Central America - EU Association Agreement (2012)
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(c) the applicant of a licence or an authorisation shall be able to seek recourse before a competent body in accordance with the respective legislation in case that a licence or authorisation application is unduly denied.

(23) For the purposes of this Section, the term authorisation shall be understood to include the licenses, concessions, permits, registers and any other authorizations that a Party may require to supply telecommunications services.

Article 188. Competitive Safeguards on Major Suppliers

The Parties shall introduce or maintain appropriate measures for the purpose of preventing suppliers who, alone or together, are a major supplier, from engaging in or continuing anti-competitive practices. These anti-competitive practices shall include in particular:

(a) engaging in anti-competitive cross-subsidisation (24);

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

(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

(24) Only for the EU Party, "or margin squeeze".

Article 189. Interconnection  (25)

1. Any supplier authorised to provide public telecommunications services shall have the right to negotiate interconnection with other suppliers of public telecommunications networks and services. Interconnection should in principle be agreed on the basis of a commercial negotiation between the suppliers concerned, without prejudice of the power of the regulatory authority to intervene in accordance with the respective legislation.

2. The suppliers that acquire information from another supplier during the process of negotiating interconnection arrangements shall be obliged to use that information solely for the purpose for which it was supplied and shall respect at all times the confidentiality of information transmitted or stored.

3. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be provided in accordance with the respective domestic legislation:

(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

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

(c) upon 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.

4. The procedures applicable for interconnection to a major supplier shall be made publicly available.

5. Major suppliers shall make publicly available either their interconnection agreements in force or their reference interconnection offers, or both, in accordance with the respective legislation.

6. A service supplier requesting interconnection with a major supplier shall have recourse, after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory authority as referred to in Article 186, to decide disputes regarding appropriate terms, conditions and rates for interconnection.

(25) Paragraphs 3, 4 and 5, do not apply with respect to suppliers of commercial mobile services, nor rural telecommunications services suppliers. For greater certainty, 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.

Article 190. Scarce Resources

Any procedure for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

Article 191. Universal Service

1. Each Party has the right to define the kind of universal service obligations it wishes to establish or maintain.

2. Such obligations shall not be regarded as anti-competitive per se, provided they are administered in a transparent, objective and non-discriminatory way. The administration of such obligations shall also be neutral with respect to competition and be not more burdensome than necessary for the kind of universal service defined by the Party.

3. All suppliers should be eligible to ensure universal service. The designation shall be made through an efficient, transparent and non-discriminatory mechanism, in accordance with the respective legislation.

4. The Parties shall ensure that:

(a) directories of all fixed telephony subscribers are available to users in accordance with the respective legislation; and

(b) organisations that provide the services referred to in paragraph (a) apply the principle of non-discrimination to the treatment of information that has been provided to them by other organisations.

Article 192. Confidentiality of Information

Each Party, in accordance with its respective legislation, shall ensure the confidentiality of telecommunications and related traffic data by means of a public telecommunication network and publicly available telecommunications services, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade in services.

Article 193. Disputes between Suppliers

In the event of a dispute arising between suppliers of telecommunications networks or services in connection with rights and obligations arising from Article 188 and Article 189, the national regulatory authority concerned or another relevant authority shall, at the request of either supplier and in accordance with the procedures established in their respective legislation, issue a binding decision to resolve the dispute in the shortest possible time frame. Financial services

Article 194. Scope and Definitions

1. This Section sets out the principles of the regulatory framework for all financial services committed in the lists of commitments pursuant to Chapters 2, 3 and 4 of this Title.

2. For the purposes of this Chapter and Chapters 2, 3 and 4 of this Title:

(a) "financial service" means any service of a financial nature offered by a financial service supplier of a Party. Financial services comprise the following activities: A. Insurance and insurance-related services:

1. direct insurance (including co-insurance):

(a) life;

(b) non-life;

2. reinsurance and retrocession;

3. insurance inter-mediation, such as brokerage and agency; and

4. services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.

B. Banking and other financial services (excluding insurance):

1. acceptance of deposits and other repayable funds from the public;

2. lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;

3. financial leasing;

4. all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

5. guarantees and commitments;

6. trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(a) money market instruments (including cheques, bills, certificates of deposits);

(b) foreign exchange;

(c) derivative products including, but not limited to, futures and options;

(d) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(e) transferable securities;

(f) other negotiable instruments and financial assets, including bullion;

7. participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

8. money broking;

9. asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

10. settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

11. provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; and

12. advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs 1 to 11, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

(b) "financial service supplier" means any natural or juridical person of a Party that seeks to provide or provides financial services. The term "financial service supplier" does not include a public entity.

