Mexico - Peru FTA (2011)
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a) a reasonable opportunity to support or defend their respective positions; and

b) a decision based on the evidence and submissions or, in cases where required by its national legislation, on the record compiled by the administrative authority.

3. Each Party shall ensure that, subject to the means of challenge or subsequent review available under its national law, such rulings are implemented by the agencies or authorities.

Chapter XVII. ADMINISTRATION OF THE AGREEMENT

Article 17.1. Administrative Commission

1. In order to achieve the best functioning of this Agreement, the Parties establish a Commission composed of the Secretary of Economy or his successor, on the part of Mexico, and the Minister of Foreign Trade and Tourism or his successor, on the part of Peru, or the representatives designated by them.

2. The Commission shall establish and modify its rules and procedures, and its decisions shall be adopted by mutual agreement.

3. The Commission shall meet at least once a year, unless the Parties agree otherwise. The meetings of the Commission shall be chaired successively by each Party, and may be held in person, or by teleconference, videoconference or any other technological means.

Article 17.2. Functions of the Administrative Commission

The Commission shall have the following functions:

a) to ensure compliance with and the correct application of the provisions of this Agreement;

b) consider y adopt the decisions necessary for the implementation and fulfillment of this Agreement, in particular on:

i) the improvement of market access conditions, in accordance with paragraph 4 of Article 3.4 (Elimination of Customs Tariffs);

ii) the updating of the rules of origin set out in the Annex to Article 4.2 (Specific Rules of Origin), in accordance with paragraph 1 of Article 4.38 (Committee on Rules of Origin and Origin-Related Procedures);

iii) the incorporation of new appellations of origin for protection under paragraph 3 of Article 5.2 (Recognition and Protection of Appellations of Origin);

iv) the recommendations submitted by the Committee on Sanitary and Phytosanitary Measures, provided for in Article 7.10 (Committee on Sanitary and Phytosanitary Measures) and by the Committee on Technical Barriers to Trade, provided for in 8.10 (Committee on Technical Barriers to Trade);

v) the recommendations submitted by the Committee on Entry and Temporary Stay, provided for in Article 13.6 (Committee on Entry and Temporary Stay of Business Persons); and

vi) other provisions of the Agreement that grant it specific powers, other than those mentioned above;

c) recommend to the Parties, as the case may be, amendments to this Agreement;

d) Establish mechanisms that contribute to the active participation of representatives of the business sectors;

e) resolve any disputes that may arise with respect to the interpretation or application of this Agreement, in accordance with Chapter XV (Dispute Settlement);

f) determine the amount of remuneration and expenses to be paid to Panel members in dispute settlement proceedings;

g) oversee the work of all committees and working or similar groups established pursuant to this Agreement; and

h) such other duties as may arise from this Agreement or as may be entrusted to it by the Parties.

Article 17.3. Powers of the Administrative Committee

The Commission may:

a) establish committees and working groups to facilitate the fulfillment of its functions;

b) issue interpretations of the provisions of this Agreement;

c) seek advice from non-governmental individuals or groups; and

d) carry out any other activity that contributes to the better implementation of this Agreement.

Article 17.4. Agreement Coordinators

1. The Coordinators of each Party shall be:

a) in the case of Mexico, the Undersecretary of Foreign Trade of the Ministry of Economy or his successor or his designated representative; and

b) in the case of Peru, the Vice Minister of Foreign Trade of the Ministry of Foreign Trade and Tourism or his successor, or his designated representative.

2. The Agreement Coordinators will give appropriate follow-up to the decisions of the Commission and will work together in the preparations for the Commission meetings.

Chapter XVIII. EXCEPTIONS

Article 18.1. General Exceptions

1. Article XX of GATT 1994 and its interpretative notes, for purposes of Chapter Ill (Market Access), Chapter IV (Rules of Origin and Origin-Related Procedures), Chapter VII (Sanitary and Phytosanitary Measures), Chapter VIII (Technical Barriers to Trade), are incorporated into and form an integral part of this Agreement, except to the extent that any of its provisions apply to trade in services or investment.

