3. Notwithstanding any other provision of this chapter, a party including its procuring entities, in particular shall provide to any supplier information that might prejudice fair competition between suppliers.
4. Nothing in this chapter shall be construed to require a party, including its procuring entities and authorities review bodies to disclose confidential information under this chapter where such disclosure would:
(a) Impede law enforcement;
(b) Might prejudice fair competition between suppliers;
(c) Would prejudice legitimate commercial interests of the particular, including the protection of intellectual property; or
(d) Otherwise be contrary to the public interest.
1015:. National Review Procedures for Appeal
1. Each Party shall ensure that its procuring entities give impartial and timely any claim which have their suppliers regarding an alleged breaches of this chapter arising in the context of a covered procurement in which have or have had an interest. Each Party shall encourage suppliers to seek clarification from its contracting entities through consultations with a view to facilitating the resolution of any such claims.
2. Each Party shall provide an administrative or judicial review procedure that is timely, effective, transparent and non-discriminatory, in accordance with the principle of due process, through which a supplier may submit a claim alleging breaches of this chapter arising in the context of covered procurements in which the supplier has or has had an interest.
3. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier within a covered procurement, and issue relevant resolutions and recommendations.
4. Where a body other than an authority referred to in paragraph 2 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge.
5. Each Party shall adopt or maintain procedures that:
(a) Rapid interim measures to preserve the supplier to participate in the procurement and that are applied by the contracting entity or by an impartial authority referred to in paragraph 3. Such action may result in suspension of the procurement process. The procedures may provide that shall take into account any adverse consequences for the overriding interests, including the public interest in deciding whether such measures should be applied. It shall be written reasons for not taking such measures; and
(b) Where a review body has determined the existence of a breach referred to in paragraph 2, corrective action or compensation for the loss or damages suffered, in accordance with the national legislation of each party.
1016:.
"modifications and rectifications to coverage
1. Where a Party modifies its coverage of procurement under this chapter, the Party:
(a) It shall notify the other party in writing; and
(b) In the notification shall include a proposal of appropriate compensatory adjustments to the other party to maintain a level comparable to that coverage of existing prior to the modification.
2. Notwithstanding subparagraph 1 (b), a Party need not provide compensatory adjustments if:
(a) The modification in question is a minor amendment or rectification of a purely formal nature; or
(b) The proposed modification covers an entity over which the Party has effectively eliminated its control or influence.
3. If the other party does not agree that:
(a) An adjustment proposed under the scope of subparagraph 1 (b) is adequate to maintain a comparable level of mutually agreed coverage;
(b) The proposed modification is a minor amendment or a rectification under the scope of subparagraph 2 (a); or
(c) The proposed modification covers a procuring entity over which the Party has effectively eliminated under its control or influence the scope of subparagraph 2 (b),
Written objection shall within thirty (30) days of receipt of the notification referred to in paragraph 1 or is deemed to have reached an agreement on the change or modification proposal including for the purposes of Chapter 15 (dispute settlement).
4. Where the parties agree on the modification or amendment proposed rectification, including where a Party has not objected within thirty (30) days under the scope of paragraph 3, the Parties shall give effect to the Agreement amending annex 10.1 immediately through the Commission.
1017:.
"integrity in public procurement practices
Each Party shall adopt or maintain procedures for declaring the disqualification of procurements to participate in the party, either indefinitely or for a period established suppliers that the party found to have engaged in illegal or fraudulent activities relating to public procurement. Upon request of the other party, the party receiving the request shall identify the selected suppliers as ineligible under these procedures and, where appropriate, exchange information with respect to those suppliers or fraudulent and unlawful activity.
1018:. Additional Negotiations
At the request of a party, the other party may consider further negotiations aimed at broadening the scope and coverage of this chapter. If as a result of these negotiations the parties agree to amend the annexes to this chapter, the result shall be submitted to the Committee on Government Procurement established in article 10.21 for their implementation.
1019:. Participation of Micro, Small and Medium-sized Enterprises
1. The Parties recognise the importance of the participation of micro, small and medium-sized enterprises in the procurement.
2. The Parties also recognise the importance of business partnerships between suppliers of each party, and in particular of micro, small and medium-sized enterprises, including participation in joint tendering procedures.
1. The Parties recognise the importance of cooperation as a means to achieve a better understanding of their respective government procurement systems, as well as a better access to their respective markets, in particular for micro, small and medium-sized enterprises.