(c) "public entity" means:

(i) a government, a central bank or a monetary authority, of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(ii) a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions.

(d) "new financial service" means a financial service not supplied in the Party's territory that is supplied within the territory of the other Party, and includes any new form of delivery of a financial service or the sale of a financial product that is not sold in the Party's territory.

Article 195. Prudential Carve-out

1. Each Party may adopt or maintain measures for prudential reasons, such as:

(a) the protection of investors, depositors, financial market users, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

(b) the maintenance of the safety, soundness, integrity or financial responsibility of financial services suppliers; and

(c) ensuring the integrity and stability of a Party's financial system.

2. Where such measures do not conform with the provisions of this Chapter, they shall not be used as a means of avoiding the Party's commitments or obligations under the Chapter. 3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual consumers or any confidential or proprietary information in the possession of public entities.

Article 196. Effective and Transparent Regulation

1. Each Party shall make its best endeavours to provide in advance to all interested persons any measure of general application that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such measure shall be provided:

(a) by means of an official publication; or

(b) in other written or electronic form.

2. Each Party shall make available to interested persons its requirements for completing applications relating to the supply of financial services. Upon request of an applicant, the Party concerned shall inform the applicant of the status of its application. If the Party concerned requires additional information from the applicant, it shall notify the applicant without undue delay.

3. Each Party shall make its best endeavours to implement and apply in its territory internationally agreed standards for regulation and supervision in the financial services sector and for the fight against money laundering or other assets and terrorism financing, and the fight against tax evasion and avoidance.

Article 197. New Financial Services

1. A Party shall permit financial services suppliers of the other Party established within its territory to offer in its territory any new financial service within the scope of the subsectors and financial services committed in its lists of commitments and subject to the terms, limitations, conditions and qualifications established in such lists of commitments and provided that the introduction of this new financial service does not require a new law or the modification of an existing law.

2. In accordance with paragraph 1, a Party may determine the legal form through which the service may be provided and may require authorisation for the provision of the financial service. Where such authorisation is required, a decision shall be taken within a reasonable period of time and the authorisation may only be refused for prudential reasons.

Article 198. Data Processing

1. Each Party shall permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the ordinary course of business of the financial service supplier (26).

2. Each Party shall adopt or maintain adequate safeguards to the protection of privacy and fundamental rights, and freedom of individuals, in particular with regard to the transfer of personal data.

(26) For greater certainty, the obligation contained in this Article shall not be considered a specific commitment pursuant to Article 194, paragraph 2(a).

Article 199. Specific Exceptions

1. Nothing in this Title shall prevent a Party, including its public entities, from exclusively conducting or providing within its territory activities or services forming part of a public retirement plan or statutory system of social security, except when those activities may be carried out, as provided by the Party's domestic regulation, by financial service suppliers in competition with public entities or private institutions.

2. Nothing in this Agreement applies to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.

3. Nothing in this Title shall prevent a Party, including its public entities, from exclusively conducting or providing within its territory activities or services for the account or with the guarantee or using the financial resources of the Party, or its public entities.

Section F. International Maritime Transport Services

Article 200. Scope, Definitions and Principles

1. This Section sets out the principles regarding international maritime transport services committed in the lists of commitments pursuant to Chapters 2, 3 and 4 of this Title.

2. For the purpose of this Section and Chapters 2, 3 and 4 of this Title:

(a) "international maritime transport" covers door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and to this effect includes the right for international maritime transport suppliers to contract directly with providers of other modes of transport (27);

(b) "maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of: (i) the loading/discharging of cargo to/from a ship;

(ii) the lashing/unlashing of cargo;

(iii) the reception/delivery and safekeeping of cargoes before shipment or after discharge;

(c) "customs clearance services" (alternatively "customs house brokers' services") means activities consisting of carrying out on behalf of another party, customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;

(d) "container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;

(e) "maritime agency services" means activities consisting in representing as an agent, within a given geographic area, the business interests of one or more shipping lines or shipping companies, for the following purposes:

(i) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;

(ii) acting on behalf of the companies organising the call of the ship or taking over cargoes when required;

(f) "freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

3. In view of the existing situation between the Parties in international maritime transport, each Party shall:

(a) effectively apply the principle of unrestricted access to the international maritime markets and trade routes on a commercial and non-discriminatory basis; and

(b) grant to ships flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships with regard to access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading (28).