2. Article XIV of the GATS, including footnotes’ , is incorporated into and made an integral part of this Agreement for purposes of Chapter X (Cross-Border Trade in Services), except to the extent that any of its provisions apply to trade in goods.

Article 18.2. National Security

The provisions of this Agreement shall not be construed to mean:

a) oblige a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests;

b) prevent a Party from taking any measure it considers necessary to protect its essential security interests:

i) relating to trade in armaments, munitions and war materiel and to trade and transactions in goods, materials, services and technology carried out for the direct or indirect purpose of supplying a military institution or other defense establishment;

ii) relating to fissile or fusionable materials, or to those used for their manufacture;

iii) adopted in time of war or in case of serious international tension; or

iv) concerning the implementation of national policies or international agreements on the non-proliferation of nuclear weapons or other nuclear explosive devices; or

c) prevent any Party from taking action in accordance with its obligations under the Charter of the United Nations, as amended, for the maintenance of international peace and security.

(1) Subparagraphs (d) and (e) of Article XIV of the GATS are incorporated mutatis mutandis into this Agreement, without prejudice to the provisions of Article 18.4.

Article 18.3. Exceptions to Disclosure of Information

The provisions of this Agreement shall not be construed to require a Party to furnish or give access to information the disclosure of which would impede compliance with or be contrary to its Constitution or laws, with respect to the protection of the privacy of individuals, financial affairs, taxation and bank accounts of individual customers of financial institutions, or be contrary to the public interest.

Article 18.4. Taxation

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

2. Nothing in this Agreement shall affect the rights and obligations of either Party arising under any tax treaty. In the event of any inconsistency between this Agreement and any such agreement, the agreement shall prevail to the extent of the inconsistency.

3. Notwithstanding the provisions of paragraph 2:

a) Article 3.3 (National Treatment), and such other provisions in this Agreement as are necessary to give effect to that Article, shall apply to taxation measures to the same extent as Article III of GATT 1994; and

b) Article 3.9 (Export Taxes) shall apply to tax measures.

4. Articles 11.12 (Expropriation and Compensation) and 12.18 (Expropriation and Compensation) shall apply to taxation measures. However, no investor may invoke those Articles as a basis for a claim under Article 11.20 (Submission of a Claim to Arbitration) where it has been determined under this paragraph that the measure does not constitute an expropriation. The investor shall, at the time of making the notification referred to in Article 11.19 (Notification and Consultations), submit the matter to the competent authorities specified in the Annex to Article 18.4, for that authority to determine whether the measure does not constitute an expropriation. If the competent authorities do not agree to examine the matier or if, having agreed to examine the matter, they do not agree that the measure does not constitute an expropriation, within 6 months after the matter has been submitted to them, the investor may submit a claim to arbitration pursuant to Article 11.20 (Submission of a Claim to Arbitration).

Article 18.5. Balance of Payments

1. lf a Party experiences serious difficulties in its balance of payments, including the state of its monetary reserves, or in its external financial position or faces the imminent threat thereof, it may adopt or maintain restrictive measures or measures based on prices (2) with respect to trade in goods and services, and with respect to payments and capital movements, including those related to direct investment.

2. The Party that maintains or has adopted any of the measures provided for in paragraph 1 of this Article or any modification thereof shall, where possible, submit a timetable for their elimination. It shall also notify the other Party without delay:

a) what the serious external balance of payments or financial difficulties or threat thereof, as the case may be, consist of;

b) the economic and foreign trade situation of the Party;

c) the alternative measures available to correct the problem; and

d) the economic policies it adopts to address the problems mentioned in paragraph 1, as well as the direct relationship between such policies and the solution of such problems.