2. The Parties shall use their best efforts to cooperate in matters such as:
(a) Exchange of experiences and information, including best practices and regulatory framework, Statistics;
(b) Development and use of electronic means in government procurement systems;
(c) Training and technical assistance to suppliers in the area of market access to government procurement; and
(d) Institutional strengthening for the implementation of this chapter, including the training of public officials.
1. The parties establish a committee on Government Procurement (hereinafter referred to as the Committee), comprising representatives of each party.
2. The functions of the Committee shall include:
(a) Monitor the implementation and administration of this chapter, including its use and recommend to the Commission the activities;
(b) Report to the Commission on the implementation and administration of this chapter, where appropriate;
(c) Evaluate and monitor the cooperative activities;
(d) Considering further negotiations aimed at broadening the coverage of this chapter; and
(e) Address any other matter related to this chapter.
3. Unless the parties agree otherwise, the Committee shall meet at least one (1) year, on a date and with an agenda agreed by the parties. The parties determine cases where it may make extraordinary meetings.
4. Meetings may be conducted by any means agreed by the parties. If they are witnessing, alternately in the territory of each party and shall be based on the Party hosting the meeting. The first meeting of the Committee shall be carried out no later than one (1) year after the date of Entry into Force of this Treaty.
5. Unless the parties agree otherwise, the Standing Committee shall establish its rules of procedure.
6. All decisions of the Committee shall be taken by mutual agreement.
Article 10.22: definitions
For the purposes of this chapter:
Notice of future procurement means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender or both;
Conditions for participation means any registration or pre-requisitos qualification to participate in a procurement;
Special conditions countervailing means any condition or undertaking that encourages local development or improves the balance of payments of a party, such as local content requirements, licensing requirements of investment, technology, counter-trade or similar requirements;
Contracting entity means an entity covered in annex 10.1;
In writing or written means any expression in other words, numbers or symbols that can be read, reproduced and subsequently communicated. It may include information transmitted electronically and stored;
Technical specification procurement means a requirement that:
(a) Lays down the characteristics of the goods or services to be procured, including quality, performance, safety or dimensions, or the processes and methods for their production or provision; or
(b) Establish requirements of terminology, symbols, packaging, marking or labelling requirements as they apply to a good or service;
Open tendering means a procurement method where all interested suppliers may submit a tender;
Commercial goods or services means a type of goods or services generally sold or offered for sale in the commercial marketplace to non-governmental and buyers are normally acquired by them with non-governmental purposes;
Standard means a document approved by a recognized body that provides for common and repeated use, rules, guidelines or characteristics for goods or services. or related processes and production methods, whose compliance is not binding. It may also include or deal exclusively with requirements of terminology, symbols, packaging, marking or labelling of form as they apply to a product, service, process or production method;
Supplier means a person that provides or could provide goods or services to a procuring entity;
Services includes construction services unless otherwise specified;
Construction services means a service which is the realization by whatever means of civil or building work, based on the division of the 51 Provisional Central Product Classification (CPC); and
Electronic auction means an iterative process that suppliers in the use of electronic means to submit new prices and / or new values for the elements of the tender quantifiable non-price, or both, which are linked with the evaluation criteria, and resulting in a ranking or re-ranking of tenders.
Annex 10.8.1 procurement documents:
In accordance with article 10.8.1 and unless the notice of procurement has been including this information, procurement documents shall include at least a complete description of:
(a) Government procurement, including the nature and the quantity of the goods or services to be procured, or, if this is not known, the estimated quantity and any requirements to be fulfilled, including technical specifications, certificates of conformity assessment, levels, designs or instruction manuals;
(b) Any conditions for participation by suppliers, including a list of information and documents that suppliers are required to submit in connection with such conditions;
(c) All evaluation criteria to be considered in the awarding of a contract and except where price is the sole criterion, the relative importance of such criteria;
(d) Where the procuring entity will conduct the procurement by electronic means, requirements with respect to authentication, encryption and cryptographic or other requirements relating to the transmission of information through electronic means;
(e) Where a contracting entity conduct an electronic auction, the rules relating to the conduct of the auction, including the identification of elements of the tender related to the evaluation criteria;
(f) Where there is a public opening of tenders, the time and place for the opening and, where appropriate, the persons authorised to be present;
(g) Any other term or condition, including the terms of payment and any limitation on the means by which tenders may be submitted in paper or electronic means; and
(h) Any dates for the delivery of goods or the supply of services or the duration of the contract.