4. In applying these principles, each Party shall:

(a) not introduce cargo-sharing arrangements in future bilateral agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous bilateral agreements; and

(b) subject to the lists of commitments pursuant to Chapters 2, 3 and 4 of this Title, ensure that any existing or future measures adopted regarding international maritime transport services are non-discriminatory and do not constitute a disguised restriction on international maritime transport services.

5. Each Party shall permit international maritime service suppliers of the other Party to have an establishment within its territory in accordance with Article 165.

6. The Parties shall ensure that the services provided at ports are offered on non discriminatory terms and conditions. The services available may include pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain's services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services.

(27) For greater certainty, the scope of application of this definition shall not imply the supply of a transport service. For the purpose of this definition, single transport document shall refer to a document that permits customers to conclude a single contract with a shipping company for a door to door transport operation.
(28) The provisions of this subparagraph refer only to access to services but shall not allow the supply of services.

Chapter 6. Electronic Commerce

Article 201. Objective and Principles

1. The Parties, recognising that e-commerce increases trade opportunities in many sectors, agree to promote the development of e-commerce between them, in particular by cooperating on the issues relating to e-commerce under the provisions of this Title.

2. The Parties recognise that the development of e-commerce shall be compatible with international standards of data protection, in order to ensure the confidence of users of e-commerce. 3. The Parties agree not to impose customs duties on deliveries by electronic means.

Article 202. Regulatory Aspects of E-commerce

The Parties shall maintain a dialogue on regulatory issues relating to e-commerce, which will inter alia address the following issues:

(a) the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;

(b) the treatment of unsolicited electronic commercial communications;

(c) the protection of consumers in the ambit of e-commerce; and

(d) any other issue relevant for the development of e-commerce.

Chapter 7. Exceptions

Article 203. General Exceptions

1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Title shall be construed to prevent the adoption or enforcement by any Party of measures which are:

(a) necessary to protect public security or public morals or to maintain public order;

(b) necessary to protect human, animal or plant life or health;

(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

(d) necessary for the protection of national treasures of artistic, historic or archaeological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii) safety;

(f) inconsistent with Articles 165 and 171 of this Title, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, investors, services or service suppliers of the other Party (29).

2. The provisions of this Title and of the corresponding Annexes on Lists of Commitments shall not apply to the Parties' respective social security systems or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of official authority.

(29) Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which: (a) apply to non-resident investors and services suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; or (b) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; or (c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; or (d) apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; or (e) distinguish investors and service suppliers subject to tax on worldwide taxable items from other investors and service suppliers, in recognition of the difference in the nature of the tax base between them; or (f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base. Tax terms or concepts in paragraph (f) of this provision and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

Title IV. Current Payments and Capital Movements

Article 204. Objective and Scope

1. The Parties shall aim at the liberalisation of current payments and capital movements between them, in conformity with the commitments undertaken in the framework of the international financial institutions and with due consideration to each Party's currency stability.

2. This Title applies to all current payments and capital movements between the Parties.

Article 205. Current Account

The Parties shall allow or authorise, as appropriate, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, including in particular the provisions of Article VIII, any payments and transfers on the current account between the Parties.

Article 206. Capital Account

With regard to transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall allow or ensure, where applicable, the free movement of capital relating to direct investments made in juridical persons formed in accordance with the laws of the host country and investments and other transactions made in accordance with the provisions of Title III (Establishment, Trade in Services and Electronic Commerce) (30) of Part IV of this Agreement, and the liquidation and repatriation of these investments and of any profit stemming therefrom.

(30) For greater certainty, the exceptions included in Part V of this Agreement, as well as the exceptions included in Title III (Establishment, Trade in Services and Electronic Commerce) of Part IV of this Agreement, shall also be applicable to this Title.

Article 207. Safeguard Measures

Where, in exceptional circumstances, capital movements between the Parties, cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in a Party, the Party concerned may take safeguard measures with regard to capital movements for a period not exceeding one year. The application of safeguard measures may be extended through their formal reintroduction in case of extremely exceptional circumstances and after having coordinated in advance between the Parties regarding the implementation of any proposed formal reintroduction (31).

(31) The reintroduction of safeguard measures shall not be subject to authorisation of the Parties.