3. The measure adopted or maintained by the Party, at all times:

a) avoid unnecessary damage to the economic, commercial or financial interests of the other Parties;

b) shall not impose greater burdens than those necessary to deal with the difficulties that cause the measure to be adopted or maintained;

c) will be temporary and will be progressively released to the extent that serious balance of payments or external financial difficulties or threats thereof improve;

d) shall be applied in accordance with the more favorable of the national treatment and most favored nation principles; and

e) shall be consistent with the conditions set forth in the WTO Agreement and the Articles of Agreement of the International Monetary Fund and other internationally accepted criteria.

(2) For purposes of this Agreement, price-based measures are those provided for in the Understanding on the Balance of Payments Provisions of the General Agreement on Tariffs and Trade 1994.

Annex to Article 18.4 . Competent Authority

For the purposes of Article 18.4, the competent authority shall be:

a) in the case of Mexico, the Ministry of Finance and Public Credit or its successor; and

b) in the case of Peru, the General Directorate of International Economic Affairs, Competition and Private Investment of the Ministry of Economy and Finance or its successor.

Chapter XIX. FINAL PROVISIONS

Article 19.1. Annexes, Appendices and Footnotes

The annexes, appendices and footnotes to this Agreement constitute an integral part of this Agreement.

Article 19.2. Entry Into Force

This Agreement shall enter into force 30 days after the exchange of written communications, through diplomatic channels, attesting that the Parties have completed the legal formalities necessary for the entry into force of this instrument, unless the Parties agree on a different period of time.

Article 19.3. Amendment of the Agreement

1. The Parties may agree, at the request of either Party and at any time, on amendments to this Agreement for its better functioning and implementation.

2. Amendments made to this Agreement as provided in this Article shall enter into force once both Parties have complied with the internal legal procedures for their approval, and shall form an integral part of this Agreement.

Article 19.4. Future Negotiations

One year after the entry into force of this Agreement, the Parties will begin negotiations on a Chapter on government procurement and a Chapter on trade facilitation and customs cooperation.

Article 19.5. Accession

1. In compliance with the provisions of the 1980 Treaty of Montevideo, this Agreement is open to accession, through prior negotiation, by the other member countries of ALADI.

2. The accession shall be formalized once its terms have been negotiated between the Parties and the acceding country, through the execution of an Additional Protocol to this Agreement, which shall enter into force 30 days after being deposited with the General Secretariat of ALADI.

Article 19.6. Complaint

1. Either Party may denounce this Agreement. The denunciation shall be notified in writing to the other Party, as well as to the General Secretariat of LAIA, and shall take effect 180 days after being notified to the other Party, notwithstanding that the Parties may agree on a different term.

2. In the case of the accession of a country or group of countries as established in Article 19.4, notwithstanding the denunciation of the Agreement by a Party, the Agreement shall remain in force for the other Parties.

3. The investment provisions shall continue in force for a period of 10 years from the date of termination of this Agreement, with respect to investments made only during its term, and without prejudice to the subsequent application of the general rules of international law.

Article 19.7. Termination of ECA No. 8

This Agreement supersedes Economic Complementation Agreement No. 8, its annexes, appendices and protocols that have been signed under it.

Article 19.8. Transitional Provision

Notwithstanding the provisions of Article 19.7, the preferential tariff treatment granted by ACE No. 8 shall remain in force for 30 days following the entry into force of this Agreement, for importers who request and use the certificates of origin issued under ACE No. 8, provided that they were issued prior to the entry into force of this Agreement and are in force.

Article 19.9. Reserves

This Agreement may not be subject to reservations or interpretative declarations at the time of its ratification or approval according to the corresponding legal procedures of each Party.

Conclusion

Signed in the city of Lima, Peru, on April 6, 2011, in two original copies in Spanish language, both being equally authentic.