Chapter 11. Competition Policy
111:. Objectives
This chapter is intended to ensure that the benefits of trade liberalization under this treaty are not undermined by anticompetitive practices and promote cooperation between the parties in the implementation of their respective competition laws.
112:. Legislation and Competition Authorities 1
1. Each Party shall adopt or maintain national competition legislation to address comprehensively and effectively anti-competitive practices in order to promote economic efficiency and consumer welfare.
2. Each Party shall establish or maintain an authority responsible for the implementation of their respective competition laws.
3. Each Party shall maintain its autonomy to develop and implement their respective competition laws.
4. Each Party shall ensure that its respective national competition authorities acting in accordance with the principles of transparency, non-discrimination and due process, in the implementation of their respective competition laws.
1. The Parties recognise the importance of cooperation and coordination among their respective national competition authorities to promote the effective application of their respective competition laws.
2. Accordingly, the Parties shall cooperate in matters relating to the implementation of competition law and policy, including the notification and exchange of information and consultation in accordance with Articles 11.4, 11.5 and 11.6 respectively.
3. The parties, through their competition authorities or competent authorities in the area of competition, may sign cooperative agreements or conventions
1 for Guatemala, the obligations referred to in paragraphs 1 and 2 of this article shall meet within a period of five (5) years after the Entry into Force of this Treaty. Furthermore, the provisions resulting from these paragraphs contained in this chapter shall apply from the time that Guatemala put in place a competition law; and establish an authority responsible for its implementation.
With the aim of strengthening cooperation on matters relating to competition.
1. The competition authority of a Party shall notify the competition authority of the other Party on any activity of the application of their competition laws, if it considers that it may affect important interests of the other party.
2. Provided that it is not contrary to the domestic legislation of the Parties, nor does not affect any ongoing investigation, the notification shall take place at an early stage of the procedure. The competition authority of the party who carry out the activity of the application of their competition legislation may take into account any comments received from the other party in its determinations.
1. The Parties recognize the value of transparency in competition policies.
2. With a view to facilitating the effective application of their respective competition laws, the Parties may exchange information at the request of one of them, provided that this is not contrary to its domestic laws and does not affect any ongoing investigation.
116:. Consultations
To foster understanding between the parties or to address specific matters that arise under this chapter, each Party shall, at the request of the other party initiate consultations. The requesting party shall indicate how the matter affects trade between the parties. The requested Party shall give consideration to the concerns of the other party.
117:. Settlement of Disputes
No party may have recourse to the dispute settlement procedures provided for in Chapter 12 (investment) and Chapter 15 (dispute settlement) for any matter arising from this chapter.
Section A. Article 12 Substantive Obligations
1: scope and coverage 1
1. This chapter applies to measures adopted or maintained by a Party relating to:
(a) Investors of the other party;
(b) Covered investments; and
(c) As regards articles 12.6 and 12.8, all investments in the territory of the party.
2. The obligations of a Party under this section shall apply to a State enterprise or other person when it exercises a regulatory authority, administrative or other governmental authority delegated to it by that Party, such as the authority to expropriate, licensing, approve or commercial transactions; and fees impose quotas or other charges.
3. For greater certainty: this chapter does not bind a party in relation to any act or fact that took place before the date of Entry into Force of this Treaty.
4. For greater certainty, nothing in this chapter shall be construed to impose an obligation on a party to privatise any investment that owns or controls, or to prevent a party from designating a monopoly.
5. Nothing in this chapter shall oblige a party to protect investments made with capital or assets derived from illegal activities, and shall not be construed as to prevent a Party from adopting or maintaining measures to preserve public order, the fulfilment of their duties to maintain or restore international peace and security or the protection of its own security Essential Security.
6. In the event of any inconsistency between this chapter and another chapter of this chapter, the other treaty shall prevail to the extent of the inconsistency.
7. A requirement by a party that a service provider of the other party constitute a bond or other form of financial security as a condition for the provision of a cross-border service is not in itself that this chapter applies to measures
1 for greater certainty, this chapter is subject and shall be interpreted in accordance with annexes, and 12.4, 12.10 12.15 12.21.
Adopted or maintained by the Party relating to the cross-border supply of the service. This chapter applies to measures adopted or maintained by the Party relating to the bond or financial security to the extent that such a bond or financial security is covered investment.
8. This chapter does not apply to measures adopted or maintained by a Party to investors of the other party and to investments of investors in such financial institutions in the territory of the party.
1. Each Party shall accord to investors of the other party treatment no less favourable than that accorded in like circumstances to its own investors with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments in its territory.