Article 208. Final Provisions

  • Part   I GENERAL AND INSTITUTIONAL PROVISIONS 1
  • Title   I Nature and Scope of this Agreement 1
  • Article   1 Principles 1
  • Article   2 Objectives 1
  • Article   3 Scope 1
  • Title   II Institutional Framework 1
  • Article   4 Association Council 1
  • Article   5 Composition and Rules of Procedures 1
  • Article   6 Decision-making Powers 1
  • Article   7 Association Committee 1
  • Article   8 Sub-committees 1
  • Article   9 Association Parliamentary Committee 1
  • Article   10 Joint Consultative Committee 1
  • Article   11 Civil Society 1
  • Part   II Political Dialogue 1
  • Article   12 Objectives 1
  • Article   13 Areas 1
  • Article   14 Disarmament 1
  • Article   15 Weapons of Mass Destruction 1
  • Article   16 Fight Against Terrorism 2
  • Article   17 Serious Crimes of International Concern 2
  • Article   18 Finance for Development 2
  • Article   19 Migration 2
  • Article   20 Environment 2
  • Article   21 Citizen Security 2
  • Article   22 Good Governance In the Tax Area 2
  • Article   23 Common Economic-financial Credit Fund 2
  • Part   III COOPERATION 2
  • Article   24 Objectives 2
  • Article   25 Principles 2
  • Article   26 Modalities and Methodology 2
  • Article   27 Evolutionary Clause 2
  • Article   28 Statistics Cooperation 2
  • Title   I Democracy, Human Rights and Good Governance 2
  • Article   29 Democracy and Human Rights 2
  • Article   30 Good Governance 2
  • Article   31 Modernisation of the State and Public Administration, Including Decentralisation 2
  • Article   32 Conflict Prevention and Resolution 2
  • Article   33 Reinforcement of Institutions and Rule of Law 2
  • Title   II Justice, Freedom and Security 2
  • Article   34 Personal Data Protection 2
  • Article   35 Illicit Drugs 2
  • Article   36 Money Laundering, Including the Financing of Terrorism 2
  • Article   37 Organised Crime and Citizen Security 2
  • Article   38 The Fight Against Corruption 2
  • Article   39 Illicit Trafficking of Small Arms and Light Weapons 3
  • Article   40 The Fight Against Terrorism with Full Respect for Human Rights 3
  • Title   III Social Development and Social Cohesion 3
  • Article   41 Social Cohesion Including the Fight Against Poverty, Inequalities and Exclusion 3
  • Article   42 Employment and Social Protection 3
  • Article   43 Education and Training 3
  • Article   44 Public Health 3
  • Article   45 Indigenous Peoples and other Ethnic Groups 3
  • Article   46 Vulnerable Groups 3
  • Article   47 Gender 3
  • Article   48 Youth 3
  • Title   IV Migration 3
  • Article   49 Migration 3
  • Title   V Environment, Natural Disasters and Climate Change 3
  • Article   50 Cooperation on Environment 3
  • Article   51 Management of Natural Disasters 3
  • Title   VI Economic and Trade Development 3
  • Article   52 Cooperation and Technical Assistance In the Field of Competition Policy 3
  • Article   53 Customs Cooperation and Mutual Assistance 3
  • Article   54 Cooperation and Technical Assistance on Customs and Trade Facilitation 3
  • Article   55 Cooperation and Technical Assistance on Intellectual Property and Technology Transfer 3
  • Article   56 Cooperation on Establishment, Trade In Services and Electronic Commerce 3
  • Article   57 Cooperation and Technical Assistance on Technical Barriers to Trade 4
  • Article   58 Cooperation and Technical Assistance on Government Procurement 4
  • Article   59 Cooperation and Technical Assistance on Fisheries and Aquaculture 4
  • Article   60 Cooperation and Technical Assistance on Artisanal Goods 4
  • Article   61 Cooperation and Technical Assistance on Organic Goods 4
  • Article   62 Cooperation and Technical Assistance on Food Safety, Sanitary and Phytosanitary Matters and Animal Welfare Issues 4
  • Article   63 Cooperation and Technical Assistance on Trade and Sustainable Development 4
  • Article   64 Industrial Cooperation 4
  • Article   65 Energy (including Renewable Energy) 4
  • Article   66 Cooperation on Mining 4
  • Article   67 Fair and Sustainable Tourism 4
  • Article   68 Transport Cooperation 4
  • Article   69 Good Governance In the Tax Area 4
  • Article   70 Micro, Small and Medium Enterprises 4
  • Article   71 Cooperation on Microcredit and Microfinance 4