FOR THE REPUBLIC OF PERU

Eduardo Ferreyros Küppers

Minister of Foreign Trade and Tourism

FOR THE UNITED MEXICAN STATES

Bruno Francisco Ferrari Garcia de Alba

Secretary of Economy

Attachments

Annex I . Non-conforming measures

Annex I . Interpretative notes

1. A Party's Schedule indicates, in accordance with paragraph 1 of Articles 10.8 (Nonconforming Measures) and 11.9 (Nonconforming Measures), the reservations taken by a Party with respect to existing measures that are inconsistent with the obligations established by:

a) Article 10.4 or 11.3 (National Treatment);

b) Article 10.5 or 11.4 (Most favored nation treatment);

c) Article 10.7 (Local Presence);

d) Article 11.7 (Performance requirements); or

e) Article 11.8 (Senior executives and boards of directors).

2. Each reserve contains the following elements:

a) Sector refers to the general sector in which a reserve is taken;

b) Sub-sector refers to the specific sector in which a reserve is taken;

c) Industrial Classification refers, where applicable, to the activity covered by the reservation, in accordance with national industrial classification codes;

d) Reserved Obligations specifies the obligation or obligations referred to in paragraph 1 on which a reservation is taken;

e) Level of government indicates the level of government that maintains the measures on which a reservation is taken;

f) Measures identifies existing laws, regulations or other measures, as qualified, where indicated, by the Description element, for which the reservation is taken. A measure referred to in the Measures element:

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

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

g) Description sets out the liberalization commitments, where made, upon entry into force of this Agreement and, with respect to the obligations referred to in paragraph 1, the remaining non-conforming aspects of the existing measures on which the reservation is taken.

3. In interpreting a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant provisions of the Chapter against which the reservation is taken. To the extent that:

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

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

4. Where a Party maintains a measure requiring a service supplier to be a national, permanent resident, or resident of that Party as a condition for the supply of a service in its territory, a reservation on a measure with respect to Article 10.4 (National Treatment), 10.5 (Most-Favored-Nation Treatment), 10.7 (Local Presence) shall operate as a reservation with respect to Article 11.3 (National Treatment), 11.4 (Most-Favored-Nation Treatment), 11.7 (Performance Requirements), with respect to such measure.

5. For purposes of determining the percentage of foreign investment in economic activities subject to t h e maximum percentages of foreign equity participation, as indicated in Mexico's Schedule, indirect foreign investment carried out in such activities through Mexican enterprises with majority Mexican capital will not be taken into account, provided that such enterprises are not controlled by the foreign investment.

6. For the purposes of Mexico's Schedule, the following definitions shall apply:

international cargo: goods that have their origin or destination outside the territory of a Party;

foreigner exclusion clause: the express provision contained in the bylaws of a company, which establishes that foreigners will not be allowed, directly or indirectly, to be partners or shareholders of the company;

CMAP: the digits of the Mexican Classification of Activities and Products, as established in the Instituto Nacional de Estadística, Geografía e Informática, Clasificación Mexicana de Productos, 1994; and

concession: an authorization granted by the Mexican State to a person to exploit natural resources or provide a service, for which Mexican nationals and Mexican companies will be preferred over foreigners.

7. With respect to the telecommunications sector, Peru will not be prevented from requiring service suppliers to establish themselves in Peru as a condition for the granting of a concession for the installation, operation and exploitation of public telecommunications services.

Annex I . Schedule of Mexico

1. Sector: All sectors

Subsector:

Industrial Classification:

Reserved Obligations: National treatment (Article 11.3)

Level of Government: Federal

Measures: Political Constitution of the United Mexican States, Article 27

Foreign Investment Law, Title II, Chapters I and II

Regulations of the Foreign Investment Law and the National Foreign Investment Registry, Title II, Chapters I and II.

