a) supply such services to the public generally;

(b) cost-justify its rates for such services;

(c) file a tariff for such services;

(d) interconnect its networks with any particular customer for the supply of such services; or

(e) conform with any particular standard or technical regulation for interconnection other than for interconnection to a public telecommunications network.

2. Notwithstanding paragraph 1, a Party may take the actions described in subparagraphs (a) through (e) to remedy a practice of a supplier of information services that the Party has found in a particular case to be anti-competitive under its law or regulations, or to otherwise promote competition or safeguard the interests of consumers.

(8) For purposes of applying this provision, each Party may, through its telecommunications regulatory body, classify which services in its territory are information services.

Article 13.7. Independent Regulatory Bodies and Government-Owned Telecommunications Suppliers  (9)

(9) Each Party shall endeavor to ensure that its telecommunications regulatory body has adequate resources to carry out its functions.

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. To this end, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest or maintain an operating role in any such supplier.

2. Each Party shall ensure that the decisions and procedures of its telecommunications regulatory body are impartial with respect to all interested persons. To this end, each Party shall ensure that any financial interest that it holds in a supplier of public telecommunications services does not influence the decisions and procedures of its telecommunications regulatory body.

3. No Party may accord more favorable treatment to a supplier of public telecommunications services or to a supplier of information services than that accorded to a like supplier of another Party on the ground that the supplier receiving more favorable treatment is owned, wholly or in part, by the national government of the Party.

Article 13.8. Universal Service

Each Party shall administer any universal service obligation that it maintains in a transparent, non-discriminatory, and competitively neutral manner and shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined.

Article 13.9. Licenses and other Authorizations

1. Where a Party requires a supplier of public telecommunications services to have a license, concession, permit, registration, or other type of authorization, the Party shall make publicly available:

(a) all applicable licensing or authorization criteria and procedures it applies;

(b) the time it normally requires to reach a decision concerning an application for a license, concession, permit, registration, or other type of authorization; and

(c) the terms and conditions of all licenses or authorizations it has issued.

2. Each Party shall ensure that, on request, an applicant receives the reasons for the denial of a license, concession, permit, registration, or other type of authorization.

Article 13.10. Allocation and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers, and rights-of-way, in an objective, timely, transparent, and non-discriminatory manner.

2. Each Party shall make publicly available the current state of allocated frequency bands but shall not be required to provide detailed identification of frequencies allocated for specific government uses.

3. For greater certainty, a Party's measures regarding the allocation and assignment of spectrum and regarding frequency management are not measures that are per se inconsistent with Article 11.4 (Market Access), which is applied to Chapter Ten (Investment) through Article 11.1.3 (Scope and Coverage). Accordingly, each Party retains the right to establish and apply its spectrum and frequency management policies, which may limit the number of suppliers of public telecommunications services, provided that it does so in a manner that is consistent with this Agreement. Each Party also retains the right to allocate frequency bands taking into account present and future needs.

Article 13.11. Enforcement

Each Party shall provide its competent authority with the authority to establish and enforce the Party's measures relating to the obligations set out in Articles 13.2 through 13.5. Such authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension, and revocation of licenses or other authorizations.

Article 13.12. Resolution of Domestic Telecommunications Disputes

Further to Articles 18.4 (Administrative Proceedings) and 18.5 (Review and Appeal), each Party shall ensure the following:

Recourse to Telecommunications Regulatory Bodies

(a) (i) Each Party shall ensure that enterprises of another Party may seek review by a telecommunications regulatory body or other relevant body to resolve disputes regarding the Party's measures relating to a matter set out in Articles 13.2 through 13.5.

(ii) Each Party shall ensure that suppliers of public telecommunications services of another Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly available period of time after the supplier requests interconnection, by a telecommunications regulatory body (10) to resolve disputes regarding the terms, conditions, and rates for interconnection with such major supplier.

Reconsideration

(b) Each Party shall ensure that any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may petition the body to reconsider that determination or decision. No Party may permit such a petition to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body unless an appropriate authority stays such determination or decision.

Judicial Review

(c) Each Party shall ensure that any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the Party’s telecommunications regulatory body may obtain judicial review of such determination or decision by an independent judicial authority.

(10) In the United States, this body may be a state regulatory authority.

Article 13.13. Transparency

Further to Articles 18.2 (Publication) and 18.3 (Notification and Provision of Information), each Party shall ensure that:

(a) rulemakings, including the basis for such rulemakings, of its telecommunications regulatory body and end-user tariffs filed with its telecommunications regulatory body are promptly published or otherwise made publicly available;

(b) interested persons are provided with adequate advance public notice of, and the opportunity to comment on, any rulemaking that its telecommunications regulatory body proposes; and

(c) its measures relating to public telecommunications services are made publicly available, including measures relating to:

(i) tariffs and other terms and conditions of service;

(ii) procedures relating to judicial and other adjudicatory proceedings;

(iii) specifications of technical interfaces;

(iv) bodies responsible for preparing, amending, and adopting standards-related measures affecting access and use;

(v) conditions for attaching terminal or other equipment to the public telecommunications network; and

(vi) notification, permit, registration, or licensing requirements, if any.

Article 13.14. Flexibility In the Choice of Technologies

No Party may prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, including commercial mobile wireless services, subject to requirements necessary to satisfy legitimate public policy interests.

Article 13.15. Forbearance

The Parties recognize the importance of relying on market forces to achieve wide choices in the supply of telecommunications services. To this end, each Party may forbear from applying a regulation to a service that the Party classifies as a public telecommunications service, if its telecommunications regulatory body determines that:

  • 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