  • Title   VII Regional Integration 4
  • Article   72 Cooperation In the Field of Regional Integration 4
  • Article   73 Regional Cooperation 4
  • Title   VIII Culture and Audio-visual Cooperation 4
  • Article   74 Culture and Audio-visual Cooperation 4
  • Section   TITLE IX Knowledge Society 4
  • Article   75 Information Society 4
  • Article   76 Scientific and Technological Cooperation 4
  • Part   IV TRADE 5
  • Title   I INITIAL PROVISIONS 5
  • Article   77 Establishment of a Free Trade Area and Relation to the Wto Agreement 5
  • Article   78 Objectives 5
  • Article   79 Definitions of General Application 5
  • Title   II TRADE IN GOODS 5
  • Chapter   1 National Treatment and Market Access for Goods 5
  • Section   A General Provisions 5
  • Article   80 Objective 5
  • Article   81 Scope 5
  • Section   B Elimination of Custom Duties 5
  • Article   82 Classification of Goods 5
  • Article   83 Elimination of Customs Duties 5
  • Article   84 Standstill 5
  • Section   C Non-tariff Measures 5
  • Article   85 National Treatment 5
  • Article   86 Import and Export Restrictions 5
  • Article   87 Fees and other Charges on Imports and Exports 5
  • Article   88 Duties or Taxes on Exports 5
  • Section   D Agriculture 5
  • Article   89 Agricultural Export Subsidies 5
  • Section   E Fisheries, Aquaculture, Artisanal Goods and Organic Products 5
  • Article   90 Technical Cooperation 5
  • Section   F Institutional Provisions 5
  • Article   91 Sub-committee on Market Access for Goods 5
  • Chapter   2 Trade Remedies 5
  • Section   A Anti-dumping and Countervailing Measures 5
  • Article   92 General Provisions 5
  • Article   93 Transparency and Legal Certainty 5
  • Article   94 Consideration of Public Interest 5
  • Article   95 Lesser Duty Rule 5
  • Article   96 Causal Link 5
  • Article   97 Cumulative Assessment 5
  • Article   98 Exclusion from Dispute Settlement Procedures 5
  • Section   B Safeguard Measures 5
  • Subsection   B.1 General Provisions 5
  • Article   99 Administration of Safeguard Proceedings 5
  • Article   100 Non Cumulation 5
  • Subsection   B.2 Multilateral Safeguard Measures 5
  • Article   101 General Provisions 5
  • Article   102 Transparency 5
  • Article   103 Exclusion from Dispute Settlement Procedures 5
  • Subsection   B.3 Bilateral Safeguard Measures 5
  • Article   104 Application of a Bilateral Safeguard Measure 5
  • Article   105 Conditions and Limitations 5
  • Article   106 Provisional Measures 5
  • Article   107 Compensation and Suspension of Concessions 5
  • Article   108 Time Lapse In between Two Measures 5
  • Article   109 Outermost Regions 5
  • Subsection   B.4 Procedural Rules Applicable to Bilateral Safeguard Measures 5
  • Article   110 Applicable Law 5
  • Article   111 Initiation of a Proceeding 5
  • Article   112 Investigation 5
  • Article   113 Evidence of Injury and Causal Link 6
  • Article   114 Hearings 6
  • Article   115 Confidential Information 6
  • Article   116 Notifications and Publications 6
  • Chapter   3 Customs and Trade Facilitation 6
  • Article   117 Objectives 6
  • Article   118 Customs and Trade-related Procedures 6
  • Article   119 Transit Movements 6
  • Article   120 Relations with the Business Community 6
  • Article   121 Customs Valuation 6
  • Article   122 Risk Management 6
  • Article   123 Sub-committee on Customs, Trade Facilitation and Rules of Origin 6
  • Article   124 Cooperation and Technical Assistance on Customs and Trade Facilitation 6
  • Chapter   4 Technical Barriers to Trade 6
  • Article   125 Objectives 6
  • Article   126 General Provisions 6
  • Article   127 Scope and Coverage 6
  • Article   128 Definitions 6
  • Article   129 Technical Regulations 6
  • Article   130 Standards 6
  • Article   131 Conformity Assessment and Accreditation 6
  • Article   132 Special and Differential Treatment 6
  • Article   133 Cooperation and Technical Assistance 6
  • Article   134 Collaboration and Regional Integration 6
  • Article   135 Transparency and Notification Procedures 6
  • Article   136 Market Surveillance 6
  • Article   137 Fees 6
  • Article   138 Marking and Labelling 6
  • Article   139 Sub-committee on Technical Barriers to Trade 7
  • Chapter   5 Sanitary and Phytosanitary Measures 7
  • Article   140 Objectives 7