Description: Investment




  • Chapter   I INITIAL PROVISIONS 1
  • Article   1.1 Establishment of the Free Trade Zone 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relationship to other Treaties and International Agreements 1
  • Article   1.4 Enforcement of the Agreement 1
  • Article   1.5 Succession of Treaties 1
  • Chapter   II GENERAL DEFINITIONS 1
  • Article   2.1 General Definitions 1
  • Annex to Article 2.1  Country-Specific Definitions 1
  • Chapter   III MARKET ACCESS 1
  • Article   3.1 Scope of Application 1
  • Section   A Definitions 1
  • Article   3.2 Definitions 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariff Elimination 1
  • Article   3.4 Elimination of Customs Duties 1
  • Section   D Non-Tariff Measures 1
  • Article   3.6 Import and Export Restrictions 1
  • Article   3.7 Import Licenses or Permits 1
  • Article   3.8 Administrative Burdens and Formalities 1
  • Article   3.9 Export Taxes 1
  • Section   E Special Customs Procedures 1
  • Article   3.10 Exemption from Customs Duties 1
  • Article   3.11 Temporary Admission or Importation of Goods 1
  • Article   3.12 Goods Reimported after Repair or Alteration 2
  • Article   3.13 Duty-free Imports for Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   F Market Access Committee 2
  • Article   3.14 Market Access Committee 2
  • Chapter   IV RULES OF ORIGIN AND ORIGIN-RELATED PROCEDURES 2
  • Article   4.1 Definitions 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Non-origin Conferring Transactions and Practices 2
  • Article   4.4 Regional Content Value 2
  • Article   4.5 Value of Materials 2
  • Article   4.6 Intermediate Materials 2
  • Article   4.7 Cumulation of Origin between the Parties 2
  • Article   4.8 Extended Cumulation of Origin 2
  • Article   4.9 De Minimis 2
  • Article   4.10 Expendable Goods and Materials 3
  • Article   4.11 Accessories, Spare Parts and Tools 3
  • Article   4.12 Sets or Assortments 3
  • Article   4.13 Retail Containers and Packaging Materials 3
  • Article   4.15 Indirect Materials 3
  • Article   4.16 Processes Conducted Outside the Territories of the Parties 3
  • Article   4.17 Shipment, Transport and Transit of Goods 3
  • Article   4.18 Certification of Origin 3
  • Article   4.19 Obligations with Respect to Imports 3
  • Article   4.20 Obligations with Respect to Exports 3
  • Article   4.21 Exceptions 3
  • Article   4.22 Issuance of Duplicate Certificates of Origin 3
  • Article   4.23 Invoicing by a Third Country Operator 3
  • Article   4.25 Record-keeping Requirements 3
  • Article   4.26 Verification and Control of Origin 3
  • Article   4.27 Procedure for Requesting Information 3
  • Article   4.28 Procedure for Verification of Origin 3
  • Article   4.29 Determination of Origin 3
  • Article   4.30 Suspension of Preferential Tariff Treatment of Identical Goods 4
  • Article   4.31 Tariff Refunds 4
  • Article   4.32 Exchange of Information and Confidentiality 4
  • Article   4.33 Exchange of Information on Customs Matters 4
  • Article   4.34 Sanctions 4
  • Article   4.35 Means of Challenging Administrative Actions 4
  • Article   4.36 Advance Rulings 4
  • Section   4.37 Short Supply Committee 4
  • Article   4.38 Committee on Rules of Origin and Origin-Related Procedures 4
  • Chapter   V RECOGNITION AND PROTECTION OF APPELLATIONS OF ORIGIN 4
  • Article   5.1 Confirmation of WTO Rights and Obligations 4
  • Article   5.2 Recognition and Protection of Appellations of Origin 4
  • Chapter   VI SAFEGUARD CLAUSES 4
  • Article   6.1 Definitions 4
  • Section   A Global Safeguard Measures 4
  • Article   6.2 Global Safeguard Measures 4