2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to its own investments of investors with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments in its territory.
1. Each Party shall accord to investors of the other party treatment no less favourable than that accorded in like circumstances to investors of a non-party with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments in its territory.
2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of investors of a non-party with respect to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of investments in its territory.
3. For greater certainty, treatment with regard to the establishment, expansion and acquisition, administration, management, operation and sale of investments or other disposition referred to in paragraphs 1 and 2 does not include dispute settlement procedures, such as under section B, provided for in international trade treaties or agreements, including investment.
1. Each Party shall accord to covered investments treatment in accordance with customary international law, including fair and equitable treatment and full protection and security.
2. For greater certainty, paragraph 1 prescribes that the minimum standard of treatment of aliens as the Customary International Law minimum standard of treatment that may be provided to covered investments. The concepts of Fair and Equitable Treatment and full protection and security do not require additional treatment or beyond the standard that is required by and do not create additional rights. The obligation to provide in paragraph 1:
(a) "Fair and Equitable Treatment includes the obligation not to deny justice in criminal, civil or administrative proceedings, in accordance with the principle of due process embodied in the principal legal systems of the world; and
(b) "full protection and security requires each party to provide the level of police protection that is required by the International Law.
3. A determination that there has been a breach of another provision of this Treaty or any other international agreement, does not establish that there has been a breach of this article.
1. No party may require that an enterprise of that Party that is a covered investment to appoint a particular nationality of natural persons to senior management positions.
2. A Party may require that a majority of the members of the Boards or any committee, of an enterprise of that Party that is a covered investment be of a particular nationality or resident in the territory of the Party provided that the requirement does not materially impair the ability of the investor to exercise control over its investment.
1. No Party may, in relation to the establishment, expansion and acquisition, administration, management, operation and sale or other disposition of an investment of an
2 for greater certainty, Article 12.4 shall be interpreted in accordance with annex 12.4.
An investor of a party or of a non-party in its territory impose or enforce any requirement or enforce any commitment or obligation of 3:
(a) Export a given level or percentage of goods or services;
(b) To achieve a given level or percentage of domestic content;
(c) To purchase or use a accord preference to goods produced in its territory or to purchase goods from persons in its territory;
(d) In any way relate to the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) In its territory to restrict sales of goods or services that such investment produces or provides such sales by relating in any way to the volume or value of its exports or foreign exchange earnings which generate;
(f) A particular technology transfer a production process or other proprietary knowledge to a person in its territory except when the requirement is imposed or the commitment or enforced by a judicial or administrative tribunal or competition authority to remedy a practice determined after it has been a judicial or administrative procedure as anti-competitive competition under the laws of the party 4; or
(g) Supply exclusively from the territory of the party that such investment produces the goods or the services that it provides to a specific regional market or to the world market.
2. A measure that requires an investment to use technology to meet a generally applicable regulations to health, safety or environmental, shall not be considered inconsistent with subparagraph 1 (f).
3. Subparagraph 1 (f) does not apply when a Party authorizes use of an intellectual property right in accordance with article 5 31 of the WTO TRIPS agreement or to measures requiring the disclosure of proprietary information that fall within the
3 for greater certainty as a condition for the receipt or continued receipt of an advantage referred to in paragraph 5 does not constitute a commitment or "" obligation for purposes of paragraph 1.
4 The Parties recognize that a patent does not necessarily confer market power.
5 The reference to article 31 of the WTO TRIPS Agreement includes the footnote to article 7 of this.
Scope of and are consistent with article 39 of the WTO TRIPS Agreement. 6
4. For greater certainty, nothing in paragraph 1 shall be construed to prevent a Party with respect to the establishment, expansion and acquisition, administration, management, operation or sale or other disposition of a covered investment of an investor or an investment of a country that is not a party in its territory, impose or enforce any requirement or enforce a commitment or obligation to train workers in its territory.
5. Neither party may condition the receipt of an advantage or continued receipt of an advantage in connection with the establishment, acquisition, expansion, administration, management, operation and sale or other disposition of an investment in its territory by an investor of a party or of a country that is not a party to the compliance with any of the following requirements:
(a) To achieve a given level or percentage of domestic content;
(b) To purchase or use a accord preference to goods produced in its territory or to purchase goods from persons in its territory;
(c) In any way relate to the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) In its territory to restrict sales of goods or services that such investment produces or provides such sales by relating in any way to the volume or value of its exports or foreign exchange earnings which generate.