  • Article   141 Multilateral Rights and Obligations 7
  • Article   142 Scope 7
  • Article   143 Definitions 7
  • Article   144 Competent Authorities 7
  • Article   145 General Principles 7
  • Article   146 Import Requirements 7
  • Article   147 Trade Facilitation 7
  • Article   148 Verifications 7
  • Article   149 Measures Linked to Animal and Plant Health 7
  • Article   150 Equivalence 7
  • Article   151 Transparency and Exchange of Information 7
  • Article   152 Notification and Consultation 7
  • Article   153 Emergency Measures 7
  • Article   154 Cooperation and Technical Assistance 7
  • Article   155 Special and Differential Treatment 7
  • Article   156 Sub-committee on Sanitary and Phytosanitary Matters 7
  • Article   157 Dispute Settlement 7
  • Chapter   6 Exceptions Related to Goods 7
  • Article   158 General Exceptions 7
  • Title   III ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE 7
  • Chapter   1 General Provisions 7
  • Article   159 Objective, Scope and Coverage 7
  • Article   160 Definitions 7
  • Article   161 Cooperation on Establishment, Trade In Services and E-commerce 7
  • Chapter   2 Establishment 7
  • Article   162 Definitions 7
  • Article   163 Coverage 7
  • Article   164 Market Access 8
  • Article   165 National Treatment 8
  • Article   166 Lists of Commitments 8
  • Article   167 Other Agreements 8
  • Article   168 Review 8
  • Chapter   3 Cross-border Supply of Services 8
  • Article   169 Coverage and Definitions 8
  • Article   170 Market Access 8
  • Article   171 National Treatment 8
  • Article   172 Lists of Commitments 8
  • Chapter   4 Temporary Presence of Natural Persons for Business Purposes 8
  • Article   173 Coverage and Definitions 8
  • Article   174 Key Personnel and Graduate Trainees 8
  • Article   175 Business Services Sellers 8
  • Article   176 Contractual Services Suppliers and Independent Professionals 8
  • Chapter   5 Regulatory Framework 8
  • Section   A Provisions of General Application 8
  • Article   177 Mutual Recognition 8
  • Article   178 Transparency and Disclosure of Confidential Information 8
  • Article   179 Procedures 8
  • Section   B Computer Services 8
  • Article   180 Understanding on Computer Services 8
  • Section   C Courier Services 8
  • Article   181 Scope and Definitions 8
  • Article   182 Prevention of Anti-competitive Practices In the Courier Sector 8
  • Article   183 Licences 8
  • Article   184 Independence of the Regulatory Bodies 8
  • Section   D Telecommunications Services 8
  • Article   185 Definitions and Scope 8
  • Article   186 Regulatory Authority 8
  • Article   187 Authorisation to Provide Telecommunications Services  (23) 8
  • Article   188 Competitive Safeguards on Major Suppliers 9
  • Article   189 Interconnection  (25) 9
  • Article   190 Scarce Resources 9
  • Article   191 Universal Service 9
  • Article   192 Confidentiality of Information 9
  • Article   193 Disputes between Suppliers 9
  • Article   194 Scope and Definitions 9
  • Article   195 Prudential Carve-out 9
  • Article   196 Effective and Transparent Regulation 9
  • Article   197 New Financial Services 9
  • Article   198 Data Processing 9
  • Article   199 Specific Exceptions 9
  • Section   F International Maritime Transport Services 9
  • Article   200 Scope, Definitions and Principles 9
  • Chapter   6 Electronic Commerce 9
  • Article   201 Objective and Principles 9
  • Article   202 Regulatory Aspects of E-commerce 9
  • Chapter   7 Exceptions 9
  • Article   203 General Exceptions 9
  • Title   IV Current Payments and Capital Movements 9
  • Article   204 Objective and Scope 9
  • Article   205 Current Account 9
  • Article   206 Capital Account 9
  • Article   207 Safeguard Measures 9
  • Article   208 Final Provisions 10
  • Title   V Government Procurement 10
  • Article   209 Introduction 10
  • Article   210 Scope and Coverage 10
  • Article   211 General Principles 10
  • Article   212 Publication of Procurement Information 10
  • Article   213 Publication of Notices 10
  • Article   214 Conditions for Participation 10
  • Article   215 Qualification or Registration of Suppliers 10
  • Article   216 Technical Specifications 10
  • Article   217 Tender Documentation 10
  • Article   218 Time Periods 10
  • Article   219 Negotiations 10