  • Article   6.3 Criteria for Excluding Imports Originating In a Party from a Global Safeguard Measure 4
  • Section   B Bilateral Safeguard Measures 4
  • Article   6.4 Bilateral Safeguard Measures 4
  • Article   6.5 Procedures Relating to the Application of Bilateral Safeguard Measures 4
  • Article   6.6 Publications and Notifications 4
  • Article   6.7 Deadlines 4
  • Article   6.8 Hearings 5
  • Article   6.9 Provisional Bilateral Safeguard Measures 5
  • Article   6.10 Consultations and Offsets In Bilateral Safeguards 5
  • Article   6.11 Reinstatement of Benefits and/or Refund of Fees 5
  • Chapter   VII SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   7.1 Objectives 5
  • Article   7.2 Definitions 5
  • Article   7.3 General Provisions 5
  • Article   7.4 Rights and Obligations of the Parties 5
  • Article   7.5 Equivalence 5
  • Article   7.6 Risk Assessment 5
  • Article   7.7 Recognition of Zones or Areas, or Compartments, Free or of Low Pest or Disease Prevalence 5
  • Article   7.8 Control, Inspection and Approval 5
  • Article   7.9 Transparency 5
  • Article   7.10 Committee on Sanitary and Phytosanitary Measures 5
  • Article   7.11 Settlement of Disputes 5
  • Chapter   VIII TECHNICAL BARRIERS TO TRADE 5
  • Article   8.1 Objective 5
  • Article   8.2 Definitions 5
  • Article   8.3 Confirmation of International Rights and Obligations 5
  • Article   8.4 Basic Rights and Obligations 5
  • Article   8.5 Scope of Application 5
  • Article   8.6 Technical Regulations 5
  • Article   8.7 Conformity Assessment 5
  • Article   8.8 Transparency 5
  • Article   8.9 Cooperation and Technical Assistance 5
  • Article   8.10 Committee on Technical Barriers to Trade 5
  • Article   8.11 Technical Consultations 5
  • Article   8.12 Exchange of Information 6
  • Chapter   IX UNFAIR INTERNATIONAL TRADE PRACTICES 6
  • Article   9.1 Definitions 6
  • Article   9.2 General Principles 6
  • Article   9.3 Export Subsidies 6
  • Article   9.4 Procedures 6
  • Article   9.5 Technical Information Meetings 6
  • Article   9.6 Accreditation of Personality of Interested Parties 6
  • Article   9.7 Hearings 6
  • Article   9.8 Imposition of Anti-dumping Duties 6
  • Article   9.9 Establishment of Countervailing Duties 6
  • Article   9.10 Minimum Margins and Volumes 6
  • Article   9.11 Duration and Extent of Anti-dumping Duties 6
  • Article   9.12 Duration and Extent of Countervailing Duties 6
  • Article   9.13 Price Commitments 6
  • Article   9.14 Reimbursement or Elimination of Antidumping and Countervailing Duties 6
  • Article   9.15 Cooperation 6
  • Article   9.16 Working Group 6
  • Article   9.17 Multilateral Negotiations 6
  • Article   9.18 Settlement of Disputes 6
  • Chapter   X CROSS-BORDER TRADE IN SERVICES 6
  • Article   10.1 Definitions 6
  • Article   10.2 Scope of Application 6
  • Article   10.3 Subsidies 6
  • Article   10.4 National Treatment 6
  • Article   10.5 Most Favored Nation Treatment 6
  • Article   10.6 Market Access 6
  • Article   10.7 Local Presence 6
  • Article   10.8 Nonconforming Measures 6
  • Article   10.9 National Regulations 6
  • Article   10.10 Transparency 7
  • Article   10.11 Mutual Recognition 7
  • Article   10.12 Transfers and Payments 7
  • Article   10.13 Denial of Benefits 7
  • Article   10.14 Implementation and Consultation 7
  • Annex to Article 10.11  Professional Services 7
  • Chapter   XI INVESTMENT 7
  • Section   A General Provisions 7
  • Article   11.1 Definitions 7
  • Article   11.2 Scope of Application 7
  • Section   B Investment Protection 7
  • Article   11.3 National Treatment 7
  • Article   11.4 Most-favored-nation Treatment (2) 7
  • Article   11.5 Standard of Treatment 7
  • Article   11.6 Minimum Standard of Treatment Under Customary International Law 7
  • Article   11.7 Performance Requirements 7
  • Article   11.8 Senior Management and Boards of Directors 7
  • Article   11.9 Nonconforming Measures 7
  • Article   11.10 Exceptions 8
  • Article   11.11 Compensation for Losses 8
  • Article   11.12 Expropriation and Compensation (3) 8
  • Article   11.13 Transfers 8
  • Article   11.14 Special Formalities and Reporting Requirements 8
  • Article   11.15 Relationship with other Chapters 8
  • Article   11.16 Denial of Benefits 8
  • Article   11.17 Measures Relating to the Environment 8
  • Section   C Dispute Settlement between a Party and an Investor of the other Party 8
  • Article   11.18 Objective 8
  • Article   11.19 Notification and Consultation 8
  • Article   11.20 Submission of a Claim to Arbitration 8
  • Article   11.21 Consent of the Party 8
  • Article   11.23 Accumulation 8
  • Article   11.25 Participation of a Party 8
  • Article   11.26 Documentation 8
  • Article   11.27 Place of Arbitral Proceedings 8
  • Article   11.28 Indemnification 8
  • Article   11.29 Applicable Law 8
  • Article   11.30 Interpretation of Annexes 8
  • Article   11.31 Awards and Enforcement 8
  • Article   11.32 Expert Opinions 9
  • Article   11.33 Interim Measures of Protection 9
  • Article   11.34 Transparency of Arbitral Proceedings 9
  • Article   11.35 Exceptions 9
  • Annex to Article 11.19   Notification 9
  • Chapter   XII FINANCIAL SERVICES 9
  • Article   12.1 Definitions 9
  • Article   12.2 Scope of Application and Extent of Obligations 9
  • Article   12.3 Self-regulatory Bodies 9
  • Article   12.4 Right of Establishment 9
  • Article   12.5 Cross-border Trade (1) 9
  • Article   12.6 National Treatment 9
  • Article   12.7 Most-favored-nation Treatment 9
  • Article   12.8 Recognition and Harmonization 9
  • Article   12.9 Exceptions 9
  • Article   12.10 Transparency 9
  • Article   12.11 Financial Services Committee 10
  • Article   12.12 Consultations 10
  • Article   12.13 New Financial Services 10
  • Article   12.14 Data Processing 10
  • Article   12.15 Senior Management and Boards of Directors 10
  • Article   12.16 Denial of Benefits 10
  • Article   12.17 Transfers 10
  • Article   12.18 Expropriation and Compensation 10
  • Article   12.19 Settlement of Disputes between the Parties 10
  • Article   12.20 Solution of Disputes between a Party and an Investor of the other Party 10
  • Article   12.21 Nonconforming Measures 10
  • Article   12.22 Future Work 10
  • Annex to Article 12.1   Competent Authority 10
  • Chapter   XIII TEMPORARY ENTRY AND STAY OF BUSINESS PEOPLE 10
  • Article   13.1 Definitions 10
  • Article   13.2 General Principles 10
  • Article   13.3 Scope of Application 10
  • Article   13.4 Authorization for Entry and Temporary Stay 10
  • Article   13.5 Provision of Information 10
  • Article   13.6 Entry and Temporary Stay Committee 10
  • Article   13.7 Settlement of Disputes 10
  • Article   13.8 Relationship with other Chapters 10
  • Article   13.9 Transparency In the Application of Regulations 10
  • Annex to Article 13.4   Temporary entry and stay of business people (2) 10
  • Part   I Categories of Entry and Temporary Stay of Business Persons 10
  • Section   A Business Visitors 10
  • Section   B Traders and Investors 11
  • Section   C Transfer of Personnel Within a Company 11
  • Section   Section D: Professionals and Technical Professionals 11
  • Appendixes to the Annex to Article 13.4 11