  • Article   220 The Use of Limited Tendering or other Equivalent Tendering Procedures 10
  • Article   221 Electronic Auctions 11
  • Article   222 Treatment of Tenders and Award of Contracts 11
  • Article   223 Transparency of Procurement Information 11
  • Article   224 Disclosure of Information 11
  • Article   225 Domestic Review Procedures 11
  • Article   226 Modifications and Rectifications of Coverage 11
  • Article   227 Cooperation and Technical Assistance on Government Procurement 11
  • Title   VI INTELLECTUAL PROPERTY 11
  • Chapter   1 Objectives and Principles 11
  • Article   228 Objectives 11
  • Article   229 Nature and Scope of Obligations 11
  • Article   230 Most Favoured Nation and National Treatment 11
  • Article   231 Transfer of Technology 11
  • Article   232 Exhaustion 11
  • Chapter   2 Standards Concerning Intellectual Property Rights 11
  • Section   A Copyrights and Related Rights 11
  • Article   233 Protection Granted 11
  • Article   234 Duration of Authors' Rights 11
  • Article   235 Duration of Related Rights 11
  • Article   236 Collective Management of Rights 11
  • Article   237 Broadcasting and Communication to the Public 11
  • Section   B Trademarks 11
  • Article   238 International Agreements 11
  • Article   239 Registration Procedure 11
  • Article   240 Well-known Trademarks 11
  • Article   241 Exceptions to the Rights Conferred by a Trademark 11
  • Section   C Geographical Indications 11
  • Article   242 General Provisions 11
  • Article   243 Scope and Coverage 11
  • Article   244 System of Protection 11
  • Article   245 Established Geographical Indications 11
  • Article   246 Protection Granted 11
  • Article   247 Addition of New Geographical Indications 11
  • Article   248 Relationship between Geographical Indications and Trademarks 11
  • Article   249 Right of Use of Geographical Indications 11
  • Article   250 Dispute Settlement 12
  • Section   D Industrial Designs 12
  • Article   251 International Agreements 12
  • Article   252 Requirements for Protection 12
  • Article   253 Exceptions 12
  • Article   254 Rights Conferred 12
  • Article   255 Term of Protection 12
  • Article   256 Invalidity or Refusal of Registration 12
  • Article   257 Relationship to Copyright 12
  • Section   E Patents 12
  • Article   258 International Agreements 12
  • Section   F Plant Varieties 12
  • Article   259 Plant Varieties 12
  • Chapter   3 Enforcement of Intellectual Property Rights 12
  • Article   260 General Obligations 12
  • Article   261 Entitled Applicants 12
  • Article   262 Evidence 12
  • Article   263 Measures for Preserving Evidence 12
  • Article   264 Right of Information 12
  • Article   265 Provisional and Precautionary Measures 12
  • Article   266 Corrective Measures 12
  • Article   267 Damages 12
  • Article   268 Legal Costs 12
  • Article   269 Publication of Judicial Decisions 12
  • Article   270 Presumption of Ownership 12
  • Article   271 Criminal Sanctions 12
  • Article   272 Limitations on Liability for Service Providers 12
  • Article   273 Border Measures 12
  • Chapter   4 Institutional Provisions 12
  • Article   274 Sub-committee on Intellectual Property 12
  • Article   275 Cooperation and Technical Assistance on Intellectual Property 12
  • Article   276 Final Provisions 12
  • Title   VII Trade and Competition 12
  • Article   277 Definitions 12
  • Article   278 Principles 12
  • Article   279 Implementation 12
  • Article   280 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights Including Designated Monopolies 12
  • Article   281 Exchange of Non Confidential Information and Enforcement Cooperation 12
  • Article   282 Cooperation and Technical Assistance 12
  • Article   283 Dispute Settlement 12
  • Title   VIII Trade and Sustainable Development 12
  • Article   284 Context and Objectives 12
  • Article   285 Right to Regulate and Levels of Protection 12
  • Article   286 Multilateral Labour Standards and Agreements 12
  • Article   287 Multilateral Environmental Standards and Agreements 13
  • Article   288 Trade Favouring Sustainable Development 13
  • Article   289 Trade In Forest Products 13
  • Article   290 Trade In Fish Products 13
  • Article   291 Upholding Levels of Protection 13
  • Article   292 Scientific Information 13