  • Appendix 13.4-A   Business Visitors 11
  • Appendix 13.4-D   Technical professionals 11
  • Part   II Deadlines for the Entry and Temporary Stay of Business Persons 11
  • Chapter   XIV MUTUAL RECOGNITION OF CERTIFICATES, DIPLOMAS AND/OR ACADEMIC DEGREES 11
  • Article   14.1 Relationship to other Agreements 11
  • Article   14.2 Definitions 11
  • Article   14.3 Scope of Applicationt 11
  • Article   14.4 Mutual Recognition of Certificates, Degrees and/or Academic Degrees 11
  • Article   14.5 Pre-professional Internships or Student Social Service 11
  • Article   14.6 Study Abroad 11
  • Article   14.7 Complementary Measures 11
  • Article   14.8 Facilitation 11
  • Article   14.9 Mutual Recognition Committee 11
  • Chapter   XV SETTLEMENT OF DISPUTES 11
  • Section   A Dispute Resolution 11
  • Article   15.1 Cooperation 11
  • Article   15.2 Scope of Application 11
  • Article   15.3 Choice of Forum 12
  • Article   15.4 Consultations 12
  • Article   15.5 Intervention of the Administrative Commission 12
  • Article   15.6 Request for the Establishment of the Panel 12
  • Article   15.7 List of Panelists 12
  • Article   15.8 Qualifications of Panel Members 12
  • Article   15.9 Selection of Panel Members 12
  • Article   15.10 Rules of Procedure 12
  • Article   15.11 Powers of the Panel 12
  • Article   15.12 Preliminary Report 12
  • Article   15.13 Final Report 12
  • Article   15.14 Compliance with the Final Report 12
  • Article   15.15 Non-compliance - Suspension of Benefits 12
  • Article   15.16 Compliance Review 12
  • Section   B Internal Procedures 12
  • Article   15.17 Proceedings Before Internal Judicial and Administrative Authorities 12
  • Annex to Article 15.2   Nullification and impairment 12
  • Chapter   XVI TRANSPARENCY 12
  • Article   16.1 Definition 12
  • Article   16.2 Point of Contact 12
  • Article   16.3 Publication 12
  • Article   16.4 Notification and Provision of Information 12
  • Article   16.5 Administrative Procedures 12
  • Article   16.6 Review and Challenge 12
  • Chapter   XVII ADMINISTRATION OF THE AGREEMENT 13
  • Article   17.1 Administrative Commission 13
  • Article   17.2 Functions of the Administrative Commission 13
  • Article   17.3 Powers of the Administrative Committee 13
  • Article   17.4 Agreement Coordinators 13
  • Chapter   XVIII EXCEPTIONS 13
  • Article   18.1 General Exceptions 13
  • Article   18.2 National Security 13
  • Article   18.3 Exceptions to Disclosure of Information 13
  • Article   18.4 Taxation 13
  • Article   18.5 Balance of Payments 13
  • Annex to Article 18.4   Competent Authority 13
  • Chapter   XIX FINAL PROVISIONS 13
  • Article   19.1 Annexes, Appendices and Footnotes 13
  • Article   19.2 Entry Into Force 13
  • Article   19.3 Amendment of the Agreement 13
  • Article   19.4 Future Negotiations 13
  • Article   19.5 Accession 13
  • Article   19.6 Complaint 13
  • Article   19.7 Termination of ECA No. 8 13
  • Article   19.8 Transitional Provision 13
  • Article   19.9 Reserves 13
  • Annex I   Non-conforming measures 13
  • Annex I   Interpretative notes 13
  • Annex I   Schedule of Mexico 13
  • Annex I  Schedule of Peru 17
  • Annex II  Future actions 19
  • Annex II  Interpretative Notes 19
  • Annex II  Schedule of Mexico 19
  • Annex II  Schedule of Peru 20
  • Annex IV  Measures in force: 21
  • Annex V  Activities reserved to the State List of Mexico 21
  • Section   1 Activities Reserved to the Mexican State 21
  • Section   2 Deregulation of Activities Reserved to the Mexican State 21
  • Section   3 Activities Previously Reserved to the Mexican State 21