  • Article   293 Sustainability Review 13
  • Article   294 Institutional and Monitoring Mechanism 13
  • Article   295 Civil Society Dialogue Forum 13
  • Article   296 Government Consultations 13
  • Article   297 Panel of Experts 13
  • Article   298 Composition of the Panel of Experts 13
  • Article   299 Rules of Procedure 13
  • Article   300 Initial Report 13
  • Article   301 Final Report 13
  • Article   302 Cooperation and Technical Assistance on Trade and Sustainable Development 13
  • Title   IX Regional Economic Integration 13
  • Article   303 General Provisions 13
  • Article   304 Customs Procedures 13
  • Article   305 Technical Barriers to Trade 13
  • Article   306 Sanitary and Phytosanitary Measures 13
  • Article   307 Implementation 13
  • Title   X DISPUTE SETTLEMENT 13
  • Chapter   1 Objective and Scope 13
  • Article   308 Objective 13
  • Article   309 Scope 13
  • Chapter   2 Consultations 13
  • Article   310 Consultations 13
  • Chapter   3 Dispute Settlement Procedures 14
  • Section   A Panel Procedure 14
  • Article   311 Initiation of the Panel Procedure 14
  • Article   312 Establishment of the Panel 14
  • Article   313 Panel Ruling 14
  • Section   B Compliance 14
  • Article   314 Compliance with the Panel Ruling 14
  • Article   315 The Reasonable Period of Time for Compliance 14
  • Article   316 Review of Any Measure Taken to Comply with the Panel Ruling 14
  • Article   317 Temporary Remedies In Case of Non-compliance 14
  • Article   318 Review of Any Measure Taken to Comply after the Suspension of Obligations 14
  • Section   C Common Provisions 14
  • Article   319 Rules of Procedure 14
  • Article   320 Information and Technical Advice 14
  • Article   321 Amicus Curiae 14
  • Article   322 Rules and Principles of Interpretation 14
  • Article   323 Common Provisions Regarding the Panel Rulings 14
  • Chapter   4 General Provisions 14
  • Article   324 Mutually Satisfactory Solution 14
  • Article   325 List of Panelists 14
  • Article   326 Relation with WTO Obligations 14
  • Article   327 Time Periods 14
  • Article   328 Adoption and Modification of the Rules of Procedure and the Code of Conduct 14
  • Title   XI MEDIATION MECHANISM FOR NON-TARIFF MEASURES 14
  • Chapter   1 Scope 14
  • Article   329 Scope 14
  • Chapter   2 Procedure Under the Mediation Mechanism 14
  • Article   330 Initiation of the Procedure 14
  • Article   331 Selection of the Mediator 14
  • Article   332 Rules of the Mediation Procedure 14
  • Chapter   3 Implementation 14
  • Article   333 Implementation of a Mutually Agreed Solution 14
  • Chapter   4 General Provisions 14
  • Article   334 Relationship to Title X on Dispute Settlement 14
  • Article   335 Time Periods 14
  • Article   336 Confidentiality of Information 14
  • Article   337 Costs 14
  • Title   XII TRANSPARENCY AND ADMINISTRATIVE PROCEDURES 14
  • Article   338 Cooperation on Increased Transparency 14
  • Article   339 Publication 15
  • Article   340 Contact Points and Exchange of Information 15
  • Article   341 Administrative Proceedings 15
  • Article   342 Review and Appeal 15
  • Article   343 Specific Rules 15
  • Article   344 Transparency In Subsidies 15
  • Title   XIII SPECIFIC TASKS IN TRADE MATTERS OF THE BODIES ESTABLISHED UNDER THIS AGREEMENT 15
  • Article   345 Specific Tasks of the Association Council 15
  • Article   346 Specific Tasks of the Association Committee 15
  • Article   347 Coordinators of Part IV of this Agreement 15
  • Article   348 Sub-committees 15
  • Title   XIV EXCEPTIONS 15
  • Article   349 Balance of Payments 15
  • Article   350 Taxation 15
  • Article   351 Regional Preference 15
  • Part   V Final Provisions 15
  • Article   352 Definition of the Parties 15
  • Article   353 Entry Into Force 15
  • Article   354 Duration 15
  • Article   355 Fulfilment of the Obligations 15
  • Article   356 Rights and Obligations Under this Agreement 15
  • Article   357 Exceptions 15
  • Article   358 Future Developments 15
  • Article   359 Accession of New Members 15
  • Article   360 Territorial Application 15
  • Article   361 Reservations and Interpretative Declarations 15
  • Article   362 Annexes, Appendices, Protocols and Notes, Footnotes and Joint Declarations 15
  • Article   363 Authentic Texts 16